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September-October 2020

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32 PalletCentral • September-October 2020 palletcentral.com to 13 hours within a 16-hour driving window (property) or can drive 12 hours within a 17-hour on-duty period (passenger). The final rule also redefined what constitutes "adverse driving conditions." The new test covers snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not reasonably be known, to: (1) a driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or (2) a motor carrier immediately prior to dispatching the driver. The old test required that none of the conditions could have been apparent on the basis of information known to the dispatcher at the time the run started. FMCSA stresses in guidance that the exception cannot be used to cover delays caused by detention time, breakdowns or enforcement inspections, nor does it apply to loading/unloading activities. For road construction-related delays, the adverse conditions exception only applies where the driver could not have known of the construction delays before they started driving. 30-Minute Break Requirement The 30-minute break requirement can be satisfied now by an on-duty non-driving break (in addition to an off-duty break). The requirement for property- carrying drivers is applicable in situations where a driver has driven for a period of 8 hours without at least a 30-minute interruption. In the past, a driver had to satisfy the 30-minute break by spending time off-duty or in a sleeper berth. Under the revised regulation, the 30-minute break includes time either For road construction-related delays, the adverse conditions exception only applies where the driver could not have known of the construction delays before they started driving.

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