30 minute break & COVID-19 Emergency Exemptions & Waivers

Discussion in 'Trucking Industry Regulations' started by tscottme, Feb 15, 2022.

  1. tscottme

    tscottme Road Train Member

    Does the FMCSA's COVID-19 Emergency Exemptions & Waivers override the 30-minute break rule?

    From the FMCSA Exemption: The latest extension continues to offer relief from the hours-of-service limits in 49 CFR 395.3. This means eligible drivers are not required to have a minimum amount of rest and may drive after the normal 11-hour driving limit, 14-hour duty limit, and/or 60/70-hour weekly limit. They must be in compliance, however, with all other federal safety requirements related to driver qualification, vehicle inspections and maintenance, drug and alcohol testing, licensing, cargo securement, etc. They also must log their time as they normally would, whether using paper logs, electronic logs, or short-haul time records.

    The above specifically mentions the 11/14/60 or 70 limits. It's silent on the 30 minute rule. 49 CFR 395.3 is the HOS regulation.The loads are definitely exempt based on freight content and the shipper/receiver.

    Unrelated questions: If you are using the Big Day exception, or otherwise driving beyond one of the other limits, stopping to take a 30 minute break can increase the length by which you exceed the normal limits. I assume it's better to take the 30 minute break if it is necessary than not take it and add that violation to whatever length of another violation?
     
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  3. ZVar

    ZVar Road Train Member

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    Does anyone even qualify for the covid exemption anymore?

    The 16 hour "big day" exemption only affects the 14 hour clock, no others. If you hit your 8 hour clock it's no different than if you hit your 14. I.e. it's a violation.
     
  4. tscottme

    tscottme Road Train Member

    Yes. My past company and some of their customers are using the FMCSA COVID-19 emergency exemption. I think this exemption expires Feb 28.
     
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  5. tscottme

    tscottme Road Train Member

    I always thought the 2 hour adverse driving conditions only extended the 14 hour clock until earlier today while looking for an answer to my posted question. But it seems to add 2 hours to the 11 and the 14 hour clock.

    I found this: Summary of Hours of Service Regulations | FMCSA
    Adverse Driving Conditions
    Drivers are allowed to extend the 11-hour maximum driving limit and 14-hour driving window by up to 2 hours when adverse driving conditions are encountered.
     
  6. ZVar

    ZVar Road Train Member

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    Adverse driving condition is different than the "big day".
    "big day" is for local guys. There is a few criteria.
    1. Not used in the last 7 days, or last reset.
    2. Start and stop in the same location for the last 5 days.
    3. Something else minor I can't remember....

    It can be used for any reason, or no reason as long as the criteria is met.
     
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  7. Keepforgettingmypassword

    Keepforgettingmypassword Heavy Load Member

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    Not being sarcastic. 14 hours is a long day for me. Staring down the barrel of 16. Omg
     
  8. ZVar

    ZVar Road Train Member

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    While not in the regs, the big day is really designed to get the driver home if they experience a delay. Shipper, receiver, breakdown, whatever. While some crappy companies do include it in their planning, the vast bulk use it for when the unexpected happens.
    I know I'd rather run an hour to get back to the yard, and by extension, my bed than be stuck in a daycab for 10 hours.
     
  9. Keepforgettingmypassword

    Keepforgettingmypassword Heavy Load Member

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    This I agree with. I won't let a hour or come in between my bed vs the truck bed. But I know I couldn't do it a couple days in a row.
     
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  10. MacLean

    MacLean Road Train Member

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    Just out of curiosity, I’d like to know what the accident stats are compared between standard drivers and guys running longer under state of emergency allowances.
     
  11. buzzarddriver

    buzzarddriver Road Train Member

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