FMCSA 30 Minute Break Rule Explained
What is the FMCSA 30 minute break rule?
All commercial truck and bus drivers need to take a break from driving for at least 30 minutes after their first 8 hours of driving, according to the Federal Motor Carrier Safety Administration (FMCSA) regulations regarding hours of service rules. There are limited exceptions to the FMCSA 30 minute break rule, such as short haul drivers.
The rule truly encourages a break and has measures to ensure that truckers are not just taking a “break on paper,” when in reality they are still behind the wheel and driving.
What is the FMCSA 30 minute break rule?
Truck drivers must take a 30-minute break after they have driven for 8 hours, according to the FMCSA 30 minute break rule. (49 CFR § 395.3(a)(3)(ii)) This “30-minute interruption in driving status” can be satisfied by either “off-duty, sleeper berth” or “on-duty not driving time” or a combination of both.
Does the FMCSA 30 minute break rule apply to truck drivers of hazardous materials?
Absolutely not.
The trucking regulations regarding “hazmats” are very clear. Truck drivers are required to monitor semi-trucks transporting certain classes of hazardous materials at all times.
Specifically, 49 CFR § 397.5(a) of the FMCSA Safety Regulations requires that a motor vehicle containing hazardous materials “must be attended at all times by its driver or a qualified representative of the motor carrier that operates it.”
Do you see the anomaly? As one defense expert and defense attorney argued in a truck accident injury case I litigated in the past, the way the FMCSA 30 minute break rule was previously written can be argued (as it was) that while truckers are required to monitor the hazmats, they’re also required to be relieved of responsibility for their commercial vehicle!
Recognizing that this doesn’t make sense, the FMCSA made things more clear in 2013. The agency released guidance stating that drivers who must monitor hazardous materials, such as explosives, are partially exempted from the 30-minute rest requirement. These truck drivers still must take the break, but can do so while remaining on duty to protect their dangerous cargo.
As a truck accident lawyer, I’m very cognizant of the danger that some cargo poses to the public. I’ve seen it in some of my cases. Some cargo is highly flammable, such as in a terrible Atlanta explosion my office is litigated when a part of the trailer exploded, severely injuring the driver’s face. Some cargo that is very dangerous could also be stolen and used for illicit purposes. The FMCSA got it right here. It is striking a balance between the safekeeping of dangerous hazardous materials while doing more to focus on dangers such as combating truck driver fatigue.
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