FMCSA Seeks Input on Proposed Rulemaking for HOS Topics

FMCSA Seeks Input on Four HOS Topics.pdf

On August 21, 2018 ( 83 FR 42631) the Federal Motor Carrier Safety Administration (FMCSA) issued an advance notice of proposed rulemaking concerning four areas of Hours of Service.  The introduction of electronic logging devices and their ability to accurately record compliance with hours-of-service (HOS) regulations for drivers of commercial motor vehicles (CMVs) have prompted numerous requests from Congress and the public for FMCSA to consider revising certain HOS provisions.  To address these requests, FMCSA seeks public input in four specific areas in which the Agency is considering changes: 1) The short-haul HOS limit; 2) the HOS exception for adverse driving conditions; 3) the 30-minute rest break provision; and 4) the sleeper berth rule to allow drivers to split their required time in the sleeper berth.  In addition, the Agency seeks public comment on petitions for rulemaking from the Owner-Operator Independent Drivers Association (OOIDA) and TruckerNation.org (TruckerNation).  OOIDA petitioned the Agency to amend the HOS rules to allow drivers to take a rest break once per 14-hour duty period for up to three consecutive hours if the driver is off-duty.  OOIDA's petition also requests that the Agency eliminate the 30-minute rest break requirement which the Agency had identified as an area of consideration for rulemaking.  TruckerNation petitioned the Agency to revise the prohibition against driving after the 14th hour of the beginning of the work shift, allow drivers to use multiple off-duty periods of three hours or longer in lieu of having 10 consecutive hours off-duty, and eliminate the 30-minute rest break requirement.  Comments on this ANPRM must be received on or before September 24, 2018.