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ATA applauds FMCSA for reasonable rest break guidance

Notably, the court’s ruling doesn’t officially take effect until 52 days after the decision (unless a party files for rehearing), but FMCSA said eliminating both CDL and non-CDL short-haul drivers from the 30-minute break requirement went into effect Aug. 2.

The Trucker News Services

8/7/2013

ARLINGTON, Va.Today, American Trucking Associations applauded the Federal Motor Carrier Safety Administration for clarifying that due to a recent court ruling, both categories of short-haul drivers would not be subject to the 30-minute rest break provision of the new Hours of Service rules.

That includes CDL and non-CDL holders who operate within 100 air miles of their normal work reporting location and non-CDL drivers who operate within a 150 air mile radius of the location where they report for duty.

Those two groups will not be subject to the new 30-minute break requirement.

In its Aug. 2 ruling, the U.S. Court of Appeals for the District of Columbia Circuit vacated the 30-minute break requirement for short-haul drivers, but only referred in its opinion to non-commercial drivers license holders who operate within 150-mile radius of their reporting location.

Notably, the court’s ruling doesn’t officially take effect until 52 days after the decision (unless a party files for rehearing), but FMCSA said eliminating both CDL and non-CDL short-haul drivers from the 30-minute break requirement went into effect Aug. 2.

 “In its first step to implement the court’s recent Hours of Service ruling, Administrator Ferro and FMCSA have taken a reasonable enforcement approach concerning the rest break provision for both types of short-haul drivers as the agency drafts a revised rule to comply with the court,” ATA President and CEO Bill Graves said. “We’re pleased that FMCSA is moving forward to provide swift, reasonable relief to drivers who operate locally.”

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

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