Temporary Suspension of HOS Enforcement for §§395.3(c) & 395.3(d)

Due to language in the Omnibus Spending Bill (HR 83), the FMCSA published notification in the Federal Register on December 22, 2014, of temporary suspension of two provisions in the Hours of Service regulations for §§395.3(c) and 395.3(d). The requirements for two consecutive rest breaks between 1:00 a.m. and 5:00 a.m. at the beginning of the 34-hour restart, and allowing one 34-hour restart within one 168 hour period will be suspended until September 30, 2015, or upon submission of the final report of studies required to be issued by the Secretary of Transportation, whichever is later.

Time should be given for enforcement personnel to become knowledgeable of this new rule. The effective date for suspension is 12:01 a.m. on December 16, 2014. However, caution should be used to allow enforcement personnel time to understand. By delaying taking advantage of this suspension, undue driver stress will be avoided.

On December 18, 2014, the FMCSA published a Notice on their website at fmcsa.dot.gov for your drivers that want to get a jump on the 34-hour restart provisions.