The Federal Motor Carrier Safety Administration is amending its Dec. 27, 2011, final rule entitled "Hours of Service of Drivers" to provide an exception from the 30-minute rest break requirement for short-haul drivers who are not required to prepare records of duty status.
This is necessary because of the decision of the United States Court of Appeals for the District of Columbia Circuit to vacate the rest-break requirements of 49 CFR 395.3(a)(3)(ii) as it applies to short-haul drivers operating under 49 CFR 395.1(e)(1)-(2). Specifically, the following drivers are no longer subject to the 30- minute break requirement:
All drivers (whether they hold a CDL or not) who operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of § 395.1(e)(1).
All non-CDL drivers who operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of § 395.1(e)(2).