April 9th, 2018 - 3:19 pm
Mark S. Morgan, NEFI Regulatory Counsel: mark@nefi.com
There continues to be many questions about applicability of the U.S. DOT’s 30-minute rest break for CDL drivers. In its simplest form, the 30-minute rest break does not allow drivers to drive for more than 8 hours on duty without taking a 30-minute rest break. However, the U.S. DOT provides drivers with a number of exemptions from the 30-minute rest break requirement.
Short Haul Exemption
The 30-minute break requirement and the ELD do not apply to CDL drivers who qualify for the “short haul” exemption under the HOS regulations. This exemption applies under the following conditions:
A driver that meets all four of these criteria is exempt from the 30-minute rest break requirement.
Breaking the Short Haul Exemption
If a driver breaks any of the four qualifying conditions under the short haul exemption, then a 30-minute rest break is required. The time by which a driver must take the rest break depends on when the condition was broken.
Hazardous Materials Partial Exemption
This exemption applies to hazardous material drivers who do not qualify for the short haul exemption and must take the 30-minute rest break. This is not an exemption from the 30-minute rest break requirement itself. Instead, this is an exemption from the requirement that drivers must go off duty and leave the truck during the 30-minute rest break period. The requirement to go off duty and leave the truck for rest breaks conflicts with U.S. DOT security regulations requiring hazardous material drivers to stay with the truck and remain on duty at all times during the driver’s daily shift. In order to resolve this conflict, the DOT created a partial exemption allowing drivers hauling hazardous materials to take the 30-minute rest break while on duty and in the truck. This exemption applies under the following conditions:
If all these conditions are met, the driver may sit in the cab or remain within 25 feet during of the truck when taking the required 30-minute rest break.
Important! Time spent waiting in line at the terminal rack or loading and unloading product cannot be counted towards the 30-minute rest break. Drivers taking the rest break under this exemption cannot be perform any other duty during the 30-minute period.
Bottom Line
Drivers qualifying for the short haul exemption are also exempt from the 30-minute rest break requirement. Drivers who haul hazardous materials and do not qualify for the short haul exemption must take the rest break, remain on duty and stay within 25 feet of the truck during the entire 30-minute period.
Additional Information