Veteran trucker asks FMCSA for a personal 5 year exemption from several HOS requirements

The Federal Motor Carrier Safety Administration (FMCSA) has received yet another Hours of Service exemption request from a truck driver looking for regulatory relief for himself only.

In a Notice to be published in the Federal Register on December 1, 2022, the FMCSA announced the reception of a request from trucker Wayne Moore, Jr. to be exempted from four provisions of Hours of Service requirements because “the applicant believes that his safe driving record and experience demonstrate an equivalent level of safety.”

Moore’s request is for himself only and would expire in five years if granted.

Moore asked the FMCSA for exemption from:

1. The requirement for 10 consecutive hours off duty
2. The 14 hour “driving window”
3. The 30-minute break requirement
4. The 70 hours-in-8-days limit

“The applicant states that he would like the ability to split off-duty time into periods that are more conducive to proper rest and sleep without having to comply with the HOS regulations,” the FMCSA said.

According to FMCSA documents, Moore has 25 years of experience as a commercial motor vehicle operator and currently works for a large trucking company based in Indiana.

The FMCSA will accept public comment on the HOS exemption request after the Notice is published in the Federal Register on December 1. You can click here to view the Notice and submit a comment after the publication date.

In November 2022, the FMCSA denied a similar request for exemption from truck driver Leland Schmitt, Jr. Schmitt argued that HOS requirements “go against” his natural sleep patterns. The FMCSA said that they opted to ultimately deny the petition because “Mr. Schmitt failed to establish that he would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption.”

Another similar request for HOS exemption from trucker Ronnie Brown III is still pending.