<img height="1" width="1" src="https://www.facebook.com/tr?id=309609029588200&amp;ev=PageView&amp;noscript=1">

Safety Corner

Ask our panel of experts, Marc, Guy and Brayn, any questions you may have around fleet safety, compliance, DOT audits, roadside inspections, CSA scores, or installation best practices.

For technical support, please click here.

 

 

Your email is safe with us. We will not spam you or share your email. We need to collect the email in order to provide the expert answer to your question back to you. 

When taking a break while hauling hazmats, make sure you're doing it right!

Understanding how to rightly claim the right duty status is already crucial if DOT ever inspects you. It is equally important to understand the regulatory requirements for taking your mandatory breaks, depending on the type of cargo you're hauling. When hauling hazardous materials, this affects your driving status to ensure the safety of other road users.

Read on to learn more about your 30-minute mandatory rest break, and how it affects your duty status.

Warning-BlogImage-600x300

Question:

Hello Marc,

How does the mandatory 30-minute break, when hauling hazardous materials (hazmats), affect my duty status? Does it change depending on the type of material classifications that I am hauling?

 

Dear Reader,

Unless a U.S. driver qualifies for the 100-air-mile exemption in Sec. 395.1(e)(1) or a special exemption, drivers hauling hazardous materials are subject to the requirement for a mandatory 30-minute break. This time must be spent "off duty" unless the driver is transporting Division 1.1, 1.2, or 1.3 explosives.

Drivers transporting these types of explosives are required to remain "on duty" at all times, while "attending" the load under the attendance and surveillance of motor vehicles requirements, as described in § 397.5. See the full description at the Electronic Code of Federal Regulations.

The requirements also include that if the vehicle is located on a public street, highway, or the shoulder of a public highway, the driver hauling such hazmat must always:

  • maintain an unobstructed view;
  • be within 100 feet of that vehicle.

Therefore, a driver in this scenario is allowed to show his/her mandatory break as "on duty," provided that he/she has annotated the in remarks section on the hours of service log to designate a 30-minute period as their break. A further requirement is that no other work is permitted by the driver, except for tending to this type of hazmat load during this break.

Other hazmat drivers who are required to attend their loads while operating on public highways under Sec. 397.5 that are not explicitly listed as Division 1.1, 1.2, or 1.3 explosives must be allowed to go "off duty" for their breaks unless the motor carrier is eligible for a special exemption.

The above information is for informational purposes only, and should in no way be relied upon as legal advice.

  Aug 07, 2019     Marc Moncion

Ask the expert - Marc Moncion (Safety, compliance and regulatory affairs expert)

 

Marc Moncion linkedin2

Lead Expert - Fleet Complete

Marc is the Head of Safety, Compliance & Regulatory Affairs at Fleet Complete. He is an author and industry subject matter expert who has worked in numerous senior transportation management roles for over 25 years, including an Inspector for the MTO. Marc sits on several Federal/State/provincial regulatory bodies and frequently provides commentary on emerging technology, best practices and regulatory affairs. In addition, Marc is a commercial driver's licence (CDL) holder and can drive all types of commercial vehicles in North America.

Get to know Marc here!

 


 

Ask The Expert - Guy Broderick (Driver trainer)

 

Guy Broderick linkedin2

Guest Expert - APPS Transport Group

Guy is a Driver Recruiter/Training Supervisor and Social Media Specialist at APPS Transport Group. Certified under the WSIB guidelines and a member of JHSC, Guy is an integral force behind the company's impeccable driving record. The APPS Safety Team has achieved the highest rating of Commercial Vehicle Operator Registration (CVOR) given by the Ministry of Transportation in Ontario. Since 2010, Guy has written for and contributed to numerous publications and associations, as well as has been elected as Chair of Ontario College of Trades Tractor Trailer Driver Trade Board, recently re-elected as Chair for the TTSAO Carrier Group, has sat on numerous provincial industry committees and is a Award Winning Driver recognized on both sides of the border.

 


 

Ask The Expert - Brayn Levi Gomez (professional installer)

 

Brayn Gomez  linkedin2

Guest Expert - Certified Professional Installer

Brayn transformed his passion and hobby of installing multimedia devices and car kits in luxury vehicles into a career in 2004. Since then, Brayn has installed thousands of electronics and GPS systems in a variety of vehicles and machines with or without a power source, even on bicycles. Bryan provides professional installation, re-installation and on-site technical services to Fleet Complete customers. Throughout his career, Brayn has encountered the effects of improper GPS system installation on the integrity of the vehicle and driver's safety, and offers his insights and tips to help ensure fleet managers and technicians are using best practices to install GPS equipment in their vehicles.