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The Federal Motor Carrier Safety Administration (“FMCSA”) recently announced hours-of-service exemptions for drivers of commercial motor vehicles (“CMV”) transporting certain types of goods. The exemptions are broken down below:
OVERWEIGHT/SPECIALIZED CARRIERS – All specialized carriers and drivers transporting oversize/ overweight loads in interstate commerce requiring a governmental permit

Exemption
Exempt from 30-minute rest break requirement

Expiration Date
June 18, 2017

Requirements
• Load must be moving in interstate commerce
• Driver must have copy of the exemption document in possession
• Motor carrier must have satisfactory safety rating or be unrated
• Motor carrier must have Safety Measurement System scores below intervention threshold
LIVESTOCK HAULERS – Drivers hauling livestock, defined as: “cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals . . . that are part of a foundation herd (including dairy producing cattle) or offspring . . . ” in interstate commerce

Exemption
Exempt from 30-minute break requirement while the livestock is loaded on the CMV

Expiration Date
June 12, 2017

Requirements
• Motor carrier must have a satisfactory safety rating or be unrated

CONCRETE HAULERS – Drivers of ready-mixed concrete trucks

Exemption
Permitted to use 30 minutes or more of “waiting time” to fulfil rest break requirement

Expiration Date
April 3, 2017

Requirements
• Must be waiting with CMV at job site or terminal and performing no other on-duty activities
• Driver must have copy of the exemption document in possession
• Motor carrier must have satisfactory safety rating or be unrated
• Motor carrier must have Safety Measurement System scores below intervention threshold
BEE HAULERS – Drivers transporting bees in interstate commerce

Exemption
Exempt from 30-minute break requirement while the bees are loaded on the CMV

Expiration Date
June 19, 2017

Requirements
• Must have a satisfactory safety rating or be unrated
• Driver must have copy of the exemption document in possession
RADIOACTIVE MATERIAL TRANSPORTERS – DOE contract driver-employees hauling security sensitive radioactive materials

Exemption
Permitted to use 30 minutes or more of “on-duty attendance time” in order to comply with 30-minute break requirement

Expiration Date
June 30, 2017

Requirements
Driver must not be performing other work during attendance time

PASSENGER CARRIERS– Drivers of regular route passenger carriers

Exemption
Exempt from changing duty status from “driving” to “on-duty not driving” for certain stops

Expiration Date
May 31, 2017

Requirements
• Stop must be less than 10 minutes

TRANSPORTERS OF SECURITY-SENSITIVE HAZARDOUS MATERIALS – Drivers carrying security-sensitive hazardous materials subject to security plans under Pipeline and Hazardous Materials Safety Administration regulations

Exemption
Permitted to apply “on-duty attendance” of hazardous materials towards 30 minute rest break requirement, provided no other “on-duty” tasks performed

Expiration Date
August 21, 2017

Requirements
• Driver must be transporting hazardous material requiring placarding pursuant to 49 CFR part 172, subpart F, or select agents and toxins identified in § 172.800(b)(13) that do not require placarding
• Must have filed security plans requiring constant attendance of hazardous materials pursuant to §§ 172.800–804.
• Carrier must be unrated or have a satisfactory safety rating.
• Exemption document must be in driver’s while utilizing exemption and it must be presented to law enforcement upon request.
Finally, if a commercial motor vehicle utilizing the exemption is involved in an accident while operating under the terms of the exemption, the carrier must notify the FMCSA within 5 business days of such accident. These notifications must include certain information and must be e-mailed to the FMCSA.