Truckers, safety groups sound alarm about HOS exemption requests

In recent months, several companies have told federal regulators that the hours-of-service rules don’t work for them.

They’ve asked the Federal Motor Carrier Safety Administration to grant their truckers an exemption, saying they’ll be able to meet an equivalent level of safety with more flexibility.

FMCSA allowed the public to comment on each of the exemption requests. The majority of those comments have pushed back. In many cases, it has been truckers and safety groups who have asked the agency to deny the requests.

Colorado Huntsman Transport

Colorado Huntsman Transport, a prison transportation company, asked for a 10-day on/10-day off schedule with a maximum seven-hour daily driving limit, as well as an exemption from commercial motor vehicle marking requirements.

The company said that “granting this exemption would allow us to operate without the prominent name and USDOT markings, thereby reducing public misidentification and the associated safety threats.” Huntsman added that its drivers and vehicles would continue to be fully identifiable through registration documents, electronic logging devices, USDOT numbers and GPS tracking.

“Compliance with standard hours-of-service rules would force our drivers into unsafe and insecure practices,” the company wrote in its latest exemption application. “It would also provide them with a worse quality of life on the road because they would have to be away from their families for more than 10 days to reset their hours of service to complete the route.”

The comment period ended on Aug. 17 with six responses.

The Commercial Vehicle Safety Alliance and the Truck Safety Coalition were among the opponents.

“Exemptions from federal safety regulations have the potential to undermine safety, while also complicating the enforcement process,” CVSA wrote. “The FMCSRs exist to ensure that those operating in the transportation industry are equipped to do so safely. The federal HOS requirements exist to help prevent and manage driver fatigue. While it’s true that we cannot regulate sleep, the HOS rules set forth a framework that, if followed, allows drivers the opportunity to get the rest necessary to operate their vehicles safely.”

The Truck Safety Coalition said, “Huntsman Transport fails to meet the threshold to qualify for HOS exemptions.”

None of the six comments supported the exemption.

CCS Transportation

CCS Transportation, a trucking company based in Conway, Ark., wants an exemption to permit short-distance commercial motor vehicle movements to be logged as on-duty (not driving) yard moves on its drivers’ electronic logging devices during brief travel on local public roadways separating two of the company’s facilities.

The company told FMCSA that the two facilities are only 1.3 miles apart and are used for low-speed equipment repositioning, trailer spotting and tractor transfers.

FMCSA accepted comments through Aug. 17 and received 12 responses. Again, CVSA and the Truck Safety Coalition opposed the exemption.

“CVSA strongly opposes this exemption request, as CCS has demonstrated neither a critical need for the exemption nor how the company will ensure the exemption does not impact safety,” the group wrote.

Several individuals also spoke against the exemption. “No way,” Kevin Phillips wrote. “Companies need to learn management.”

Precision Fireworks

Precision Fireworks, a fireworks display company, said that it employs truck drivers who hold CDLs with hazardous materials endorsements to transport professional-grade pyrotechnics for Independence Day celebrations.

Precision Fireworks seeks an exemption from the 14-hour-rule “so that drivers would be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14 hours.” If granted, the exemption would apply to about five drivers during the period of June 28-July 8 for the next five years.

As a condition for operating under the exemption, the truckers would not be allowed to drive after accumulating a total of 14 hours of on-duty time. Precision Fireworks’ drivers would continue to be subject to the 11-hour driving time limit and the 60- and 70-hour on-duty limits.

Without the exemption, the company said it would be unable to provide professional fireworks displays for Texas, New Mexico and Missouri. Additionally, the company suggested it would create a safety hazard as its drivers may be forced to park a load of hazardous materials in unsecured areas.

FMCSA is taking comments through Aug. 31. So far, four comments have been submitted to the agency. Three of those comments oppose the request.

“This is not just any hazmat being considered, but fireworks Class 1,” Brian Boswell wrote. “There are plenty of companies and owner-operators out here that can meet their requirements and do this within the rules. The company in question does not want to have to pay for a truck and driver sitting around while waiting on the conclusion of the show. Any extra burden of expense is well worth the added safety. This seems more like profit over safety.”

Meanwhile, Bryan Leonard said that there should be fewer regulations overall.

“I understand the value of having good, productive safety regulations in place,” Leonard wrote. “I’m not sure that all of the regulations are necessary for a safe transportation environment. I believe that eliminating the 70-hour rule would eliminate a lot of exemption applications. Unless the industry is willing to pay per hour, the 70-hour rule isn’t necessary, especially since the operation of the commercial vehicle is under the command of a qualified CDL holder. The company or broker may direct a commercial vehicle, but ultimately the driver decides what is safe while operating the CMV.”

To submit a comment on Precision Fireworks’ exemption request, click here or go to Regulations.gov and enter Docket No. FMCSA-2026-1520. LL