Earlier this year, ACPA’s Hours of Service (HOS) Task Force crafted and submitted a request for an exemption from the Federal Motor Carrier Safety Administration’s (FMCSA) driver hours of service (HOS) requirements. FMCSA published the ACPA request for exemption in the Federal Register (83 Fed. Reg. 45300), and in response to ACPA’s application, the FMCSA invited comments on the Regulations.gov website.

In general, ACPA’s petition seeks exemption for the concrete paving industry from:  The 30-minute break requirement (49 C.F.R. § 395), and the 12 hour daily on-duty limit on the short-haul exception ( 49 C.F.R. § 395.3(a)(3)(ii)). 

As the close of the comment period (at midnight last night), 28 comments were posted, with 17 coming from industry, including ACPA contractor members. ACPA was also able to garner support from AGC and ARTBA, which also posted comments. 

ACPA thanks the members and non-members, along with AGC and ARTBA officials, who submitted comments in support of this important exemption. ACPA also thanks the association’s HOS Task Force members for their guidance and support in developing the requested exemption.