Tag Archives: HOS

FMCSA Publishes Final Hours of Service Rule

The Federal Motor Carrier Safety Administration (FMCSA) published the final Drivers Hours of Service Rule last Thursday.

The final rule allows truckers who drive short distances to drive up to 14 hours instead of 12 hours. In February 2019, ACPA successfully advocated for an exemption for concrete paving operations. Leif Wathne worked with ACPA contractors and led an effort to collect and report comments during the rulemaking period.

“Under the final rule, time spent loading and unloading a truck will be counted as breaks from driving,” says Jerry Voigt.

“Broadly speaking, we are very happy with the final rule as announced,” he says, adding, “While it did not create a uniform construction industry exemption that a coalition of industry groups—including ACPA—would have liked to see, the rule has essentially made permanent the 5-year exemptions ACPA was granted in February 2019.” Jerry’s commented on the rule in this week’s “3 Minutes on Monday,” our weekly video report to members.

Click here to see the video report for Monday, May 18. Click here to see the final HOS rule.

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Follow this link to see ACPA’s government affairs repository.

ACPA and Construction Groups Weigh in on HOS Regs

In a recent move aimed at representing the construction industry’s interests on the issue of hours-of-service (HOS) regulations, ACPA and other leading  industry associations have communicated  important perspectives to inform and influence the HOS rulemaking process.   

The “Construction Coalition,” comprised of 15 construction associations, submitted comments to Federal Motor Carrier Safety Administration (FMCSA) Administrator Raymond P. Martinez earlier this week.  Click here to see the coalition’s comments.

ACPA emphasized the points that the concrete pavement operations — from trasnport from central-mix plants to finals saw cutting — are extremely time-sensitive, as the concrete is extremely perishable.  Noting that state agency specs typically limit time betweeen mixing and discharge at the paving site to less than 60 min. “As a  result, all of these operations must be carefully managed to ensure the quality of the pavement.”

ACPA staff and members have been actively involved in presented comments aimed at informing officials of concrete pavement industry specific needs related to hours of service regulations.  

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* The Construction Coalition is comprised of the following organizations:  American Concrete Pavement Association, American Pipeline Contractors Association, American Road & Transportation Builders Association, Associated Equipment Distributors: Associated General Contractors of America: Distribution Contractors Association: FP2 (which counts among its contributors ACPA and IGGA): National Asphalt Pavement Association: National Electrical Contractors Association: National Ready Mixed Concrete Association: National Stone, Sand and Gravel Association; National Utility Contractors Association; Pipe Line Contractors Association; Portland Cement Association; and Power and Communication Contractors Association.

Follow this link to see ACPA’s government affairs repository.  To see additional articles about ACPA’s responses to HOS rulemaking and regulations, type “Hours of Service” in the search feature on our home page.

 

FMCSA Amends HOS Requirements

The Federal Motor Carrier Safety Administration (FMCSA) last week formally amended some outdated hours-of-service (HOS) requirements, removing provisions that required 34-hour restart, which included two periods between 1 a.m. and 5 a.m. The requirement also limited the use of a restart to once every 168 hours.

In a series of appropriations acts, Congress suspended the provisions, pending completion of a naturalistic study.  Completed in 2017, the study found no statistically significant benefits from the restart rule. A 2017 appropriations act voided the restart rules, but the provisions remained in the Code of Federal Regulations until last week. The FMCSA’s action on September 12 was intended to avoid confusion. 

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Follow this link to see ACPA’s government affairs repository.

ACPA Takes a Stand on Hours of Service

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.

 

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