Truckers hauling certain petroleum products exempt from 30-minute rest break rule

Another segment of the trucking industry has been granted an exemption to part of the hours of service regulations. This time, the Federal Motor Carrier Safety Administration approved a 30-minute rest break exemption for some tanker truckers.

Originally filed last September, National Tank Truck Carriers and the Massachusetts Motor Transportation Association submitted an exemption application for the required 30-minute rest break or sleeper berth period after eight hours on duty.

The exemption applies to drivers who typically operate under the short-haul exemption within the 100 air-mile radius exception but exceed 12 hours on duty while transporting petroleum products “in vehicles equipped with electronic logging devices.” NTTC and MMTA claim that drivers will still maintain safe operations under the exemption at the same levels of the current requirements.

In order to be granted the exemption, the petitioner must indicate “concrete and particularized injury” causing “actual or imminent harm” and that an exemption will solve that problem.

“Here, the particularized harm is the inability to adopt a more efficient operational practice in petroleum transportation in highway commercial motor vehicles,” NTTC and MMTA state in the petition. “The FMCSRs prevent the adoption of the more efficient operational practice.”

According to the official docket, the exemption applies specifically to carriers and drivers operating tank trucks transporting certain petroleum-based products. These trucks generally load in the morning and deliver to three or more service stations each day.

Petroleum products under the exemption:

• U.N. 1170 – ethanol
• U.N. 1202 – diesel fuel
• U.N. 1203 – gasoline
• U.N. 1863 – fuel, aviation, turbine engine
• U.N. 1993 – flammable liquids, n.o.s. (gasoline)
• U.N. 3475 – ethanol and gasoline mixture, ethanol and motor spirit mixture, or ethanol and petrol mixture
• N.A. 1993 – diesel fuel or fuel oil

Most of the approximately 38,000 such truckers fall under the short-haul exemption. However, some do not “on rare occasions.”

“Circumstances beyond the control of the motor carrier and driver periodically cause delays in the delivery schedule,” FMCSA explains in its final decision.

FMCSA noted in its decision that “few comments opposed the application.” However, of the nine comments submitted (not including the two from NTTC and MMTA), four were directly opposed and one commenter simply stated that the 30-minute rule needs to be erased across the board. Only four were in favor of the specific request, including the American Trucking Associations and the National Propane Gas Association.

“The International Association of Fire Fighters remains concerned for the safety of our members who must engage in hazardous materials mitigation and clean-up efforts following preventable spills,” the fire fighters association said in submitted comments. “It is objectionable any time existing safety standards are whittled away without the completion of an adequate risk analysis, as is occurring here. For this reason and the numerous reasons stated above, the IAFF strongly objects to this request and asks the FMCSA to reject this application for exemption.”

FMCSA’s exemption for drivers hauling certain petroleum-based products is good for five years and expires on April 10, 2023.