Groups seek relief from new FMCSA rule

A new rule from the Federal Motor Carrier Safety Administration to reduce the amount of regulatory relief granted took effect in December. However, the Owner-Operator Independent Drivers Association and the National Propane Gas Association have petitioned the agency to reconsider the rule.

When emergency declarations are issued, states often grant regulatory relief to truck drivers as a way to expedite recovery. FMCSA’s final rule reduced the amount of time that can be granted. Under the previous rule, the window was 30 days. The new timeframe is only 14 days.

FMCSA initially proposed a five-day window but later landed on 14 days following a comment period.

OOIDA and NPGA wrote FMCSA Administrator Robin Hutcheson in December to ask that the rule be reconsidered.

“As multiple states have acknowledged in recent comments, governors need to waive hours of service to combat significant winter weather and other natural disasters,” the letter stated.

North Dakota is one of the states that has spoken out against the rule change.

“North Dakota heavily depends on CDL drivers, and as a rural state, it is critical that we be able to move products and get resources to where they are needed most,” North Dakota Gov. Doug Burgum said. “Sometimes you have to ask yourself, ‘What problem is the federal government trying to fix?’ In this case, I don’t even see a problem. It certainly doesn’t exist in our state.”

OOIDA and NPGA said that a 14-day window is insufficient and noted that FMCSA acknowledged there was no evidence that the hours-of-service waivers have deterred safety.

That proposal received significant pushback from OOIDA, state departments of transportation and the American Association of State Highway and Transportation Officials. LL