CVSA requests extension for hours-of-service comment period

August 26, 2019

Mark Schremmer

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The Commercial Vehicle Safety Alliance wants more time to comment on the FMCSA’s proposal for hours-of-service reform.

CVSA formally petitioned the agency for a 45-day extension to the comment period regarding a notice of proposed rulemaking aimed at providing commercial motor vehicle drivers more flexibility within the hours of service.

Earlier this month, FMCSA proposed five changes to the hours-of-service regulations.

  • The limits for short-haul operations would increase from 12 to 14 hours and from 100 air miles to 150.
  • The adverse driving provision would allow a driver up to a 16-hour window within which to complete up to 13 hours of driving if the driver encounters adverse conditions.
  • The 30-minute break requirement would be modified, prohibiting driving for more than eight consecutive hours without at least one 30-minute change in duty status. This would allow 30 minutes of on-duty, not driving time, off-duty time, or sleeper-berth time to qualify as a break.”
  • In addition to splits of 10/0 and 8/2, drivers would be allowed a split-sleeper option of 7/3.
  • Drivers would have the option of stopping the clock a minimum of 30 minutes and up to three hours consecutively once per duty period.

A 45-day comment period on the proposal opened on Aug. 22, and comments can be made at the regulations.gov website by using docket number FMCSA-2018-0248 until Oct. 7.

However, CVSA said it needs more time to file comments.

“CVSA applauds the Federal Motor Carrier Safety Administration for seeking public comment on this critical issue, and we look forward to providing comments to the agency on behalf of the commercial motor vehicle enforcement community,” CVSA Executive Director Collin Mooney wrote. “However, 45 days is not adequate time to prepare and approve comments on such a complicated and important issue. In order to provide comments that will contribute to a comprehensive, well informed, science and data-based notice of proposed rulemaking, it is imperative that stakeholders be given additional time to develop their comments.”

If CVSA’s petition is granted, the comment period would be extended until Nov. 21.