The Federal Motor Carrier Safety Administration is seeking to define the word “yard” in regard to what is not considered driving time under truckers’ hours-of-service regulations.
When the agency adopted its electronic logging device (ELD) rules in 2015, it said that a ‘yard move’’ of a truck should be recorded as “on-duty not driving time” rather than as driving time for the purposes of enforcing federal HOS regulations. However, at the same time it did so, the agency also failed to explicitly define what exactly it meant by a “yard.”
FMCSA now proposes adoption of these examples of properties that may qualify as yards, which it says can include but are not limited to:
1. An intermodal freight yard or port facility.
2. A motor carrier’s place of business.
3. A shipper’s privately-owned parking lot.
4. A public road, but only if public access to the road is restricted through traffic control measures such as lights, gates, flaggers or other means.
“This guidance, if finalized, lacks the force and effect of law and is not meant to bind the public in any way,” FMCSA pointed out. “This guidance document is intended only to provide clarity to the public regarding the agency’s interpretation of its existing regulations.”
FMCSA asked for public comments due by Feb. 4. to assist it in determining whether any further clarification is necessary This includes four specific questions the agency is seeking answers to.
For more information about the guidance, the questions and how to submit comments, visit the FMCSA Federal Register notice.
