FMCSA ends 30-minute break enforcement for short haulers

By James Jaillet on

hours eveningThe Federal Motor Carrier Safety Administration has announced it is no longer enforcing the mandatory 30-minute break required by the current hours-of-service rule in light of a court ruling last week that vacated that portion of the rule.

The agency said that as of Aug. 2 the break, which was required after eight on-duty hours for all drivers, will no longer apply to short haulers, which are defined as all drivers (including CDL holders) who operate within 100 air-miles of their normal work reporting location or non-CDL drivers who operate within a 15o-mile radius of the location where they report for duty.

All other portions of the current hours rule were upheld, including the rule that a driver’s 34-hour workweek restart include two 1 a.m. to 5 a.m. periods and the limit of using the 34-hour restart just once per 160 hours.

James Jaillet

James Jaillet is the News Editor for CCJ and Overdrive. Reach him at jjaillet@randallreilly.com.

5 comments
stmills
stmills

Hello, I'm a local driver (100 air mile radius) for a global industrial gas company. My company continues to force our drivers to take the mandatory 30 minute break. We are hourly M-F, and represented by the teamsters. I personally think that they can expect over the course of the year to have drivers work through this break and give the company a considerable cost savings. Can they force us to do this legally? We have yet to contact the union. Thank You.

Totally Amazed
Totally Amazed

More double talk nonsense from the enlightened ones.

MARK N
MARK N

I just read the Enforcement Policy on the FMCSA website. It says that the decision to exempt short haul drivers form the 30 minute break requirement will not officially take effect until 52 days after the decision. They are allowing time for a rehearing or for a petition to be filed. Because of what I've seen happening with the FMCSA in the past 20 years, I think we will continue to enforce the 30 minute break internally until 52 days are over. 

MARK N
MARK N

I assume you are referring to "FMCSA announces the Agency will immediately cease enforcement" and "The Agency requests that its State enforcement partners also cease enforcement of this provision." Non-enforcement of a law does not make it legal to break the law. Until the decision to eliminate the requirement for short haul carriers officially goes into effect, 52 days after Aug. 2nd, the current law stands, regardless of enforcement efforts. There is still a chance this change may not happen - 45 days remaining for outside political pressure to convince the court that the HOS regs should stay as they are today. And notice that the States have only been requested (not ordered) not to enforce the 30 minute rest period on short haul carriers.  

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