Transportation Brief: FMCSA Proposes Revisions to Hours of Service Rules
October 31, 2019
In mid-August, FMCSA released its highly-anticipated hours-of-service Notice of Proposed Rulemaking with the stated goal of enhancing safety by giving commercial drivers more flexibility. The proposal has five main components:
Modifying the existing 30-minute rest break requirement, such that a break would only be required after a driver accumulates 8 hours of drive time, and allowing the break to be satisfied by “on-duty, not driving” time in addition to “off-duty” time.
- Allowing drivers to pause their 14-hour driving window with one off-duty break of between 30 minutes and 3 hours.
- Modifying the adverse driving condition exception by extending the maximum window during which driving is permitted by two hours.
- Lengthening the maximum on-duty period and air-mile radius for the CDL short-haul exemption to 14 hours and 150 air-miles, respectively.
- Broadening the split-sleeper-berth exception to allow drivers to split their required 10-hour off-duty period into two periods of 7 hours and 3 hours (either off-duty or sleeper berth), and counting neither period against the driver’s 14-hour driving window.
The proposal has already garnered thousands of public comments, which FMCSA must review over the coming months before deciding how to proceed. In all likelihood, the proposal will not take final form until sometime in 2020, unless it is further delayed by litigation.
Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
Transportation Brief: AB 5 – Practical Solutions to a Thorny Problem
by Shannon M. Cohen , Gregory M. FearyCompanies and owner-operator businesses are both searching for practical solutions to the problem presented by California Assembly Bill 5 (AB 5). Read more from Scopelitis regarding solutions that are developing as the best options for tackling the practical realities of equipment and professional services that companies face.
Transportation Brief: Bankruptcy Filings on the Rise
by Craig J. Helmreich , Gregory A. OstendorfThe Firm’s transportation bankruptcy practice group has noticed an uptick in bankruptcies impacting transportation service providers. Read more about how careful planning and awareness of the issues can be the best way to minimize exposure when your customers or trade partners file for bankruptcy.
Transportation Brief: Dash Cam Video Retention Policy
by Michael B. LangfordAs the use of dash cam videos becomes more common, it is critical that motor carriers implement a written video evidence retention policy before inevitable litigation occurs. Read more about what video retention policies should include.
Transportation Brief: PHMSA Updating Rules on the Transportation of Lithium Batteries
by Elizabeth M. Bolka , Braden K. CoreThe Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations in an effort to maintain alignment with international standards. Read more about proposed changes.
Transportation Brief: Spotlight on Independent Contractor Legislative Counsel
by Shannon M. Cohen , Gregory M. Feary , Prasad SharmaAs California AB 5 made clear, state-level changes to independent contractor (IC) status can significantly change the business operations of a motor carrier in any given state and can have a domino effect on operations even beyond the borders of that state. Read more about how Scopelitis' IC legislative counsel practice regularly assists clients, state associations, industry associations, and coalitions with monitoring recent legislative activity that could impact IC status.
Transportation Brief: California Takes Aim at Mandatory Arbitration
by Tyler P. Biddle , Braden K. Core , Prasad Sharma , Ryan W. WrightThe Governor of California recently signed into law AB 51. Read more about how the new law impacts transportation businesses and what you should do now that AB 51 is law.
- On the Road
Scopelitis attorneys are often invited to participate in meetings with transportation industry leaders. Learn more about their trips this quarter.
Transportation Industry News & Trends