Motor carriers transporting security-sensitive hazardous materials (HM) requiring a security plan are being granted an exemption from the federal hours-of-service (HOS) regulations that prohibit commercial motor vehicle (CMV) drivers from driving a CMV if more than eight consecutive hours have passed since the driver's last off-duty or sleeper-berth period of 30 minutes or more. Published by the Federal Motor Carrier Safety Administration, the exemption was effective August 21 and expires on August 21, 2017.
American Trucking Associations Inc (ATA) requested the exemption on behalf of all motor carriers that transport certain HM shipments requiring security plans under regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA). Working with ATA over the past two years on the exemption was National Tank Truck Carriers.
“While certainly a long time coming, this rest break exemption makes great sense for the industry and the public at large,” says Dan Furth, NTTC president. “Our fleets travel shorter lengths of haul with products that should never be left unattended. This move by the Feds shows that safety sometimes wins in the regulatory process, and thanks are due to our partners who helped us press this case for over two years.”
The PHMSA-mandated security plans normally require a driver to attend such cargo while the CMV is stopped, which is an on-duty activity under the HOS rules. Exempt drivers may now count their on-duty attendance of HM cargo toward the required 30-minute rest break requirement provided they perform no other on-duty activity.
This exemption parallels Section 395.1(q) of the Federal Motor Carrier Safety Regulations (FMCSRs) that allows drivers who are attending loads of certain explosives to count on-duty attendance time toward their rest break so long as they engage in no other on-duty activity.
Drivers must have a copy of the exemption document in their possession while operating under the terms of the exemption and must present it to law enforcement officials upon request.