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PalletCentral • September-October 2020
palletcentral.com
OSHA
By Adele L. Abrams, Esq., CMSP
O
n June 1, 2020, the
Federal Motor Carrier
Safety Administration
(FMCSA) published a
final rule modifying the
"Hours of Service" (HOS)
regulations applicable to
commercial motor vehicle
drivers (CMV or CDL
drivers). The rule becomes
effective on September 29, 2020, and relaxes certain
requirements. Until the effective date, the older and
stricter rules must be followed. FMCSA, part of
the U.S. Department of Transportation (DOT), has
published the rule and some guidance on its website:
https://www.fmcsa.dot.gov/regulations/hours-of-
service. Specific guidance can be obtained via email
at hoursofservice@dot.gov.
Four Key Changes
There are four key changes made to existing
rules, designed to give commercial drivers greater
flexibility while maintaining safety standards on the
road. DOT estimates that the revisions will provide
nearly $274 million in annualized cost savings to
the U.S. economy. The final rule was developed
via notice-and-comment rulemaking and so is
binding on the regulated community, unlike agency
guidance (which can be modified or withdrawn at
any time).
The rulemaking was controversial, and the
agency received nearly 8,000 comments from
the public during the promulgation period. The
HOS regulations being modified are codified at
49 CFR Part 395, which prescribes driving limits
for commercial drivers.
The four areas affected by the HOS final rule,
explained in detail below, are:
• Short-Haul Exception,
• Adverse Driving Conditions Exception,
• 30-Minute Break Requirements, and
• Sleeper Berth Provision.
Short-Haul Exception
The FMCSA short-haul exception previously had
a maximum allowable workday of 12 hours. That
has been expanded to 14 hours. The distance that
the short-haul driver may operate has been extended
FMCSA hours of
service rule changes
take effect.
Drive
