NPGA Bobtail

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.