These exceptions are related to the 30minute rest break, 14hour. It stops states from telling drivers when they have to park for rest breaks. Specifically, the acpa had requested that concrete pump operators may use 30 minutes or more of onduty waiting time to satisfy the requirement for the 30minute rest break, provided that they do not perform any other work during the break. A driver cannot drive after the eighth hour of their shift without taking an offduty break of at least 30 minutes before driving again. A driver cannot drive after having been on duty 70 hours in any eight consecutive days. For example, if the speed limit is 65 mph, drivers should be able to travel about 550 miles in a 10hour period, so a trip of 600 miles or more may open the driver to charges of speeding. Concrete pump drivers get 30minute rest break exemption. In its second request, transco contended that the 30minute break helps. If the driver began the day as a 100 airmile driver and is more than 8 hours into the workday without a break, and something unexpected happens and the driver can no longer use the 100 airmile exemption, the driver must stop and immediately take the 30minute break as well as start logging. Dot officially floats hos changes that would alter 14hour clock, 30.
Fmcsa grants restbreak exemption for fuel haulers bulk transporter. Do drivers who are exempt from logging need the 30minute break. Drivers will be required to carry a copy of the exemption document with them, and the time will count toward drivers 60 or 70hour workweek limits. All drivers cdl and noncdl that operate within 100 airmiles of their normal work reporting location and satisfy the time limitations and. A driver claiming this exemption unnecessarily would be required to take the same rest breaks, but would be onduty and the time would. Breaks for shorthaul drivers fmcsa clarification donlen.
Breaking down the fmcsas 30minute rest break exemption for. Once a driver has worked a total of 60 hours in the past 7 days, they have hit their limit. After the 30minute break, the driver has at most another 8 hours to work before he is required to take another 30minute break. The fmcsa has introduced several hours of service rules and regulations hos rules to ensure safety and minimize driving accidents. All drivers are required to make a record of duty status rods, or a log, or log sheet of their activity or status during each 24hour period. Oversizeoverweight haulers granted exemption to 30minute. Log their 30 minute rest breaks as on duty while waiting with the vehicle, and. The federal motor carrier safety administration has announced an exemption from the 30 minute rest break provision in the hoursofservice regulations for haulers of oversizeoverweight loads. A driver cannot drive after any 8hour period onduty, until he or she takes the required 30minute off. Farm, ranch, and agricultural transportation exemption. All shorthaul drivers exempt from 30minute break hours of service. For short haul runs that are under 100miles, fuel haulers can now avoid taking the federally required 30minute breaks. Short haul truck drivers dont have to follow the 30 minute break hos rule if they meet certain criteria however, not all truck drivers are the same.
Fmcsa has announced it is no longer enforcing the mandatory 30 minute break required by the current hoursofservice rule in light of a court ruling last week that vacated that portion of the rule. What does the 30minute rest break mean for hazmat drivers. Drug and alcohol testing program if driver is required to have a cdl. Regulations federal motor carrier safety administration. Aug 23, 2016 drivers must also take a 30min break after 8 hours of driving. Fmcsa finalizes 30minute break rule for shorthaul drivers. The exemption applies to all oversizeoverweight permitted loads whose drivers are not required to comply with the 30minute rest break rule.
Apr 12, 2019 revising the current mandatory 30 minute break for truck drivers after eight hours of continuous driving. Livestock haulers get extension of 30 minute break exemption. A driver may restart a 78 day period after taking 34 or more consecutive hours off duty the 34hour restart option is only available to. If you break any short haul exemption rules before the 8th hour of on duty, then you need to take your 30minute rest break before you drive into your 8th hour. Drivers must take a mandatory 30minute break by their eighth hour of coming on duty. Ota states that those who are eligible for he exemption will reduce their work day from 14 to 12 hours in exchange for the 30minute break exemption. Livestock haulers get extension of 30minute break exemption. The federal motor carrier safety administration granted the exemption to tanker drivers who normally operate under the 100 airmile shorthaul hours of service exemption hauling certain petroleumbased fuels. The driver does not get 14 hours of onduty time in addition to the 30minute break. Oregon trucking association seeks hos exemption for loggers. Last week, the federal motor carrier safety administration announced it had granted an exemption of the 30 minute rest break provision in the current hoursofservice regulations to haulers of. The 16hour short haul exception though extends that 14hour window by 2 hours. As of today, some tank truck drivers are exempt from taking a federally required 30minute break when they work beyond 12 hours.
