FMCSA 30-Minute Break Exemption

DANNY CAIN | Safety/Risk Manager

Exemption Overview

The exemption request was filed by the SC&RA in partnership with NBIS Specialized Transportation Risk Management Department

led by Robert C, Moore, Esq.

Docket No. FMCSA-2014-0420

Benefits of Exemption

“It enables all specialized carriers and drivers responsible for the transportation of loads that exceed normal weight and dimensional limits- oversize/overweight (OS/OW) loads – and require a permit issued by a government authority, to be exempt from the 30-minute rest break provision in 49 CFR 395.3(a)(3)(ii)”

Effective DatesThe granted exemption is effective from 12:01 a.m.

June 18, 2015 through 11:59 p.m. June 18, 2017.

This is the maximum period allowed by §381.300

Reasoning Behind Exemption Request

• 30 Minute Break uniquely affected OS/OW Loads placing tremendous burden on driver finding a safe haven to stop.

• Exacerbated number of instances where drivers had to park these loads at roadside, impacting safety of general public and driver.

• Hours of travel restricted by permit from state to state often causing conflict with timing of required 30-minute rest break.

Reasoning Behind Exemption Request

• Nationally, there is a major shortage for parking space especially for OS/OW loads.

• Some state issued permits prohibit deviation from route for rest break requirements, fueling, etc.

• Coordination of breaks created delays which ultimately led to permits expiring.

OS/OW Dimensions• On average OS/OW loads may measure approximately 15-16 feet wide

and high and be in excess of 100 feet in length. Many OS/OW are 20 feet wide and over 200 feet.

• Often safest option is to park on shoulders of interstate routes & other highways and even on ramps leading to & from these highways.

• Many parked loads occupied an entire lane.

OS/OW Transport Objectives• Ensure the safety of transport crew and general public• Protect integrity of cargo & transport equipment• Protection of Infrastructure – roads, bridges, utilities overpasses, etc.

Mitigating Transport HazardsThe order of precedence & effectiveness of hazard control with OS/OW transports are the following:• Engineering controls –Substitution of equipment or

process to decrease hazard

• Administrative controls – Safe work practices, exposure time limitations – control climate exposure or ergonomic hazards

• Personal protective equipment – Used when engineering & administrative controls are not feasible or for additional protection.

OS/OW Route Maneuvering

• Used to avoid various route obstructions when “normal” travel directions must be altered to allow safe passage of transporter and support personnel

Moving east bound in west bound construction zoneEntire west bound traffic shut down.

OS/OW Route Maneuvering

Median cross over to bypass construction and low bridges.

OS/OW Route Maneuvering

Travel Restrictions

Based upon permit approval which includes:• Night transport only• No weekends• No holidays• City curfews-A.M. P.M.

Traveling at Night

Night Hazards = Impaired Drivers!

Road & Traffic Conditions Posing Potential Pull Off Hazards

• Grade of road• Width of road• Shoulder surfaces• Traffic congestion• Overhead energized lines• Tight and narrow turning lanes• Parked vehicles• Shoulder obstructions- guardrails, fencing, trees

Transport Support Activities

Mud mats are laid out to reduce steep grade over RR tracks

Terms of Exemption

1. Drivers of specialized loads moving in interstate commerce that exceed normal weight and dimensional limits – oversize/overweight (OS/OW) loads – and require a permit issued by a government authority, are exempt from the requirement for a 30-minute rest break in § 395.3(a)(3)(ii). Drivers of loads not moving in interstate commerce are not eligible for this exemption.

Terms of Exemption2. Drivers must have a copy of this exemption document in their possession while operating under the terms of this exemption. The exemption document must be presented to law enforcement officials upon request.

Terms of Exemption3. All 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.

Terms of Exemption4. All motor carriers operating under this exemption must have Safety Measurement System (SMS) scores below FMCSA’s intervention thresholds, as displayed at http://ai.fmcsa.dot.gov/sms/.7 BASIC’s – Behavioral Analysis & Safety Improvement Categories1. Unsafe Driving2. Hours of Service3. Driver Fitness4. Controlled Substances/ETOH5. Vehicle Maintenance6. Hazardous Materials7. Crash Indicator

Special Notifications to FMCSAAny motor carrier utilizing this exemption must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5) involving any of the motor carrier’s CMV drivers operating under the terms of this exemption.

