According to the FMCSA’s announcement, the exemption will cover two HOS provisions for drivers of all trucking assets that are associated with the “transportation of asphalt and related materials and equipment,” including “dump trucks, distributor trucks, water trucks, equipment haulers, and other similar equipment.”
Here are the details of the two exemptions:
- According to the first exemption granted to the NAPA, drivers won’t have to take the mandatory 30-minute rest break. Instead of the 30-minute break time, they will be able to use the on-duty “waiting time” to meet the 30-minute break requirement.
- The second exemption extends the maximum allowable on-duty time from 12 hours to 14 hours for drivers who qualify for the short-haul exception.
Dan Gallagher, the Chairman and COO of Gallagher Asphalt in Thornton, IL, said:
“We are grateful FMCSA saw the need to exempt drivers associated with asphalt paving operations from these hours of service regulations. This allows us to ensure drivers are able to work as needed to deliver a quality product when it is needed.”
When the National Asphalt Pavement Association petitioned the FMCSA to grant these hours-of-service exemptions, they highlighted the fact that asphalt pavement mixture is a perishable product, and it has to be delivered at the right time and at the right temperature.
It is also important to note that these two exemptions that the FMCSA granted to NAPA are very similar to existing exemptions afforded to drivers of ready-mix concrete mixer trucks.
Dr. Howard Marks, NAPA Vice President for Environment, Health & Safety, said:
“Because drivers of asphalt-related trucks generally operate within limited areas and spend a good portion of their day waiting to load or unload their trucks, as opposed to driving, these drivers do not face the short of fatigue factors long-haul truckers face or that HOS regulations were developed to address.
The FMCSA also echoed the same thoughts. According to the FMCSA’s statement, “drivers of asphalt delivery vehicles typically drive approximately one-third of their workday; the rest of their day is spent waiting to load or unload their vehicles and in other non-driving duties such as paperwork and cleaning their trucks after each load.”
As mentioned earlier, these exemptions would be valid for five years.
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