34-hour restart update

Industry now waits on communication from FMCSA on implementation of law, Posted December 17, 2014fmcsa-logo

President Obama signed the FY 2015 Omnibus Appropriations bill into law late on December 16, 2014. Language in the legislation immediately prohibits the enforcement of the 34-hour restart restrictions as currently written in Section 395.3 of the Federal Motor Carrier Safety Regulations. As a result, the Federal Motor Carrier Safety Administration (FMCSA) is forced to revert back to the pre-July 2013 provisions for use of the restart even though the agency is not ordered to change the actual regulation.

The new law will remain in effect until September 30, 2015, or until the FMCSA completes a study involving the use of real drivers in their natural environment, not in a lab. FMCSA is mandated to begin the study within 90 days of the law taking effect.

FMCSA has indicated it is preparing a Federal Register Notice to advise the public that it is suspending enforcement of the restart restrictions. FMCSA also stated it is working with state and federal motor carrier enforcement personnel to ensure a smooth transition back to the prior version of the 34-hour restart.

Editor’s Note: J. J. Keller’s Editorial team is closely monitoring this developing story. We are committed to providing you with the latest news and up-to-date solutions to keep you informed and in compliance.