FMCSA Grants NTTC-Requested Fuel Hauler Exemption

The Federal Motor Carrier Safety Administration (FMCSA) has granted NTTC and the Trucking Association of Massachusetts’ hours of service exemption request for fuel haulers.  

 

In August 2017, the two groups asked that FMCSA issue an exemption from the 30-minute rest break requirement for certain fuel haulers using the hours of service exception referred to as the "twelve-hour," "short haul," or "100 air-mile" exception.  The granted exemption was formally published in the Federal Register on Monday, April 9 and will last until April 8, 2023.  It can be renewed.  Additionally, the exemption preempts inconsistent state laws for shipments in interstate commerce. 

 

To be eligible for the exemption, the driver and carrier must meet the following criteria:

• The driver normally operates under the short-haul exception;
• The driver must finish their work day within a 14-hour window;
• The driver’s vehicle must be equipped with an ELD;
• The driver must be transporting one of the following cargoes: 
• 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, or
• N.A. 1993 – Diesel Fuel or Fuel Oil
• The carrier must have a "satisfactory" or "unrated" safety rating; and
• A copy of the exemption notice must be in the vehicle

These fuel haulers’ drivers normally operate under the 100 air-mile exception to the hours of service.  That exception allows drivers that report to and finish their driving periods from the same location and who do not travel more than 100 air-miles from that terminal to operate during a twelve-hour window without recording their hours of service record of duty status.  Before the exemption was granted, drivers that did not return to their terminal within this twelve-hour limit fell under the normal hours of service regulations and would be subject to the rest break requirement.

 

We applied for this exemption for three reasons.  First, these drivers were already effectively receiving rest breaks while unloading at gas stations.  Because most fuel haulers unload three or four times per shift, these drivers were receiving more than the regulatory minimum amount of off-duty rest.  Second, if a driver realized that they would exceed the 12-hour on-duty window after they had already driven 8 hours, the driver would immediately be required to take a 30-minute rest break.  Because these hazmat loads require drivers leave them in safe places, the driver might be forced to drive even further and longer to find a safe place to rest.  Finally, anti-cargo theft and anti-terrorism concerns militate in favor of ensuring that these loads are delivered as quickly as possible.  NTTC is pleased that FMCSA agreed that these concerns were sufficient to grant an exemption.  We are also pleased that FMCSA agreed that operating under this exemption would not negatively impact safety.

 

Carriers can access copies of the exemption by clicking here. 

 

The exemption is effective immediately.  Drivers and vehicles that have accidents while operating under the exemption are required to notify FMCSA via email at MCPSD@dot.gov within 5 business days of the accident. 

 

Article provided by the National Tank Truck Carriers Association