The Federal Motor Carrier Safety Administration has granted the National Asphalt Pavement Association (NAPA) two exemptions from federal hours-of-service regulations.
The NAPA requested the hours-of-service exemptions stating that asphalt pavement mixture is a perishable product that has to be delivered at the right time, at the right temperature, and granting these HOS exemptions would ensure smooth operations.
The associations also maintained that the requested exemptions are very similar to existing exemptions afforded to drivers of ready-mix concrete mixer trucks.
The Vice President for Environment, Health & Safety of NAPA, Dr. Howard Marks said:
“Because drivers of asphalt-related trucks generally operate within limited areas and spend a good portion of their day waiting to load or unload their trucks, as opposed to driving, these drivers do not face the short of fatigue factors long-haul truckers face or that HOS regulations were developed to address.”
In response to the application, the FMCSA agreed with NAPA’s stance. The agency said that “drivers of asphalt delivery vehicles typically drive approximately one-third of their workday; the rest of their day is spent waiting to load or unload their vehicles and in other non-driving duties such as paperwork and cleaning their trucks after each load.”
The exemptions were published in the federal register on Jan 26 and became effective the same day. These exemptions would be valid for five years for vehicles associated with the “transportation of asphalt and related materials and equipment,” that include “dump trucks, distributor trucks, water trucks, equipment haulers, and other similar equipment.”
The two HOS exemptions are:
Dan Gallagher, the Chairman and COO of Gallagher Asphalt in Thornton, IL, thanked the agency for understanding the position of NAPA and approving the requested exemptions.
“We are grateful FMCSA saw the need to exempt drivers associated with asphalt paving operations from these hours of service regulations. This allows us to ensure drivers are able to work as needed to deliver a quality product when it is needed,” he said.