Fmcsa 30 minute break rule explained michigan auto law. The change to the 30 minute break requirement will result in a reduction in opportunity cost, or a cost savings, for motor carriers. My company has decided that it must clock me out in order to satisfy the new dot 30 minute break rule. A driver may drive only if 8 hours or less have passed since the end of the drivers last off duty period of at least 30 minutes. Under california wage and hour law, nonexempt employees must receive a thirty 30 minute lunch or meal break if they work more than five 5 hours in a day. It is important to note that the 30 minute break rule restricts drivers from driving. In addition to the above exemptions, these changes also went into effect on september 29, 2020. Hos rule and the new rule that takes effect on september 29, 2020. Jul 14, 2017 the 30 minute break violation went from nonexistent prior to july of 20 to the second most commonly written hoursofservice violation in 2016, behind only form and manner.
Enforcement of the hos is generally handled by dot officers of each state, and are. My company has always allowed me to take a 30 minute lunch break with pay. When you finish your break and switch back to driving or on duty, an 8. This regulatory guidance addresses application of the 30 minute break rule to interstate drivers of commercial motor vehicles cmvs who begin their duty days as short haul drivers exempt from the break rule, but who occasionally exceed the short. Does a truck driver need a 30 minute break every 8 hours of driving. If you break any short haul exemption rules before the 8th hour of on duty, then you need to take your 30 minute rest break before you drive into your 8th hour. Department of transportation modernizes hours of service. On long runs it shouldnt really be a problem, or if there is time built in.
Before completing these 8 hours, you must change to off duty or sleeper and take a break that lasts at least 30 minutes. Fmcsa estimates the 10year motor carrier cost attributable to the changes to the 30 minute break provision at. Employees who work more than ten 10 hours in a day are entitled to a second 30 minute meal break rest breaks under california labor law are required for non. My problem with it is that i run jit loads half of my time on the road, with the new rules and elogs without the 30 minute break i am showing up about 30 45 minutes early. Fmcsa announced four changes to hos rules for interstate. The changes affect the 30 minute break, the shorthaul exception, the.
Truckers want 30minute rest break cut from safety rules. Revisions to the sleeperberth exception to allow truck drivers to split their required 10 hours off into two periods, one being at least seven hours in a sleeper berth and the other being at least two hours off. The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying. Am i required to clock out to satisfy new 30 minute break rule. Employees can waive their meal break requirement if both they and their employer agree. 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. Shorthaul hours of service limit 30 minute rest break provision sleeper berth rule to allow drivers to split their required time in the sleeper berth. House passes bill barring the dot from eliminating 30minute. May 14, 2020 the 30 minute break provision will be modified to require the break after eight hours of consecutive driving time instead of onduty time and allows an ondutynot driving period to qualify as the required break. The mandatory 30 minute rest break remains, but drivers will now break after eight hours of driving time, rather than after eight hours of onduty time. The ethos identifies only potential violations, and should not be relied on by motor carriers to monitor or evaluate hours of service compliance. The changes affect the 30minute break, the shorthaul exception, the. A fullproof way to avoid hos violations is to think about what you cannot do instead of what you can do.
May 14, 2020 transportation secretary elaine chao said the rule changes dont increase driving time and prevent the driving of more than eight consecutive hours without a 30 minute break. Fleets have the option to choose between these two variants. Oct 29, 20 the federal motor carrier safety administration issued a final rule this week that officially provides an exemption of the 30 minute break requirement of the current hours of service rule to short. Under the previous rule, property carrying drivers were required to take a 30 minute break after 8 hours. Employees who work more than ten 10 hours in a day are entitled to a second 30 minute meal break. Jun 09, 2020 under the current rule, a 30 minute rest break is required in order to drive a cmv after going 8 consecutive hours without a break. This educational tool for hours of service ethos is for educational purposes only and is designed to assist motor carriers in understanding the hours of service rules in 49 cfr part 395. These 8 hours include driving and all other breaks of less than 30 minutes. This is another example of the limit on consecutive hours of driving and necessary rest breaks.
