AMSA Files Application for Exemption from the 14-Hour Rule
On Tuesday, September 9th, the Federal Motor Carrier Safety Administration (FMCSA) published in the Federal Register a notice of application for exemption from the 14-hour rule by the American Moving and Storage Association (AMSA). AMSA is seeking an exemption from the 14-hour rule in 49 CFR 395.3(a)(2), which prohibits a property-carrying commercial motor vehicle (CMV) driver from driving a CMV after the 14th hour after coming on duty following 10 consecutive hours off duty.
Under AMSA's proposal, the exemption would only be used by drivers who need to move their trucks from the customer's residence to a safe place for overnight parking when there are delays in completing the job. The overnight parking location would offer safety for the occupants of the CMV, security for the CMV and its cargo, and avoid creating a safety hazard on local streets. In no case would the driver be permitted to drive more than 75 miles or 90 minutes after reaching the 14th hour. Upon reaching a safe place to park their CMVs, drivers using this exemption would then be required to take 10 hours off duty before driving again. The driver must notify the motor carrier each time the extension is used. These log entries would provide verification and a record whenever the exemption is used and be available during compliance reviews.
AMSA believes that the requested exemption is comparable to the current regulation permitting certain “short-haul” drivers an increased driving window once per week, and other non-CDL short-haul drivers two such extended duty periods per week. The driving circumstances experienced under this exemption—the relatively short time and distance needed to remove their CMVs from residential areas to safe locations—can be analogous to the “short-haul” situations. AMSA acknowledges that its members and drivers using the requested exemption would still be subject to all of the other Federal Motor Carrier Safety Regulations, including all other hours-of-service requirements.
