FMCSA Announces SDDC HOS Exemption from 30-Minutes Rest Break Provision

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On Monday October 28th, the Federal Motor Carrier Safety Administration (FMCSA) published in the Federal Register a notice, granting the U.S. Department of Defense (DOD) Military Surface Deployment and Distribution Command (SDDC) an exemption from the minimum 30-minute rest break provision of the Agency’s hours-of-service (HOS) regulations for commercial motor vehicle drivers. The exemption will remain in effect for two years. 

The exemption enables SDDC’s contract motor carriers and their employee drivers engaged in the transportation of weapons, munitions, and sensitive/classified cargo to have the same regulatory flexibility already previously provided to those drivers transporting explosives. SDDC believes that shipments moved under the exemption would achieve a level of safety and security that is at least equivalent to what would be obtained from the normal break requirement, because of the implemented continuous attendance and surveillance safeguards. SDDC indicated in their request for the exemption, that a total of 1,942 power units and 3,000 drivers would be currently eligible for the exemption. 

The FMCSA granted the exemption subject to the following terms and conditions:

  • Drivers authorized by SDDC to utilize this exemption must have a copy of the exemption document in their possession while operating and must be presented to law enforcement officials upon request.
  • All motor carriers operating under this exemption must maintain a “satisfactory” safety rating or an unrated status. All motor carriers with a “conditional” or “unsatisfactory” safety rating will not be allowed to utilize the exemption.
  • All motor carriers operating under this exemption must have Safety Measurement System (SMS) scores below FMCSA’s intervention thresholds.
    • Unsafe Driving, HOS Compliance, Crash Indicator: HM=60%, General=65%.
    • Driver Fitness, Controlled Substance/Alcohol, Vehicle Maintenance: HM=75%, General=80%.
    • HM Compliance: HM=80%, General=80%.