Following the U.S. Court of Appeals ruling earlier this month on the validity of the July 1 federal Hours of Service (HOS) regulations changes, the Federal Motor Carrier Safety Administration (FMCSA) issued guidance concerning enforcement of the 30-minute break provision as it relates to short-haul drivers: Effective August 2, FMCSA is no longer enforcing the 30-minute break provision (49 CFR 395.3(a)(3)(ii)) against any driver that qualifies for either of the "short haul operations" exceptions: 100 air-mile exception and 150 air-mile exemption (49 CFR 395.1(e)(1) or (2)).

To clarify: if a ready mixed concrete driver can take advantage of the 100 air-mile logging exemption (49 CFR 395.1(e)(1)), then that driver does not need to comply with the 30-minute break provision (49 CFR 395.3(a)(3)(ii)). However, should that driver drive beyond the 12-hour reporting limit outlined in the exemption, then that driver will be required to comply with the 30-minute break provision. However, this scenario now creates a compliance question on how to treat the 30-minute break once a driver knows he/she will drive over the 12-hour limit. NRMCA met with FMCSA officials on Monday to discuss this compliance loophole and possible remedies. FMCSA noted it is aware of the compliance conundrum and is developing guidance for how the 30-minute break should be treated once a driver knows he/she will drive past 12 hours. FMCSA noted that it is considering suggesting that drivers take the 30-minute break immediately when a driver knows the 12-hour limit will be violated; however, no final decision on a solution has been made, nor has FMCSA settled on a timeframe for issuing such guidance. NRMCA will continue to work with the FMCSA on an outcome favorable to the ready mixed concrete industry.