The Federal Motor Carrier Safety Administration has rejected a pair of exemption requests involving hours-of-service regulations for commercial drivers.
Both notices of denial were published in the Federal Register on Tuesday, Dec. 2.
National Propane Gas Association
In July, the National Propane Gas Association asked for a winter exemption from the hours-of-service rules.
Current regulations limit truck drivers to 11 hours of driving during a period of 14 consecutive hours following 10 consecutive hours off duty.
NPGA’s request was for a seasonal exemption from Dec. 15 to March 15 each year. The exemption would allow its drivers to operate up to 12 hours per day and be on duty up to 15 hours per day without weekly limits. Additionally, the group asked for a 24-hour restart rather than 34 hours.
In its application, the propane group cited extreme temperatures from last winter and drivers reaching weekly operating limits in four days.
FMCSA received 31 comments on the exemption request, with 22 in support, eight in opposition and one who requested an extended comment period.
The Owner-Operator Independent Drivers Association opposed the request, saying the “blanket waiver” would not be good for safety.
“The emergency waivers FMCSA routinely issues should provide adequate flexibility for emergency situations,” OOIDA wrote in comments signed by President Todd Spencer. “We certainly recognize the importance of NPGA members’ work that sustains critical functions through access to propane and propane accessories, but we do not feel overly broad relief from hours-of-service regulations is warranted for these types of operations. We encourage FMCSA to work with NPGA to readily identify potential hazardous conditions during winter months to ensure emergency waivers can be granted as necessary.”
FMCSA seemed to agree with OOIDA, noting that the agency already “has an existing process to issue emergency declarations and hours-of-service waivers.”
FMCSA also denied a similar request from NPGA in 2023.
Protein Transport of Indiana
Protein Transport, a chicken hauler based in Indiana, also asked FMCSA for an hours-of-service exemption request in July.
The exemption would allow the company’s drivers to operate under an agricultural provision, which provides regulatory relief for the transport of certain products within a 150 air-mile radius.
Citing the avian flu and other supply chain issues, the company said it needs the exemption because it has encountered difficulties securing and retaining the required number of truck drivers to maintain operations.
In its application, Protein Transport said the exemption would not compromise safety because it would “check and monitor” its power units every 10,000 miles and perform an oil change every 15,000 miles. In addition, the carrier said that its drivers have been instructed to inform management when they need to take a break for any reason.
FMCSA received three comments on the request, with all of the commenters opposed.
The Truck Safety Coalition said that the application “conspicuously lacks a single countermeasure that combats driver fatigue.”
FMCSA denied the application, saying that the transportation of chicken does not qualify under the ag exemption and that Protein Transport failed to provide any support for how it would maintain safety under the exemption. LL
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