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

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

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

I have attended other training providers, but Lion is best. Lion is king of the hazmat jungle!!!

Henry Watkins

Hazardous Waste Technician

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

Lion was very extensive. There was a lot of things that were covered that were actually pertaining to what I do and work with. Great Job. I will be coming back in three years!

Tony Petrik

Hazmat Shipping Professional

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry.

Frances Mona

Shipping Manager

Download Our Latest Whitepaper

Look beyond the annual "Top 10 List" to see specifics about the most cited OSHA health & safety Standards and the individual regulations that tripped up employers the most last year. 

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.