The
Federal Motor Carrier Safety Administration is publishing Friday, July 12, a
fresh version of regulatory guidance regarding driver breaks for meals and
"other routine stops," as the previously issued guidance - which came
in 1997 - can in effect discourage breaks, FMCSA said, or discourage drivers
from recording them in their logs.
The
guidance comes on the heels of the effective date of changes to the
hours-of-service rules for truck drivers, which, among much else, require that
drivers take at least a 30-minute break every eight hours.
The
new regulatory guidance rescinds previous guidance that hints that carriers
have a say in specifics of when and where drivers stop. This guidance is not in
line with FMCSA rules, the agency says.
The
two new conditions that FMCSA says must be met to record meal and other routine
stops made during on-duty hours as off-duty break time:
(1)"The
driver is relieved of all duty and responsibility for the care and custody of
the vehicle, its accessories, and any cargo or passengers it may be
carrying."
(2)
"During the stop, and for the duration of the stop, the driver must be at
liberty to pursue activities of his/her own choosing.
The
new guidance, says the agency's notice, attempts to make clear to carriers that
they do not need to provide guidance to drivers - written or verbal - regarding
the location or time drivers break.
"While FMCSA has not received any requests
for clarification of the guidance, the agency believes it is out-of-date and no
longer provides practical assistance to motor carriers attempting to
achieve compliance with HOS rules," says FMCSA's notice.
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