PMAA Recommends Regulatory Relief Changes to Driver Hours of Service Requirements

PMAA submitted written comments last week to the Federal Motor Carrier Safety Administration (FMCSA) on regulatory relief proposals concerning driver's hours of service that would benefit petroleum marketers operating cargo tank and transport vehicles. FMCSA issued the Notice of Proposed Rulemaking (ANPRM) as part of President Trump's regulatory rollback initiative. FMCSA invited industry stakeholders to offer suggestions on which regulations were the best candidates to reduce compliance costs in a meaningful way. PMAA and NEFI met with the Administrator of FMCSA, Ray Martinez earlier this year, to promote changes that would benefit petroleum marketers with fuel transport operations. PMAA made several regulatory relief suggestions directly to the Administrator that were included in the FMCSA ANPRM. FMCSA chose to focus their first round of regulatory relief efforts on driver hours of service, with more proposals to follow soon.

FMCSA included a request from PMAA and NEFI for changes to the 100 air-mile radius exception from recording driver hours of service. PMAA and NEFI recommended that the exception be changed in two ways; increase the number of daily on-duty hours from 12 to 14 for driver's operating under the exception; and expand the 100-mile air radius to 150 miles to capture all drivers employed by petroleum marketers, including those travelling to distant terminals. The changes would expand the class of drivers qualifying for the short haul exception, increase the number of hours drivers can be on-duty each day, and broaden the exception form using electronic recording devices to record hours of service to include all drivers. PMAA comments also included a request to allow drivers to count wait time at terminals as off-duty time. This change would significantly increase driver productivity by ensuring that daily on duty time is maximized for driving and not eaten up waiting in line at the terminal rack. PMAA will follow up with additional regulatory relief recommendations as the FMCSA process moves forward.