Fireworks haulers receive hours of service exemption

The Federal Motor Carrier Safety Administration has granted hours-of-service exemptions to 32 of the 45 member companies of the American Pyrotechnics Association on the Fourth of July.

The notice, which was published in the Federal Register on Dec. 28, specifically gives the 32 member companies relief from the 14-hour rule and the electronic logging device mandate during designated Independence Day periods.

As part of the request, the American Pyrotechnics Association noted that more than 16,000 fireworks displays are conducted annually and that the displays are spread out over 11 days. Member companies have held waivers or exemptions during Independence Day periods since 2005.

This exemption will take effect in 2023 and 2024 from June 28 through July 8.

“The exemptions will allow drivers for these companies to exclude off-duty and sleeper berth time of any lengths from the calculation of the 14-hour limit and to use paper records of duty status in lieu of ELDs,” FMCSA wrote in the notice.

Before granting the exemption, FMCSA said it conducted a comprehensive review of the safety performance history on each of the motor carriers. The review led the agency to deny 13 of the 45 member companies.

“FMCSA denies the exemptions for 13 APA-member companies,” the agency wrote. “FMCSA found that 12 member companies have vehicle and/or hazmat out-of-service order rates higher than the national average as of Aug. 9, 2022. The 13th member company was excluded because the company does not have a hazardous materials safety permit. Under these circumstances, FMCSA believes it would be inappropriate at this time to grant exemptions to these companies.”

The exemptions will be limited to fireworks haulers employed by the 32 motor carriers. Drivers covered by these exemptions will be able to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour limit. They also will be allowed to use paper logs instead of ELDs. LL