Specialized Carriers Seek FMCSA Exemption From Mandatory HOS Rest-Break Provision

By Eric Miller, Staff Reporter

This story appears in the Dec. 8 print edition of Transport Topics.

The difficulty truckers tend to have with locating parking for an oversized and overweight load, as well as time constraints for moving the goods, has prompted a request to forego federal mandatory rest periods.

The Specialized Carriers & Rigging Association has asked federal regulators to exempt them from the 30-minute rest-break provision of the hours-of-service rule.

The rule, which took effect on July 1, 2013, requires that drivers take a half-hour break within the first eight hours of driving after being off-duty.



“Due to the nature of their operation, SC&RA believes that compliance with the 30-minute rest-break rule is extremely difficult, primarily due to the limited [usually daylight] hours in which an OS/OW load can be transported as restricted by state permit requirements,” the association said in a Nov. 24 exemption request to the Federal Motor Carrier Safety Administration.

An average oversized or overweight load may measure approximately 15 to 16 feet wide and high and in excess of 100 feet in length, the association said.

“Each driver has the additional burden of finding a place large enough to accommodate and park the vehicle until passage is permitted,” according to the petition.

Due to the scarcity of parking spaces, parking the oversize trucks alongside interstates and other highways and ramp shoulders can “compromise their safety and the safety of the general public on the roadways,” the association said.

It added that the hours in which a driver may move an oversized and overweight load vary widely from state to state and among local jurisdictions. Such restrictions can conflict with the timing of the required 30-minute rest break.

FMCSA will accept public comment on the request through Dec. 24. It said that the requested exemption would apply to all specialized carriers and drivers responsible for loads big enough to require a permit issued by a government authority.