FMCSA denies Veteran Driver Exemption From HOS Rules
The FMCSA had ruled against a trucker’s request for personal exemption from several provisions of federal Hours of Service (HOS) rules.
The FMCSA announced that trucker Wayne Moore, Jr. officially requested to be exempted from four provisions of Hours of Service requirements late last year because “the applicant believes that his safe driving record and experience demonstrate an equivalent level of safety.”
What Exemptions Were Requested?
Wayne asked the FMCSA for exemption from:
- The requirement for 10 consecutive hours off duty
- The 14 hour “driving window”
- The 30-minute break requirement
- the 70 hours-in-8-days limit
“The applicant states that he would like the ability to split off-duty time into periods that are more conducive to proper rest and sleep without having to comply with the HOS regulations,” the FMCSA said.
If approved, the exemption would have been effective for five years and would only have applied to Wayne Moore, Jr. Moore said he has 25 years of experience as a CMV operator and currently works for a large trucking company based in Indiana, according to FMCSA documentation.
Exemption Would Not Maintain or Improve Highway Safety
the FMCSA announced in a notice to be published in the Federal Register on February 23rd, that it would not permit Moore to receive the regulatory relief he requested.
“FMCSA analyzed the application and public comments and determined that the exemption would not achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption,” the FMCSA stated. They also reported receiving 79 comments on Moore’s exemption request, which thirty supported the request and thirty opposed the request. The rest of the comments offered no position for or against it.
“Mr. Moore failed to explain how he would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption,” the FMCSA concluded.
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