Effective June 18, 2015 the Federal Motor Carrier Safety Administration (FMCSA) approved an exemption for drivers from the half-hour break requirement if they are transporting loads that exceed normal weight and dimensional limits and require a permit issued by a government authority.
The Specialized Carrier & Rigging Association submitted the original application for exemption citing numerous factors complicating the ability of drivers hauling permit loads to adhere to the mandatory rest-break requirement.
The CCTA filed comments with FMCSA supportive of the exemption. In granting the exemption, FMCSA quoted directly from our comments stating that the CCTA “encourages FMCSA to grant the exemption from the 30-minute break requirement (49 CFR395.3 (a) (3) (ii)) requested by SC&RA because we believe granting the exemption request will achieve the same level of safety benefit when compared to those drivers still mandated to take the break.’’
FMCSA did attach strings to the usability of the exemption as follows:
- Drivers of specialized loads moving in interstate commerce that exceed normal weight and dimensional limits — oversize/overweight (OS/OW) loads — and require a permit issued by a government authority, are exempt from the requirement for a 30-minute rest break in § 395.3(a)(3)(ii). Drivers of loads not moving in interstate commerce are not eligible for this exemption.
- Drivers must have a copy of this exemption document in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request (if you need a copy of the Federal Register Notice to comply with this requirement, please contact Joe Rajkovacz at our office 909/982-9898).
- All motor carriers operating under this exemption must have ‘‘Satisfactory’’ safety rating with FMCSA, or be ‘‘unrated.’’ Motor carriers with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ FMCSA safety ratings are prohibited from using this exemption.
- All motor carriers operating under this exemption must have Safety Measurement System (SMS) scores below FMCSA’s intervention thresholds.