Search

FMCSA Grants Hours-of-Service Exemption for Certain Hazmat Cargo

Posted on 8/27/2015 by Roger Marks

In the August 21, 2015, Federal Register, the US Federal Motor Carrier Safety Administration (FMCSA) granted an exemption from one facet of the Federal hours-of-service (HOS) rules for truck drivers hauling certain “security-sensitive” hazardous materials that require a US DOT Security Plan.

For some hazardous materials—like explosives, weapons, or radioactive materials—the law (or the shipping contract) may require that the driver “attend to” or watch over the shipment at all times during transport. When the vehicle is stopped, the driver must attend to the hazmat cargo to prevent unauthorized access.

New FMCSA Exemption

Under the Federal hours-of-service rules, drivers of commercial motor vehicles (CMVs) are prohibited from driving a CMV if more than eight hours have passed since the driver’s last thirty-minute off-duty or sleeping period. Time spent attending hazmat cargo is considered on-duty time.

In response to a request from the American Trucking Association (ATA), FMCSA has granted an exemption to allow “attending” time to instead be counted toward the driver’s thirty-minute rest period, provided the driver does not engage in any other on-duty activity while attending the cargo. FMCSA believes the exemption will achieve an equivalent or greater level of safety, as “attending” cargo is unlikely to contribute to driver fatigue. In addition, counting attendance time as rest time will prevent the driver from having to leave the vehicle to complete his or her thirty-minute rest period.

US DOT hours-of-service hazmat security attendance


This exemption is limited to drivers transporting:
  • HM loads requiring placarding under 49 CFR 172, Subpart F;
  • Select agents and toxins identified in 49 CFR 172.8(b)(13) that do not require placarding; and
  • Any hazmat for which the DOT Security Plan requires constant attendance in accordance with 49 CFR 172.800–172.804.
In addition, use of the exemption is limited to motor carriers with a “satisfactory” safety rating, or carriers that are “unrated.”

The exemption will last for two years, at which time it will be eligible for renewal.

Which Hazmat Shipments Require a Security Plan?

Under the US DOT’s Hazardous Materials Regulations (HMR), certain materials require the “offeror” (i.e., the shipper) to develop and maintain a Security Plan. First required by US DOT in 2003, these plans are designed to ensure that hazmat shipments are protected from malicious misuse, sabotage, and diversion during transport.

For more information about when a security plan is required, click here: Question of the Week: When Do I Need a Security Plan?

Tags: DOT, hazmat shipping, new rules

Find a Post

Compliance Archives

Lion - Quotes

As always, Lion never disappoints

Paul Resley

Environmental Coordinator

Lion Technology workshops are amazing!! You always learn so much, and the instructors are fantastic.

Dorothy Rurak

Environmental Specialist

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

I can't say enough how pleased I was with this course! Everything finally makes sense.

Kim Graham

Lab Manager

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

The instructor was very patient and engaging - willing to answer and help explain subject matter.

Misty Filipp

Material Control Superintendent

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

Download Our Latest Whitepaper

What to do before, during, and after a RCRA hazardous waste inspection to defend your site from rising State and Federal penalties.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.