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PCCA Journal|3

rd

Quarter 2015

16

outlined in 395.2 received the same hours-of-service exemp-

tion that the utility providers did.

The HOS exemption is not an all-or-nothing situation.

Unfortunately, it is not as simple as just making the deter-

mination that your company is, or is not, exempt under the

rule. Working with the FMCSA Office of Enforcement for the

Midwest Region Center, Transportation Safety Consultants

were given further guidance on how to apply the regulation.

Trip-by-Trip Basis

First, the exemption is on a trip-by-trip basis. A company

may have a driver who is exempt today based on variables

such as the utility customer and what work is being per-

formed, but that same individual may be regulated tomorrow

based on what his or her task is for that day. To assist with

these types of issues, a driver handbook was developed and

included a list of frequently asked questions that provide

some direction as to when a driver is or is not exempt. Each

handbook included:

• Utility Service Vehicle Definition under 395.2

• Hours-of-service exemption regulation under 395.1(n)

• Probable Q&A with roadside enforcement officers

• When a driver is required to prepare a driver’s daily log

• Guidance from FMCSA Midwest Region Center for applica-

bility

• Confirmation of the exemption from FMCSA State Program

Manager

Second, the exemption is intended for the repair, opera-

tion, or maintaining of utility service. Any new construction

would not applicable and then would be subject to the hours

of service requirements in part 395. The following situations

would not qualify to be exempt:

• Construction of new buildings or structures

• Construction of transmission lines

• Construction of any new service area

[Editor’s note: In an October 20 call with several PCCA

members, staff at the FMCSA’s Driver and Carrier Operations

Division said that upgrade work—such as replacing existing

copper lines with fiber or replacing existing steel gas lines

with plastic—is considered maintenance, not new construc-

tion, and would therefore qualify to be exempt.]

Education Is Crucial

Ultimately, educating the drivers of how to apply the exemp-

tion is the most crucial part to a successful implementation

of the exemption. Under certain situations, drivers aren’t

required to carry a driver daily logbook, but it’s the drivers

understanding of his requirements and proper explanation to

roadside enforcement that will make the exemption success-

fully utilized.

The FMCSA’s ultimate goal is to eliminate fatal accidents

caused by commercial motor vehicles. In most cases, a

commercial driver of a utility subcontractor will organically

remain within the hours established within the regulations.

What the exemption offers is the flexibility to meet the

needs of the utility customer without risk of compliance

concerns.

Peter Lolley is Compliance & Safety Special-

ist for Transportation Safety Consultants

Inc. He is a Certified Director of Safety,

North American Transportation Manage-

ment Institute, and serves on the Missouri

Trucking Association’s Council of Safety

Supervisors. He also has HazMat Certifica-

tion from the USDOT Transportation Safety Institute.

Hours of Service Exemption

Continued from page 15

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