Hours of Service Special Exemption Request

Bottom Line: NPGA submitted a special exemption request to FMCSA to extend hours of service during periods of peak demand. After considerable member feedback, NPGA submitted a Special Exemption request to the Federal Motor Carrier Safety Administration (FMCSA) to extend specific portions of the federal hours of service regulations during periods of peak consumer demand.

A summary of the main components of the requested Special Exemption are detailed below.

• Extend the daily driving maximum to 14 hours (currently 11);
• Extend the daily on-duty maximum to 17 hours (currently 14);
• For up to six consecutive days;
• Yearlong;
• On the basis of a period of peak consumer demand, which includes:
  • Railcar delays in excess of five business days;
  • Interruption of electricity services;
  • Interruption of natural gas services;
  • Limitation of pipeline services due to pipeline allocation;
  • Weather- and storm-related events including but not limited to fallen trees, rock and mudslides, and other debris on the roadways as a result of the weather or storm events, snow, below average temperatures for the serviced area, flooding, and tropical storms;
  • Interruption of normal operations due to communicable disease, such as influenza, COVID-19, etc.;
• Valid for a period of five years;
• Available automatically without state or federal action;
• Used at the discretion of the company on a per vehicle/driver basis;
• Recordkeeping burden for the company to document conditions meeting the definition of peak consumer demand and the vehicle/driver that operates under the terms of the special exemption.
  • Location, copies, and period of recordkeeping according to 49 C.F.R. 390.29, 390.31, and 395.8.