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FMCSA denies small fleet's hours of service exemption request

Trucking news and briefs for Tuesday, Feb. 21, 2023:

The Federal Motor Carrier Safety Administration has denied a request for a temporary hours of service exemption from small fleet Flat Top Transport.

According to FMCSA’s SAFER website, Holland, Michigan-based Flat Top Transport operates 11 trucks and has 11 drivers.

On Aug. 31, 2022, Flat Top requested a four-month exemption for “immediate and emergency delivery of dry and bulk food grade products to locations that supply stores and distribution centers nationally.”

In its request, Flat Top said the exemption was necessary due to strict time constraints for the goods to be delivered, along with railroads being limited, a shortage of truck drivers, inflationary pressures on parts and services, and more. The company said it hauls products such as food-grade flour, corn meal, and salts used to produce cereals, baked goods, canned goods, and meat processing.

In denying the request, FMCSA said it “continues to monitor unique challenges motor carriers and drivers experience” while moving freight and “works to ensure that safety is not compromised. ... Supply chain issues alone, however, do not provide a sufficient basis to exempt motor carriers transporting dry bulk food grade products from the HOS regulations.” FMCSA concluded that Flat Top did not explain how it would achieve an equivalent level of safety if granted the exemption, a reason FMCSA has frequently given in denying specific requests from companies and owner-operators.

[Related: Three glaring problems with 'driver shortage' narratives]