In this week’s Federal Register, the FMCSA announced the American Trucking Association (ATA) has applied for an exemption that prohibits CMV drivers from driving a commercial vehicle if more than 8 hours have passed since the driver’s last off-dury or sleeper-berth period of 30 minutes or more.
The ATA made the HOS exemption request on behalf of all drivers who are transporting hazmat shipments that require security plans that are regulation under the Pipeline and Hazardous Materials Safety Administration (PHMSA).
“These plans normally require a driver to ‘attend’ such cargo while the CMV is stopped, which would be an on- duty activity. This forces drivers to choose between FMCSA’s off-duty rest break requirement and compliance with PHMSA’s security plans, many of include an on-duty ‘attendance’ requirement,” the Federal Register notice states.
The ATA has requested that drivers how are transporting hazmat loads that require security plans to be allowed to count their on-duty “attendance time” toward their required 30-minute rest break.
The FMCSA is seeking public comment on this exemption request.