The Federal Motor Carrier Safety Administration has renewed an exemption that gives McKee Foods Transportation’s team drivers expanded split sleeper berth options.
In a notice that was published in the Federal Register on Wednesday, April 9, FMCSA granted the Tennessee-based trucking company an exemption that allows its team drivers to split their sleeper berth time into two periods as long as neither is less than two hours. The company has operated under the exemption since 2015.
With the exemption, team drivers for McKee Foods can use split sleeper berth options of 8/2, 7/3, 6/4 and 5/5. Current hours-of-service regulations allow only splits of 8/2 and 7/3.
FMCSA granted the specific exemption to McKee Foods’ team drivers but said that it lacks sufficient data to allow 6/4 and 5/5 splits to all motor carrier operations.
“With respect to MFT’s operations, however, MFT has operated under the exemption with specific terms and conditions, including a 26-hour off-duty period every week and daily driving time limit of 10 hours since March 2015,” the agency wrote in the notice. “FMCSA has not observed any adverse safety impact from MFT’s operation under the exemption for 10 years.”
In its original exemption application, the company said that its drivers average 53 hours per week on the road. In addition, it said the additional split sleeper options provide a “more flexible work pattern” for both drivers.
FMCSA received 63 comments – 41 in support, 13 opposed and nine neutral – in response to McKee Foods’ exemption request.
The Truck Safety Coalition, Parents Against Tired Truckers and Citizens for Reliable and Safe Highways all wrote in opposition. The three organizations noted that FMCSA found in its 2020 hours-of-service rulemaking that short sleeper berth increments were not sufficient to obtain restorative rest and that the agency denied a recent request from truck driver Matthew Kilmer.
“With regard to comments about the agency’s denial of Matthew Kilmer’s application, Mr. Kilmer requested an exemption allowing himself as a driver and all other CMV drivers to use a 5/5 sleeper berth split,” FMCSA wrote. “The agency denied the exemption because the applicant failed to explain how he would likely achieve a level of safety equivalent to the current regulatory requirements. Unlike Matthew Kilmer’s application for exemption, MFT provided a list of safety protocols.”
McKee Foods’ exemption will run through April 20, 2030. LL
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