Hours of Service: Suspension of Current 34-Hour Restart Rule

What You Need To Know

The 2013 amendment to the 34-Hour Restart Rule ("Restart Rule") has been temporarily suspended until at least September 30, 2015.  Because of this suspension, the old Restart Rule is back in effect, and drivers may now use their 34-hour restart without restriction. 

Background

Under federal law, property-carrying vehicle drivers may not drive after 60/70 hours on duty in 7/8 consecutive days.  According to the Restart Rule, a driver may start, or restart, a new 7/8 consecutive-day period after taking 34 or more consecutive hours off duty.

Because of the recent spending bill passed by Congress, the Federal Motor Carrier Safety Administration (FMCSA) is required to suspend the 2013 version of the Restart Rule.  Before 2013, the FMCSA allowed property-carrying vehicle drivers to use the 34-hour restart without restrictions.  However, in July of 2013, the Restart Rule was changed to require that drivers incorporate two periods from 1 a.m. to 5 a.m. within their restart periods. Furthermore, the 2013 amendment prohibited drivers from using their 34-hour restart within 168 hours from the time of their last restart.  These restrictions are now suspended at least until September 30, 2015, and pending an FMCSA report to Congress outlining the public safety impact on such restrictions. 

What Does This Change?

The Restart Rule in effect before July 1, 2013, is now controlling law once again. Therefore, drivers no longer need to schedule their off-duty hours to include two periods from 1 a.m. to 5 a.m. Drivers may now schedule to take their 34-hour restart within any span of time, so long as the driver spends 34 or more consecutive hours off duty. Additionally, drivers may now take their 34-hour restart within 168 hours (7 days) since their last restart. 

 

With regards to the Restart Rule, California regulations mirror federal law. According to the California Vehicle Code, federal law dictates hours of service regulations for commercial vehicles engaged in interstate and intrastate commerce, absent explicit provisions in California law.  Therefore, because the California Vehicle Code does not include any modifications to the Restart Rule, federal law applies.  Nevertheless, California drivers should still be mindful and maintain compliance with other California-specific hours of service regulations that may apply.

What Can I Do?

You may now use your restart at any time so long as you are off-duty for 34 consecutive hours or more.  You may also use your restart in a span of less than 168 consecutive hours since your last restart. 

 

If you experience issues with law enforcement agencies regarding this new legislative change, remain calm and appeal the ticket to the government body that monitors commercial vehicle safety in the applicable state. 

 

About the Author:

Colin P. Calvert, Attorney at Law is a preferred CIOMA partner.

 

If you have questions, please contact:

Colin P. Calvert

Attorney at Law

ccalvert@laborlawyers.com| O: (949) 798-2160

2050 Main Street | Suite 1000 | Irvine, CA 92614