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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