Following an ATA meeting with Administrator Ferro on Tuesday, August 6, FMCSA released a new enforcement policy clarifying that, effective August 2, 2013, the hours of service 30-minute rest break requirement does NOT apply to either of the two categories of short haul drivers. The recent U.S. Court of Appeals decision which vacated the rest break requirements for short-haul drivers created some confusion by only speaking specifically to one of the two categories of short haul drivers – non-CDL holders who operate within a 150 mile radius of their work reporting location.
FMCSA’s new enforcement policy states that the Agency and its state enforcement partners will immediately cease enforcement of the 30-minute rest break provision of the HOS rule against all short-haul operations. This includes the aforementioned non-CDL holders using the exemption under 395.1(e)(2) AND drivers of any CMV (both CDL and non-CDL) operating within a 100 air-mile radius and using the exemption under or 395.1(e)(1). Also, FMCSA will be initiating a rulemaking to include text in the HOS regulations specifically noting that the 30-minute break provisions do not apply to short haul drivers.