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.”
Gurpreet
Gov shouldn’t be involved
Jesse
I have been driving truck for nearly 15 years now and I also have been around the trucking industry my entire life. To be honest the government absolutely should not be involved in anything that we s do. I myself know my body and know my limits to when and how long to sleep or drive. I agree whole heartedly with doing away with HOS.
Adrian Flores
I have been in trucking for 22 years since i was 19 years straight out of high school… this industry has changed so much over the years… i am ready to retire otr cause its cheaper for me to stay home than to keep being out with a horrible market.. i agree i am a resposible driver and more than half the time im trying to beat the damn clock but one thing that needs to consider is that thos will open a can of worms cause if they do it for one they have to do it for all… think about that and not everyone can be responsible as us veteran drivers…
Marcel Chineke
I’m my opinion, I do not think the HOS regulations makes the road more safety than non HoS regulations because, you may have delays at shipper and a huge traffic on the road (which is always the case) then in order to beat the clock, you are speeding as you shouldn’t without considering for a brief stop to rest. But when you know that you can stop at any time and can have a couple of hours of rest/sleep, then resume driving without having to wait for a full 10 hours, then, you shouldn’t be in a hurry or worry about running out of time. That makes you drives calmly and safely without worrying about any violation.
Jean Saint Fleur
Why FMCSA can’t let driver drive their 11hr without 14hr clock pending. Example if I’m at the shipper or receiver let’s say I drove 3hr of my 11hr suddenly I spent 5hr waiting I shouldn’t have to worry about my clock going down I should have to use my full hr regardless of time I sit at shipper or receiver
Denis Charbonneau
One SIMPLE rule:
8 hours REST time TOTAL (consecutive or split 1 or more times as needed)
PER 24 hours.
8 billions people around the world do it that way…
Let NATURE perform !
Andre' Poole
Well, maybe they’re appeasing the Driver as a matter of their protocol in such an appeal, however, I’m surprised they’d even consider his argument. His position is inherently hazardous to public safety
if not closely regulated, a primary duty of any civilized government. Try another line of work if your constitutional rights are of more concern than safety of motoring public.
Ells
You really should have kept those comments to yourself
Beezy
It should be done for every truck driver we all deserve it or should have choice to do it
Jonathan Frye
So how much does this guy really want to work 80 90 100 hours a week if he gets the exempt status the companies will get the exempt status and then they will push us farther than we’ve ever been pushed before this is stupid we need hours of service regulations because if we didn’t have those I guarantee you there are companies out there that will make you drive and drive and drive until you drop it’s dangerous and irresponsible
James beauregard
Only job as an adult where your not allowed to make adult decisions and work to support your family, and the federal government doesn’t understand why there is a shortage of drivers as they keep piling on more laws, tickets and regulations, nothing like people who drive their cars 18hrs a day making a law and who have never drove a truck. Our country is in the crapper
Andre' Poole
Shortage of Drivers is due to companies using skilled “salespersons” as recruiters/managers that are more concerned with telling Drivers what they want to hear rather than reality. Other reason is the job really ISN’T FOR EVERYONE THAT TRIES IT .