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HOS 30-Minute Break Rule Still Poses Questions
Posted on 08/09/2013 by AKilgore | 0 Comments
As most of you are aware, the hours-of-service rules went into effect July 1, 2013. And since the HOS rules were implemented over a month ago, it seems that many who are a part of the transportation industry still have confusion, and about one rule in particular—the 30-minute break requirement. To give you an idea, here is a snippet of a few frequently asked questions and answers about the 30-minute break requirement, courtesy of jjkeller.com:
Q: Do oilfield drivers need the 30-minute break?
A: Yes. Drivers who use either of the oilfield exceptions in Sec. 395 are required to adhere to the 30-minute rest-break requirement.
Q: Do hazmat drivers need to take the mandatory break?
A: Yes. Drivers that haul hazardous materials are subject to the requirement for a mandatory 30-minute break. The break must be spent “off duty” unless Division 1.1, 1.2, 1.3 explosives are being transported.
Q: If a driver won’t be driving after the 8th hour, does he or she need a break?
A: No, not under the federal HOS rules. The rules only prohibit drivers from driving a property-carrying CMV after 8 hours without a break. No break is required if a driver will be working but not driving a CMV after 8 hours.
Q: Does a driver need a 30-minute break every 8 hours of driving?
A: The 8 hours are consecutive hours which mean they include driving and all other time, including breaks that are less than 30 minutes. With the new rule, you have to stop driving CMS’s once you reach 8 consecutive hours past the end of your last break of at least 30 consecutive minutes.
Q: Might some drivers need more than one break each day?
A: Yes. If a driver works long days or takes their 30-minute break too early, they may need two or more breaks in one day. The longer the work day, the more likely a second break will be needed, especially if a driver takes the first break too early.
For a more in-depth look at the Q&A surrounding the HOS 30-minute break rule, click here.