Beginning July 1, a new requirement from the Federal Motor Carrier Safety Administration was put into place for hours of service allowable for commercial motor vehicle operators. If more than eight hours have passed since last off duty period, a driver must take a break of at least 30 minutes. The 30-minute requirement still applies even if the individual is not required to keep a complete logbook of their time operating a CMV.
To be counted as a valid break, the 30 minutes must be considered off-duty. In speaking with State Police on the matter, to be considered off-duty, the driver must be free of all obligations and responsibilities and free to leave the work site. However, this does not mean that the break must be unpaid necessarily.
MITA has been informed by the Federal Motor Carrier Safety Administration that the new 30-minute break does not need to be logged. Therefore those short haul CMV drivers not required to keep a logbook because they stay within 100 miles of their home base would not be required to log the 30-minute break however are still required to take the necessary break and be able to recount that break if questioned by enforcement agents.
This link is provided citing the specific regulation.
If you have any questions or comments, please contact Mike Nystrom at mikenystrom@mi-ita.com or Lance Binoniemi at lancebinoniemi@mi-ita.com or call them at the MITA office at 517-347-8336.
