Federal regulators are considering a company truck driver’s request for a sweeping exemption from hours-of-service (HOS) and ELD rules, and the public will have a chance to comment.
In applying for the exemption, Ronnie Brown III, a driver for Waterloo, Iowa-based Gray Transportation, contends that the “one-size-fits-all” aspect of the regulations poses safety risks because the rules do not always coincide with his “natural sleep patterns,” according to his application filed with the Federal Motor Carrier Safety Administration.
In addition, HOS is a “mechanism by the government to control my movements which I view as a violation of my constitutional right to free movement and my right as a human being to make my own choices in life as to my work habits,” he states in his application, published on Friday.
In its petition notifying the public of the exemption request, FMCSA states that it must publish a notice in the Federal Register.
“The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted,” according to FMCSA. “The agency must also provide an opportunity for public comment on the request,” with a 30-day public comment period granted to Brown’s request.
Federal regulations also state that the application must explain not only why the applicant believes the exemption is needed and how the applicant is affected by the rules in question, but “how you would ensure that you could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.”
The application must also describe “the impacts … you could experience if the exemption is not granted by the FMCSA.”
Those points and other justifications were lacking in Brown’s application, according to Paul Taylor, a managing partner with Truckers Justice Center, which represents truck drivers.
“The petitioner provides no legitimate reasons for why he should have his own personal exemption,” Taylor told FreightWaves. “If the FMCSA grants such an exemption, it would be arbitrary and capricious and, upon review by a Court of Appeals, would likely be reversed or vacated.”
Specifically, Brown is seeking a five-year exemption from federal motor carrier regulations including:
- 10-consecutive-hour off-duty time requirement.
- 11-hour driving limit.
- 14-hour “driving window.”
- Limits of 60 hours in seven days and 70 hours in eight days.
- ELD regulations.
In addition to safety concerns, Brown’s application focused on the economic effects of HOS rules, asserting that they restrict his work hours and therefore how much he gets paid.
“The 60/70 rule prevents me from working as many days as I want to due to not enough hours per regulations,” Brown states. “That controls how much money I can make in a week while out on the road,” equal to 8.75 hours a day over an eight-day period. “If I work more than that in a day, I will have to sit around in truck stops for 34 hours due to not being able to pick up hours.”
Brown emphasized that he’s seeking an exemption that applies specifically to him, with no bearing on how his employer operates its fleet for other drivers.
Asked how his employee’s exemption — if granted — would affect company operations, Gray Transportation President Darrin Gray told FreightWaves, “I don’t know enough about how a federal hours-of-service exemption for a single employee would work to even comment on that.”
Summing up his exemption request, Brown told FreightWaves, “I’m responsible for everything that I do. I know when I need sleep and I know my reaction times. I don’t need [the government] to tell me those things.”
Will he succeed? “I don’t know. We’ll have to wait and see.”
Sushi Lips
What a clown. Likely a J6 dissenter, too, based on the whole “gubment took muh baby” argument. Stupid. 🙄
Grizz
he is right you can sleep on demand. when you don’t sleep and then are required to drive then your much more likely to cause an accident. who ever came up with this idea should be taken along an good long trip and be required to follow these ignorant rules. then they would realize just how exhausting it is . if you truly believe your statement then even though I’m not a brain surgeon I’ll be happy to work on yours. sounds good right?
Edgardo Vasquez
Unfortunately for you my friend,driving is a privilege not a right.you do have the right to move free,but when you are driving a vehicle, wich by the way,can have the potential to serve as a weapon if used incorrectly. Is not a right,but just a privilege and can be revoked any given time,you commit an offense, that requires cancelation of your privilege. And does not violate any constitutional rights.im a truck driver,but don’t consent special privileges for some,he said it right:one size fits all.!!!!!and we just have to go with the flow.
Mike
No you are not a truck driver, you just an internet paid troll. Having a cdl is a privilege, hauling a freight is a privilege, that is why we have schools and strict rules of all kinds, fines higher than regular drivers and so on. Gtfo
Terry G
The guy asking for an exemption is what Professional Drivers call a “steering wheel holder”. Don’t like the HOS? Don’t like ELD rules? I don’t like idiots in 63 mph trucks clogging up the middle lane in a 70/75 mph zone. Can’t get around you on the right side and risk a ticket passing you on the left. You should be ticketed for impeding traffic.
