FMCSA extends Hours-of-Service relief for oversized load haulers

The Federal Motor Carrier Safety Administration (FMCSA) will extend regulatory relief for certain commercial motor vehicle (CMV) drivers hauling oversized or overweight loads.

This week, FMCSA announced that it will renew a rule exemption requested by the Specialized Carriers & Rigging Association (SC&RA) through June 17, 2030.

This exemption was first granted on June 18, 2015 and later extended through June 17, 2020.

Under the exemption, drivers for all specialized carriers transporting permitted loads that exceed normal weight and dimensional limits—oversize (OS) or overweight (OW) loads, or both — are exempted from the minimum 30-minute rest break provision of FMCSA’s Hours-of-Service (HOS) regulations.

The exemption applies only to loads being moved in interstate commerce.

From FMCSA:

“According to SC&RA the 30-minute break uniquely affects OS/OW loads and has exacerbated the number of instances in which drivers have had to park these loads at roadside, consequently impacting the safety of both the general public and the driver. The renewed exemption would apply to all specialized carriers and drivers responsible for the transportation of loads that exceed maximum legal weight and dimensional limits—OS/OW loads—that require a permit issued by a government authority. The hours of operation in which a driver may move an OS/OW load on a valid permit vary tremendously from State to State, and even among local jurisdictions within a State, differ in terms of the days of the week and hours of the day when transit is allowed. Because hours in which an OS/OW load can travel are restricted by permit requirements, those hours will often conflict with the timing of the required 30-minute rest break.

SC&RA specifically cites four instances demonstrating this conflict. As less space is available for parking OS/OW trucks, specialized tractor/trailer combinations transporting OS/OW loads will increasingly be parked alongside interstate or other highways and ramp shoulders, further compromising their safety and the safety of the general public on the roadways.“

“FMCSA therefore concludes that renewing the exemption granted on June 24, 2020, for another five years, under the terms and conditions listed below, will likely achieve a level of safety that is equivalent to, or greater than, the level of safety that would be achieved absent the exemption,” officials said.

Drivers operating under this exemption must carry a copy of the exemption document to present to law enforcement upon request, and any motor carrier utilizing this exemption must notify FMCSA within 5 business days of any positive drug or alcohol tests, or accident involving any of the motor carrier’s CMVs operating under the terms of this exemption.

FMCSA says the exemption could be rescinded if SC&RA or the drivers operating under the exemption fail to comply with the terms and conditions of the exemption or if the exemption results in a lower level of safety than was maintained before it was granted.