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PMAA Seeks Additional Regulatory Relief from HOS and ELD Requirements


PMAA has asked the Federal Motor Carrier Safety Administration (FMCSA) to expand the existing 100 air-mile radius exemption from written log books under 49 CFR 395.1(e), in order to provide more flexibility in the driver hours of service regulations and to widen the existing exemption from electronic log book devices (ELD) for short haul drivers. Specifically, PMAA is asking the FMCSA to increase the existing 100 air-mile radius for exemption to 300 miles. The 100 air-mile exemption was established in the 1930’s before the construction of the interstate highway system and the advent of modern, high speed truck equipment. PMAA told the FMCSA that the increase in air miles travelled is justified since today’s drivers can easily travel 300 miles, go off duty within 12 hours and meet the required 10 consecutive hours necessary to qualify for the written log book exemption. Expanding the 100 air-mile radius would remove the single most costly regulatory burden requirement for small business petroleum marketers under the FMCSR by reducing the need for additional drivers and equipment. Since the short haul exemption under the new ELD requirement is tied to drivers using the 100 air-mile exemption under the HOS regulations, the change would increase the number of drivers that will be also be exempt from using ELDs. The change would be particularly helpful for rural drivers who must travel more than 100 air-miles to pick up supply.

PMAA also requested the FMCSA to interpret the ELD exemption to apply to drivers who stay within the maximum air-mile radius, return to their normal reporting location after 12 hours, and take the required 10 hours of consecutive rest regardless of whether they keep written log books. PMAA is asking for this interpretation because many short haul drivers, who would otherwise qualify for the air-mile radius exemption and thus the ELD exemption, often keep written log books anyway for enhanced compliance assurance, payroll purposes or simply to keep track of their on daily duty status. In other words, a driver should not be disqualified from either exemption for keeping a written log book for purposes other than to demonstrate compliance with the HOS requirements.

PMAA told the FMCSA that the two regulatory relief requests put forward by PMAA would save small business petroleum marketers in excess of $30 million dollars in compliance costs while adding efficiency to the downstream petroleum supply distribution chain.

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