The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) on Aug. 14 published a series of proposed reforms to the hours of service (HOS) requirements for commercial truck drivers, which the agency said will “provide greater flexibility for drivers subject to the HOS rules without adversely affecting safety.”
The proposal lists five key changes. First, FMCSA proposes to change the short-haul exception to the record off-duty status (RODS) requirement available to certain commercial motor vehicle (CMV) 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 (115.08 statute miles) to 150 air miles (172.6 statute miles).
Second, the agency proposes to modify the adverse driving conditions exception by extending by two hours the maximum window during which driving is permitted. Third, the Agency proposes to increase flexibility for the 30-minute break rule by requiring a break after eight hours of driving time (instead of on-duty time), and allowing the requirement to be satisfied by an on-duty break from driving rather than requiring an off-duty break.
Fourth, the agency proposes 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.
Fifth, FMCSA 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 proposed rule would not result in any new costs for regulated entities,” FMCSA said. “Instead, the proposed rule would result in increased flexibility for drivers and a quantified reduction in costs for motor carriers.” FMCSA cited estimates that the HOS changes will save American consumers and the U.S. economy an estimated $274 million while improving safety.
The Agricultural Retailers Association (ARA) issued a statement in support of the changes. “These reforms, including the short haul exemption expansion for CDL drivers to 150 air miles and the expansion of duty hours from 12 to 14 hours, will provide necessary flexibility for ARA members to meet the needs of their customers without adversely impacting transportation safety,” said ARA Senior Vice President of Public Policy and Counsel Richard Gupton.
A 45-day public comment period is now in effect, and FMCSA is encouraging stakeholder to review and comment on the proposal.