FMCSA will not enforce 30 minute rest provision against short haul drivers

The Federal Motor Carrier Safety Administration (FMCSA) announced this week that consistent with the August 2, 2013 U.S. Court of Appeals decision, it will immediately cease enforcement of the 30 minute rest break provision against short haul drivers. While the court decision does not take effect until 52 days or more after the decision, the FMCSA will not wait to cease enforcement.

This means that all drivers (with or without commercial drivers licenses or CDLs) operating within 100 air miles of their workplace and who satisfy the requirement of 49 CFR 395.1(e)(1) are not required to take a 30 minute break after 8 hours driving. This is also true for non-CDL drivers who operate within 150 air miles of their workplace and who satisfy the requirements of 49 CFR 395.1(e)(2).

The FMCSA will initiate rulemaking consistent with the non-enforcement stance. I take this to mean that the FMCSA will not be appealing the recent court decision; certainly not with regard to the issue surrounding short haul drivers.

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