State officials add intrastate carriers to 30-min. break exemption
Thursday, July 16, 2015
Posted by: Ford Boswell
Following up on news from last week regarding the 30-minute break exemption for specialized carriers, state enforcement officials have determined they will apply the exemption to intrastate carriers as well, provided they meet the same criteria listed below.
See the full notice below.
Notice of Final Disposition; Grant of Application for Exemption
FMCSA announces it decision to grant the Specialized Carriers & Rigging Association (SC&RA) an exemption from the minimum 30-minute break provision of the Agency’s hours-of-service (HOS) regulations for Commercial Motor Vehicle (CMV) drivers. The exemption enables all specialized carriers and drivers responsible for the transportation of loads that exceed normal weight and dimensional limits-oversize/overweight (OS/OW) loads—and require permit issued by a government authority, to be exempt from the 30-minute rest break provision in 49 CFR 395.3(a)(3)(ii). FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of Safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.
Terms of Exemption
- Drivers of specialized loads moving in interstate commerce that exceed normal weight and dimensional limits-oversize/overweight (OS/OW) loads-and require permit issued by a government authority, are exempt from the requirement for a 30-minute rest break in CFR 49 395.3(a)(3)(ii). Drivers of loads not operating in interstate commerce are not eligible for this aexemption. FMCSA allows for a state to make the determination as to whether or not to apply the exemptions to intrastate commerce. It has been determined that ALABAMA WILL make this exemption applicable to intrastate carriers provided they meet the same criteria as shown for interstate carrier.
- Drivers must have a copy of this exemption document in their possession while operating under the terms of this exemption. The exemption document must be presented to law enforcement officials upon request.
- All motor carriers operating under this exemption must have a “Satisfactory” safety rating with FMCSA, or be “Unrated”. Motor carriers with a “Conditional” or “Unsatisfactory” FMCSA safety rating are prohibited from using this exemption.
- All motor carriers operating under this exemption must have Safety Measurement System (SMS) scores below FMCSA’s intervention thresholds, as displayed here.
Period of Exemption
This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is granted for the period of time from 12:01 a.m., June 18, 2015 through 11:59 p.pm, June 18, 2017.a