The final rule adopted several changes to the hos regulations, including a new provision requiring drivers to take a rest break during the work day under certain circumstances. In order to reset the cycle, drivers must take a consecutive 34 hours of offduty. Fuel haulers embrace 30minute break exemption dj products. Fmcsa exemption from hos 30minute rest requirement mtac. And they need to maintain a drivers log for seven days and eight days after, respectively. The federal motor carriers safety administration has decided to renew the exemption from the 30 minute break provision in the. The exemption enables all specialized carriers and drivers responsible for the transportation of loads that exceed normal weight and dimensional limits oversizeoverweight osow loads and require a permit issued by a government authority, to be exempt from the 30minute rest break provision in 49 cfr 395. Drivers may be on duty for up to 14 hours following 10 hours off duty, but they are limited to 11 hours of driving time. Fmcsa will cease enforcement of the hos mandatory 30minute break against shorthaul operations. Last week, the federal motor carrier safety administration announced it had granted an exemption of the 30minute rest break provision in the current hoursof. The 14hour duty period may not be extended with offduty time for breaks, meals, fuel stops, etc. The decision, announced friday, keeps a 50state rule that calls for a 30 minute rest break after eight hours of driving. Breaking down the fmcsas 30minute rest break exemption.
Exemption from 30minute break rule sought for some hazmat loads. Sometimes ive gotten hit though for barely going over. Transcos grocery division allowed to use onduty, not driving time. Drivers take aim at 30minute rest break provision in hos comments.
Hours of service 70 hour rule the 6070hour limit stipulates that a driver should not drive after 6070 hours on duty in 78 consecutive days. Revising the current mandatory 30minute break for truck drivers after eight hours of continuous driving. Dec 10, 20 ota states that those who are eligible for he exemption will reduce their work day from 14 to 12 hours in exchange for the 30minute break exemption. Updated hos 30minute break enforcement policy for shorthaul. Changes to truck driver hours of service rules take big step. The exemption applies to all oversizeoverweight permitted loads whose drivers are not required to comply with the 30 minute rest break rule. Under the new exemption from the federal motor carrier safety administration fmcsa, these drivers are allowed to.
Mar 29, 2017 specifically, the acpa had requested that concrete pump operators may use 30 minutes or more of onduty waiting time to satisfy the requirement for the 30minute rest break, provided that they do not perform any other work during the break. The decision, announced friday, keeps a 50state rule that calls for a 30minute rest break after eight hours of driving. Under the new federal motor carrier safety administration fmcsa rules regarding hours of service implemented this past summer, all commercial truck drivers and bus drivers need to be offduty for at least 30. Exemptions to the federal motor carrier safety regulations. So drivers can have a 16hour window instead of 14 once per cycle provided that certain conditions are met. The american trucking associations ata has asked the department of transportation to grant hazmat haulers an exemption from the 30minute break requirement of the federal motor carrier safety administrations 20 hoursofservice regulations. Drivers may drive a cmv only if 8 hours or less have passed since the end of the driver s last offduty or sleeperberth period of at least 30 minutes. What does a 30 minute break exemption mean for the fuel haulers who work more than 12 hours each day. The 30minute rest break provision applies a little differently to hazmat drivers hauling dangerous materials as i write this, the 30minute rest break requirement is yesterdays news. All drivers whether they hold a commercial driver s license cdl or not who operate within 100 airmiles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of 395. While truck driver exemptions apply to california labor law, they do not apply to california meal breaks, so truck drivers are usually entitled to a 30minute meal break.
There has been some confusion among truck drivers about 30minute rest breaks when they cease to use the short haul trucking exemption midrun. Drivers can be exempt from some hos rules if certain conditions meet. Hazmat drivers excused from break go by truck global news. Fmcsa clarifies short haul exemption from 30 minute rest requirement august 12, 20 the amendment is in reaction to a federal appeals court ruling that upheld the overall hours of service rule but overturned a provision in the rule that included shorthaul drivers in a new requirement that drivers take 30 minute breaks before driving more than. These exceptions are generally related to the 30 minute rest break, 14hour period, and 11hour rule. While the decision does not officially take effect until the mandate is issued 52 days after the decision unless a party files a petition for rehearing, either by the panel or en banc, or moves to. The first exemption from the hos 30minute break provision will allow drivers transporting readymixed. This newest exemption could mean more haulingunloading and a busier schedule for fuel haulers. Under the 100 airmile radius exemption, the rule states that the driver must be out and back within a 12hour period. Does a truck driver need a 30minute break every 8 hours of driving. For short haul runs that are under 100miles, fuel haulers can now avoid taking the federally required 30 minute breaks. A driver who is not required to constantly attend his or her vehicle must take the minimum 30minute rest break as offduty time, which does not count against the 7 or 8day limit of 60 or 70 hours onduty. A driver may restart a 78 day period after taking 34 or more consecutive hours off duty the 34hour restart option is only available to drivers moving property, not passengers. When carrying any other type of load, the drivers will have to comply with the standard 30minute break.
