Exemption Offers Five Years of HOS and ELD Flexibility Around the Holiday
Thousands of truck drivers delivering fireworks for July 4th celebrations will experience some relief from federal working-hour rules, thanks to an exemption granted by the Federal Motor Carrier Safety Administration (FMCSA).
The exemption, effective from June 28 through July 8 each year until 2029, applies to approximately 44 private carriers and around 3,000 drivers. This temporary measure allows these drivers to bypass specific hours-of-service (HOS) limits and electronic logging device (ELD) requirements during the holiday period.
Under current regulations, drivers are prohibited from driving beyond the 14th hour following 10 consecutive hours off-duty, and they are required to track their time using ELDs. However, the exemption permits drivers to exclude off-duty and sleeper berth time from the calculation of the 14-hour driving limit. Additionally, they can use paper logs instead of ELDs to record their work hours.
This updated relief renews waivers that expired last year. FMCSA justified the exemption by stating, “The exemptions … will likely achieve a level of safety that is equivalent to or greater than the level that would be achieved in the absence of the exemptions.”
Julie Heckman, Executive Director of the American Pyrotechnics Association (APA), supported the exemption, emphasizing its importance to Independence Day celebrations. “Without these exemptions, America’s traditional celebrations of Independence Day would be at risk, as there are no practical alternatives available for compliance,” Heckman stated in a request made on behalf of the APA’s members.
“The HOS requirements on small businesses should be modified for this limited time each year to permit this small number of fireworks carriers to conduct Independence Day fireworks displays while maintaining an equivalent level of safety on our highways and in our communities,” Heckman added. She pointed out that APA members have operated under similar exemptions for the past 20 years without incidents, injuries, or fatalities, demonstrating that safety will not be compromised.
Addressing Concerns About Safety Risks
While the exemption has been praised by many, it has also faced criticism. An anonymous public comment argued that the exemption could increase the risk of accidents involving hazardous materials, potentially leading to major incidents requiring a multi-agency response.
FMCSA addressed these concerns with a thorough review of the safety records of the 44 APA member companies covered under the exemption. The agency evaluated each carrier’s active USDOT registration, insurance coverage, and compliance with safety regulations.
“FMCSA reviewed its Motor Carrier Management Information System safety records, including inspection and crash reports submitted by state agencies. The motor carriers have ‘satisfactory’ safety ratings … and valid Hazardous Materials Safety Permits. Additionally, the Pipeline and Hazardous Materials Safety Administration reviewed its own records and found no adverse data,” the FMCSA clarified in response to the concerns.
By ensuring these measures are in place, FMCSA aims to balance public safety with the logistical needs of organizing one of America’s most cherished holiday celebrations.
Source: Freightwaves
