Trucking news and briefs for Monday, July 17, 2023:
The Federal Motor Carrier Safety Administration has denied a truck driver’s request for an exemption from the 10-hour break, the 14-hour driving window, the 11-hour driving limit, the 30-minute break requirement and the 70-hours-in-eight-days limit.
John Olier, a truck driver and U.S. Army veteran, requested the exemption in March. In his request, Olier said he has 30 years as a licensed driver, including 11 years as an “expert driver” in the Army and five years as a CDL holder, adding that he has “never had an accident or incident involving safety.”
He added that his prior military experience, which trained him to work with little or no sleep periods, enables him to recognize the warning signs of fatigue and respond appropriately.
Out of 113 comments filed to the docket for Olier’s request, 83 supported the exemption, while another 13 focused more on eliminating or relaxing the HOS rules than the exemption application, FMCSA said. Seventeen commenters opposed the exemption.
Still, like other hours of service exemption requests filed by individuals, FMCSA denied it, saying Olier “failed to establish that he would likely maintain a level of safety equivalent to, or greater than, the level achieved without the exemption.”
The agency also added that it agreed with certain commenters that if it were to exempt one driver, it could open the door for a huge number of similar exemptions. “Such a result would be inconsistent with a primary goal of the HOS regulations," FMCSA said, "which is to prevent crashes arising out of fatigued driving.”