In this post, we discuss the 30minute break rule in detail. Truckers want 30minute rest break cut from safety rules. Question about 16 hour big day short haul exemption 395. If you break any short haul exemption rules before the 8th hour of on duty, then you need to take your 30 minute rest break before you drive into your 8th hour. Drivers under the shorthaul exemption arent required to keep records of. Or just as long as my logs show me as a local driver inside of 100 air miles and less than 12 hours, does that exempt me from taking a 30 minute break. Commercial drivers can be exempt from some hoursofservice rules if certain conditions are met. Fmcsa exempts truckers from california meal and rest break rule. A propertycarrying driver is exempt from the requirements of 395. To ensure road safety, the federal motor carrier safety administration fmcsa.
Only motor carriers with satisfactory or unrated safety scores will be granted the exemption. One fairly recent exemption will allow shorthaul drivers to ignore the 30 minute break rule, but the fmcsa has published a clarification that may have a major impact on some shorthaul drivers. Fmcsa has also proposed changes to the required 30minute break. Note though that the 16hour shorthaul exception does not extend the 11hour driving. Oct 17, 2016 if you are a propertycarrying driver and, for some reason, the 30minute break rule does not apply to you, just deselect the 30 minute break option under keeptruckin app settings, and you will not be notified to take the break. Fmcsa did not specify when drivers must take the 30minute break, but the rule requires that they wait no longer than 8 hours after the last offduty or sleeperberth period of that length or. Shorthaul drivers get 30minute break exemption clarified. The 30minute break is often misunderstood by truckers. The 30minute break must be spent off duty andor in a sleeper berth, but no matter how it is spent it must be counted as part of the drivers 14hour allowance. Aug 28, 2017 a driver can be onduty a maximum 60 hours in a 7 day cycle. Fmcsa clarifies 30minute rest break provision minnesota.
Updated hos 30minute break enforcement policy for short. If it does not, to figure the gcwr, add the gross vehicle weight ratings gvwr or gross vehicle weights, of the power unit and towed unit, that provides the highest value. May the driver of a propertycarrying vehicle be on duty for more than 14 hours. Some truckers drive for long distances, or for longhauls, and other commercial truck drivers carry cargo for shorter distances. From the moment i go on duty i can drive for a maximum of 11 hours, legally. What if a driver goes over that 12hour period for one day. Jul 15, 2018 close to 40,000 truck drivers now can benefit from the 30 minute break exemption. The court upheld the 2011 hours of service regulations in all aspects except for the 30minute break provision as it applies to short haul drivers. Those thousands of haulers will bring more business to other industries as well. Aug 21, 2015 the american trucking associations was granted an exemption request it made in may that would grant haulers of hazardous materials an exemption from the 30 minute break required by federal hours. A fullproof way to avoid hos violations is to think about what you cannot do instead of what you can do. Drivers may drive a cmv only if 8 hours or less have passed since the end of the drivers last offduty or sleeperberth period of at least 30 minutes. A driver cannot drive after any 8hour period onduty, until he or she takes the required 30minute offduty break.
Dot hours of service guidelines state that, on average, drivers should be able to travel about 10 miles per hour below the speed limit over a 10hour period. Some hazmat haulers granted exemption from 30minute break. We break it down for you to lessen the confusion and frustration. As of today, some tank truck drivers are exempt from taking a federally required 30 minute break when they work beyond 12 hours. Close to 40,000 truck drivers now can benefit from the 30minute break exemption.
This clarification comes after a recent court decision vacating the 30minute break only addressed one of the shorthaul driver categories. Jun 18, 2015 the exemption enables all specialized carriers and drivers responsible for the transportation of loads that exceed normal weight and dimensional limits oversizeoverweight osow loads and require a permit issued by a government authority, to be exempt from the 30minute rest break provision in 49 cfr 395. A driver who transports an animal, vehicle or other personal property in interstate commerce in a vehicle or vehicle combination with a gvwr, gvw, gcwr, or gcw whichever is greater of 10,001 pounds or more, and the driver does not qualify for the occasional use exemption in 390. Fmcsa has announced it is no longer enforcing the mandatory 30minute break required by the current hoursofservice rule in light of a court ruling last week that vacated that portion of the rule. Fmcsa extends hos exemption for concrete pumpers to five years the fmcsa announced that they will extend the 30minute hos break for the american concrete by go by truck news october 16, 2019.
