A petition asking for expanded hours of service for drivers, supported by the American Farm Bureau Federation, the National Cattlemen’s Beef and other groups, was denied by the Federal Motor Carrier Safety Administration in late November.
The requested exemption was made on behalf of drivers who transport livestock, insects and aquatic animals, according to the agency.
The applicants requested approval for drivers, after 10 consecutive hours off duty, to drive through the 16th consecutive hour after coming on duty, and to drive a total of 15 hours during that 16-hour period.
“The FMCSA analyzed the application and public comments and has determined that the exemption would not achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption,” the agency said in its Nov. 29 ruling.
In public input received on the petition, the agency said the Iowa Motor Truck Association commented that livestock haulers should be held to the same hours of service standards as the rest of the industry. The group said if these loads require the truck to keep moving due to the live animals on the truck or trailer, and the run can’t be completed within the normal 11 hours of driving, then the carrier should be required to put a team of two drivers into the vehicle.
Having team drivers would enable them to get the load delivered while remaining in compliance with the standard hours of service regulations, the group said. The group further added that livestock haulers are already exempt from hours of service under the agricultural exemption when running within a 150-mile radius and from the requirement to operate electronic logging devices (ELDs).
The supporters of the exemption, the agency said, reiterated the scenario provided in the application and supported four additional hours of drive time to facilitate longer hauls that are necessitated by the distances between where cattle are born, fed and harvested.
The supporters referenced industry guidelines that direct drivers to avoid stops while hauling livestock, especially in warmer weather, as the trailers are designed to cool the animals while in motion. According to many who supported the request, the majority of livestock cannot withstand the stress of 10 hours stopped without airflow or the added time on the trailer necessitated by such an extended rest.
FMCSA said it evaluated the joint application and public comments and denied the exemption request.
“If the Agency were to grant the exemption, drivers transporting agricultural commodities would be allowed six or more hours of driving time within the 150 air-mile exempt zones for the transportation of agricultural commodities, in addition to the 15 hours of driving time outside the zone,” the agency said. “The agency finds that allowing 21 or more hours of driving during a work shift would not likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent the exemption.”
Although the applicants suggest that they could adopt a fatigue risk management system to ensure safety, fatigue risk management systems must be scientifically validated, the agency said.
FMCSA has promoted the voluntary adoption of fatigue management programs, including the North American Fatigue Management Program. However, the agency said those voluntary fatigue management measures do not replace the safety benefits of compliance with the hours of service regulations.
