FMCSA accepting comments on trucker’s hours exemption request

December 30, 2022

Mark Schremmer


In recent months, several individual truck drivers have asked the Federal Motor Carrier Safety Administration for an hours-of-service exemption, citing their experience and safety records.

The latest request came from Wayne Moore Jr. on Nov. 30. FMCSA will be accepting comments on Moore’s exemption application through Jan. 3.

Moore, who works for a transportation company in Indiana, has been a truck driver for more than 25 years. As part of his application, Moore said he believes that his safe driving record and experience would demonstrate an equivalent level of safety.

Specifically, Moore wants exemptions from the requirement for 10 consecutive hours off duty, the 14-hour driving window, the 30-minute break requirement, and the 70 hours in eight days limit.

According to FMCSA, Moore said he would like the ability to split off-duty time into periods that are more conducive to proper rest and sleep without having to comply with the current hours-of-service regulations. The exemption would apply only to Moore.

As of Dec. 30, the agency received 37 comments to the website.

Clyde Hammond Jr. told the FMCSA that special consideration should be given to drivers who have proven they can operate safely for an extended period.

“I whole heartily agree that drivers who have over five years and still have perfect records before his CDL and during his professional career should have the opportunity to be exempt of hours of service by putting a test program to evaluate their driving with no hours of service,” Hammond wrote. “If still safe, allow.”

Comments on Moore’s request can be made here, or by going to and entering Docket No. FMCSA-2022-0199.

Other requests

Moore isn’t the only individual trucker who has asked FMCSA for an hours-of-service exemption.

In June, Leland Schmitt Jr. asked the agency for a five-year exemption from several of the provisions in the hours-of-service rules. Schmitt pointed to his safe driving record and 30 years of experience as reasons for the exemption. He noted that he has not been involved in any crashes and that he has accumulated more than 3 million safe driving miles during his career as a trucker. FMCSA denied Schmitt’s request in November.

In August, another truck driver asked for an exemption, citing his experience.
Ronnie Brown III, who works for Gray Transportation out of Waterloo, Iowa, argued that FMCSA’s hours-of-service regulation is a one-size-fits-all rule that doesn’t mesh well with his natural sleep patterns.

As of Dec. 30, FMCSA had not announced a decision on Brown’s application. LL