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PCCA Journal|3

rd

Quarter 2015

15

M

ost commercial motor vehicles used for

utility service work spend less than two

hours a day on DOT-regulated high-

ways. These trucks are used to move

highly skilled utility workers and special

equipment to and from a jobsite. Once there, these trucks are

our offices and toolboxes. The Department of Transportation

regulates these work trucks in the same manner they do any

over-the-road and freight companies, but the fact is they are

just not the same.

In 2005, the Federal Motor Carrier Safety Administration

(FMCSA) adopted new regulations under the Safe, Account-

able, Flexible, Efficient, Transportation Equity Act. Within

that legislation was an exemption from the federal hours-of-

service (HOS) regulations for operators of commercial motor

vehicles engaged in certain defined operations. One of those

exemptions was 395.1(n) that exempts Utility Service Ve-

hicles from any hours-of-service requirements. Immediately

following the adoption of the new rules, the utility service

companies began to exercise this exemption as the ultimate

provider of the various utilities, but over the decade that

followed, many of the utility companies who exercised their

HOS exemption began to subcontract a more and more of the

service and repair work.

Working closely with one of the PCCA members, Transpor-

tation Safety Consultants established the goal of receiving the

same hours-of-service exemption that the utility companies

received extended to subcontractors. Initially, the goal was

just to be exempt during periods of emergency repair, but the

final outcome was an acknowledgement from the Department

of Transportation that subcontractors meeting the definition

Explaining the Hours-of-Service

Exemption for Utility Service Vehicles

By Peter Lolley

As a Utility Service Vehicle Driver, you are exempt from rules

and regulations set forth in 49 C.F.R. §395 for hour of service.

In the event of a roadside inspection or when asked for a

Records of Duty Status by any law enforcement official, it is

important to know how to respond with the correct informa-

tion.

Question: What is a Utility Service Vehicle?

FMCSA defines a Utility Service Vehicle (USV) as a Commer-

cial Motor Vehicle

• Used in the furtherance of repairing, maintaining, or oper-

ating any structures or any other physical facilities neces-

sary for the delivery of public utility services, including the

furnishing of electric, gas, water, sanitary sewer, telephone,

and television cable or community antenna service; and

• While engaged in any activity necessarily related to the ul-

timate delivery of such public utility services to consumers,

including travel or movement to, from, upon, or between

activity sites (including occasional travel or movement out-

side the service area necessitated by any utility emergency

as determined by the utility provider); and

• Except for any occasional emergency use, operated primar-

ily within the service area of a utility’s subscribers or con-

sumers, without regard to whether the vehicle is owned,

leased, or rented by the utility.

Question: Why am I exempt from Hours of Service?

§ 395.1 (n) states, “Utility service vehicles. The provisions of

this part shall not apply to a driver of a utility service vehicle

as defined in § 395.2.”

Question: When am I required to prepare a driver’s daily log?

Any time your are assigned to a job for a new utility provider

or for a customer that does not provide a utility service,

and will be driving to a location more than 100 air miles

from the facility you started at for that day, or working a

period over 12 hours.

Sample roadside questions from enforcement officers:

“May I see your log book?”

Response: “As a Utility Service Vehicle I have been informed

that we’re exempt from completing a logbook.”

Incorrect Response: “I was told I don’t have to do one.” “I

don’t have one.” “We don’t do them.”

“Who informed you that you’re exempt?”

Response: “I have been trained by our Safety Director and

Compliance Consultant based on guidance from the FMCSA.”

Utility Service Vehicle Directions

Continued on page 16