When that rule takes effect, you ll only be able to drive if you ve taken a minimum 30 minute rest period in the previous eight hours. The fmcsa has issued a clarification on the new hos 30minute. Allowing the option for splitting up required 10 hour offduty rest break for drivers operating a truck with a sleeperberth compartment. Hoursofservice final rule adds flexibility to truck. Jun 12, 2019 in what could foreshadow the 30 minute rule, the fmcsa in december preempted californias rule calling for a meal break after five hours plus a 15 minute rest break after four hours. Starting july 1, 20, you ll also need to factor in a mandatory 30 minute rest break into the equation when you ve reached eight consecutive hours of onduty. The fmcsa has recently revised the hos regulations to add flexibility to the rules and simplify fleet management. Before the office of the secretary of transportation u. How do the hours a driver worked under the emergency exemption impact the 6070hour rule when the driver goes back to normal operations. The requirement for propertycarrying drivers is applicable in situations where a driver has driven for a period of 8 hours without at least a 30 minute interruption. Jul 27, 2018 you now have up until 8 hours to drive before you have to take a 30 minute break, if you want to keep driving.
On december 27, 2011, fmcsa introduced a new provision the 30 minute break rule that requires cmv drivers to take a mandatory 30 minute break after 8 hours of being on duty. Property and passenger carriers using the shorthaul exception in 395. These changes will become effective 120 days after the final rule was published in the federal register. Fmcsa does not enforce the 30 minute rest break provision 49 cfr. Jun 27, 2019 revision of the 30 minute break rule at the 8 hour driving mark. According to the fmcsas 30minute break rule, a driver has a window of 8 hours to drive after their last offduty period of at least 30 minutes. The 30 minute break requirement can now be satisfied by an onduty, not driving. 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 offduty or sleeperberth period of that length or longer to take the break. The meal break must be provided within the first 5 hours of the workday. Feb 19, 2014 shorthaul propertycarrying cmv drivers are not required to take the mandatory 30 minute break within eight hours of starting work. Fmcsa20180248 advanced notice of proposed rulemaking request for public comment. Frequently asked questions related to the fmcsa emergency.
Drivers must be off duty andor in a sleeper berth for their breaks. The dot 60hour rule limits working time to 60 hours in 7 days. Department of transportation federal motor carrier safety administration docket no. They will have to take a break of 30 consecutive minutes. After this break is over, the dot 8hour rule states that you can only work for another 8 hours before stopping to take another break. Fmcsa officially amends hours rule to remove break. Operators of commercial motor vehicles containing division 1. Additional 30 minute meal periods must be given within five hours from the end of the first meal period and for each additional five hours worked. Revisions to the 30 minute break rule for truck drivers, to require drivers to stop driving once they have accumulated eight hours of driving. The federal motor carrier safety administration fmcsa announced four significant changes to the hoursofservice rules for interstate truck and bus drivers in an ontherecord conference call on may 14, 2020. Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy 49 cfr 395. May 14, 2020 the rule changes do not increase driving time and will continue to prevent cmv operators from driving for more than eight consecutive hours without at least a 30 minute break.
Mar 19, 2020 is a driver required to take a 30 minute break. Does a truck driver need a 30minute break every 8 hours of driving. Fmcsa does not enforce the 30minute rest break provision 49 cfr. Short haul exemption learn how to stay hos compliant. Drivers exceeding the distance or time limits that qualify them as short haul drivers, however, are subject to complying with the break requirement. Department of transportation us government publishing office. The 2020 government funding bill bars the department of transportation dot from removing the 30 minute break rule from the current hos. By guidance effective august 2, 20, fmcsa has declared that it would no longer enforce the break rule against any driver that qualifies for either of the shorthaul operation exceptions in 49 cfr 395. In the old rule, once a driver went onduty in a day, the driver had to take a 30minute break by the 8 th hour before being allowed to drive again. Drivers may drive a cmv only if 8 hours or less have passed since the end of the drivers last offduty or sleeperberth period of at least 30 minutes. I dont see this requirement clocking the driver out in the actual regulations just that the driver must be off duty. Satisfy the 30 minute break rule by using onduty, not driving status, rather than offduty status. The fmcsa is a division of the united states department of transportation dot.
House passes bill barring the dot from eliminating 30. These rules allowed for 10 hours of driving and 8 hours of rest wi. To be counted as a valid break for compliance with the 8hour 30 minute rule, the 30 minute period may be spent logged off duty in a sleeper berth, or on dutynot. Driving after 10 hour driving limit passenger carrying vehicle 1012020. The fmcsa does not enforce the 30 minute offduty break for any driver who qualifies for the shorthaul operations exceptions and a select few others. The fmcsa has introduced several hours of service rules and regulations hos rules to ensure safety and minimize driving accidents. Fmcsa releases final rule on hours of service land. Americas truckers are doing a heroic job keeping our supply chains open during this unprecedented time, and these rules will provide them greater flexibility to.
