The FMCSA Extended the Hours of Service Rules Suspension Again

Back in March, when the effects of the coronavirus pandemic were emerging in the United States, the Federal Motor Carrier Safety Administration (FMCSA) – the agency that is in charge of regulations for the nation’s 6 million professional commercial drivers – temporarily suspended the Hours of Service (HOS) rules for truck drivers transporting goods in support of COVID-19 outbreak emergency relief efforts.

The purpose of suspending the rules in March was to give truck drivers and their trucking carriers more flexibility to meet demands for COVID-19 supplies. The initial end date for the rules suspension was July 15. However, due to continuing issues with the pandemic, the FMCSA delayed the end date for the suspension until December 31, 2020.

Which carriers are exempt from the rules?

To be exempt from the HOS rules, truckers must be carrying any of the following as they relate to COVID-19:

• livestock and livestock feed;
• medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;
• supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants; and
• food, paper products and other groceries for emergency restocking of distribution centers or stores.

The exemptions do not apply to commercial trucks who are carrying additional supplies on their regular routes. In other words, a truck driver who delivers sheet metal is not exempt simply because he or she also has a few dozen boxes of hand sanitizer on the truck.

Sacrificing safety for faster delivery?

The primary focus of trucking companies is to maximize the number of deliveries and expedite delivery speed. The latest rules suspension is likely welcome news to any companies competing for the delivery of essential goods, though some truck drivers have expressed concerns.

That concern is well-founded. Despite the FMCSA’s commitment to reducing driver fatigue, as stated in the announcement about the suspension, suspending the rules that guide shipments is a risk. A tired driver is more dangerous than an alert one, and it doesn’t matter if he or she is hauling furniture or N95 masks and respirators. HOS rules were put into place to keep everyone safe on the roads. A pandemic doesn’t change that. COVID-19 already causes enough risks to our collective and individual health; increasing the risk of a collision with a commercial truck should not be one of them.

If you or a loved one has suffered an injury resulting from a crash with a large commercial truck or tractor-trailer, our Maryland truck accident attorneys at Plaxen Adler Muncy, P.A. are here to help. We are your strong advocates to pursue the compensation you deserve for your injuries. Give us a call today at 410.730.7737 or complete our contact form to arrange a free consultation about your case.