The court upheld the 2011 hours of service regulations in all aspects except for the 30 minute break provision as it applies to short haul drivers. All drivers are required to make a record of duty status rods, or a log, or log sheet of. This request mirrors the exemption granted in 2015 to the national ready mixed concrete association. The 30 minute break rule is trucks taking a break a a truck stop mandatory unless you qualify for an exemption to it. Company policy is company policy, so anytime i know im gonna be over eight hours, i take a 30 minute break. Fmcsa clarifies short haul exemption from 30 minute rest requirement august 12, 20 the amendment is in reaction to a federal appeals court ruling that upheld the overall hours of service rule but overturned a provision in the rule that included shorthaul drivers in a new requirement that drivers take 30minute breaks before driving more than. The 30 minute break rule is mandatory for most propertycarrying drivers. Interstate truck driver s guide to hours of service your truck may have a gross combination weight rating gcwr posted in the same manner as the gross vehicle weight rating. Jun 22, 2015 last week, the federal motor carrier safety administration announced it had granted an exemption of the 30 minute rest break provision in the current hoursofservice regulations to haulers of. Using the 100 airmile radius exemption dot csa insights. Freight and trucking dot hours of service regulations. Fmcsa ends 30minute break enforcement for short haulers. Drivers must also take a 30min break after 8 hours of driving. Dec 19, 20 since the new hours of service rules were implemented on july 1 st, the fmcsa has issued several exceptions for different parts of the industry.
Technically in the united states we can drive for a total of 12. Fmcsa extends hos exemption for concrete pumpers to five years the fmcsa announced that they will extend the 30 minute hos break for the american concrete by go by truck news october 16, 2019. The federal motor carriers safety administration has decided to renew the exemption from the 30. Fmcsa clarifies short haul exemption from 30 minute rest. How many miles can a truck driver legally drive in a 24hour. One fairly recent exemption will allow shorthaul drivers to ignore the 30minute break rule, but the fmcsa has published a clarification that may have a major impact on some shorthaul drivers. Fmcsa grants hours of service exemption for oversize. More drivers exempted from 30minute breaks and elds. What does a 30minute break exemption mean for the fuel haulers who work more than 12 hours each day.
Work 14 hours without needing to use a log or eld, two hours more than normally allowed under the 100airmile exception. Truck drivers for grocery store delivery fleet transco, a subsidiary of. On december 27, 2011, fmcsa introduced a new provision the 30 minute break rule that requires cmv drivers to take a mandatory 30minute break after 8 hours of being on duty. Exempt from the requirement for a 30 minute rest break in section 395. As of april 2012, the california supreme court decided that employers are required. Fmcsa agreed that the time these drivers spend unloading provides rest that is equivalent to, and often greater than, rest from the traditional 30minute rest break. Court of appeals for the district of columbia circuit ruled that the fmcsa must provide the restbreak exemption for shorthaul drivers. On monday, the fmcsa announced in the federal register that the agency has finalized a rule for shorthaul drivers that will allow them to be exempt from the 30minute rest break. Get the free cdllife app today free truck gps, parking locator, driver community, and a whole lot more. Oct 29, 20 on monday, the fmcsa announced in the federal register that the agency has finalized a rule for shorthaul drivers that will allow them to be exempt from the 30 minute rest break. Short haul exemption learn how to stay hos compliant. The two categories of shorthaul drivers are defined as. Drivers must take a mandatory 30 minute break by their eighth hour of coming on duty.
This can be done at any time as long as the hours do not exceed 60 hours. Specifically, the following drivers are no longer subject to the 30minute break requirement. Court of appeals for the district of columbia circuit ruled that the fmcsa must provide the rest break exemption for shorthaul drivers. The american trucking associations was granted an exemption request it made in may that would grant haulers of hazardous materials an exemption from the. The second exemption will allow drivers to use the shorthaul rods exception but with a. A driver can be onduty a maximum 60 hours in a 7 day cycle. A driver is required to have a cdl if the vehicle ownerlessee is being paid for the trip, or. New hours of service regulations now in place foley. The federal motor carrier safety administration has announced an exemption from the 30minute rest break provision in the hoursofservice regulations for haulers of oversizeoverweight loads. Nov 20, 2019 and they need to maintain a driver s log for seven days and eight days after, respectively. There has been some confusion among truck drivers about 30 minute rest breaks when they cease to use the short haul trucking exemption midrun. Since the new hours of service rules were implemented on july 1 st, the fmcsa has issued several exceptions for different parts of the industry. If you are a propertycarrying driver and, for some reason, the 30minute break rule does not apply to you, just deselect the 30 minute break option under keeptruckin app settings, and you will not be notified to take the break.
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