I have over 3 million accident free miles behind me. While I agree Some FMCSA rules are stupid. As an example: Taking a 30 minute break after 8 hours of starting your log is dumb.
Lee
What the hell is this Russia ? Seen now hair testing feel
Like that is a an invasion of my privacy to get my DNA. I don’t do illegal drugs but I feel that no one in there is a desperate need for truckers cause truckers are tired of can’t make no good money anymore . Due to low hrs being able to drive smh . I say we all stop driving have a strike the powers that be believe in the union based politics well unions gonna strike right ? Hell no we won’t go you want your load well you need to give some to get some . I’m a safe driver all about control just like Russia . When I woke up this morning could’ve bet the farm that I was in the United States of America ! But land of the free lol don’t see how when paying about $5-6$ a gl of fuel Nothing free here get charged for everything I’ll probably get a bill for making this post
Jermaine Weathers
I’m with you on this strike because it’s ridiculous DOT taking notes from crapy companies like JB hunt ,US express like what’s next A dispatcher from SWIFT gonna be the next president of our country? It’s getting out of hand how about DOT allow us as Truck Drivers make a decision or a input on wtf they’re doing ! It’s seems like everyone has something to say but the ones that’s getting in these trucks everyday away from our family to make A living we wanna be heard we want someone to listen to out cries also we Are human beings as well!!!!!
Donald
The 14 hour work day is unsafe it forces Driver’s to Drive in unsafe conditions I started Driving in 1995 accident free to this Day not because of log books or Elog because I was trained to take a brake when I need to take a brake rush hour traffic in the city’s that I’m going through stop take a brake let the rush hour traffic go on there way and continue on mine after it let’s up if bad weather is coming try and get away from it or wait it out and let it pass and continue on my way In this business of trucking. Or In the business of safety as a trucker to be safe know mater what your job is to do any job right and safe you should never have to be racing a clock these rules and Elog are all for new drivers who have a hard time putting in a 8 hour day at a office job never mind Driving and moving all day Driving schools don’t teach new drivers skills on how to drive safe or even be safe or take care of them selevs on the road all new drivers know is they gotta go go go because there looking at a fourteen hour time bomb clock to get there ten hours of driving in and most can’t drive ten hours brake or know brake there not condition for it and the one’s that are still can’t because of delays traffic and more delays so they get mad frustrated and then there REELY unsafe drivers the fourteen hour window has got to go in my world there has all ways been twenty four hours in a day and there always will be now if you drive five and sleep for five and drive another five and get there safe sound your better of and every one around you is too I call it the five arive alive rule and if it takes a driver fifteen hours or more to get his ten hours of driving in he’s a safer rested driver than anyone who’s racing a clock of a fourteen hour work day look at congress they fall asleep sitting there at meetings imagine them driving for a living and there the one’s making the rules for us it’s a joke and criminal what there doing and they should be held responsible for there actions.
Mark DiBenedetto
Honestly I think the driving limit should be eight hours a day with 12 hours off for rest. A maximum of 50 hours with a full 72 hours off for a reset. These companies think we are robots and treat us as such. So if I had it my way I would reduce the amount of hours in a day that one can run because any professional knows driving 10 hours creates fatigue. And sometimes you can’t get everything you need done in life plus get an eight hour sleep with only 10 hours off the clock.
Marc Riffle
You lack common sense the elog makes a driver a robot as a human you should be able to sleep when you want not controlled the fmcsa doesn’t have a clue what’s safe for anyone
Give me a break
Pick another job if your concern about constitutional rights? WTF??? Hell with that way of thinking, let’s toss out unions, minimum wage, hell force kids back to work.
On a side note, could HOS, Weight Stations be considered interfering with “interstate commerce laws”?
Steven manson
I disagree….he is right not everyone is the same. But companies would expect EVERYONE to roll 16 hrs a day, 7 days a week. Instead of asking for more hours to work how about increasing pay to be productive? Sure it sound like truckers make a lot of money but if you take pay vs hrs worked, we barely make above min wage….
Jason
Companies will push drivers to be on the road way past the point of it being safe. The driver should be the one to say “I’m tired and it’s time for some rest.” So if anyone is to be regulated it should be the companies. Companies should be able to monitor driving conditions via electronic devices that are already common on many trucks. And then request the driver to pull off the road for some rest if it becomes apparent that the driver is drifting out of their lane to often. It should also be a collaboration between driver and the company to help insure public safety. People before profit.