WASHINGTON — Truck drivers hauling fireworks for the upcoming July 4th holiday shows will not have to worry about certain federal work-hour requirements with relief provided by FMCSA.
The safety agency will exempt approximately 44 private carriers and their approximately 3,000 drivers from an hours-of-service and electronic logging device (ELD) requirement for the period from June 28 through July 8 through 2029, according to a notice posted by FMCSA on Wednesday.
Specifically, the exemptions allow the drivers of these companies to exclude off-duty and sleeper berth time of any length from the calculation of the 14-hour driving window limit and to use paper to record their work hours instead of ELDs.
Current regulations prohibit drivers from driving after the 14th hour after coming on duty following 10 consecutive hours off duty, and are required to log their time using ELDs.
The updated relief, which is subject to terms and conditions, renews similar waivers and exemptions that expired last year.
“FMCSA has analyzed the application for exemptions and the public comments and has determined that the exemptions … will likely achieve a level of safety that is equivalent to or greater than the level that would be achieved in the absence of the exemptions,” the agency stated.
“Without these exemptions, America’s traditional celebrations of Independence Day would be at risk, as there are no practical alternatives available for compliance,” wrote American Pyrotechnics Association (APA) Executive Director Julie Heckman, in requesting the FMCSA exemption on behalf of APA’s members.
“The HOS requirements on small businesses should be modified for this limited time each year to permit this small number of fireworks carriers to conduct Independence Day fireworks displays while maintaining an equivalent level of safety on our highways and in our communities. Indeed, the experience of APA members operating under the HOS exemption for the past 20 years without any incidents, injuries or fatalities demonstrates that the exemptions will not adversely affect safety.”
APA’s request prompted two public comments, with one recommending FMCSA reject the request because it would allow hazardous materials to be hauled “with a very high likelihood of an accident becoming a major incident requiring multi-agency response,” according to the anonymous comment.
In response, FMCSA stated it evaluated the safety records of the 44 APA member companies to which the exemptions apply to ensure that each carrier possessed an active USDOT registration, minimum required levels of insurance, and was not subject to out-of-service orders.
“FMCSA reviewed its Motor Carrier Management Information System safety records, including inspection and crash reports submitted to FMCSA by state agencies. The motor carriers have ‘satisfactory’ safety ratings … and valid Hazardous Materials Safety Permits. In addition, the Pipeline and Hazardous Materials Safety Administration reviewed its investigative records and found no adverse data.”
