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Hour-of-Service Rule to be Amended?                   

Arkansas Representative John Boozman (R) has offered amendments to the new federal Highway Authorization bill which would significantly change the new Hours-of-Service regulations.

Boozman's has added the following amendment which would change 49 CFR, 395:

  1. Property Carrying Drivers. "The exemption provided to property-carrying drivers under section 395.1(o) of title 49, Code of Federal Regulations, is modified to prohibit a driver from taking the exemption more than twice within any 7 consecutive days, except when the driver has begun a new 7 or 8 consecutive day period with the beginning of any off-duty period of 34 or more hours as allowed by section 395.3(c) of such title."

395.1(o) is the exemption for short-haul drivers and allows up to 16 hours on-duty instead of the 14 hours allowed to other commercial drivers.

Basically, under the current rules a driver can only use this exemption once in a seven day period. Under the amendment, if passed, a driver could use the exemption twice in a seven day period

  1. Breaks During Daily Tour of Duty. "Operators of commercial vehicles shall not be required to include meal or other rest breaks taken after coming on-duty following 10 consecutive hours off-duty, if such breaks do not exceed 2 hours in total, in calculating compliance with the 14 hour limit in section 395.3 (a)(2) of title 49, Code of Federal Regulations."

Under the current HOS regulations all time; driving, on-duty not driving, off-duty and non-qualified sleeper berth less than 2 hours counts to the maximum 14 hour on-duty rule. Under the amendment, if passed, drivers could take a maximum of 2 hours during the duty period to eat, rest and attend to personal business without this time counting towards their 14 hour limit.

The Highway Reauthorization bill, along with these amendments, is scheduled to go before the House-Senate conference committee for final negotiations. Whether Rep Boozman's amendments will make it through the conference committee is uncertain. However, it will be interesting to watch.

 


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