The Canadian Trucking Alliance has complied the following report with input from the Federal Motor Carrier Safety Administration (FMCSA) and the American Trucking Associations in regards to last week’s news that a US Court of Appeals upheld the hours of service rules, except for a decision to exempt shorthaul drivers from the requirement to take 30-minute breaks before driving more than eight hours straight.
Effective August 2, 2013, the 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). FMCSA has requested that State and local enforcement agencies also refrain from enforcing the 30-minute rest break against these drivers. Specifically, the following drivers (including Canadian drivers) would not be subject to the 30-minute break requirement:
• All drivers (CDL and non-CDL) that operate within a 100 air-mile radius (185.20 km)*of their normal work reporting location and satisfy all time limitations and recordkeeping requirements of 395.1(e)(1).
• Non-CDL drivers that operate within a 150 air-mile radius (277.77 km)* of the location where the driver reports for duty and satisfy all time limitations and recordkeeping requirements of 395.1(e)(2).
Full details of each short-haul driver category and all qualifying conditions, can be obtained from FMCSA at this link:
Carriers should reference the full details of the many conditions of the exemptions in 395.1 e to determine if any of their short-haul cross-border operations would not be subject to the 30-minute break requirement.
*Special Note: 100 air-miles are equivalent to 115.08 statute miles (185.20 kms), and 150 air-miles are equivalent to 172.6 statute miles (277.77 kms).
For complete details of FMCSA’s Enforcement Policy Notice, please visit here.