Without prior notice through the USDOT’s “regulatory agenda,” in late August 2018, FMCSA initiated a rulemaking process to consider changes to the Hours of Service rules. FMCSA “advance notice of proposed rulemaking” identified four provisions for potential change: (1) expanding the current 100 air-mile radius exemption from 12 to 14 hours; (2) extending the 14-hour on-duty limit by up to two hours when “adverse driving conditions” are encountered; (3) revising the 30-minute rest break; and, (4) reinstating options for splitting off-duty time in a sleeper berth. FMCSA’s short 30-day comment period suggests it may be trying to accelerate the process in an attempt to finalize changes before the end of the Trump Administration’s term in late 2020.
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