FMCSA extends SC&RA's limited exemption from HOS rest break requirement
(March 10, 2016)
- The Federal Motor Carrier Safety Administration (FMCSA) has extended SC&RA’s limited hours-of-service (HOS) exemption from the 30-minute rest break provision for motor carriers operating under any oversize/overweight (OS/OW) permit in the U.S. through June 18, 2020. The exemption originally was effective June 18, 2015 and was set to expire on June 18, 2017.
In the original request, SC&RA noted the exemption was needed because of the widely varying regulations for OS/OW permits "within the fifty states, thousands of municipalities, counties, and other government entities." These variations from jurisdiction to jurisdiction frequently involve the duration of the permit, the particular days of the week and the precise hours of the day in which a driver may haul an OS/OW load. SC&RA pointed out that because the hours in which an OS/OW load can travel are restricted by permit requirement, those hours often would conflict with the timing of a required 30-minute rest break.
"The FMCSA will continue to monitor SC&RA member carriers," wrote Larry W. Minor, FMCSA's Associate Administrator for Policy, in a letter received by the Association on Feb. 26. "If the level of safety of these carriers and drivers while exempt from the 30-minute rest break requirement of the HOS rules 49 CFR 395.4(a)(3)(ii) deteriorates, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption."
to download both the original and extension letters from FMCSA, Federal Register Notice, and FAQ, all of which should be carried by driver at all times.