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Refinery shutdown pushes FMCSA to temporarily lift hours-of-service rules

Carriers hauling refined petroleum products to parts of Midwest exempt

FMCSA exemption could extend until Sept. 10. (Photo: Jim Allen/FreightWaves)

Federal regulators announced Friday a temporary exemption to hours-of-service rules for carriers hauling fuel products to multiple states throughout the Midwest affected by a refinery shutdown.

Motor carriers and drivers providing “direct assistance supporting emergency relief efforts” by hauling gasoline, diesel fuel, jet fuel or other refined petroleum products to Illinois, Indiana, Michigan and Wisconsin are temporarily exempt. The Federal Motor Carrier Safety Administration said the decision was made to “create more flexibility” for fleets carrying product to the area where supply may be impacted by the abrupt shutdown of BP’s (NYSE: BP) refinery located South of Chicago in Whiting, Indiana.

On Wednesday, a fire at the facility resulted in a loss of power and impacted the site’s cooling water systems. The facility is BP’s largest in the world, capable of producing 440,000 barrels of crude oil daily. No timetable for a restart has been provided, according to reports.

“This Declaration addresses the emergency conditions creating a need for immediate transportation of gasoline, diesel and jet fuel and provides necessary relief,” a statement read.


The exemption does not include route deliveries or mixed loads with only a “nominal quantity” of qualifying freight.

The declaration will remain in effect until the emergency ends or Sept. 10 at the latest.

“USDOT’s top priority is safety, and while current circumstances dictate providing industry flexibility, FMCSA has notified and will work closely with its state and industry partners to monitor driver work hours and conditions for the duration of the exemption,” the statement continued.

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12 Comments

  1. Mike

    Unbelievable, let’s make HOS a safety issue for years and years. Yet this happens to BP and they lift or suspend the HOS. So let’s load a trailer with about 5500 gals of gas/oil and let the truckers drive as long as they can. So much for safety.

    1. Anymouse

      I totally agree, this is absolutely asinine! FMCSA is a freaking joke ! I drove for 40+ years and glad I don’t anymore. Let one of those hotshot kids crash into a bus load of younger kids and see how quick they backpeddle on this stupid decision.

  2. Phillip

    33 years of driving. Started in Louisiana 1992 and 1995 I surrounded it for Texas license. All set I thought for life.

    Now young people involved all over and even FMCSA and I see lots from other countries drive like they don’t care even take rates down I’ve seen and heard . I’ve never saw it being this bad are some how being the only thing center of all things . But there got to be more to talk about ?

    What I’m saying is nothing good is happening period! Everything seams so worse now . From back then . You’d think it would be better. This is making me broke and I cannot support my family of 5 . I’ve always paid taxes . Always worked God bless Us truckers who’s family couldn’t afford to send us to college. And truck driving is all we had even on the farms !

  3. BC

    “The facility is BP’s largest in the world, capable of producing 440,000 barrels of crude oil daily” Huh??? Proof your stories Todd.

  4. Robert Steele

    Yes, let’s exempt some of the worst in the industry. When is FMCSA really going to do anything for drivers? How about you fix the Freight rates and stop letting drivers get screwed daily. Do your jobs and leave working people alone.

  5. Kirk

    As usual when they need trucks all the sudden HOS is exempt
    It’s so tiring any more their unreasonable time frames make it impossible for naps&real food breaks

    1. Bill Bennett

      That’s funny I was thinking the same thing.when it’s a emergency it’s ok.otherwise pay fines for not following orders.who care’s you can’t find a place to park

  6. Ralph

    Lifting the hours of service, that seems to strange.
    That was set in place to control hours of service. Supposably….. Now it gets lifted, the power of control rides in our hands. We are already paying out our pockets to live. Just my opinion

Comments are closed.

Todd Maiden

Based in Richmond, VA, Todd is the finance editor at FreightWaves. Prior to joining FreightWaves, he covered the TLs, LTLs, railroads and brokers for RBC Capital Markets and BB&T Capital Markets. Todd began his career in banking and finance before moving over to transportation equity research where he provided stock recommendations for publicly traded transportation companies.