Fireworks haulers receive limited hours-of-service exemption
The Federal Motor Carrier Safety Administration approved an exemption request that will allow fireworks haulers hours-of-service flexibility around the July 4 holiday.
In a notice that was published in the Federal Register on Thursday, June 26, FMCSA announced it was granting an exemption to the American Pyrotechnics Association. The exemption allows the drivers of the 44 APA-member companies to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour limit. Member drivers also can use paper logs instead of an electronic logging device.
The exemption is good each year from June 28 through July 8. It is set to expire after the 2029 fireworks season.
“FMCSA does not believe the drivers covered by these exemptions will experience any deterioration of their safety record,” the agency wrote in the notice.
As part of its request, the APA said that most fireworks displays are transported by pyrotechnicians in small rented or leased commercial motor vehicles. Driving makes up a small portion of the pyrotechnician’s day, the APA said.
Cost is another factor. Without the exemption, the APA said that its member companies would need to hire a second driver for most trips. That would “substantially increase the cost of the fireworks show.”
The exemption request received two comments – one in support and one opposed.
“This exemption is vital for the fireworks industry,” Paul Catucci wrote. “Over 80% of the business is done in less than two weeks.”
An anonymous commenter wrote that FMCSA should not grant the exemption because these drivers are hauling hazmat loads that could become a major incident if there were a crash.
FMCSA said it reviewed the member companies to ensure they have satisfactory safety ratings and valid hazmat permits.
APA is a trade group representing the domestic fireworks industry. Member companies have held waivers or exemptions during Independence Day periods since 2005. In its 2022 exemption application, the group said it works with 16,000 fireworks displays each year. LL