A Minnesota trucker recently petitioned the Federal Motor Carrier Safety Administration (FMCSA), asking for a five-year hours-of-service waiver that tests the agency’s commitment to pragmatic highway safety.
Papers filed in the Federal Register by the FMCSA, indicate Leland Schmitt Jr. requested a waiver because “the mandatory 10-hour off-duty break goes against his natural sleep patterns, as his normal nighttime sleep while in the CMV is between five to seven hours.” The filing notes that Schmitt is an owner-operator working with D&E Transport in Clearwater, Minnesota. He has reportedly been a professional CDL holder for upwards of three decades.
“This exemption is needed for health and safety reasons, and for the fact that I am 50 years old. I would be willing to submit to a one-year exemption, with an extension possible with no driving safety violations,” Schmitt reportedly stated in his filing. “The level of safety achieved by granting this exemption would be better than if complying with the regulations … because my body would receive the rest it needs, when it needs it. This would be achieved because, at the age of 50, I am able to recognize when my body needs rest and when I am safe enough to drive on the nation’s roadways. The level of safety under this exemption would be at least the same, if not more than it is now, based on my 30 years of safe driving experience.”
The case may prove challenging for an FMCSA and U.S. Department of Transportation that have loudly prioritized highway safety. Federal officials, including Transportation Secretary Pete Buttigieg and acting FMCSA administration Robin Hutcheson have advocated for speed limiters and a wide range of truck-related safety initiatives. While a waiver would likely reduce Schmitt’s driving fatigue, agencies are often hesitant to carve out exceptions to broad safety rules. The veteran driver went on to provide significant anecdotal evidence regarding his health and driving safety concerns.
“I fear my health is in jeopardy if I continue to comply with these regulations. In July of 2018, just six months after the instituting of the ELD, I suffered a heart attack, while driving down the road under a load. I recovered, fortunately, and was able to return to driving. However, as I age, I fear that if my body is not able to rest when it needs to, that I will have a repeat heart attack,” Schmitt reportedly stated. “I would not want this to happen again, going down the road. Granting this exemption would allow me to take rest/nap breaks as my body sees fit, and not be in violation of the 14-hour rule, which would penalize my ability to earn a living. I am also attaching a link to a sleep study by Massachusetts Institute of Technology, that finds no impact from more night sleep, though naps help.”
The FMCSA’s posting on the Federal Register indicates the case is open for public comment through July 11, 2022. Comments can be submitted by visiting the Federal eRulemaking Portal and using Federal Docket Management System Number (FDMS) FMCSA-2022-0099.
Sources: thetrucker.com
As soon as I figure out how to do it I’ll be doing the same
If it’s your health is in that bad of shape and u can’t get enough rest in 10 hour period. Seriously then quit driving. You’ve got problems buddy. And quit trying to get some BS excuse to change the rules. Abide by them or just quit. Bernaltrucking.
It’s not bs, dude. I seldom sleep over 6 hours, even at home, unless I’m sick or extremely tired. I don’t even need an alarm. Having to waste another 4 hours for the sake of somebody’s feel-good regulations is nonsense. Don’t try to set yourself up as ultra-holy for always gladly taking whatever stupidity the government wants to shove up your butt
Yes, I too have over 30 years out here to go with 7 million miles and never wrecked a truck
30 years and 7 million miles? So you had 4500 miles every single week of the year for 30 years, with not a single week off?
Lmfao. Who you trying to fool?
Sure thing just make up your own rules. God knows you owner operators are very safe all the time and don’t need regulation, especially concerning hours of service.
You dummies made your bed now lie in it.
Abide by the rules or quit-and buy a lawnmower; an even better owner operator business for dummies.
Not every person has the same sleep habits. A 1 rule fits all is ignorant. The 34 hour break is ignorant and they know it. The eld is a fraud and they know that also. If you want true safety every driver out here should be able to drive when their rested and sleep when they need rest. If they set a total number of hours per week to work and let the driver choose when to sleep and drive this industry would be much safer. Problem is companies push drivers for appts and drivers won’t stand up for their rights. This industry can be made much safer with common sense regulations not regulations pushed by the ATA and other ignorant groups and large companies
Putting more and more regulations on the professional driver to improve highway safety is like going after the law abiding, trained gun owners to reduce gun violence. Neither achieves the objective, but both score political points and look good on the nightly news. If improving the actuall safety on the highways was the true objective, putting speed limiters in cars of the amateurs, sobriety checking car ignitions, improved and repeating car driver training plus a technology to stop four wheeler idiots from texting and scrolling internet on their phones constantly while driving, would have immediate positive impact on the accident and death rates on our highways. It would make our job that much more safe too. But these solutions would not get a politician re-elected, so it will never be tried. Instead they will tighten, an already tight the leash around the truck driver’s neck.
Iam 54, and have excess of Mr. Leland, and from my experience ten hours is plenty off to sleep, eat and shower and be prepared to start the next driving day, if you cannot adopt to that, you are in the wrong job. Remember to alway be safe, and in doing so take care of yourself, eat right get enough sleep and stay off the phone and computer with limitations to what needs to be done.
But his experience is different from yours so what’s your point?
Why should we adopt to asinine rules? For you 10 hours is plenty…for another driver 8 is plenty! In Canada it’s 8 hours in sleeper berth by law and drivers are not fatigued or causing crashes
In Canada the sleeper berth is 8 hours..I also don’t need 10 hours of sleep as I usually wake up after 7 hours..they at FMSCA were talking of flexibility so they should let a driver take between 8 and 10 hours in the sleeper berth. If after 8 hours you feel good,then you should be able to drive; the other ” lazy” drivers can stay 10 hours sleeping and wasting time while the rest of us want to work.Like I said in Canada you must be in sleeper berth after 13 hours of driving! In Canada we are more productive
…as you get older you need less sleep…some drivers are good to go after 7,8 hours…some need 10….cant legislate the same hours for all drivers! What s with the 10 anyway? It’s an arbitrary number! In Canada it’s 8….8 is enough for otr driving…if you wanna sleep get a local job…if drivers aren’t rolling,what’s the point of going otr?!
Love it!
Finally someone is telling the FMCSA that because of their excellent safety record they should be able to judge when they are safe to drive.
There should absolutely be a waiver for drivers over 50 years of age that have 20+ years of driving with no violations/tickets/accidents. We only get to this place in our careers by making sound judgment calls on our physical and mental abilities to drive safely.
This is the very point that so many of these nay-sayer responders are missing here. It is about personal choice and judgement, not blanket draconian regulations that screw everyone.
I applaud Leland for sticking his neck out and trying to effect change and set up a precedent that others could then later pursue if they choose to.
Sheeple need to wake up and ready between the lines more.
If you’re all saying it means you’re supposed to be spending your 10 hours of rest in the truck then when/how do you log time showering or eating or just generally being off duty?
They must not know about 7&8 hour split, we have already,
“Safety”
Big Brother is not the least bit interested in the safety of the people. The object is always revenue and control.