FMCSA Issues Final Rule to Revisions of HOS Regulations

On May 14, 2020, The Federal Motor Carrier Safety Administration issued a final rule to revise the Hours of Service regulations.

FMCSA revises the hours of service (HOS) regulations to provide greater flexibility for drivers subject to those rules without adversely affecting safety. The Agency: (1) expands the short-haul exception to 150 air-miles and allows a 14-hour work shift to take place as part of the exception; (2) expands the driving window during adverse driving conditions by up to an additional two hours; (3) requires a 30-minute break after eight hours of driving time (instead of on-duty time) and allows an on-duty/not driving period to qualify as the required break; and (4) modifies the sleeper berth exception to allow a driver to meet the 10-hour minimum off-duty requirement by spending at least seven, rather than at least eight hours of that period in the berth and a minimum off-duty period of at least two hours spent inside or outside of the berth, provided the two periods total at least 10 hours, and that neither qualifying period counts against the 14-hour driving window.

This new rule will become effective on September 11, 2020. Number 1 above addresses ACPA’s short-haul extension by two hours, negating the need for the exemption. It also extends the 100 air-mile rule to 150 air-miles. Number 3 above addresses ACPA’s 30-minute break exemption.

The current exemptions cover concrete pumps between now and the effective date of the new rule. After September 11, concrete pumps will no longer need ACPA’s two HOS exemptions.

The full version of the final rule can be found at: https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-05/HOS%20Master%20050120%20clean.pdf