FMCSA proposes yard move clarification

In an effort to improve the “yard move” HOS provision, the FMCSA has proposed a revision to its regulatory guidance, which would clarify its use

Currently, the final rule that was published in 2015 does not define yard moves. However, the status is often used to perform minute actions that require you to start your vehicle, such as moving to a different parking space or actually moving trailers and such around a yard. 

Thus, if this revision is finalized, the FMCSA will be able to clarify when a driver can use the provision.

Specifically, the FMCSA is looking to offer examples of properties that may qualify as a “yard.” Additionally, CMV movements that occur on the properties would be considered yard moves and be recorded in an ELD as on-duty, not driving status.

The FMCSA has provided several examples of properties where yard move can be applied, which include “an intermodal yard or port facility; a motor carrier’s place of business; a shipper’s privately-owned parking lot; or a public road, but only if and while public access to the road is restricted through traffic control measures such as lights, gates, flaggers or other means,” according to CCJ.

As is the case with previously proposed changes to hours of service regulations, the FMCSA is also taking comments from people in the trucking industry.

According to Transport Topics, they’re asking for responses to specific questions concerning yard move in addition to allowing general comments. You can find the questions below:

  • Would defining “yard moves” in the agency’s regulations provide necessary clarification and therefore benefit carriers and drivers?
  • Are there other properties or situations where drivers may be in a yard move status that should be included as examples in this guidance?
  • Would adding examples of yard moves be beneficial for this guidance? If so, please provide examples for consideration.
  • How should “yard” be defined for the purposes of this guidance?

Public comments are due by February 3, 2021, and can be submitted through the Federal Register.

If you’d like to submit a comment, please click here.

So, what do you think about the proposed changes? Let us know in the comments or on social media!