FMCSA Adds Three Fuel Sources to HOS Waiver

3 fuel sources added to pandemic-related HOS exemption, which is set to end May 31.

A minor addition to the pandemic-related hours of service (HOS) waiver has been added by the FMCSA, a mere 18 days before the expiration date.

What Fuel Sources Were Added?

The FMCSA announced the change on Friday which adds the transport of propane, natural gas and heating oil to the list of goods that can be transported without concern for the HOS regulation. That general exemption to the HOS of the regulation has been extended numerous times.

Before the end of the month, the federal exemption would need to be extended once more or the two-plus-year waiver from the HOS rule would disappear. While there is nothing to indicate that the general exemption from 2020 will be extended, the addition of three types of products getting an exemption would seem to signal that an extension is more than likely to happen.

Pandemic-fueled Exemptions

The American Trucking Association (ATA) published a list of fuel products exempt under the pandemic-fueled relief. The three energy products were listed along with gas, diesel, jet fuel and ethyl alcohol, which already were exempt. The ATA noted that the exemption will stay in effect until May 31 “unless extended by FMCSA.”

The other areas exempted are:

Livestock and livestock feed
Medical supplies connected to COVID-19 testing and treatment of procedures
Vaccines and supplies related to COVID-19 vaccination
Products related to community safety and sanitation for COVID-19, such as masks or gloves
Food and paper products to restock distribution centers or stores
An exemption for a broad category the ATA describes as “supplies to assist individuals impacted by the consequences of the COVID-10 pandemic.” It cites as an example building materials for people who have been displaced as a result of COVID-19

HOS Regulation Reporting

Under the protection of the waiver, companies that are exceeding the HOS regulation were required to report monthly when they were operating under the terms of the exemption, as of last August.

Whether the HOS exemption has had any impact can be debated. Some of the peaks in HOS per driver have been higher in the last two years, as the HOS1.USA data series in SONAR suggests.

Peaks before the rule in the data series tended to max out at 6.3 to 6.4 hours on the road out of the maximum of 11.

Since then, there have been spikes taking the HOS utilized above 6.4 and as high as 6.6. According to FreightWaves, other factors could be playing a role, like higher rates encouraging drivers to rack up more hours and make more money.

Summary of Current HOS Regulations

Here is a summary of current HOS Regulations, according to the FMCSA website.

Property-Carrying Drivers:

11-Hour Driving Limit – May drive a maximum of 11 hours after 10 consecutive hours off duty
14-Hour Limit – May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period
30-Minute Driving Break – Drivers must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption. The break may be satisfied by any non-driving period of 30 consecutive minutes (i.e., on-duty not driving, off-duty, sleeper berth, or any combination of these taken consecutively)
60/70-Hour Limit – May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty
Sleeper Berth Provision – Drivers may split their required 10-hour off-duty period, as long as one off-duty period (whether in or out of the sleeper berth) is at least 2 hours long and the other involves at least 7 consecutive hours spent in the sleeper berth. All sleeper berth pairings MUST add up to at least 10 hours. When used together, neither time period counts against the maximum 14- hour driving window
Adverse Driving Conditions – Drivers are allowed to extend the 11-hour maximum driving limit and 14-hour driving window by up to 2 hours when adverse driving conditions are encountered
Short-Haul Exception – A driver is exempt from the requirements of §395.8 and §395.11 if: the driver operates within a 150 air-mile radius of the normal work reporting location, and the driver does not exceed a maximum duty period of 14 hours. Drivers using the short-haul exception in §395.1(e)(1) must report and return to the normal work reporting location within 14 consecutive hours, and stay within a 150 air-mile radius of the work reporting location

Passenger-Carrying Drivers

10-Hour Driving Limit – May drive a maximum of 10 hours after 8 consecutive hours off duty
15-Hour Limit – May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period
60/70-Hour Limit – May not drive after 60/70 hours on duty in 7/8 consecutive days
Sleeper Berth Provision – Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper berth time into two periods provided neither is less than 2 hours. All sleeper berth pairings MUST add up to at least 8 hours
Adverse Driving Conditions – Drivers are allowed to extend the 10-hour maximum driving time and 15-hour on-duty limit by up to 2 hours when adverse driving conditions are encountered
Short-Haul Exception – A driver is exempt from the requirements of §395.8 and §395.11 if: the driver operates within a 150 air-mile radius of the normal work reporting location, and the driver does not exceed a maximum duty period of 14 hours, drivers using the short-haul exception in §395.1(e)(1) must report and return to the normal work reporting location within 14 consecutive hours, and stay within a 150 air-mile radius of the work reporting location

Related Articles: