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FMCSA seeking comments in ATA exemption request

By The Trucker News Services
Posted May 1st 2015 12:03PM

Stating that regulations that require drivers hauling placarded loads of hazardous materials to be "in attendance" of the vehicle directly conflict with an Hours of Service (HOS) regulation prohibiting driving after eight hours without a 30-minute break, the American Trucking Associations (ATA) has applied to the agency for an exemption to the break requirement for those drivers.

ATA requested the exemption on behalf of all motor carriers that transport hazmat shipments requiring security plans.

Current regulations prohibit commercial motor vehicle (CMV) drivers from driving a CMV if more than eight consecutive hours have passed since the driver's last off-duty or sleeper-berth period of 30 minutes or more.

The ATA contends that drivers of placarded loads are forced to choose between the requirement to attend the vehicle and the requirement for a 30-minute break. Since FMCSA regulations require that all time in attendance be recorded as "on-duty, not driving," the driver cannot log "off-duty" to meet the requirement of the break.

The result can be confusion among drivers, carriers, and law enforcement officials.

Under the ATA proposal, a 30-minute period attending the vehicle would count as the required break, permitting the driver to continue driving when the break is over.

The 30-minute period, logged "on-duty, not driving," would still count towards the 60 or 70-hour on-duty limit requirement. Rest breaks that are recorded as "off-duty" do not count towards this rule.

The ATA contends that allowing these drivers to count up to 30 minutes of their attendance time toward a required rest break, provided they perform no other on-duty activities during the break, would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation.

As a routine part of the rulemaking process, the FMCSA is requesting comments on the proposal. The proposal is identified by Federal Docket Management System Number FMCSA-2015-0012. Comments may be submitted online on the Federal eRulemaking Portal at regulations.gov, faxed to 202-493-2251 or mailed to the Docket Management Facility, U.S. DOT, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12-140, Washington DC, 20590-0001.

All submissions must include the Agency name and docket number. Privacy and other information is available at the eRulemaking website.

The Trucker staff can be reached to comment on this article at [email protected].

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