FMCSA Releases NPRM on HOS Rules

Today, the Federal Motor Carrier Safety Administration (FMCSA) released the much-anticipated notice of proposed rulemaking (NPRM) on proposed changes to hours of service (HOS) rules to “increase safety on America’s roadways by updating existing regulations for commercial motor vehicle (CMV) drivers.”

In the NPRM the Agency outlines five key proposed changes to the HOS rules. These include:

  • The Agency proposes to increase safety and flexibility for the 30-minute break rule by tying the break requirement to eight hours of driving time without an interruption for at least 30 minutes and allowing the break to be satisfied by a driver using on duty, not driving status, rather than off duty.


  • The Agency proposes to modify the sleeper-berth exception to allow drivers to split their required 10 hours off duty into two periods: one period of at least seven consecutive hours in the sleeper berth and the other period of not less than two consecutive hours, either off duty or in the sleeper berth. Neither period would count against the driver’s 14‑hour driving window.


  • The Agency proposes to allow one off-duty break of at least 30 minutes, but not more than three hours, that would pause a truck driver’s 14-hour driving window, provided the driver takes 10 consecutive hours off-duty at the end of the work shift.


  • The Agency proposes to modify the adverse driving conditions exception by extending by two hours the maximum window during which driving is permitted.


  • The Agency proposes a change to the short-haul exception available to certain commercial drivers by lengthening the drivers’ maximum on‑duty period from 12 to 14 hours and extending the distance limit within which the driver may operate from 100 air miles to 150 air miles.


TIA filed comments to the advanced notice of proposed rulemaking (ANPRM) and TIA’s Highway Logistics Conference will be working through these proposed changes and developing the TIA stance and policy position.

If you have any questions, please contact Chris Burroughs, 703.299.5705.

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