Hours-of-service waiver extended in New York

January 3, 2023

SJ Munoz


New York state is extending its temporary modifications to hours-of-service provisions because of the continued impact of severe weather on the supply and delivery of critical transportation and winter heating fuels.

A prior modification to these regulations was issued on Dec. 21.

The need to replenish rock salt stockpiles for highway application was also cited in a news release from the state of New York Department of Transportation.

The weather conditions include an extended period of below-normal temperatures affecting delivery logistics of vital heating fuels to homes, businesses, power generation facilities and alternative/interruptible fuel customers, according to NYSDOT.

New York’s waiver pertains to the intrastate transportation of fuels and rock salt by motor carriers between points throughout the state until Jan. 9.

Below are the specifics of the New York hours-of-service modification:

  • The 70-hour maximum on-duty period in eight days is modified to be 84 hours.
  • The 60-hour maximum on-duty period in seven days is modified to be 74 hours.
  • The 14-hour maximum workday is modified to be 16 hours.
  • An eight-hour off-duty period must be taken to reset the 16-hour provision.
  • The 34-hour restart provision is modified to be 24 hours.

Carriers may use a 24-hour off-duty period that occurred prior to the date of this Order.
On-duty time for the purposes of computation of the 60/70 or 14-hour rules shall not include time spent waiting in a commercial motor vehicle while on the property of a shipper or carrier, loading point, unloading point, or terminal immediately subsequent to or preceding loading/unloading operations.

No motor carrier operating under the order shall require or allow a fatigued or ill driver to operate a commercial motor vehicle. A driver who informs a motor carrier they are not fit to drive shall be given a minimum of 10 consecutive off-duty hours before they may return to service.

Those motor carriers with a state or federal out-of-service order, suspension or revocation are not eligible for this relief.

All other regulations remain in effect for motor carriers and drivers. LL

More Land Line news from New York.