Hours of Service Ruling Challenge – The Verdict is In

THE VERDICT IS IN on the new Hours of Service ruling challenge:A federal court has been hearing a challenge to the changes to the HOS rules enacted by the FMCSA in December 2011.
These include 3 changes that became effective in Feb 2012:
1 – Minor adjustment regarding the oilfield exemptions
2 – Clarification of what constitutes ‘egregious’ violations of HOS
3 – Slight redefinition of what constitutes qualifying 10-hour break
And two changes that became effective in July 2013:
4 – Mandatory 30-minute break during each 8-hour on-duty period
5 – Modification of the 34-hour restart rule

The legal challenges were primarily aimed at rolling back the final two segments of the new rule.

The court’s decision was announced Friday, 2 August.

The FMCSA’s changes were all upheld by the court, with one minor exception: the 30-minute break requirement will NOT apply to local-delivery drivers.

Now, our advice is, don’t immediately start scheduling local drivers for uninterrupted 11-hour on-duty periods.
Today, the 30-minute break is STILL mandatory.
BUT, we expect the agency to move very quickly to put an exemption in part 395 indicating local delivery drivers will not be required to observe the mandatory 30-minute break.

One of the things that remains to be seen is exactly how will the agency define local delivery drivers.

About DOT Compliance Help Inc
Phone: 847-836-6063 web: www.dotcompliancehelp.com e-mail info@dotcompliancehelp.com DOT Compliance Help, Inc. is a full-service consulting firm specializing in the interpretation and execution of the regulations and guidelines set forth by the US Department of Transportation Federal Motor Carrier Safety Administration. •Mission Statement• To assist our clients in establishing proper safety management controls in order to minimize accidents, injuries, and fatalities. The ultimate goals are safer roadways for the public and increased profits for our clients. Our core consulting competencies include FMCSA Assessments (mock audits), DOT compliance training (on-site and via webinar) and custom safety plans and policies. We also hold DOT compliance workshops and conferences all across the country. Utilizing a proprietary curriculum developed by our President, Mike England, our classes cover everything you need to know about the FMCSRs, how to survive your next DOT Compliance Review, and how Comprehensive safety Analysis (CSA 2010) will affect you. www.dotcompliancehelp.com

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