Regulatory Updates – October 25, 2013

Update on Relevant Regulations:

FMCSA Amends HOS Rules to Comply with Court Ruling

On Monday, the Federal Motor Carrier Safety Administration (FMCSA) will publish a Final Rule in the Federal Register, making changes to the current hours of service (HOS) regulations to comply with the ruling from the U.S. Court of Appeals for the District of Columbia Circuit earlier this year. While the ruling upheld most of the agency’s HOS rules, the Court did vacate the rest-break requirement as it applies to short-haul drivers. The Final Rule provides an exception from the 30-minute rest break requirement for short-haul drivers who are not required to prepare records of duty status. The exception applies to:

  • All drivers (whether they hold a CDL or not) who operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of § 395.1(e)(1).
  • All non-CDL drivers who operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of § 395.1(e)(2).

The Final Rule will be effective October 28.

FMCSA Issues HOS Exemption for DOD Employees

On Monday, FMCSA will publish a two-year exemption for the Department of Defense’s Military Surface-Deployment and Distribution Command (SDDC). The exemption allows their contract drivers to use 30 minutes or more of attendance time to meet the HOS rest break requirements, provided they do not perform any other work during the break. The exemption is effective from October 22, 2013 through October 21, 2015.

FMCSA Issues Corrections to URS Rule

On October 23, FMCSA issued a Final Rule making a series of small technical corrections to the Final Rule on the Unified Registration System (URS) published earlier this year. The changes were effective October 23.

FMCSA Announces UCR Board Meeting

On October 21, FMCSA announced that the Unified Carrier Registration Plan Board of Directors will hold a meeting on October 31. At the meeting, which will be open to the public via conference call, the Board will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement.