FMCSA is accepting comments on an application for exemption from a
requirement in the hours-of-service rules from the Institute of Makers of Explosives.
The obligation of drivers of commercial 1.1, 1.2 and 1.3 explosives
exist not only for safety but security reasons, according to the Institute.
The conflict between the regs that require some hazmat loads be
constantly attended and the hours-of-service regs puts drivers in a position to
make a tough decision.
Truckers can’t attend to a load and log it as off-duty time. And, they
can’t take the off-duty time and not attend to the load. That leaves them faced
with violating one set of regs, just to comply with the other.
The explosives institute has asked FMCSA to allow a member of a driving
team who is transporting hazardous materials requiring constant attendance and
is using the sleeper berth to be allowed to exit it for brief periods without
being considered on-duty.
“To preserve the safety and security protections afforded by the use of
team drivers we are requesting an exemption … to allow the off-duty team driver
to provide attendance or to participate in security checks or safety
inspections for brief periods of 30 minutes or less without triggering a change
of duty status and the loss of accumulated sleeper berth time,” the request
Where to send
The comment deadline is May 10. Comments can be submitted anonymously.
All submissions must include the agency name and docket number,
FMCSA-2006-24005. To submit your completed comments, you can:
- Visit http://dms.dot.gov/submit/dspSubmission.cfm type in docket number and follow instructions for submitting comments
- Fax them to: (202) 493-2251; or
- Mail to:
Docket Management Facility,
U.S. Department of Transportation
400 Seventh St. SW
Nassif Building Room PL-401
Washington, DC 20590-0001.
Jones, senior editor