Thursday, August 29, 2019
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemaking in the Federal Register on proposed changes to hours-of-service (HOS) rules by updating existing regulations for commercial motor vehicle (CMV) drivers. The comment period is now open.
Based on detailed public comments received previously, FMCSA’s proposed new HOS rule includes five key revisions. The agency proposes to increase flexibility for the 30-minute break rule by tying the break requirement to eight hours of driving time without an interruption for at least 30 minutes, and allowing the break to be satisfied by a driver using on-duty/not-driving status rather than strictly off-duty.
FMCSA is also proposing to modify the sleeper- berth exception to allow drivers to split their required 10 hours off duty into two periods: one of at least seven consecutive hours in the sleeper berth and the other period of not less than two consecutive hours, either off duty or in the sleeper berth. Neither period would count against the driver’s 14-hour driving window.
The agency’s rulemaking also proposes to allow one off-duty break of at least 30 minutes, but not more than three hours, that would pause a driver’s 14-hour driving window, provided the driver takes 10 consecutive hours off duty at the end of the work shift. Another change is to modify the adverse driving conditions exemption by extending by two hours the maximum window during which driving is permitted.
Finally, FMCSA proposes a change to the short- haul exception available to certain commercial drivers by lengthening the driver’s maximum on-duty period from 12 to 14 hours, and extending the distance limit within which the driver may operate from 100 air miles to 150 air miles.
“This proposed rule seeks to enhance safety by giving America’s commercial drivers more flexibility while maintaining the safety limits on driving time,” said U.S. Transportation Secretary Elaine L. Chao. “FMCSA wants drivers and all CMV stakeholders to share their thoughts and opinions on the proposed changes to hours-of-service rules that we are putting forward today,” added FMCSA Administrator Raymond P. Martinez.
First adopted in 1937, FMCSA’s hours-of-service rules specify the permitted operating hours of commercial drivers. In 2018, the agency authored an advanced notice of proposed rulemaking to receive public comment on portions of the HOS rules to alleviate unnecessary burdens placed on drivers while maintaining safety on the nation’s highways and roads. In response, FMCSA received more than 5200 comments. Noted is that the proposed rule would not increase driving time and would continue to prevent CMV operators from driving more than eight consecutive hours without at least a 30-minute change in duty status.
In addition, FMCSA’s proposed rule on hours-of- service regulations is estimated to provide $274 million in savings for the U.S. economy and American consumers. The agency comments that the trucking industry is a key component of the national economy, employing more than seven million and moving 70% of the country’s domestic freight.
(SOURCE: The Weekly Propane Newsletter, Sept. 3, 2019)
Based on detailed public comments received previously, FMCSA’s proposed new HOS rule includes five key revisions. The agency proposes to increase flexibility for the 30-minute break rule by tying the break requirement to eight hours of driving time without an interruption for at least 30 minutes, and allowing the break to be satisfied by a driver using on-duty/not-driving status rather than strictly off-duty.
FMCSA is also proposing to modify the sleeper- berth exception to allow drivers to split their required 10 hours off duty into two periods: one of at least seven consecutive hours in the sleeper berth and the other period of not less than two consecutive hours, either off duty or in the sleeper berth. Neither period would count against the driver’s 14-hour driving window.
The agency’s rulemaking also proposes to allow one off-duty break of at least 30 minutes, but not more than three hours, that would pause a driver’s 14-hour driving window, provided the driver takes 10 consecutive hours off duty at the end of the work shift. Another change is to modify the adverse driving conditions exemption by extending by two hours the maximum window during which driving is permitted.
Finally, FMCSA proposes a change to the short- haul exception available to certain commercial drivers by lengthening the driver’s maximum on-duty period from 12 to 14 hours, and extending the distance limit within which the driver may operate from 100 air miles to 150 air miles.
“This proposed rule seeks to enhance safety by giving America’s commercial drivers more flexibility while maintaining the safety limits on driving time,” said U.S. Transportation Secretary Elaine L. Chao. “FMCSA wants drivers and all CMV stakeholders to share their thoughts and opinions on the proposed changes to hours-of-service rules that we are putting forward today,” added FMCSA Administrator Raymond P. Martinez.
First adopted in 1937, FMCSA’s hours-of-service rules specify the permitted operating hours of commercial drivers. In 2018, the agency authored an advanced notice of proposed rulemaking to receive public comment on portions of the HOS rules to alleviate unnecessary burdens placed on drivers while maintaining safety on the nation’s highways and roads. In response, FMCSA received more than 5200 comments. Noted is that the proposed rule would not increase driving time and would continue to prevent CMV operators from driving more than eight consecutive hours without at least a 30-minute change in duty status.
In addition, FMCSA’s proposed rule on hours-of- service regulations is estimated to provide $274 million in savings for the U.S. economy and American consumers. The agency comments that the trucking industry is a key component of the national economy, employing more than seven million and moving 70% of the country’s domestic freight.
(SOURCE: The Weekly Propane Newsletter, Sept. 3, 2019)
