Should Exemptions be Given to Hours-of-Service Rule?

roadscholar88 · Jul 8, 2014

For years, the FMCSA has granted exemptions from the hours-of-service rule for a two-week period surrounding the Fourth of July, that would allow drivers to exclude the time they spend sleeping or off-duty during their shifts as well as include the time they spend waiting for the fireworks to wrap up. Trucker safety advocates are arguing that the agency has ignored serious safety violations from numerous carriers in doing so. Should the FMCSA be allowed to provide exemptions such as these at the risk of jeopardizing safety in order to speed up deliveries?

SemperFiServices · Jul 8, 2014

Sounds kinda like a trolling question..... there is no risk of "jeopardizing safety" from the drivers- it's the FMCSA that forces drivers to do all their days' work in this stupid little 14 hour window. That's where the jeopardizing of safety happens. I.E.- if I was tired, and felt a short 3 hour naps would benefit me, because of the FMCSA's 14 hr mandate, I gotta suck it up and drive even though tired to make a deadline AND ensure I do my 10 hr off duty time. Do you think when I was in the Marines I was "forced to take 10 hours" of off duty time in between operations LMAO!!! And I was driving Humvees, at night, in open desert, with guns on top, yeah, real safe.

otherhalftw · Jul 8, 2014

say what.....???????

trolling for takers on the hook I think!

KenworthGuyNH · Jul 8, 2014

The only summertime HOS exemptions "that I can recall" being granted.............is for livestock hauling only.
View attachment 68465

otherhalftw · Jul 8, 2014

I'm pretty sure they would grant a little extension for a snow storm in July!

Rooster1291979 · Jul 8, 2014

FEMA loads.

SemperFiServices · Jul 8, 2014

Yep, FEMA is the only exemptions I can think about. And I still don't see how it's fair to other truckers forced to follow the rules when the fed says it's OK for others to break the rules. Emergency blah blah blah. A true professional shouldn't have to be told when it's time to shut down.

roadscholar88 · Jul 8, 2014

http://thehill.com/regulation/trans...afety-rules-eased-as-truckers-rush-to-deliver

CondoCruiser · Jul 8, 2014

383.3

(g) Restricted CDL for certain drivers in the pyrotechnic industry.
(1) A State may, at its discretion, waive the required hazardous materials knowledge tests of subpart H of this part and issue restricted CDLs to part-time drivers operating commercial motor vehicles transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives.

(2) A State issuing a CDL under the terms of this paragraph must restrict issuance as follows:
(i) The GVWR of the vehicle to be operated must be less than 4,537 kilograms (10,001 pounds);
(ii) If a State believes, at its discretion, that the training required by § 172.704 of this title adequately prepares part-time drivers meeting the other requirements of this paragraph to deal with fireworks and the other potential dangers posed by fireworks transportation and use, the State may waive the hazardous materials knowledge tests of subpart H of this part. The State may impose any requirements it believes is necessary to ensure itself that a driver is properly trained pursuant to § 172.704 of this title.
(iii) A restricted CDL document issued pursuant to this paragraph shall have a statement clearly imprinted on the face of the document that is substantially similar as follows: For use as a CDL only during the period from June 30 through July 6 for purposes of transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives in a vehicle with a GVWR of less than 4,537 kilograms (10,001 pounds).

(3) A restricted CDL issued pursuant to this paragraph shall meet all the requirements of this part, except those specifically identified. A restricted CDL issued pursuant to this paragraph shall be accorded the same reciprocity as a CDL meeting all of the requirements of this part. The restrictions imposed upon the issuance of this restricted CDL shall not limit a person's use of the CDL in a non-CMV during either validated or non-validated periods, nor shall the CDL affect a State's power to administer its driver licensing program for operators of vehicles other than CMVs.

(4) Restricted CDLs shall have the same renewal cycle as unrestricted CDLs, but shall be limited to the seasonal period of June 30 through July 6 of each year or a lesser period as defined by the State of licensure.

(5) Persons who operate commercial motor vehicles during the period from July 7 through June 29 for purposes of transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives in a vehicle with a GVWR of less than 4,537 kilograms (10,001 pounds) and who also operate such vehicles for the same purposes during the period June 30 through July 6 shall not be issued a restricted CDL pursuant to this paragraph.
Click to expand...

Restricted CDLs can't hold an unrestricted CDL. They can only drive class B and class C vehicles. They have to stay within 150 miles. They can only haul < 500 lbs of fireworks.

This basically covers local distribution. OTR distribution in an 18 wheeler must be fully hazmat qualified and abide by the FMCSA regulations and HOS.

Another media outlet taking things out of text and doesn't know the regulation.

http://www.fmcsa.dot.gov/regulations/title49/section/383.3

KenworthGuyNH · Jul 8, 2014

OK............if we are going to actually discuss this: I think it's a great thing. It actually makes SENSE..........and allows them to stop the 14 hr clock while OFF DUTY or in the bunk........it does NOTHING to the rest of the HOS...........can't drive all you want etc.........it's MUCH different than some FEMA exemptions or even the propane exemptions in the winter.

"THE HILL".........puffy rubbish.......great reporting HA!! Here's a link to the FMSCA doc

http://www.gpo.gov/fdsys/pkg/FR-2014-06-27/pdf/2014-15043.pdf

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