SC&RA Submits HOS Comments to FMCSA

- SC&RA submitted its official comments to the Federal Motor Carrier Safety Administration last week 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 including the following Agency proposals:
  • Increase safety and flexibility for the 30-minute break rule by tying the break requirement to eight hours of driving time without an interruption for at least 30 minutes and allowing the break to be satisfied by a driver using on duty, not driving status, rather than off duty.  SC&RA recommended that the 30-minute break rule be abolished.
  • 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. SC&RA recommended a split in hours of 5/5, or 6/4 and has provided additional evidence in support.
  • Extend by two hours the duty time for drivers encountering adverse weather. SC&RA supported.
  • Extend the short haul exemption by lengthening the drivers’ maxim on-duty period from 12 to 14 hours and increase the distance limit in which drivers can operate from 100 to 150 air miles. SC&RA supported.
To date, the agency has received more than 2,600 written public comments on the proposed changes to its hours-of-service rules. Now it must sift through the comments and make a final rule which could take months.

“Many thanks to SC&RA members who submitted comments, the Transportation Safety Committee who collected and commented, and Fred Marcinak, Moseley Marcinak Law Group, who helped craft the response,” said SC&RA Vice President of Transportation Steven Todd. “SC&RA remains committed to representing the unique interests of specialized transportation against the sometimes-competing elements of other trucking segments,” he added.

For more information, contact Steven Todd.

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