Agency to Consider Rest-Break Exemptions for Carriers of Live Animals, Military Cargo

This story appears in the Aug. 19 print edition of Transport Topics.

Federal regulators are considering a limited exemption for two narrow categories of truckers from the new federal hours-of-service provision that requires most truck drivers to take a half-hour rest break during long shifts.

Truckers carrying live animals and those carrying sensitive cargo for the U.S. military would be exempted for two years, if FMCSA grants petitions.

If FMCSA grants the exemptions, livestock haulers would not have to take the breaks at all, while drivers for carriers contracted with the military would be allowed to watch their loads during the breaks, if the load is assigned to a two-driver team.

Both groups of drivers are currently exempt from the break requirement, thanks to waivers FMCSA granted in July in response to petitions. The livestock waiver, requested by the National Pork Producers Council, expires Sept. 9 (7-15, p. 5), while the military one, requested by the U.S. Army’s Military Surface Deployment and Distribution Command, expires Sept. 25.

“The NPPC stated that complying with the 30-minute rest-break rule will cause livestock producers and their drivers irreparable harm, place the health and welfare of the livestock at risk, and provide no apparent benefit to public safety, while forcing the livestock industry and their drivers to choose between the humane handling of animals or compliance with the rule,” FMCSA said in an Aug. 12 Federal Register notice announcing that it had received the request for a two-year exemption for livestock haulers.

Commenting on the separate request for military drivers, FMCSA said Aug. 12 that “SDDC states that it requires continuous attendance and surveillance of such shipments until they reach their final destination.”

In its request, the Army outlined a wide range of efforts it takes to ensure that the carriers it hires are safe.

Under federal rules, FMCSA may grant 90-day waivers to regulations if it decides that the carriers can achieve a similar level of safety to the status quo. Longer-term exemptions can last a maximum of two years, at which point the groups who petitioned can request a new exemption.

When the groups filed their petitions, they asked for the waivers for immediate relief while FMCSA considered longer-term exemptions. NPPC filed its petition in June, and SDDC filed its petition in May.

The new hours-of-service rule took effect July 1. In addition to new restrictions on the 34-hour restart, it requires that drivers take a half-hour break before driving more than eight hours straight.

The U.S. Court of Appeals for the District of Columbia Circuit upheld most of the rule Aug. 2 but said shorthaul drivers should not have to take the rest breaks.

In addition to the shorthaul drivers, truckers carrying certain explosives and those hauling security-sensitive radioactive materials are exempt from the break requirement. Those drivers must take breaks from driving but can watch their loads during that time.

The agency estimated that 116,000 drivers would be eligible for the agricultural exemption. SDDC told the agency that 40 carriers, with about 3,000 drivers, carry sensitive cargo for the military and would be eligible for the exception.

FMCSA also has received petitions from the National Armored Car Association and the National Ready Mixed Concrete Association for rest-break exemptions. It has not ruled on either petition.

Advocates for Highway and Auto Safety usually opposes special exceptions to trucking safety rules for particular carriers or industries. But Henry Jasny, the group’s general counsel, said it probably will not weigh in on the requests from the agricultural groups and the military.

“The problem in this case is that the half-hour break has a very limited function and purpose, and we understand that in some cases, it can’t be as ‘off-duty’ as the agency is requiring — that is, they can be free to leave the vehicle,” Jasny said.

Advocates believes that the rest break, while useful, does not do very much to reduce truck driver fatigue because its restorative effects last only about an hour after drivers take the break.