Special Notifications to FMCSAThe notification MUST include the following information:A. Name of operating motor carrier and USDOT numberB. Date of the accidentC. City or town, and State, in which the accident occurred, or closest to the

accident sceneD. Driver’s name and license number and State of issuance

Special Notifications to FMCSAThe notification MUST include the following information:E. Vehicle number and State license plate numberF. Number of individuals suffering physical injuryG. Number of fatalitiesH. The police-reported cause of the accident

Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations, and J. The driver’s total driving time and total on-duty time period prior to the accident

TerminationFMCSA will immediately revoke or restrict the exemption for failure to comply with its terms and conditions.

OS/OW Double Wide Loads

Turning Obstructions• Guard rails

• Traffic control devices

• Rail crossing arms• Trees

Fifty-five feet of guardrail removed to make this transport.

• Parked Vehicles• Guide Wires• Poles• Billboards

All pose entrapment hazards with ground personnel

• Hydrants• Buildings• Embankments• Utility Lines

Temporary Removal of Overhead Obstructions

Pre-Trip Safety Briefing

Using Spotter to Check Clearance

↑Higher

ClearanceOn This

Side

Special Parking Considerations

It’s not easy to find multiple staging areas for transporter 350’ long.

Special Equipment Considerations

Case Example - Lessons LearnedPROJECT OVERVIEW:The transport of a 1 reflux vessel measuring 203’ long, 12’9 wide, 14’2” tall and weighing 261,858 lbs. and 1 cold box which measured 54’ long, 16’ wide and 24’8” tall weighing 167,000 lbs.

Both pieces arrived at the Port of Shreveport and were transported 110 miles to Longview, Texas.

These moves involved numerous amounts of pre-move prep work as well as transport coordination between Louisiana and Texas DOT authorities.

Massive coordination and planning also involved numerous utility companies, police agencies, land owners, tree trimming companies, sign removal companies, etc.

Logistical Implications & Concerns Experienced1. Logistics of finding adequate safe haven and pull off for super loads of this magnitude

would have been nearly impossible.

2. Pull off areas for these transports were greatly dictated by the geographical terrain of the transport route.

3. Long stretches of two lane highways afforded no simple remedy to pull over for break.

4. Restricted two lane highway potentially restricted emergency vehicles responding to 911 calls causing critical and life threatening delays.

5. If transport crew doesn’t reach designated pull off area due to required break then additional contingency pull off areas would need to be added increasing costs.

Logistical Implications & Concerns Experienced6. Deviation from established pull off areas would possibly jeopardize the integrity of

underground utilities and infrastructures as they would not have been previously evaluated for ground bearing pressure.

7. Length and weight of our entire transporter took over an hour and half to navigate turns. Getting off road for a break would have taken longer than the actual 30 minute requirement.

8. Averaging 1 mile per hour meant that a 30 minute break in all likelihood would have prevented transport team from reaching designated pull off areas and would have placed us in violation of permit provisions with regards to curfews.

9. 30 minute break would have adverse effect on traffic congestion as well as increased time and hazard exposure to escort personnel, utility support workers and police officers.

Commercial/Public Relations Implications & Concerns Experienced

1. Project costs would most definitely increase with lengthy delays as support personnel would require and bill for extra time. (Hourly/OT rates, extra hotel costs, fuel consumption, meals, etc.)

2. Increased traffic congestion equates to increased agitation on part of general public. In this day and age of social media, local and DOT personnel would be bombarded by text messages, twitter feeds and the like.

3. “Negative Press” has the potential to prevent successful approval of OS/OW permits in the future or restrict previous transport routes through certain communities.

4. Delayed timing of crossing under high voltage transmission lines literally would have added several days to the transport.

Commercial/Public Relations Implications & Concerns Experienced

5. Available electrical clearances were predicated on low peak hours as well as early morning hours when temperatures are cooler.

6. Delays with outages due to transmission lines being de-energized for height clearance issues would have greatly affected businesses and residencies along transport route.

7. Outage delays could increase aggravation of public leading to possible law suits.

8. Customer equipment being delivered late potentially affect critical path activities of project increasing overall costs.

Commercial/Public Relations Implications & Concerns Experienced

9. Transport delays as a result of 30 minute break would require more time in the field with government officials such as bridge engineers, DOT representatives and traffic control personnel.

10. Unexpected delays due to stoppage time increases misinformation given to general public by news outlets & DOT PIO’s creating increased concern, confusion and aggravation.

OS/OW Best PracticesDriver’s should maintain copy of exemption as well as OS/OW permits for at least 7 days beyond the actual transport in case of being audited for HOS violations.

Motor carriers hauling OS/OW loads should pay extra attention to SMS scores as to not trigger an Alert status or exceed FMCSA’s intervention threshold which would forfeit exemption.

Questions

DANNY CAIN | Safety/Risk Manager