U.S. Hours of Service 30-Minute Break Exemption - Enforcement Guidance

The 30-minute rest break (49 CFR 395.3(a)(3)(ii)) exemption granted by the FMCSA on June 28, 2015, (80 FR 34957) to the Specialized Carriers & Rigging Association (SC&RA) requires a driver making use of the exemption to be transporting a load that exceeds normal weight AND dimensional limits, and require a permit issued by a governmental authority. Enforcement personnel in different states vary as to whether they allow a driver to make use of the exemption when transporting a load that only exceeds weight OR dimensional limits, even though the exemption states “AND” between the two limits. FMCSA personnel have also varied in their interpretation of the original exemption, but a final determination has not been made by FMCSA.

Enforcement personnel are not uniform across the nation on this exemption. Therefore, drivers may receive a violation for not taking a 30-minute rest break in one state, but no violation in another for transporting the same load. Carriers are burdened with filing DataQs, and states are burdened with ensuring uniform enforcement. Drivers and carriers have expressed concerns that oversize OR overweight loads are burdensome to find adequate, safe parking for the 30-minute rest break.

It would be beneficial to all affected members of the Alliance to seek a determination from FMCSA, and/or for the Driver Committee to provide clear guidance either way on the exemption (that is, should enforcement personnel allow drivers the 30 minute rest break exemption transporting loads only exceeding normal weight OR dimensional limits, or should they only allow the exemption when the load is both exceeding normal weight AND dimensional limits as the exemption was written?)