FMCSA denies veteran trucker’s request for a 5 12 months HOS exemption for himself solely

The Federal Motor Provider Security Administration (FMCSA) has handed down a call on a trucker’s uncommon request for a private exemption from federal Hours of Service (HOS) guidelines.

In a doc to be revealed within the Federal Register on November 9, 2022, the FMCSA declares its resolution to disclaim the appliance from Leland Schmitt, Jr., requesting an exemption from 5 provisions of the federal HOS laws for himself solely.

In June 2022, the FMCSA revealed the exemption request from Schmitt, who’s an owner-operator with 30 years of expertise driving industrial autos.

Schmitt’s predominant argument towards federal HOS guidelines — and the obligatory 10 hour off-duty break particularly — is that they “go towards” his pure sleep patterns.

From the FMCSA discover:

The applicant believes that his stage of security beneath this exemption can be higher than he might obtain by complying with the HOS laws as a result of he’ll obtain the correct relaxation wanted when he wants it. He factors to his wonderful driving file and 30 years of protected driving expertise. He states that he has not been concerned in any crashes and that he has amassed over three million protected driving miles throughout his truck driving profession. He additional signifies that he’s not requesting an exemption from the required 11 hours of whole driving time, which shall be correctly recorded by the digital logging system (ELD) within the automobile. In his utility for exemption, he additionally cites a sleep examine by the Massachusetts Institute of Expertise, which he states finds ‘no influence from extra night time sleep, although naps assist.‘”

The FMCSA obtained 651 public feedback on Schmitt’s request. Of these, 350 had been in favor, 68 had been opposed, and 229 weren’t both for or towards the request. Lots of the commenters argued that trucking is over regulated. Others advised the FMCSA that the company mustn’t permit an exemption of this nature for a single driver. Nonetheless different commenters mentioned that if the exemption was granted, it ought to apply to all CMV drivers.

The FMCSA mentioned that they opted to finally deny the petition as a result of “Mr. Schmitt failed to ascertain that he would preserve a stage of security equal to, or higher than, the extent achieved with out the exemption.”

The company additionally agreed with commenters who argued that “if it exempts one particular person from the HOS laws, it might open the door for an enormous variety of related exemption requests.”

Trucker Ronnie Brown III additionally made an analogous request of the FMCSA over the summer time. Brown requested the FMCSA for regulatory aid for himself solely from each HOS laws and digital logging system (ELD) guidelines.

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