The FMCSA this week announced its decision to grant the ATA’s exemption request for motor carriers transporting security-sensitive hazardous materials.
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 FMCSA states that exempt drivers may now count their on-duty attendance of hazmat loads toward the required 30-minute rest break requirement “provided they perform no other on-duty activity.”