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FMCSA issues final driver HOS rule

FMCSA asserts changes will improve safety, save money. Credit: Jim Allen/FreightWaves

The Federal Motor Carrier Safety Administration (FMCSA) issued its long-awaited final rule on changes to driver hours-of-service (HOS) regulations today with four key provisions it asserts will increase driver flexibility and generate $274 million in cost savings for the U.S. economy.

“The Department of Transportation and the Trump Administration listened directly to the concerns of truckers seeking rules that are safer and have more flexibility – and we have acted,” said FMCSA Acting Administrator Jim Mullen. “These updated hours of service rules are based on the thousands of comments we received from the American people. These reforms will improve safety on America’s roadways and strengthen the nation’s motor carrier industry.”

FMCSA’s final rule generated over 8,000 comments while it was being considered as a preliminary proposal and an official Notice of Proposed Rulemaking (NPRM). The final rule makes the following changes to the existing HOS rules:

  • Increase safety and flexibility for the 30-minute break rule by requiring a break after 8 hours of consecutive driving and allowing the break to be satisfied by a driver using on-duty, not driving status, rather than off-duty status.
  • Modify the sleeper-berth exception to allow drivers to split their required 10 hours off duty into two periods: an 8/2 split, or a 7/3 split. Neither period will count against the driver’s 14‑hour driving window.
  • Modify the adverse driving conditions exception by extending by two hours the maximum window during which driving is permitted.
  • Change 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.

“The new hours-of-service changes show that FMCSA is listening to industry and fulfilling its duty to establish data-driven regulations that truly work,” commented Truckload Carriers Association (TCA) President John Lyboldt. “We especially thank the Agency for moving forward with additional sleeper berth flexibility. While TCA and our members advocate for full flexibility in the sleeper berth for our drivers, FMCSA’s new regulations demonstrate that we are one step closer to achieving that goal.”


Left out of the final rule was a provision that FMCSA had been considering in the NPRM. It was a provision that would have allowed 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.

“No rule will satisfy everyone, even within our industry, but this one – crafted with a tremendous amount of input and data – is a good example of how by working with stakeholders on all sides, government can craft a rule that simultaneously benefits the industry, specifically drivers, and maintains highway safety,” said American Trucking Associations Chairman Randy Guillot, president of New Orleans-based Triple G Express. “The agency should be commended for their efforts and we appreciate their willingness to listen throughout this process.”

The 230-page final rule is scheduled to go into effect 120 days after it is published in the Federal Register. However, road safety advocates have vowed to challenge the FMCSA’s changes in federal court, which could effectively delay rollout of the changes. 


21 Comments

  1. Edward

    Thanks for nothing. It took them 2 years to make these stupid changes. They said that they have read 8000 comments? Looks like they have read one idiotic comment 8000 times and still got it wrong. They should have been driving trucks during the period of 2 years and then come up with ideas. What a waste of taxpayers money( FMCSA that is)

  2. Ron Tagmeyer

    The whole point was to get hours extended out because of warehouse issues. The rules they are changing is meaningless for most drivers.They have no clue of the problems because they don’t have experience or never sat for 5 or 6 hours waiting.and then having no time to drive

  3. Tom martin

    How much money was wasted on this …stuff? One roll of charmin would have done the job and some one could have gotten some use from it.

  4. Greg

    ELD is for the companies, not the driver. Ensures that we cannot get food from grocery stores but rather pay 40 to 70 percent more for same grocery at truck stops, move the truck to safer locations during break, find places to sleep, or to get showers; without being penilized for it. The whole idea is so they can eventually see if you are close to or are in violation from outside of your truck, meanwhile, training for our new drivers is still lacking.

    To get a CDL is getting easier everyday, and burden is put onto industry to fully train driver into professionals. There is alot of rules and regs to know right out of the gate, on top of that, got to have driving skills down… Driver test to obtain a CDL are almost a joke(both written and driving test alike). YET once you have that CDL you are a “professional” …. HOGWASH!?!

  5. Tina Roney

    More rules on the drivers are not helpful.
    Especially when shippers, receivers & agents have no regard for those drivers who transport those items for them.
    Safety, as their excuse is not served.

  6. ThaGearJammer25/8

    Free country? Meaningless empty changes. Great work. 14 hour clock is the problem with eld. Watching porno at the dock and falling asleep shouldn’t be categorized as work.

    1. Dean Vanluven

      Absolutely agree. I use to argue that point all the time but never got nowhere . Once you back to the dock or you drop your trailer and park somewhere else should never be on duty anything. You are normally in the sleeper or just chilling outside. I was told the only way you can log off duty is of you are on the waiting lounge inside the building. What the hell is the difference.

Comments are closed.

John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.