Truck drivers transporting oversize loads receive rest break exemption

Truck drivers transporting oversize and overweight loads will continue to receive an exemption from FMCSA’s 30-minute rest break requirement.

The Federal Motor Carrier Safety Administration announced in a notice that is scheduled to be published in the Federal Register on Friday, June 20 that it granted the Specialized Carriers & Rigging Association a six-month provisional renewal of the exemption from the hours-of-service regulations.

The provisional renewal is set to expire Dec. 17. Meanwhile, FMCSA will accept comments from the public before determining whether to renew the exemption through June 2030.

SC&RA is an international trade association with more than 1,400 members from 46 countries. The exemption covers truck drivers for all specialized carriers transporting oversize loads that need a permit from a state or local government agency.

“According to SC&RA, the 30-minute break uniquely affects oversize/overweight loads and has exacerbated the number of instances in which drivers have had to park these loads at roadside, consequently impacting the safety of both the general public and the driver,” FMCSA wrote in the notice.

Additionally, the organization said that the state and local permits often restrict the days of the week and hours of the day when oversize loads can be transported. Those hours often conflict with the timing of the required 30-minute rest break, SC&RA said.

FMCSA first granted the organization a five-year exemption in 2015. In 2020, that exemption was renewed for another five years.

How to comment

Once FMCSA’s notice is published in the Federal Register, the public will have 30 days to comment on the exemption request. To make a comment, go to Regulations.gov and enter Docket No. FMCSA-2014-0420.

Unless FMCSA receives evidence to suggest the exemption undermines safety, a renewal of the exemption is expected. In the notice, the agency said that the lack of the exemption combined with a nationwide shortage of truck parking means that these oversize loads would often be forced to park on the shoulder of a highway with some of the load extending into the lanes of traffic. SC&RA contends that creates a more dangerous situation.

“No matter how well marked, trucks parked at roadside, especially at night, are too often mistaken for moving vehicles and struck, frequently with fatal consequences, before an inattentive driver can correct his or her mistake.” LL