Attention Haulers: 30-Minute Rest Break Provision Decision
The Court upheld the 2011 HOS 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, the FMCSA announced it will immediately cease enforcement of the 30-minute rest break provision of the HOS rule against short-haul operations. The FMCSA requested 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).
Therefore, effective Aug. 2, 2013, the following drivers are not subject to the 30-minute break requirement:
- All drivers (CDL and non-CDL) who operate within 100 air-miles of their normal work reporting location and who satisfy the time limitations and recordkeeping requirements of 395.1(e)(1)
- Non-CDL drivers who operate within a 150 air-mile radius of the location where they report for duty and who satisfy the time limitations and recordkeeping requirements of 395.1(e)(2)
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