Drivers who already take shorter breaks during the work day could comply with the rule by taking one of the shorter breaks and extending. A driver cannot drive after any 8hour period onduty, until he or she takes the required 30 minute offduty break. This balance constitutes the 8hour rule for truck drivers. A beginners guide to understanding hours of service rules.
Regulatory guidance on hours of service of drivers rest break. Revisions to the 30 minute break rule for truck drivers, to require drivers to stop driving once they have accumulated eight hours of driving without a break in driving of at least 30 minutes the break can be offduty or onduty time. Moreover, the 30 minutes in the break must be consecutive. Drivers may not drive after 6070 hours on duty in 78 consecutive days. Operators can restart a 78 consecutive day period after taking 34 or more consecutive, offduty hours. Mar 17, 2017 there are limited exceptions to the fmcsa 30 minute break rule, such as short haul drivers. The problems with the 30 minute break do not involve the actual rule but rather result from how drivers understand and follow the rule.
Drop, hook, fuel and get paperwork can kill 30 minutes on duty fairly easily and your good to go, but, od is not gonna recognize this and still require. Sep 10, 2020 after all the waiting they finally approve the revised hos rule on the 30 minute off duty break to now it can be satisfied with 30 consecutive on duty not driving time effective 929 i believe. As written, the rules require that all truck and bus drivers must be relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo during the 30 minute break period. A driver of a readymixed concrete delivery vehicle subject to the requirement for a 30 minute rest break in 395. Oct 17, 2016 drivers cant continue driving after 8 hours without taking a 30 minute break. Federal motor carrier safety administration fmcsa, dot.
A variant of the 70hour rule for truck drivers works similarly. The 30 minute break rule states that drivers cannot log driving time if 8 hours have passed since the last offduty period of 30 consecutive minutes. Updated hos 30minute break enforcement policy for short. Furthermore, by crafting and enforcing a rigid rule that doesnt account for. Jun 04, 2020 to increase flexibility, the final rule makes four changes.
Eld educational tool for hours of service transportation. Transportation secretary elaine chao said the final rule exhibited that the administration had listened to the calls from. The fmcsa has issued a clarification on the new hos 30. Jun 09, 2020 before using the new rule, however, drivers must understand how and when it applies and how to implement it properly. Hours of service hos regulations are issued by the federal motor carrier safety. Under the current rule, a 30 minute rest break is required in order to drive a cmv after going 8 consecutive hours without a break. It means you cant take two breaks of, say, 10 minutes and 20 minutes and count it as a 30 minute break. May 14, 2020 it would change the requirement that drivers take a 30 minute rest period within the first eight hours of coming on duty, allowing them instead to take a break after eight consecutive hours of. Mar 10, 2020 the 30 minute break no driving is allowed after any 8hour onduty period until a driver has taken the mandatory 30 minute offduty break. The rules prohibit more driving for someone who has driven for 8 hours without having at least 30 consecutive minutes away from driving. After 10 hours off duty, the driver of a propertycarrying vehicle may drive for up to 11 hours within a 14hour window of time, must take a 30 minute interruption in driving before doing more than 8 hours of driving, and must stop driving after accumulating 60 or 70 onduty hours in 7 or 8 days.
There has been some confusion among truck drivers about 30 minute rest breaks when they cease to use the short haul trucking exemption midrun. Drivers may not drive if 8 hours have passed since the last offduty period of at least 30 consecutive minutes. Preventing 30minute break violations in an eld world. The break may be satisfied by any nondriving period of 30 consecutive minutes i. Two categories of drivers are exempt from the 30minute break. Operators can perform nondriving tasks after 8 hours without a break, but cannot drive. These rules allowed for 10 hours of driving and 8 hours of rest within a.
The 30minute break is often misunderstood by truckers. 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. Among the five key changes proposed are how drivers could use the 30 minute rest break rule and the ability to split the 10hour required offduty time into two periods. Nov 25, 2014 the current 20 hours of service rule states drivers must take a 30 minute break within the first eight hours of driving. And dot could care less when you take it, as long as you play by the rules. Sep 28, 2020 30minute driving break drivers must take a 30minute break when they have driven for a period of 8 cumulative hours without at least a 30minute interruption. Driving after 10 hour driving limit passenger carrying vehicle submit feedback u. Enforcement policy court decision on the 30minute rest break. No, none of the hours of service regulations apply while the driver is engaged with providing direct assistance under the emergency relief exemption.
1110 768 117 692 980 351 645 31 617 1055 849 550 614 1093 110 311 625 802 617 977 410 676 716 187 223 887 1099 880 811 837 7 651 695 1446 773 368