2019 Advocacy Victory

Defending 30-Minute Rest Break & Flexibility on Sleeper Berth Proposal

SC&RA Submits Comments to FMCSA

The Federal Motor Carrier Safety Administration published a notice of proposed rulemaking on changes to hours of service (HOS) rules to update existing regulations for commercial motor vehicle drivers. FMCSA’s proposed rule would not increase driving time and would continue to prevent CMV operators from driving for more than eight consecutive hours without at least a 30-minute change in duty status. SC&RA stated the proposal came up short of expectations, and that the Association would continue to fight for the industry’s two unique exemptions to the 30-minute rest break provision which are:

• Mobile cranes over 30 tons: FMCSA renewed SC&RA’s exemption from the 30-minute rest break rule of the Agency’s hours-of service (HOS) regulations for drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons. The exemption renewal is for five years, November 1, 2018 through November 31, 2023.
  
  
• Oversize/Overweight Motor Carriers: FMCSA 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 permit in the U.S. through June 18, 2020.

SC&RA will continue advocate for more flexibility on the split sleeper berth proposal, as that uniquely affects our industry, which is already severely limited by permit curfew policies from state to state.

SC&RA submitted its official comments to the FMCSA on changes to hours of service (HOS) rules. In 2018, FMCSA authored an Advanced Notice of Proposed Rulemaking to receive public comment on portions of the HOS rules. Based on the detailed public comments, FMCSA proposed key revisions to the existing HOS rules. SC&RA has commented on multiple revisions. To date, the agency has received more than 2,600 written public comments on the proposed changes.