FMCSA Grants One SC&RA Exemption; Denies Other

- According to the Federal Register/Vol. 81, No. 211/Tuesday, November 1, 2016/Rules and Regulations, FMCSA announced its decision to grant SC&RA’s exemption request for mobile crane operators from the 30-minute rest break rule of the Agency’s hours-of- service (HOS) regulations.  The exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is effective November 1, 2016 through November 1, 2018.  

Terms of the exemption include:
  1. All motor carriers and drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons are exempt from the 30-minute break requirement of 49 CFR 395.3(a)(3)(ii). The lifting capacity of the crane must be displayed on a manufacturer’s certification plate on the crane or in manufacturer’s documentation carried on the vehicle.
  2. Drivers must have a copy of this exemption document* in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request.
  3. Motor carriers operating under this exemption must have a ‘‘Satisfactory’’ safety rating with FMCSA, or be ‘‘Unrated.’’ Motor carriers with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ FMCSA safety ratings are prohibited from using this exemption.
*Exemption document refers to the Federal Register notice. 

All qualifying motor carriers and drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons are exempt from the 30-minute break provision. FMCSA has analyzed the exemption application and public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

The Agency denied SC&RA’s further request for exemption from the 14-hour driving window of the HOS rules citing: “The absence of this limit would allow drivers to operate without any restriction on the length of their duty day. The risk that safety would deteriorate in the absence of this requirement is high.”

Read the entire Federal Register/Vol. 81

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