Truck Driver Files For HOS Exemption

According to today’s FMCSA Federal Register, truck driver David Muresan has applied for an HOS exemption.

In his application, Muresan explains that he’s a team driver for CRST.  Muresan has requested he and his co-driver be exempt from HOS from the 14-hour rule, instead, Muresan has written his own set of suggested rules.

According to the Federal Register, Muresan feels that the current HOS rules do not “properly consider the unique nature of team operations.”

The FMCSA states that “Muresan has proposed that he be permitted to operate under HOS rules that he has designed. He believes that his HOS rules would better accommodate team operations without compromising safety.”

Under Mursean’s proposal, Muresan and his co-driver would be exempt from the 14-hour rule “without limitation,” making it legal for him or his co-driver to drive at any time without regard to the 14-hour operating window.

“Mr. Muresan states that CMV operations under his proposed HOS rules would be likely to achieve a level of safety equivalent to or greater than the level of safety as would be obtained in the absence of the exemption,” the Federal Register states. 

The Federal Register lists some of Muresan’s proposed “Exemption Rules,” and he has promised to obey them:

–  Mursean (and his co-driver, if operating as a team) would limit his driving time to 11 hours in a 24-hour period.

– If the exemption is granted, Mursean would “. . . drive between 3 to 11 hours followed by 2 to 10 hours of rest/sleep” and would be required to “. . . sleep at least 8 hours during 24 hours of service.” 

– “. . . the driver who is at rest/sleep has full authority to accept or not to drive again and has authority to decide if he is restored enough to drive again. The driver on duty cannot force the driver at rest/sleep to drive again if he/she does not want.”

– “. . . [a]llows the driver to drive again when [he or she] is restored and not hours after that. I mention that a driver cannot sleep 10 hours and after 6 hours is awaked and may soon become bored and will be sleepy about when will be the time to drive again.”

In addition, Muresan has also requested that the exemption allow him to use paper logs, even if his employer has equipped his truck with electronic logs.

Muresan has requested a 2-year exemption, the maximum time period for which an exemption can be granted.

As required by law, the FMCSA is seeking public comment on Muresan’s application for exemption.

Comments must be submitted by the end of the business day on January 16, 2014.

You may submit comments identified by Federal Docket Management System Number FMCSA-2013-0047 by any of the following methods:

  • Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments.
  • Fax: 1-202-493-2251.
  • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
  • Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, DOT Hq Building, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, between 9:00 a.m. and 5:00 p.m. e.t., Monday through Friday except Federal holidays.