The Federal Motor Carrier Safety Administration is currently looking at changes to the Hours of Service rules. The FMCSA is actively seeking comments (public input) from CDL holders and carriers regarding four specific HOS rules, these are:
- Short-Haul HOS operations
- 30-minute break
- Splitting sleeper berths
- Adverse driving conditions
You can submit comments on either of those four areas in only one of the following methods to avoid duplication:
- Online at https://www.regulations.gov/ type FMCSA-2018-0248 in the search box and click search, and then follow the instructions. Choose one of the four areas listed above or comment on all four.
- By fax to: (202) 493-2251
- By mail to: Docket Management Facility
US DOT
1200 New Jersey Ave
West Building, Ground Floor, Room W12-140
Washington, DC 20590-0001
- By courier to the above address between 9 am and 5 pm, Monday – Friday, except holidays.
Remember to reference Docket #FMCSA-2018-0248, list which of the areas above you will address, and leave your name, mailing or email address, or phone number in case there are questions about your submission. Also, specify whether you are submitting comments as an individual or on behalf of a third-party. Mailed comments with a self-addressed, stamped envelope or postcard will get notified of receipt.
You can also view and read all comments on the https://www.regulations.gov/ website, enter the docket number FMCSA-2018-0248, click search, then choose, “Open Docket Folder” button and select a document to review.
What Is Driving the Requested Changes to FMCSA HOS Rules
Since the implementation of the electronic logging device (ELD) in December of 2017, Congress and the FMCSA have received many requests to revise the HOS rules in 49 CFR 395. Many trucking advocates have asked that the mandatory 30-minute break gets eliminated or taken anytime during the 11-hour maximum driving period at the discretion of the driver.
Many drivers are forced to take a 30-minute break at inopportune times in the middle of nowhere with no facilities simply because the clock says they must stop. Likewise, drivers are forced to take their break at locations where there aren’t adequate parking, in some cases, increasing safety risks.
Truckernation.org is a leading proponent of changing the HOS rules. They would like to see the 14 hour rule changed so that drivers could use three hours or longer rest breaks as needed and extend the HOS maximums for inclement weather operations.
They know that many of the places where they spend hundreds of dollars on food and fuel are charging them an additional $10-20 to park.
Will you be just another complaining trucker, or will you provide meaningful comments and suggestions to the FMCSA? HOS violations lead to Out of Service (OOS) Orders and higher CSA scores, which, in turn, lead to more frequent roadside inspections and other FMCSA interventions.
What You Can Do about HOS Violations and Traffic Tickets in Riverside County
When you receive a traffic ticket for an HOS violation, you know you must challenge the citation or violation. You also know you will need legal representation to resolve the ticket. Taking time off to go to court is likely not an option and will cost you more than hiring us.
Call Bigger & Harman, (661) 349-9300, and get a free phone consultation. We know the struggles of truckers and other CDL holders whose careers are in jeopardy every time they receive a roadside inspection violation or miss an 8-hour mandatory break.
We will provide a no-nonsense appraisal of your chances and how much it will cost. Since we always use a flat rate to resolve traffic tickets, you will know exactly how much our fee will be from start to finish. We will not give you a lot of promises or false hopes, just straightforward legal advice you can trust.
Se habla Español 661.349.9755.
Send an email to attorney@biggerharmanlaw.com.
References:
The Truckinginfo.com page, “Got Questions? ELDs and Telematics”
The FMCSA web page, “Hours-of-Service Advanced Notice of Proposed Rulemaking”
The FMCSA publication on .pdf, “HOS – ANPRM”