The Federal Motor Carrier Safety Administration (FMCSA) had ruled against a truck driver’s request for personal exemption from several provisions of federal Hours of Service (HOS) rules.
Trucker Asked FMCSA for Exemption From Four HOS Provisions
Late last year, the FMCSA announced that trucker Wayne Moore, Jr. officially requested 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 asked the FMCSA for exemption from:
- The requirement for 10 consecutive hours off duty
- The 14 hour “driving window”
- The 30-minute break requirement
- 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.
The exemption would have been effective for five years if approved and would only have applied to Moore.
According to FMCSA documents, Moore said he has 25 years of experience as a commercial motor vehicle operator and currently works for a large trucking company based in Indiana.
FMCSA Say HOS Exemption Would Not Maintain or Improve Highway Safety
In a notice to be published in the Federal Register on February 23, FMCSA announced that it would not permit Moore to receive the regulatory relief he requested.
“FMCSA analyzed the application and public comments and determined that the exemption would not achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption,” the agency said.
The FMCSA reported receiving 79 comments on Moore’s exemption request. Thirty supported the request, thirty opposed the request, and the rest offered no position for or against the request.
“Mr. Moore failed to explain how he would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption,” the FMCSA concluded.
The FMCSA has received personal HOS exemption requests from multiple truckers in the past year. So far, it has denied all of the requests.