FMCSA Publishes Proposed Rule Changes for HOS
On August 14th, the FMCSA published their long-awaited proposed rule changes to the Hours of Service (HOS) regulations. They have proposed five new rule changes that will have all industries celebrating, while ELD providers may be scrambling to update their programs.
Five New Rule Changes
- Operating in Adverse Driving Conditions
Drivers will be allowed to operate for an extra 2 hours under adverse driving conditions, as described in 395.2. Adverse driving conditions include snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent based on the information known to the dispatcher at the start of the run. - Short Haul Exemption (SHE)
SHE drivers would now have 14 hours to return to their initial reporting locations. Drivers operating CDL vehicles will be allowed an extra 2 hours of on-duty time in their day and remain short-haul exempt. The SHE regulation change allows all drivers to travel within 150 air miles (172.6 statute miles) and remain exempt, equalizing non-CDL CMV drivers and CDL drivers for this exemption. - Flexibility for the 30-Minute Break Rule
The new rule requires a break after 8 hours of driving time (instead of on-duty time) and allows the requirement to be satisfied by an on-duty break from driving rather than requiring an off-duty break. - Pausing the 14-Hour Time Clock
Drivers could pause their 14-hour time clock by taking a minimum 30-minute and a maximum 3-hour off-duty break, provided the driver takes a full 10-hour break at the end of their work shift. - Modifying the Sleeper-Berth Exception
This change allows drivers to split their required 10 hours off duty into two periods: one period of at least 7 consecutive hours in the sleeper berth and another period of not less than 2 consecutive hours, either off duty or in the sleeper berth. Neither period would count against the driver’s 14-hour driving window.
These proposed rule changes are much needed, as the HOS regulations have only been tightened, making it harder for companies of all sizes to function.
Economic Impact
The FMCSA states that this particular regulation overhaul will pump approximately $217 million back into the economy annually! This equates to over $127.00 per driver annually.
Call to Action
Now is the time to make a comment. Don’t wait till the last minute to read this 129-page proposed rulemaking. Everyone will have a total of 45 days to make comments as of 8/14/2019. If you have any questions about this rule or others, please reach out to us at info@eclipse-dot.com.
Comments on this notice must be received on or before [INSERT DATE 45 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: You may submit comments identified by Docket Number FMCSA-2018-0248 using any of the following methods:
- Federal eRulemaking Portal: regulations.gov. Follow the online instructions for submitting comments.
- Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001.
- Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE, Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
- Fax: (202) 493-2251. To avoid duplication, please use only one of these four methods.
See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments.
For further information, contact:
- Mr. Richard Clemente, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001, by telephone at (202) 366-4325, or email at MCPSD@dot.gov.
- For questions about viewing or submitting material to the docket, contact Docket Services by telephone at (202) 366-9826.
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