Feds extend mixer truck driver hours exemption to concrete pump peers

Sources: Federal Motor Carrier Safety Administration (FMCSA); CP staff

American Concrete Pumping Association members have secured a five-year exemption from the FMCSA requirement that short-haul drivers utilizing the records of duty status exception return to their normal work reporting location within 12 hours of clocking in. It enables all concrete pump operators, pumping companies, and truck drivers who operate concrete pumps to use the short-haul exception but return to their work-reporting location within 14 hours.

ACPA requested the agency treat concrete pump operators the same as mixer truck drivers, who attained the exemption in 2015 after a concerted National Ready Mixed Concrete Association effort to educate FMCSA on the significant differences between conventional heavy-duty truck driving and ready mixed delivery. ACPA reinforced it case with metrics indicating that concrete pump operators a) spend between 25-32 percent of their time driving during a shift; b) average 20- to 25-mile daily driving distances; and, c) have ample rest time as breaks range from 33-55 percent of their total time pumping.

“The majority of an operator’s time is spent waiting on ready mixed concrete to pump,” the association told the FMCSA. “Like ready-mixed concrete and asphalt pavement delivery trucks, concrete pumps work with a perishable product delivered on a just-in-time basis. Timing and scheduling are critical to ensure a high-quality result. Allowing concrete pump drivers to use the short-haul exception would harmonize the hours-of-service rules for drivers of concrete pumps with the rules for drivers of the vehicles that supply the concrete.”

After analyzing an ACPA application and related public comments, FMCSA determined that the exemption will achieve a level of safety that is equivalent to, or greater than, what would be achieved in its absence. The exemption is subject to these terms and conditions:  

  • Drivers must return to the work reporting location and be released from work within 14 consecutive hours of coming on duty.
  • Drivers must have a copy of the exemption document while operating under exemption terms, and present it to law enforcement officials upon request.
  • All motor carriers operating under the exemption must have a “Satisfactory” safety rating with FMCSA, or be “unrated.” Motor carriers with “Conditional” or “Unsatisfactory” ratings are prohibited from using the exemption.

 

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