FMCSA Clarifies HOS Rule’s Shorthaul Exemption

Truck drivers do not have to take a 30-minute break under federal hours-of-service rules if they meet either of the definitions of a “shorthaul” driver, the Federal Motor Carrier Safety Administration announced.

A U.S. Court of Appeals decision issued Aug. 2 kept most of FMCSA’s HOS rule in place, but said shorthaul drivers were exempt from its rest-break portion. FMCSA said that drivers will be exempt if they meet either of the two shorthaul criteria the agency uses.

The first applies to any truck driver who stays within a 100 air-mile radius of a home terminal, while the second applies to the driver of a truck that does not require a commercial driver license who stays within a 150 air-mile radius of a terminal.

Trucks with gross vehicle weight ratings of between 10,000 pounds and 26,000 pounds require drivers to adhere to HOS rules, but not to carry CDLs.

“The agency will immediately cease enforcement of the 30-minute rest break provision of the HOS rule against shorthaul operations,” FMCSA said in its policy notice Wednesday.

Click here to read FMCSA’s ruling. (FMCSA website; 1-page PDF.)

Although the court’s decision does not take effect until Sept. 23, the agency said its shorthaul policy took effect on Friday, the day of the court’s ruling. FMCSA has directed state law enforcement officers to follow the new policy guidance immediately.

American Trucking Associations, which had been a party to the HOS court suit, said it was pleased with the shorthaul rule clarification.

FMCSA has “taken a reasonable enforcement approach concerning the rest-break provision for both types of shorthaul drivers as the agency drafts a revised rule to comply with the court,” ATA President Bill Graves said.

“While the court left much of the [HOS] rule unchanged, FMCSA’s clarification on this provision provides important flexibility for shorthaul drivers and the fleets that employ them,” Graves said in a statement.