Excerpted from regsense.com:
Off-Duty Authorization No Longer Required
Prior to the new hours-of-service rules that went into effect July 1, 2013, DOT Interpretation—§395.2, Question 2, listed four conditions that must be met for a driver of a CMV to record meal and other routine stops as off-duty time. One of those conditions was that, “If the driver has been relieved from duty, the duration of the relief from duty must have been made known to the driver prior to the driver’s departure in written instructions from the employer.”
This guidance, written April 4, 1997, was deemed by the FMCSA to be no longer necessary, as the language is “out-of-date and no longer provides practical assistance to motor carriers attempting to achieve compliance with the new HOS rules.” They also determined the language was overly restrictive and inconsistent with the new hours-of-service rules.
The new revision of regulatory guidance by the FMCSA became effective July 12, 2013. This guidance made it clear that the motor carrier does not have to issue formal instructions, verbal or written, to their drivers with regard to time and locations where rest breaks may be taken to be considered off duty.
The regulatory guidance for §395.2 now states the conditions for a driver to record meal and other routine stops, including a 30-minute rest break as off-duty time provided:
The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.
This allows the driver to stop working and carry out their own personal interests or activities, irrespective of whether the driver has the ability to leave a location, and record this time as off duty.