DOT hours-of-service: Comment extension

The Commercial Vehicle Safety Alliance (CVSA) wants more time to collect and analyze comments on the FMCSA’s proposal for changes to the hours-of-service rules.

The CVSA sent a formal petition to the FMCSA requesting a 45-day extension to the comment period regarding a notice of proposed rulemaking aimed at providing commercial motor vehicle drivers more hours-of-service flexibility.

In early August the FMCSA proposed five changes to the hours-of-service regulations:

1. 30-minute break requirement: Changes will allow drivers to satisfy the required break using on duty, not driving status, rather than off duty.
2. Sleeper berth exception: Changes will allow drivers to split the required 10 hours off duty into two periods.
   • One period must contain at least 7 consecutive hours in the sleeper berth.
   • The other period cannot be less than 2 consecutive hours, either off duty or in the sleeper berth.
   • Note: Neither period would count against the driver’s 14‑hour driving window
3. 30-minute to 3-hour off-duty break: Changes will allow drivers one off-duty break of at least 30 minutes and no more than 3 hours, that pauses the driver’s 14-hour driving window
   • Note: Driver must take 10 consecutive hours off-duty at the end of the work shift.
4. Adverse driving conditions exception: Changes will extend the maximum window during which driving is permitted by two hours.
5. Short-haul exception: Changes will lengthen the drivers’ maximum on‑duty period from 12 to 14 hours and extends the operating distance limit from 100 to 150 air miles.

CVSA fully supports FMCSA in their request for comments, however, Executive Director Collin Mooney said that 45 days is not enough time to prepare and approve comments on such a complicated and important issue. Mooney stated that it is imperative that stakeholders provide more time.

The August 22, 2019 proposal opened a 45-day comment period allowing comments on regulations.gov using docket number FMCSA-2018-0248 until Oct. 7, however the extension would leave the comment period open until November 21, 2019.

Stay DOT compliant

Knowing these Hours-of-Service rules and regulations will allow you to stay compliant and plan your operations more efficiently.

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