DOE Seeks HOS Exemption for Truck Drivers Hauling Security-Sensitive Hazardous Material

This story appears in the Jan. 21 print edition of Transport Topics.

The Department of Energy has requested an exemption from the new hours-of-service rule requiring truck drivers, including those hauling security-sensitive radioactive material, to take a mandatory 30-minute off-duty rest break in the first eight hours of driving.

The rule is set to take effect in July.

The Federal Motor Carrier Safety Administration, which announced the DOE request and a call for public comment on Jan. 14, said DOE indicated that shipments of sensitive radioactive materials transported by qualified commercial motor carriers require a team of two drivers and the use of a sleeper berth to minimize risk and expedite delivery in a safe and secure manner.

“DOE asserts that granting the exemption would allow team drivers to manage their en route rest periods efficiently and also perform mandated shipment security surveillance, resulting in a safe and secure driving performance during a long-distance trip,” FMCSA said.

DOE wants the security-sensitive shipment drivers to be able to use the 30 minutes or more of “attendance time” to satisfy the rest break requirement.

DOE is concerned that the rest break provision will undermine the ability of team operators to keep the freight moving with minimal stops and have someone in charge of the shipment for the duration of the trip.

If a driver were required to go off-duty for the break, he may have to wake his team partner from his sleep to attend to the shipment.

FMCSA already has recognized the potential problem and written an exemption into the new rule for explosives haulers. DOE said it merely wants the same consideration.

Radioactive materials include transuranic waste, spent nuclear fuel, and other radioactive sources classified as Category 1 and 2 materials by the International Atomic Energy Agency.

Security-sensitive materials are those that pose a significant risk to national security while being transported because of the potential use of the material in an act of terrorism.

Because they are high-risk during transport, radioactive materials are real-time tracked using DOE’s satellite-based systems.

All trucks carrying the materials must use electronic onboard recorders, and the safety performance of carriers is closely monitored, DOE said.

DOE estimates that 30 power units and 53 drivers would currently be eligible for the exemption, if granted. The proposed exemption would be effective from July 1, 2013, through June 30, 2015, the maximum period allowed.

For similar reasons, American Trucking Associations is challenging the 30-minute off-duty rest break and other provisions of FMCSA’s final hours rule in federal court. If ATA prevails in its lawsuit, the requirement could be rejected by a federal court judge and DOE’s request could become moot, said Rich Pianka, ATA’s deputy chief counsel.

DOE declined comment on its exemption request.

However, Pianka said the agency is probably concerned because, when a truck driver is off-duty, he would technically not be responsible for his truck.

Pianka said the reason the agency granted an exemption for explosives haulers is obvious.

“They don’t want trucks full of explosives left unattended,” Pianka said.