Limited 90-Day Waiver From the 30-Minute Rest Break Requirement for the Transportation of Livestock
FMCSA grants a limited 90-day waiver from the 30-minute rest break provision of the Federal hours-of- service (HOS) regulations for the transportation of livestock. Several associations representing various segments of the livestock industry raised concerns about the risks to the health of animals from rising temperatures inside livestock trucks during drivers’ mandatory 30-minute break, especially in light of long-range weather forecasts for above-normal temperatures for July, August and September 2013. The waiver is effective July 11, 2013. The waiver expires on October 9, 2013.
Terms and Conditions of the Waiver — For drivers transporting livestock as defined as ‘‘cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg- producing poultry), fish used for food, and other animals designated by the Secretary of Agriculture. The waiver is further limited to motor carriers that have a ‘‘satisfactory’’ safety rating or are ‘‘unrated;’’ motor carriers with ‘‘conditional’’ or ‘‘unsatisfactory’’ safety ratings are prohibited from utilizing this waiver. In this case Safety Ratings would be assigned by FMCSA and visible on the carriers FMCSA carrier profile(confirmed with FMCSA this afternoon). For complete details, please see attached Federal Register Notice.
FMCSA Regulatory Guidance Concerning Off-Duty Time
Today, FMCSA revised its regulatory guidance concerning the conditions that must be met in order for a commercial motor vehicle (CMV) driver to record meal and other routine stops made during a work shift as off- duty time. FMCSA reviewed its previous guidance and determined that it included language that was overly restrictive and inconsistent with the hours-of-service regulations and has the effect of discouraging drivers from taking breaks during the work day, or documenting such breaks in their logbooks. Summary below and full details in attached Federal Register Notice.
Revised Guidance — Question 2: What conditions must be met for a commercial motor vehicle (CMV) driver to record meal and other routine stops made during a work shift as off-duty time?
Guidance: Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy 49 CFR 395.3(a)(3)(ii), as off-duty time provided: 1. The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying. 2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing. Through the revision of the regulatory guidance, FMCSA makes clear that the motor carrier need not provide formal guidance, either verbal or written, to drivers with regard to the specific times and locations where rest break may be taken. The revised guidance also emphasizes that periods of time during which the driver is free to stop working, and engage in activities of his/her choosing, may be recorded as off-duty time, irrespective of whether the driver has the means or opportunity to leave a particular facility or location. All previously issued guidance on this matter should be disregarded if inconsistent with today’s notice.
If you have any question on the new HOS rules feel free to contact us
photo credit: tricky (rick harrison) via photopin cc
photo credit: tjdewey via photopin cc
Leave A Comment
You must be logged in to post a comment.