FMCSA Formally Exempts Shorthaul, Munitions Drivers from Rest-Breaks Requirement

The Federal Motor Carrier Safety Administration has formally amended its 2011 hours of service rule to exempt shorthaul and munitions drivers from taking a 30-minute rest break after eight hours of driving.

Specifically, the agency said on Oct. 25 that the exemption pertains to all short-haul drivers, whether they hold a commercial driver’s license or not, who operate within 100 miles of their duty location, and all drivers who operate within 150 miles of their normal work reporting location and drive trucks that do not require commercial driver licenses.

On Oct. 28, the FMCSA followed with a rule granting the U.S. Department of Defense Military Surface Deployment and Distribution Command a rest break exemption for drivers of DOD contract motor carriers in the transportation of weapons, munitions and sensitive/classified cargo.

The exempted drivers are allowed 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 shorthaul exemption provision was amended in response to an Aug. 2 ruling by the United States Court of Appeals for the District of Columbia Circuit upholding most of the hours rule, but holding that short-haul drivers should not have to take the break.

“SDDC states that it requires continuous attendance and surveillance of such shipments until they reach their final destination,” FMCSA said. "It has instituted several technical and administrative controls to ensure the efficient transportation of cargo requiring protective services, controls that would remain in effect under the requested exemption.”

The hours of service rule took effect on July 1.