The Federal Motor Carrier Safety Administration has made a minor change to the pandemic-related Hours of Service waiver, just eight days before it is slated to expire.
The FMCSA announced a revision on Friday that adds the carriage of propane, natural gas, and heating oil to the list of items that can be transported without regard for the Hours of Service regulation. The broad exemption to the HOS regulation, which can be found in section 49 CFR 395.3 of the federal code of regulations, was announced on March 13, 2020. It’s been extended several times.
The federal exemption would need to be extended again before the end of the month, or the 2-plus year exemption from the HOS rule would be lost. While there is no indication that the general exemption from 2020 will be extended, the addition of three types of products whose transportation is currently exempt appears to indicate that an extension of the exemption is in the works.
The American Trucking Associations released a list of products excluded from the pandemic-fueled relief. The three energy products, which were added ironically just as their peak winter usage season was finishing, were listed alongside gasoline, diesel, jet fuel, and ethyl alcohol, which were already exempt.
The following regions are also exempt:
- Livestock and feed for livestock –Medical supplies related to COVID-19 testing and treatment methods
- Vaccines and materials for COVID-19 immunization.
- Products connected to COVID-19 community safety and sanitation, such as masks or gloves
- Food and paper products to replenish distribution centers or retail outlets
- An exemption for a broad category is described by the ATA as “items to assist those affected by the COVID-10 pandemic’s repercussions.” It cites building supplies as an example for those who have been relocated as a result of COVID-19.
The exemption will be in force until May 31, “unless extended by FMCSA,” according to ATA.
Companies that violate the HOS requirement while protected by the waiver were required, beginning in August, to report monthly when they were operating under the conditions of the exemption.
It is debatable if the HOS exception, as broad as it is, has any effect. According to the HOS1.USA data series in SONAR, some of the peaks in Hours of Service per driver have occurred in the recent two years.
Peaks in the data set prior to the rule tended to top out at 6.3 to 6.4 hours on the road out of a maximum of 11.
Since then, there have been increases that have pushed the HOS used above 6.4 and as high as 6.6. Other factors, such as increasing rates encouraging drivers to work more hours and earn more money, could be at work.
