FMSCA Grants Hours of Service Exemption to Asphalt Haulers

In response to an application filed by the National Asphalt Pavement Association and supported by the American Road & Transportation Builder’s Association (ARTBA) Federal Motor Carrier Safety (FMCSA) announces its decision to grant the National Asphalt Pavement Association (NAPA) request for exemptions from two requirements of the hours-of-service regulations for all drivers of certain commercial motor vehicles

The first exemption will enable drivers engaged in the transportation of asphalt and related materials to use 30 minutes or more of on-duty ‘‘waiting time’’ to satisfy the requirement for the 30- minute rest break, provided they do not perform any other work during the break. The second exemption will allow these drivers to use the short-haul exception but return to their work reporting location within 14 hours instead of the usual 12 hours.

Because FMCSA has generally applied a “one-size-fits-all” approach for HOS rules to all CMV drivers, the rules unnecessarily include short-haul drivers transporting construction materials and equipment to active construction sites– even though they are not long-haul drivers.

Construction worker standing by asphalt machine

NAPA submits the following example:

A driver drives 55 air-miles from the work reporting location to Site A to deliver a piece of equipment or material, immediately excluding the construction material delivery exemption for a 24-hour restart. Once the driver arrives at Site A, the equipment is unloaded, and the driver begins to perform work related duties (on-duty but not driving). After a few hours, the driver drives the empty truck another 50 airmiles, away from its start location, to pick up another piece of equipment or material at Site B. At Site B, the driver works (on-duty but not driving) and loads the product onto the truck before returning to his work reporting location and unloading the product. Because the driver has exceeded the 100 air-mile radius and potentially worked past 12 hours, the short-haul 100 air-mile radius logging exemption is similarly voided, and the driver is still required to comply with the 30-minute break – even though those hours were not all spent driving.

The decision to grant the exemptions is a significant win for ARTBA and NAPA and will improve safety, practicality and efficiency.

This exemption is applicable January 26, 2018 and expires January 25, 2023 at which time an extension is expected to be filed.