Hours of service not working for everyone; companies seek exemptions

A pair of companies contend that the Federal Motor Carrier Safety Administration’s hours-of-service regulations aren’t one size fits all.

That’s why both companies have submitted exemption requests seeking relief from portions of the agency’s hours-of-service requirements.

Current regulations prohibit property-carrying commercial motor vehicle drivers from operating without first taking 10 consecutive hours off duty. Additionally, the driver is limited to no more than 11 hours of driving time within a 14-hour period.

Lone Star Hazmat Response

Lone Star Hazmat Response, a company based in Tyler, Texas, provides environmental cleanup and related emergency response services to state and federal agencies, including the Texas Department of Transportation and the Drug Enforcement Administration.

In a notice set to be published in the Federal Register on Tuesday, June 30, the company requests an exemption allowing its “field response” drivers to exceed hours of service so they can return home.

“These operations are unpredictable in timing and duration and require immediate deployment at all hours of the day and night,” the notice states.

In its application, the company said its drivers are dispatched only when they have sufficient hours available at the time of dispatch. The company added that, due to the unpredictable duration of incident response operations, drivers may exceed their hours-of-service limits while performing response activities.

Lone Star asked the agency to allow the drivers to exceed hours-of-service limits “solely for the purpose of returning to their normal work reporting location or residence after completion of hazardous materials incidents, environmental cleanup and emergency response operations.”

The company estimated that the exemption would be utilized four or five times per month.

Mainline Services

Mainline Services is a full-service railroad construction, maintenance-of-way and emergency response contractor operating seven divisions across the United States. The company provides services for emergency derailment, railcar dismantling, track construction and maintenance, heavy equipment recovery, disaster response and rail infrastructure support.

In a notice that is scheduled to be published in the Federal Register on Tuesday, June 30, Mainline seeks an exemption for its employees who transport equipment used to clear derailed or disabled trains or debris blocking tracks when they are responding to unplanned events.

Specifically, Mainline wants a five-year exemption from the 14-hour driving window, as well as the rules that limit 60 hours in seven days and 70 hours in eight days.

In its application, Mainline told the agency that hours-of-service limitations can cause “significant delays in restoring rail service and addressing public safety hazards.”

The company said the exemption will not compromise safety as it maintains comprehensive training and driver awareness programs, safety supervision and fatigue management policies. Additionally, drivers travel in convoys with escort vehicles positioned at the front and rear. Supervisors also conduct radio checks every 30-45 minutes that require each driver to confirm their status.