FMCSA Approves HOS Exemptions
- Tuesday, 05 February 2019 14:37
ACPA received notice yesterday that the Federal Motor Carrier Safety Administration (FMCSA) has approved our request for two exemptions to the agency’s hours of service (HOS) regulations.
The two exemptions are related to the 30-minute break requirement and the 12 hour daily on-duty limit on the short-haul exception. More specifically, the exemptions:
- Enable drivers transporting ready mixed concrete and related materials and equipment in vehicles other than those outfitted with rotating mixer drums, to use 30 minutes or more of on-duty ‘‘waiting time’’ to satisfy the requirement for the 30- minute rest break, provided they do not perform any other work during the break.
- Allow drivers to use the short-haul exception but return to their work reporting location within 14 hours instead of the prescribed 12 hours.
Please note that drivers must keep a copy of the Fed. Reg. notice in their truck cabs at all times to give to enforcement officials to preclude any confusion about what rules apply. The exemptions also preempt any state or local HOS regulations to the contrary. Finally, drivers must return to the work reporting location and be released from work within 14 consecutive hours.
The exemptions are applicable starting today, February 6, and expire on February 6, 2024. Please click here to view the FMCSA’s notice of final disposition and grant of the application for exemptions, as published in the Federal Register.
As reported previously in ACPA TODAY, ACPA last year formed an Hours of Service (HOS) task group, which crafted and submitted the petition for proposed exemptions to FMCSA’s HOS requirements. FMCSA published ACPA’s exemption request and invited comments. ACPA members and affiliates posted comments in support of the petition, as did AGC & ARTBA officials, at ACPA’s request.
ACPA thanks the HOS task group members, along with Association members and non-members. We also extend thanks to officials from AGC and ARTBA for their support of this effort.
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ACPA Takes a Stand on Hours of Service
- Wednesday, 10 October 2018 08:05
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.
Construction Industry Allies Discuss Hours of Service
- Tuesday, 31 July 2018 21:07
ACPA was among 10 transportation construction associations that met Tuesday (July 31) to discuss the Federal Motor Carrier Safety Administration’s (FMCSA) drivers’ Hours of Service (HOS) regulations.
The objective was to discuss ongoing efforts within the construction industry to address the regulations and to determine next steps and other future actions.
The group discussed the Honest Operators Undertake Road Safety Act, or HOURS Act (HR6178), a bill sponsored by Rep. Eric A. “Rick” Crawford* (R-AR-01). The group plans to meet with the Congressman’s office to assess the full intent of the bill and to understand the extent to which it offers HOS regulatory relief for the construction industry.
“The common denominator among our construction industry allies is we are all looking for relief and flexibility related to HOS regulations,” according to Leif Wathne.
Wathne shared ACPA’s efforts, which included an ACPA Board-approved plan to develop and submit a petition for exemption from the 30-minute break requirement and 12-hour limit on short haul exceptions. The petition was submitted to the FMCSA on June 12, and ACPA expects to see a formal response sometime in late December.
Further discussions will focus on whether to support the HOURS Act, as well as whether a broader construction industry exemption needs to be pursued.
* Rep. Crawford serves as Subcommittee Chairman on House Agriculture Committee’s General Farm Commodities and Risk Management, as well as the House Transportation & Infrastructure Committee where he is a member of the subcommittees on Highway and Transit, Water Resources and Environment, and Economic Development.