If your log doesn't show a 30-minute break to meet the requirement of the latest hours-of-service rule and a truck inspector writes you up, the violation will have a severity weight of 7 in the CSA scoring system. Missing the break will not result in an out-of-service order, but you may be required to shut down for 30 minutes before continuing.
The Commercial Vehicle Safety Alliance (CVSA) has confirmed that drivers may be placed out of service for 60- or 70-hour violations when the violations are the result of a non-qualifying restart. A non-qualifying restart either doesn't include two nighttime periods from 1 - 5 a.m., or starts before 168 hours have passed since the beginning of the last restart. CVSA advises that drivers will not be placed out-of-service for violating the new 30-minute rest break requirement, but the violation may be noted on the roadside inspection report. In some states, drivers may be required to stop operating and immediately take the 30-minute break before continuing.
However, this will not result in an out-of-service order that would go on your company's record in the CSA safety measurement system. Rob Abbott at the American Trucking Associations says that CVSA's position on rest breaks may change after discussion at the organization's September meeting.
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