ARTBA to Seek Exemption from HOS for Drivers in Construction Sector
By Sean McNally, Senior Reporter
This story appears in the Dec. 3 print edition of Transport Topics. Click here to subscribe today.
WASHINGTON — The American Road and Transportation Builders Association said it would seek an exemption from federal hours-of-service rules for drivers in the construction industry, even as the group representing state enforcement officials said they would look to roll back the exemptions already in place.
“The hours-of-service regulations were largely intended to address longhaul truck drivers, and our drivers . . . do drive trucks all day long but only for short periods,” said Dave Bauer, ARTBA’s senior vice president for government relations.
“A lot of times, they’re just sitting there in the truck . . . at the job site,” he said.
Bauer said the association had sought relief from the Federal Motor Carrier Safety Administration but now was taking its case to Congress.
“There’s a fundamental difference between longhaul drivers and someone who is driving six miles hauling asphalt to and from the job site,” he said.
The 2005 federal highway bill, which was crafted by a Republican majority, granted exemptions to the hours-of-service rules for utility companies, drillers and film production crews and expanded them for agricultural haulers (8-15-05, p. 27).
Bauer acknowledged it may be difficult to secure language granting an exemption with the Democrats in control of Congress.
“I never say never, but . . . there were [already] a number of exemptions in the last bill,” he said.
Dick Henderson, director of government affairs for the Commercial Vehicle Safety Alliance, said the enforcement community opposes any exemptions and that it was a priority not only to block new exemptions but also to roll back the ones given in the 2005 highway bill.
“It is first and foremost a problem for our members be-cause of the lack of uniformity and difficulty in enforcing those exemptions,” Henderson explained to Transport Topics.
“The other part of it is safety, just safety. Whether these vehicles are operating on an emergency basis for 30 days or they are hauling grapes west of Interstate 81 or they are utility fleets . . . they don’t have accidents? They don’t drive big trucks? They’re not subject to fatigue?”
In response to an exemption specific to construction, Henderson said the activity a driver performs is irrelevant from a safety perspective.
“He’s working, whether he’s literally driving that truck . . . or he’s on the job site . . . it’s work,” he said. “Whether he’s driving or not, he’s working. At some point, he’s going to have to drive that truck back to where it came from and after 14 hours . . . it’s a safety hazard.”
