30-minute break exemption.

What are your recordkeeping requirements... time cards, logs, etc???/



The enforcement policy, in part, reads:

Effective August 2, 2013, FMCSA will no longer enforce 49 CFR 395.3(a)(3)(ii) against any driver that qualifies for either of the “short haul operations” exceptions outlined in 49 CFR 395.1(e)(1) or (2). The Agency requests that State and local enforcement agencies also refrain from enforcing the 30-minute rest break against these drivers. Specifically, the following drivers would not be subject to the 30-minute break requirement:

• All drivers (CDL and non-CDL) that operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of 395.1(e)(1).
• Non-CDL drivers that operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of 395.1(e)(2).

​

FMCSA will also be initiating a rulemaking to include text in the HOS regulations noting that the 30 minute break provisions do not apply to short haul drivers.

<<>>

Question 12: What constitutes the 100-air-mile radius exemption?

Guidance:

The term “air mile” is internationally defined as a “nautical mile” which is equivalent to 6,076 feet or 1,852 meters. Thus, the 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.



Question 13: What documentation must a driver claiming the 100-air-mile radius exemption (§395.1(e)) have in his/her possession?

Guidance:

None.



Question 14: Must a motor carrier retain 100-air-mile driver time records at its principal place of business?

Guidance:

No. However, upon request by an authorized representative of the Federal Highway Administration (FHA) or State official, the records must be produced within a reasonable period of time (2 working days) at the location where the review takes place.



Question 15: May an operation that changes its normal work-reporting location on an intermittent basis utilize the 100-air-mile radius exemption?

Guidance:

Yes. However, when the motor carrier changes the normal reporting location to a new reporting location, that trip (from the old location to the new location) must be recorded on the record of duty status because the driver has not returned to his/her normal work reporting location.



Question 16: May a driver use a record of duty status form as a time record to meet the requirement contained in the 100-air-mile radius exemption?

Guidance:

Yes, provided the form contains the mandatory information.



Question 17: Is the “mandatory information” referred to in the previous guidance that required of a normal RODS under section 395.8(d) that of the 100-air-mile radius exemption under section 395.1(e)(5)?

Guidance:

The “mandatory information” referred to is the time records specified by §395.1(e)(5) which must show: (1) the time the driver reports for duty each day; (2) the total number of hours the driver is on duty each day; (3) the time the driver is released from duty each day; and (4) the total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

 

i have a regular route, that barring snow storms or ice storms or blizzards, or earthquakess, takes me all of 8.0 - 8.5 hours. clearly a tad bit more than you.
what do i do?

i'm on paper logs. i "show" a 30 minute break, but i do not take it. i want to get back to my starting point ASAP so i can get home earlier. bad enough i got the weather to contend with.

what you can do is, after say about 6 hours, take a break, take a nap, whatever.

if you are on elogs, obviously you cannot back up them like i can with paper. just take the breaks and be done with it.

i have no scales, no DOT, no boss at my location to hand my logs to, until i "truck mail them" to the boss at his location.

but this is me, and nearing retirement, i could give a flip about that 30 minute break.

 

So, you work all day and don't take 30 minutes to eat lunch? Are you not allowed the time for lunch or do you just not take the time and eat as you drive?
Seems like the simple solution is to log the 30 minutes as you take your lunch, and you would never be in violation.

 

The OP is on a local route, IF his company puts him on time cards he is not required to keep a log book. Plus if you read post 2, he is exempt from the 30 min break. EVEN with logs the OP is exempt from the 30 min break.

NOW if his company requires him to take a 30 min break, this would be the COMPANIES policy and they must abide by it.

NOW Maybe the OP's company is not aware of the exemption put into place in 2013 and the OP should refer their companies Safety to the following.

Effective August 2, 2013, FMCSA will no longer enforce 49 CFR 395.3(a)(3)(ii) against any driver that qualifies for either of the “short haul operations” exceptions outlined in 49 CFR 395.1(e)(1) or (2).

Question 12: What constitutes the 100-air-mile radius exemption?

Guidance:

The term “air mile” is internationally defined as a “nautical mile” which is equivalent to 6,076 feet or 1,852 meters. Thus, the 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.

<>>

So the point is moot, the OP is exempt from the 30 min break, but company policy dictates they must. Companies Policy may be in error and not updated to the new ruling for 30 min break exemption in 2013.

SO, I suggest the OP take the information provide by the FMCSA and present it to their company for review.

 

until you have an accident....

 

read posts 2 and 5... I listed the pertinent regulations.

 

his company may REQUIRE the 30 minute break to show any labor laws he is indeed taking a lunch break. if (for instance) he works thru lunch, he is entitled to be paid for all hours worked. having a mandatory lunch break (that 30 minute break), the company WILL NOT PAY him that 30 minutes, and he cannot gripe about it to the labor dept, as that is the ruling, that employees are ENTITLED TO a 30 minute lunch break. i know, i worked at a union shop, we HAD to show a 30 minute break, and this was well before any HOS changes. too many guys at my former employer worked thru the lunch break, and as a result, the company HAD to pay them, and this also lead to OT after 8 hours of work..... now the company DOES NOT have to pay for a 30 minute break. cutting down on much OT.