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November 2023 FMCSA Significant Rulemaking Report
Mariah Barr
2 mins read

A new FMCSA final ruling regarding hours-of-service regulations has officially been adopted.

The Federal Motor Carrier Safety Administration (FMCSA) has officially passed a new rule that reduces the maximum number of days a state can waive hours-of-service (HOS) regulations during a state of emergency from 30 to 14 days. 

The rule, set to take effect on December 12, is seen as a compromise from the agency's initial proposal of a stricter five-day limit. While some stakeholders have criticized the rule, others view it as a balanced approach. 

Numerous parties have raised concerns about the new rule, including trade organizations and the state of North Dakota. North Dakota Governor Doug Burgum has started a petition to restore the 30-day waiver authority, citing the potential impact on farmers, ranchers, and fuel distributors during weather-related emergencies. 

The rule has also received opposition from the Commercial Vehicle Safety Alliance (CVSA). Despite concessions made by the FMCSA, the CVSA still requests reconsideration of the duration of automatic regulatory relief: 

"In order to structure emergency relief that takes into account all types of disasters, CVSA reiterates the alliance’s recommendation that the agency consider eliminating any set duration and rather allow the issuing entity the authority to set the duration as they see fit to adequately address the length of the emergency," stated the CVSA's letter. 

What do you think about this FMCSA HOS ruling? Tell us in the comments! 

Monitor Your DOT Hours-of-Service Compliance

Need help tracking your hours-of-service compliance? Get a free demo of Foley's Audit Risk Monitor (ARM). It's your company's personalized summary of your Compliance, Safety, and Accountability (CSA) score, including the hours-of-service category that impacts your overall DOT compliance. 

Fill out the form below to see how ARM makes it easier to track your hours-of-service compliance. 

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