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FMCSA rejects another HOS exemption, as split-sleeper flexibility sought

Updated Feb 23, 2023

Trucking news and briefs for Wednesday, Feb. 22, 2023:

The Federal Motor Carrier Safety Administration has denied truck driver Wayne Moore Jr.'s request for an exemption from the hours of service regulations.

Moore, who requested the waiver at the end of November, was seeking a five-year exemption from the 10-hour off-duty rule, the 14-hour driving window, the 30-minute break requirement, and the 70-hours-in-eight-days limit. He did not ask to drive more than 11 hours in an on-duty period.

In denying the request, FMCSA echoed other recent HOS exemption request denials, saying that Moore did not explain how he would maintain a level of safety equal to or greater than the current regulations. 

"Although Mr. Moore stated that he would be responsible for ensuring that he has adequate rest and that he has an excellent driving record and no HOS violations, those representations do not provide a basis from which the agency could conclude that the proposed exemption would provide an equivalent level of safety," FMCSA said. 

The agency has previously denied similar requests from owner-operators Lee and Lisa Schmitt, as well as operator Ronnie Brown III.

[Related: Owner-ops, groups: COVID hours of service waiver should open door for more flexibility]