The final rule for the long-awaited hours of service reform was published this month – bringing with it the answers drivers and motor carriers have been wondering since the proposal was published last fall: what hours of service changes can drivers expect? And how much flexibility will they really have?
The final rule, which goes into effect later this year, provides changes in a few key areas: split-sleeper berth hours, the 30-minute rest break, the adverse driving conditions exemption and the short-haul exemption. Specifically, drivers can expect greater flexibility in splitting up their sleeper berth hours – with a new option to split their 10 hour off-duty period into either a 7/3 hour split or 8/2 hour split. In either case, the shorter timeframe won’t count against the driver’s on-duty clock.
For the 30-minute rest break requirement, drivers will have the ability to take their required break after eight hours of driving time – instead of within 8 hours of going on duty. Under adverse driving conditions, drivers will also be given two extra hours of driving time.
What else is going on in the FMCSA? Here’s a current rundown of pending regulations:
Proposed FMCSA Rules
| FMCSA Rule |
Summary |
Status |
| Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border |
The international agreement would change regulations that govern applications and would require additional information on the applicant’s business and operating practices. |
Undetermined. Delays attributed to unanticipated issues requiring further analysis. |
| MAP-21 Enhancements and Other Updates to the Unified Registration System |
Would implement several provisions of MAP-21 as they relate to the Unified Registration System. Would update and codify the agency’s procedures for granting, suspending, and revoking registration. The intent is to allow for greater uniformity, transparency, efficiency and predictability in those processes, according to the FMCSA. |
Undetermined. An NPRM was published on September 20, with comments accepted through November 22. |
| Consumer Complaint Information |
Would require carriers of household goods to submit quarterly reports of complaints received. |
Undetermined. Delays attributed to lack of resources and lack of staffing. |
| Financial Responsibility for Motor Carriers, Freight Forwarders, and Brokers |
Would increase minimum insurance requirements for freight and passenger motor carriers. |
ANPRM. The FMCSA accepted comments through last fall on several key regulatory issues related to this rule. |
| New Entrant Safety Assurance Process |
Would improve methods to ensure new applicant carriers are knowledgeable about safety requirements. |
Undetermined. Delays attributed to additional coordination needs. |
| Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States |
This international agreement would implement a system to evaluate the safety fitness of Mexico-domiciled carriers within 18 months of being granted authority to operate in the U.S. Would also establish suspension and revocation procedures. |
Undetermined. Delays attributed to unanticipated issues requiring further analysis. |
| Heavy Vehicle Speed Limiters |
This rule would require the installation of speed limiting devices on heavy trucks. |
NPRM was published on 9/7/16 and ended on 11/7/16. |
| Amendments to Motor Carrier Safety Assistance Program |
Proposes amendments to address changes in the Agency’s grant programs resulting from Fixing America’s Surface Transportation (FAST) Act. |
NPRM. This rule has seen delays because it’s awaiting the development of additional data. |
| Safe Integration of Automated Driving Systems-Equipped Commercial Motor Vehicles |
The FMCSA has requested public comment about the current Federal Motor Carrier Safety Regulations (FMCSRs) and whether they’ll need to be updated, modified or eliminated to make the safe introduction of automated driving systems on our nation’s roadways easier. |
ANPRM was published in late May with comments accepted through the end of August. |
| Hours of Service of Drivers of Commercial Motor Vehicles; Transportation of Agricultural Commodities |
In an effort to create a clearer definition of the term “Agricultural commodity,” the FMCSA is seeking public comment and data on the issue. |
ANPRM. Comments were open through September 27. |
| Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of CDL |
The FMCSA is proposing that all State Driver’s Licensing Agencies remove commercial driving privileges from anyone who violates the current drug or alcohol regulations. Privileges would not be reinstated until the return-to-duty process is complete. |
NPRM. No further information is available. |
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