The Commercial
Vehicle Safety Alliance issued a memo to its members clarifying how the
out-of-service criteria would be impacted by the changes to the hours of
service rules that take effect on July 1.
The memo confirms that drivers may be
placed out-of-service for 60 or 70 hour violations when such violations result
from a non-qualifying restart (e.g., did not include two nighttime periods from
1 – 5 a.m. or began within 168 hours of the beginning of the prior restart).
However, drivers will not be placed out-of-service when discovered to have
violated the new 30-minute rest break requirement. Such violations may be noted
on the roadside inspection report, but will not result in the driver being
placed out-of-service. Although not a uniform approach, CVSA has
indicated that drivers found in violation may be required by some States to
cease operating and immediately take a 30 minute break. However, this scenario
will not result in an official out-of-service order affecting the carrier’s
safety records.
Also, CVSA’s position on rest break violations is subject to
change as the organization is due to revisit the issue at its upcoming Annual
Conference in September.
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