Friday, July 12, 2013

CVSA Issues Guidance on Out of Service Criteria for HOS Changes



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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