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FMCSA Monday makes good on exempting short-haul drivers from HOS 30-minute break

Monday’s action marked FMCSA’s formal compliance with an appeals court’s wishes to exempt short-haul drivers from the HOS 30-minute break.

The Trucker Staff

10/29/2013

The Federal Motor Carrier Safety Administration Monday amended its Dec. 27, 2011, final Hours of Service rule to provide an exception from the 30-minute rest break requirement for short-haul drivers who are not required to prepare records-of-duty status (RODS).

As noted in the Federal Register, the agency “also removed regulatory text made obsolete by the passing of the July 1, 2013, compliance date for the final rule. This action responds to a decision of the United States Court of Appeals for the District of Columbia Circuit … .”

On Aug. 8, when the U.S. Court of Appeals for the District of Columbia Circuit upheld, for the most part, FMCSA’s Hours of Service rule, the court disagreed with the part of HOS that said the 30-minute off-duty break requirement should apply across the board to include short-haul truck drivers (those who drive less than 150 air miles from their home terminals).

The court said it would “vacate the rule insofar as it subjects short-haul drivers to the 30-minute off-duty break requirements.”

Monday’s action marked FMCSA’s formal compliance with the court’s wishes.

The Trucker staff can be reached to comment on this article at editor@thetrucker.com.

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