Special Hours of Service Exemption Granted to Hazmat Drivers

FMCSA granted hazmat driver’s special request to exempt them from rest break rules while attending hazmat shipments.

At issue was the duty of hazmat drivers to attend the shipments during rest breaks for security reasons.  Because attending the shipment was technically an on-duty activity, hazmat drivers could properly register rest breaks as off duty while attending their shipments.  Specifically, on June 13, 2014 the FMCSA rule 76 FR 81134 required that the driver could not be on duty for more than 8 hours if they haven’t taken a 30 minute off duty period since the start of their shift.  By definition, supervising the hazardous materials they were carrying was defined as an on duty activity.  Functionally, limiting drivers to 8 hours of duty time, or having to leave the hazardous materials unattended.  Neither of which is an acceptable option.

The new rule allows hazmat drivers a special exemption for hazardous shipments requiring a security plan;  to count  up to 30 minutes of break time while attending hazardous shipments, as long as the driver does not perform any other on duty activities.

This is a great common sense solution to a difficult regulatory issue and allows hazmat drivers to be able to take a rest break and get the full duty time they should be entitled to.

This exemption parallels an already established exemption for drivers of certain explosives and radioactive materials.

Hazardous Materials Transport Experts

Here at DSN Chemical Transportation we’re hazardous materials transport experts.  If you’re shipping chemicals, either LTL or Truckload in the US or Canada, we’ve got solution to get your shipments moving on-time and safely.  Contact us for further details or a review of your current transportation plan.  We can help!