Issue link: http://palletcentral.uberflip.com/i/1301695
34 PalletCentral • September-October 2020 palletcentral.com Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. She may be reached at www.safety-law.com or 301-595-3520. Under the revised regulation, the 30-minute break includes time either off-duty, in the sleeper berth, or on-duty but not driving. off-duty, in the sleeper berth, or on-duty but not driving. The 30-minute break must be consecutive but can include a combination of these three options. Short, non-consecutive periods cannot be combined to reach the 30 minutes of non-driving time, however. Sleeper Berth Provision This provision allows commercial drivers to split their 10-hour off-duty period in different ways. Options now include splits such as 7/3, 8/2, 7.5/2.5 hours – provided that one off-duty period (whether in or out of the sleeper berth) is at least 2 hours long, and the other involves at least 7 consecutive hours spent in the sleeper berth. The periods must total 10 hours, and when used together, neither time period counts against the maximum 14-hour driving window. The order of the qualifying breaks does not matter, so the 2-hour break can occur before or after the 7+ hour period in the sleeper berth. Previously, only the 8 hours in-berth counted toward the exclusion from the 14-hour driving window, but the other hours were included. The new rule allows the pairings outlined above, but FMCSA notes that an 8-hour sleeper berth period by itself can no longer be excluded from the 14-hour driving window. In addition, it is important to note that the final rule does not change sleeper berth provisions that are unique to drivers of CMVs transporting passengers (49 CFR 395.1(g)(3)). Finally, FMCSA notes that the minimum requirements in its previous Electronic Logging Device final rule did not require ELDs to identify hours of service violations, but some ELD providers added on this feature. If an ELD is not updated to reflect the new HOS rules, the ELD may inaccurately identify hours of service violations. Motor carriers should contact their ELD provider with any questions about their displays.