FMCSA Releases Hours of Service Rule

This week, the Federal Motor Carrier Safety Administration (FMCSA) released its Final Rule: Clarification to the Application of Emergency Exemptions. FMCSA proposed this rule on December 8, 2022, and attempted to cut the standard duration of a regional hours of service waiver from 30 days to 5 days. NPGA provided a comprehensive comment on the rulemaking, and FMCSA provided that in lieu of a 5 day duration for a regional hours of service waiver, it would provide a 14 day standard duration for an hours of service waiver, subject to extension. This duration is the same amount provided in the 48 state hours of service waiver NPGA secured over the holidays in 2022.

Further, the Final Rule states “FMCSA notes that in some cases, emergency declarations are issued in advance of an event that can be reliably predicated, such as a hurricane, blizzard, or flooding.” NPGA anticipates using this language to advocate for advanced declarations of hours of service waivers in the coming winter, should such waivers be required, in order to provide for enhanced preparations for storms.

For further information, please contact NPGA Vice President of Industry & Regulatory Affairs Benjamin Nussdorf.