Updated HOS 30-Minute Break Enforcement Policy for Short-Haul Drivers

Enforcement Policy – Court Decision on the 30-Minute Rest Break Provision


On December 27, 2011 (76 FR 81133), FMCSA published a final rule amending its hours-of-service (HOS)
 regulations for drivers of property-carrying commercial motor vehicles (CMVs). 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. Drivers may drive a CMV only if 8 hours or less have
 passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes. FMCSA did
 not specify when drivers must take the 30-minute break, but the rule requires that they wait no longer than 8
 hours after the last off-duty or sleeper-berth period of that length or longer to take the break. Drivers who
 already take shorter breaks during the work day could comply with the rule by taking one of the shorter
 breaks and extending it to 30 minutes. The new requirement took effect on July 1, 2013.

Court Decision
 On August 2, 2013, the U.S. Court of Appeals for the District of Columbia Circuit issued its ruling on the
 Hours of Service litigation brought by the American Trucking Associations and Public Citizen. 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. 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 stay the mandate pending the filing of a petition for certiorari in the Supreme Court), FMCSA
 announces the Agency will immediately cease enforcement of the 30-minute rest break provision of the
 HOS rule against short-haul operations.
 The Agency requests that its State enforcement partners also cease enforcement of this provision. States that
 do so will not be found in violation of the Motor Carrier Safety Assistance Program (MCSAP).

 Effective August 2, 2013, FMCSA will no longer enforce 49 CFR 395.3(a)(3)(ii) against any driver that
 qualifies for either of the “short haul operations” exceptions outlined in 49 CFR 395.1(e)(1) or (2). The
 Agency requests that State and local enforcement agencies also refrain from enforcing the 30-minute rest
 break against these drivers. Specifically, the following drivers would not be subject to the 30-minute break

  • All drivers (CDL and non-CDL) that operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and record keeping requirements of 395.1(e)(1).
  • Non-CDL drivers that operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and record keeping requirements of 395.1(e)(2).

FMCSA will also be initiating a rule-making to include text in the HOS regulations noting that the 30 minute
 break provisions do not apply to short haul drivers

4 comments (Add your own)

1. Jeameva wrote:
Buy Wellbutrin Xl In Uk Colospa viagra online prescription Dapoxetina 2011 Prix Du Kamagra Pfizer Amoxicillin Dosage For Puppy

Tue, January 8, 2019 @ 6:24 PM

2. Jeameva wrote:
Drug Ratings Worldwide isotretinoin by money order in usa price tadalafil cialis from india Avodart Lowest Price Acquisto Viagra Con Mastercard Worldwide Zentel Best Website Levitra Purchase Usa extra super levitra frumforum.co Cialis Generique Avec Dapoxetine Pastillas Cialis Tadalafil Vendita Cialis

Fri, January 18, 2019 @ 4:08 PM

3. Jeameva wrote:
A Partir De Amoxil Viagra Available At Boots Online Ou Acheter Du Cialis Generique viagra prescription Buy Propecia Japan Commander Cialis Avamigran Keflex Clotrimazole Cream And Towin cialis 5 mg Black Cialis 800 Mg Best Prices Lasix Side Effects Canadian Viagra For Sale Misoprostol For Sale Sildenafil Generique 120 Mg buy generic cialis online Experiencias Con Viagra Cialis Pharmacie Ligne Decadron Mail Order Cialis Und Antibiotika Usage Of Cephalexin Propecia Description cheapest cialis Viagra Trh Pharmacy Need Zentel Delivered On Saturday In Internet Overseas Levitra Bayer Online

Thu, January 24, 2019 @ 11:36 PM

4. wrote:
I have learn some excellent stuff here. Definitely
worth bookmarking for revisiting. I surprise how a lot attempt you place to make such a fantastic informative web site.

Wed, November 20, 2019 @ 3:11 AM

Add a New Comment


Comment Guidelines: No HTML is allowed. Off-topic or inappropriate comments will be edited or deleted. Thanks.

Contact Us

Warriner & Associates Insurance, Inc.
11111 Wilcrest Green, Suite 101
Houston, Texas 77042
Phone:713.785.5252 Fax:713.785.0688