The Federal Motor Carrier Safety Administration’s (FMCSA) Hours of Service final rule became effective Sept. 29, 2020. The final rule revised the previous regulations on hours of service and affect the sleeper berth provision, adverse driving exception, short-haul exception and the 30-minute break rule.
The FMCSA says it believes these changes will provide more flexibility and allow for more productivity while ensuring safety.
Sleeper Berth Provision
The new rule allows drivers to split the 10-hour off-duty period, as long as one section is at least two hours long and the other provides at least seven consecutive hours in the sleeper berth. When combined, both periods must add up to 10 hours. When used together, neither period counts against the maximum 14-hour driving window.
30-Minute Break Changes
The rule now allows drivers to satisfy the 30-minute break requirement with an on-duty (not driving) break. This new provision applies to property- carrying drivers who have driven for eight hours without a 30-minute rest.
Adverse Driving Conditions
The rule extends the duty day by two hours in adverse driving conditions. These two hours are in addition to the extra two hours that are already allowed. This change applies for both property (14-hour driving window) and passenger (15-hour on-duty limit) motor carriers.
Changes to Short-Haul Exception
The rule increases the maximum allowable workday for the short-haul exception from 12 to 14 hours. The distance of the short-haul exception is also increasing the air-mile radius from 100 to 150 miles.
Please visit the FMCSA hours of service website for more information.
The FMCSA has stated it believes these changes will provide more flexibility and allow for more productivity while ensuring safety.
Electronic Logging Devices or Logbooks
- Employers should update electronic logging device (ELD) features to prevent a violation of the new hours of service revisions.
- When using the short haul exception, drivers are allowed to record time in a time record rather than an ELD or graph grid.
This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2020 Zywave, Inc. All rights reserved.