FMCSA Grants National Tank Truck Carriers and Massachusetts Motor Transportation Association HOS ELD 30-minute Rest Break Exemption
The FMCSA Decision
FMCSA announces its decision to grant the application of the National Tank Truck Carriers, Inc. (NTTC) and the Massachusetts Motor Transport Association, Inc. (MMTA) for an exemption from the requirement that drivers of commercial motor vehicles (CMVs) obtain a 30-minute rest break. The exemption is limited to CMV drivers engaged in the transportation of specified types of petroleum-based fuels who would otherwise have to observe the rest break when their duty day unexpectedly exceeds 12 hours. FMCSA has analyzed the exemption application and public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.
National Tank Truck Carriers and Massachusetts Motor Transportation Request for 30-minute Rest Break Exemption
NTTC and MMTA applied for an exemption from the 30-minute rest break provision on behalf of motor carriers and drivers operating tank trucks to transport certain petroleum-based products in interstate commerce. The tank trucks are normally loaded with products in the morning, and deliver the products to three or more service stations during the remainder of the duty day. Most of the estimated 38,000 vehicles engaged in such transportation each day qualify for the 100 air-mile radius exception, but on rare occasions, they do not. Circumstances beyond the control of the motor carrier and driver periodically cause delays in the delivery schedule. The applicants outlined the concerns they have with interrupting delivery of hazardous materials (HM) in order for the driver to take the required 30-minute rest break. For instance, as a security measure, a motor carrier may require that a tank truck transporting certain fuels be attended by the driver when the vehicle is stopped, and a driver attending a CMV is not considered off duty as required by the rest-break rule. Attendance is not required by regulation except for transporters of certain explosives [49 CFR 395.1(q)].
Period of the Exemption
The exemption is effective April 9, 2018 and expires on April 10, 2023.