FMCSA asks: How substantially is the market using the HOS waiver?

With a different extension of the unexpected emergency several hours-of-provider waiver looming, federal regulators want the trucking business to permit them know to what extent carriers and drivers are in fact getting advantage of the exemption.

The very first-of-its-sort, 50-state exemption was initially issued by the Federal Motor Provider Security Administration in March 2020 in reaction to the COVID-19 outbreak. The get gives motorists and carriers more time to make deliveries with out violating federal do the job-hour specifications. It has been modified, expanded and extended quite a few instances as the varieties of items presented priority during the pandemic progressed from meals and fuel to confront masks and vaccines.

But soon after 17 months of the exemption remaining in outcome, the FMCSA will try to locate out how useful it is in order to enable advise upcoming extensions.

“FMCSA does not know how lots of motor carriers or drivers are relying on the emergency declaration.”


“Neither the crisis declaration nor the laws masking [it] call for that motor carriers or drivers working beneath the crisis declaration report their operation to FMCSA,” the agency said in a Federal Sign up see to be revealed on Friday. “As a final result, FMCSA does not know how numerous motor carriers or motorists are relying on the unexpected emergency declaration.”

Supplied the “unprecedented period” considering that the waiver was initial issued, FMCSA programs to perform a every month survey for six months of an believed 1.2 million motorists and carriers to get more info on whether and how the waiver is becoming used. The company estimates the study will choose 15 minutes to fill out.

As FMCSA seeks Office of Administration and Funds approval of the study, any person who would like to remark on it, which includes whether or not it is needed or strategies to boost it, has until eventually Monday.

Meanwhile, the most current extension of the waiver — issued on Could 26 and established to expire on Tuesday – is slated for another multi-thirty day period extension, according to a U.S. Department of Transportation formal.

“We’re a staff participant on the subject along with our other federal agency teammates that are issuing exemptions as component of the Biden administration’s holistic reaction to the ongoing unexpected emergency,” a DOT spokesperson instructed FreightWaves.

The present edition of the waiver exempts drivers and carriers from Pieces 390 to 399 of federal regulations — which consists of driver hrs of services — for individuals “providing immediate assistance in support of unexpected emergency reduction efforts” similar to COVID-19. It is limited all those hauling:

  • Livestock and livestock feed.
  • Health-related provides and devices connected to the screening, diagnosis and treatment method of COVID-19.
  • Vaccines, constituent products and solutions, and medical materials and gear, including ancillary materials/kits for the administration of vaccines, connected to avoiding COVID-19.
  • Provides and equipment vital for neighborhood safety, sanitation and avoidance of local community transmission of COVID-19 this sort of as masks, gloves, hand sanitizer, soap and disinfectants.
  • Food stuff, paper items and other groceries for unexpected emergency restocking of distribution centers or outlets.

While the commodities are specified in the waiver, the exemption could be resulting in confusion in the marketplace as to what is included, as previously documented by FreightWaves. In addition, truck safety advocates have cautioned that protection should really be a priority in expanding and extending the waiver.

Click for more FreightWaves article content by John Gallagher.

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