30 minute break rule
The 30 minute break rule has been in effect since July 1, 2013. Many drivers still do not understand it, and are not logging it correctly. A driver must take a 30 minute break on either Line 1 (off-duty), or Line 2 (sleeper berth) for every 8 hours of duty.
For example, I start my pre-trip inspection at 4am. By noon, I must show at least 30 minutes in either the sleeper or off-duty. If I drive beyond noon, without taking that 30 minute break, then I am in violation.
Some common errors I have seen regarding the 30 minute rule:
1) taking the break on Line 4 (on-duty, not driving). You cannot take the break when you are loading, unloading, fueling the truck, or otherwise being on-duty.
2) splitting the 30 minutes. I have seen drivers take 15 minutes off-duty, and then take another 15 minutes later in the day, and claim that is their break. Hey, nice try, but the DOT does not accept splitting of the 30 minutes.
3) Not taking enough 30 minutes breaks. If you take your break early in the day, you may need another one before the end of your shift. For example, a driver does his pre-trip at 4am, drives for an hour, arriving at the receiver at 5am. He then is in the sleeper for 2 hours while at the receiver, exiting the sleeper at 7am. He then works and drives for the rest of his shift. By 3pm, he needs another 30 minute break. Even though this drivers already took a break from 5am – 7am, 8 hours of duty has elapsed since the conclusion of his last break (7am – 3pm). If he drives beyond 3pm without another 30 minute break, he is in violation.
The reason the 30 minute break rule is important is because DOT treats it just as importantly as the 11, 14, and 70 hour violations. If 30 minute violations are discovered, they create the same amount of CSA points as the other rules. If DOT finds 30 minute violations in an audit, the penalties are huge; sometimes tens of thousands of dollars.
It is critical your drivers are logging their 30 minute breaks when they are supposed to be. Your bottomline may depend on it.
Update
It seems as summer rolls around, I become more and more likely to not keep the blog current. There’s really no excuse, as there are numerous topics bouncing around right now, on which I could post. Yet I have chosen not to.
1) medical registration of doctors is now mandatory. All medicals must now be done by doctors, nurses, etc. who are registered with FMCSA. You can go on their website, and look up a doctor, if you are in doubt whether your chosen doctor is registered. Another complicated FMCSA solution in search of a problem. DOT believes there is an epidemic of marginally healthy drivers out there who are causing accidents due to their poor health. They believe by forcing all the doctors to register with FMCSA this will eliminate drivers who doctor-shop, and otherwise evade the FMCSA medical standards, thereby reducing accidents. I doubt it. I think the opposite will happen. They will simply drive safe, experienced marginally-healthy drivers out of the industry, and replace them with inexperienced, not-quite-so-safe, healthy drivers. I could be wrong, but this probably will fall into the “Unintended Consequences” category.
2) DOT has been stopped from using its “Imminent Hazard” shutdown orders. FMCSA (remember I use DOT and FMCSA interchangeably) finally was challenged on the legality of their imminent hazard shutdown orders, and FMCSA lost. They are appealing, but for the moment, they are precluded from casually tossing any more motor carriers onto the unemployment line.
3) FEDEX and Wal-Mart have been involved in two very high profile accidents. The FEDEX accident was in California and killed 10, as the FEDEX truck hit a motor coach. The Wal-Mart accident was in New Jersey, and killed one, and injured celebrity Tracy Morgan. In both accidents, it appears the truck drivers may be a fault, but conclusive details are very sketchy. Until more information becomes available, it’s hard to say exactly what happened.
4) There is a movement in Congress to roll back Anne Ferro’s idiotic new 70 hours provisions: namely the two 1am – 5am breaks, and the 168 hour rule. It’s a longshot, but the sheer stupidity of the new rule has made it possible this amendment may pass. The amendment is in the new highway bill which will provide funding for the DOT. It passed the Senate committee 21-9, which is sizeable margin. Again, it’s likely it will not become law, as there are many remaining hurdles, not the least of which, Obama will have to sign it into law.
5) The deadline to comment on their EOBR rulemaking has been extended another month… until the end of June, I believe. My prediction remains the same on when you will need to have the black boxes: January 1, 2017. I could be wrong, the actual date has not been set yet.
