Source: Tom Johnston, MEATINGPLACE, 8/16/19



The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemakingon changes to hours-of-service rules for commercial motor vehicle drivers and is asking for public comment.  

“This proposed rule seeks to enhance safety by giving America’s commercial drivers more flexibility while maintaining the safety limits on driving time,” U.S. Transportation Secretary Elaine L. Chao said in a news release.

The proposed changes come almost a year after FMCSA issued an advance notice of the proposed rulemaking and received more than 5,200 public comments.

Among agricultural groups to weigh in were the National Pork Producers Council (NPPC) and the National Cattlemen’s Beef Association (NCBA). Current hours-of-service rules that restrict driving time for long-haul drivers often run counter to the need for livestock haulers to get live animals to their destination within a specific timeframe. Once drivers reach the limit, they must wait 10 hours before driving again.

One of FMSCA’s five key proposed changes partially addresses one of NPPC’s concerns with regard to the sleeper-berth exception. The agency is proposing to modify the sleeper-berth exception to allow drivers to split their required 10 hours off duty into two periods —one period of at least seven consecutive hours in the sleeper berth and the other period of not less than two consecutive hours, either off duty or in the sleeper berth. Neither period would count against the driver’s 14-hour driving window. NPPC was seeking three separate periods, provided that at least one is a minimum of six hours.

Another one of the five key proposed changes partially addresses a concern NCBA mentioned in its petition around maximum on-duty periods. The agency proposes a change to the short-haul exception available to certain commercial drivers by lengthening the drivers’ maximum on-duty period from 12 to 14 hours and extending the distance limit within which the driver may operate from 100 air miles to 150 air miles. NCBA is seeking 15 hours beginning outside of 150 air miles.

Three other key changes are as follows:
• The Agency proposes to increase safety and flexibility for the 30 minute break rule by tying the break requirement to eight hours of driving time without an interruption for at least 30 minutes, and allowing the break to be satisfied by a driver using on duty, not driving status, rather than off duty. 
• The Agency proposes to allow one off-duty break of at least 30 minutes, but not more than three hours, that would pause a truck driver’s 14-hour driving window, provided the driver takes 10 consecutive hours off-duty at the end of the work shift.
• The Agency proposes to modify the adverse driving conditions exception by extending by two hours the maximum window during which driving is permitted.

The public comment period will be open for 45 days.

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