It’s been a little over a year since the new federal hours-of-service (HOS) regulations went into effect. As a refresher the biggest changes affecting fleet truck drivers were the definition of ‘on duty time’ and the HOS limits for property carrying vehicles.
Resting in a parked vehicle is now considered off duty as long as the driver is relieved of all duties. If a driver is rides in a passenger seat of a moving property carrying commercial motor vehicle before or after spending at least 8 consecutive hours in a sleeper berth, it is considered off duty.
Mandatory breaks changes to the 34-hour “restart” option were changed. The new rest-break requirement requires a 30 minute break if a driver wants to keep driving when 8 hours have passed since last off duty. Drivers who use the 34-hour “restart” to reset their weekly hours under the 60/70-hour rule will be forced to get two nighttime periods of rest. The other restriction being placed on the 34-hour restart is that drivers will not be able to start another “restart” break until 168 consecutive hours — exactly 7 days — have passed since the start of their last “restart” break. The 34-hour restart is still optional.
A recent case in California regarding meals and rest breaks has been in the news – Dilts v. Penske Logistics, LLC. Drivers and installers claimed that Penske did not comply with California’s meal and rest break laws. Penske argued that as “motor carriers” the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) preempts California’s meal and rest break laws. The trial court agreed but The Ninth Circuit reversed the decision as it felt that California’s meal and rest break laws are not the type of laws related to prices, routes, or services that Congress intended to preempt. Penske raised the issue that that the requirement will limit the number of available routes. Traffic in California is bad enough… imagine if certain routes had to support more trucks? Ahhhh!
Motor carriers doing business in California should carefully review meal and rest break policies and practices to ensure that they comply with California law. More states may follow suit in an effort to reduce accidents.
Compliance with the hours-of-service rules is extremely important so please keep on top of the rules and keep good records. The consequences of non-compliance can be severe. Please share your opinions and experiences. Would be great to hear from you.
