Trucker’s hours-of-service exemption denied

The Federal Motor Carrier Safety Administration is denying a truck driver’s individual exemption request from the hours-of-service regulations.

FMCSA’s notice of denial is scheduled to publish in the Federal Register on Tuesday, July 18.

Truck driver John Olier made the request earlier this year, noting that he operated safely under the COVID-19 emergency declaration and other hours-of-service exemptions in recent years. He said the waivers allowed him substantial control over his schedule, leading to improved safety and personal health.

“Over the course of the last three years, I have operated under various emergency declarations for FEMA operations, COVID-19 exemptions and while hauling agricultural exempt commodities for my company,” Olier wrote to FMCSA in his request. “Under these conditions, I have found that my time driving has been far less stressful and anxiety inducing. I’m not rushed. I am able to run when I’m alert and sleep when I’m not. I no longer worry about situations like accidents, inclement weather events, or other disruptions to my schedule. I’m not working against the clock. I don’t lose time sitting or have to recover lost drive time. I have seen my overall health improve.”

Olier petitioned the agency for a permanent, personal exemption from many of the requirements in the hours-of-service regulations. Specifically, Olier asked for exemptions from the 11-, 14- and 70-hour rules, as well as the mandatory break periods.

Federal waiver

From March 2020 until Oct. 15, 2022, thousands of truck drivers were allowed to operate under a federal COVID-19 emergency declaration that allowed them to haul essential goods across the country without having to deal with stringent hours-of-service regulations.

According to data FMCSA provided to Land Line last year, the agency was aware of only two crashes involving truck drivers operating under the waiver. Both were single-vehicle crashes, and one occurred on private property.

“The agency has no information that suggests that past or existing emergency exemptions have in fact negatively impacted road safety,” FMCSA wrote in a December notice.

Regional waivers also are common in response to weather incidents and other emergencies.

Olier said that the flexibility provided to him under the waivers made him safer, healthier and more productive.

Comments

FMCSA received 113 comments to Olier’s request, including 83 in support. The agency said 13 of the comments focused more on eliminating or relaxing the hours-of-service rules altogether.

Seventeen commenters, including the Truck Safety Coalition, opposed Olier’s exemption.

The Truck Safety Coalition called the exemption “inadequately justified” and asked for the request to be denied in full.

Denial

FMCSA said that Olier didn’t demonstrate that he would be able to operate under an equivalent level of safety.

“The agency establishes and enforces the hours-of-service regulations to keep fatigued drivers off the public roadways and reduce the risk of crashes,” FMCSA wrote. “Research studies demonstrate that long work hours reduce sleep and harm driver health and that crash risk increases with work hours.” LL