In response to a lawsuit challenging the Federal Motor Carrier Safety Administration (FMCSA)’s regulations that included a 30-minue rest break requirement for drivers under certain conditions, a U.S. Appeals Court upheld the regulations except for short haul drivers.
The lawsuit, brought by the American Trucking Associations and Public Citizen, challenged the FMCSA’s 2011 Hours of Service regulations that included a provision that
[Required] 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. (http://www.fmcsa.dot.gov/documents/hos/30-Minute-Guidance.pdf)
In its decision, the U.S Court of Appeals for the District of Columbia Circuit ruled on August 2, 2013 that the regulations were legal except as it applies to short haul drivers. The decision does not officially take effect until September 23, 2013, but the FMCSA announced that they will immediately cease enforcement of the 30-minute rest break provision for short-haul operators. The Agency also requested that its State enforcement partners stop enforcing the provision upon risk of violating the Motor Carrier Safety Assistance Program (MCSAP).
Drivers that are specifically exempt from this 30-minute rest break rule include 1. All drivers (CDL and non-CDL) that operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of 395.1(e)(1), and 2.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 recordkeeping requirements of 395.1(e)(2).
Long-haul carriers are still subject to the provision (76 FR 81133) requiring that drivers take the 30-minute break under the above provisions.
As always, Office Tenders works hard to remain up-to-date with all new DOT and FMCSA regulations, including driver log book auditing.If you have any questions on the new regulations or other DOT Compliance issues, contact us today.
Hi Robert. Well, for starters you’re going to have to go thorugh the training all over again like you never drove a truck before. You didn’t mention if you still have your CDL or not, but even if you do you’ll have to go out on the road with a trainer for a few weeks. No big deal, really. But it does mean you’ll have to go with a company that has training in the first place which likely means a larger carrier. With the bad economy, I’d say you should take a look at some of the larger refrigerated carriers like KLLM, England, Stevens, Prime, or Central Refrigerated. I wouldn’t worry yourself do death over which company you choose. If they’re a well-established carrier with a fairly large fleet, you know you can make things work out. You know how they should be treating you and you know if you’ll need to switch dispatchers and all that. You’ve been there. Take a look at our page on . If you have your CDL you may not need to go thorugh the schooling, but they may want you to play around in the yard backing up trucks for a couple days and going over the newer logbook rules just to freshen you up and it’s probably a really good idea for you to do so. Hey, what’s a few days in the yard, right? Nothin to it. Take a look at some of those companies on that page along with the other companies that I had mentioned. Make a few phone calls, tell them your situation, and see what they say. I’m sure several of them would love to have you as long as your record has stayed decent these past few years. Best of luck to ya! Enjoy being back out there! Hey, they have cell phones, GPS, wi-fi, and Satellite communications now! Remember when we had to rely on notebooks, payphones, and $5 maps???? LOL! I do not consider those the good ole’ days ! I love the new technology which makes life so much easier out there now! Good luck!