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HOS Restart Notice Published - Enforcement Policy Issued

Late yesterday, the Federal Motor Carrier Safety Administration (FMCSA) posted the attached notice on their website advising the public that the restart restrictions have been officially suspended. Earlier in the day, the agency issued a memo to enforcement personnel to alert them to the suspension and advising them of the new enforcement policy. Specifically, the memo to enforcement says that, effective 12/16, violations of the 60/70 hour rule based on a driver’s failure to comply with the restart restrictions may not be cited during any enforcement action including inspections, safety audits or investigations. The prohibition applies to all such actions conducted by FMCSA personnel and state enforcement personnel utilizing MCSAP funding.

Also, the memo to enforcement says that “Any request received through the DataQs system to remove a violation of 49 CFR 395.3 (b) (restart restrictions) that occurred on or after the effective date of this policy (December 16th) should be immediately accepted and the violation removed if the violation was not determined in accordance with this policy.”

We encourage everyone to consider providing a copy of the attached notice to your drivers in the event that they encounter enforcement personnel who are not aware of FMCSA’s new restart enforcement policy.

Information provided by the ATA.

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