In granting the waiver the FMCSA noted it was necessary to “ensure the well-being of the Nation’s livestock during interstate transportation” as higher than average temperatures are predicted in the coming months. Under the waiver, carriers transporting livestock, as defined by 7 U.S.C. 1471(2), will not be required to take a thirty minute break. The waiver is limited to carriers with a satisfactory or unrated safety rating. The FMCSA determined carriers with a conditional or unsatisfactory rating will be required to take a thirty minute break because those ratings “indicate that the carrier has safety management control problems.” The waiver is set to become effective July 11, 2013 and will expire on October 9, 2013.
For more information on the new hours-of-service rules and 90-day waiver, please see FMCSA’s website.
Written by Clara E. Conklin - Research Assistant
The Agricultural Law Resource and Reference Center
July 11, 2013