Two Trucking Companies Seek Five-Year Relief From FMCSA Hours-of-Service Rules

New Exemption Requests Could Expand Long-Term HOS Flexibility

Two private transportation companies have submitted separate applications to the Federal Motor Carrier Safety Administration (FMCSA) requesting long-term exemptions from the federal Hours-of-Service (HOS) regulations. If approved, each exemption would remain in effect for up to five years, allowing the companies to operate outside certain HOS requirements under specific circumstances.

Although both requests were filed independently, they appeared in the Federal Register on the same day, drawing attention within the trucking industry because both originate from private businesses rather than industry associations.

HOS Exemptions Differ From Temporary Waivers

It is important to distinguish FMCSA exemptions from waivers. While waivers are generally issued for short-term situations or emergencies, exemptions provide much longer regulatory relief, typically lasting four to five years.

Many existing exemptions apply to entire industry groups instead of individual carriers. For example, members of the Specialized Carriers & Rigging Association are currently permitted to bypass the federally required 30-minute rest break when transporting oversized or exceptionally heavy loads under an exemption that remains valid through 2030.

Some individual companies have also received temporary waivers in the past, including Cleveland-Cliffs, the major steel manufacturer.

Ten Active HOS Exemptions Currently in Effect

According to the FMCSA, there are currently 10 active HOS exemptions covering a mix of private companies and transportation organizations.

Among the most recognizable recipients is UPS, which received approval allowing its drivers to enter information into portable electronic logging devices (ELDs) without powering on the vehicle and without repeatedly re-entering "yard move" status after every power cycle.

Other exemptions are much more specialized. Packaging company WestRock, for example, operates under an exemption through 2029 that permits drivers to exceed standard HOS limits while traveling on one designated roadway.

By comparison, temporary waivers remain relatively uncommon and expire much sooner. A recent waiver allowing certain fertilizer transport drivers to exceed HOS limits, for instance, is scheduled to end in late August.

Lone Star Haz Mat Requests Greater Flexibility for Emergency Response

One of the newest applications comes from Texas-based Lone Star Haz Mat, which is asking the FMCSA to exempt its field response drivers from standard HOS restrictions after completing hazardous materials emergency response operations.

The company argues that drivers responding to hazmat incidents should be allowed additional driving time when returning either to their home or their operational base after emergency work has concluded.

Mainline Services Seeks Exemption for Railroad Emergency Operations

The second application was submitted by Kansas City-based Mainline Services LLC, which specializes in railroad emergency response.

Mainline is requesting an exemption for employees responsible for transporting equipment used to clear train derailments, disabled railcars, and debris blocking rail lines or railroad rights-of-way. According to the company, these emergency events often occur unexpectedly and frequently extend beyond employees' normal work shifts while affecting interstate commerce.

The public comment period for both exemption requests remains open through July 30.

Safety Consultant Raises Concerns About Both Applications

Among the public comments submitted so far, one voice has appeared in opposition to both requests.

Michael Millard, president and chief safety officer of AWM Associates in Albuquerque, New Mexico, questioned whether either company had demonstrated sufficient justification for receiving long-term regulatory relief.

Regarding Lone Star Haz Mat, Millard argued that the company appears to be seeking regulatory flexibility primarily to satisfy contractual obligations rather than addressing unavoidable operational challenges. He suggested that employees could instead be transported using non-commercial passenger vehicles, allowing the company to remain compliant with existing HOS regulations.

Millard also referenced information from Lone Star's FMCSA SAFER records, stating that the carrier has higher-than-average rates of driver out-of-service violations and hazardous materials out-of-service orders, although based on a relatively limited number of inspections.

Concerns Over Competitive Fairness

Millard expressed similar reservations about Mainline Services' request.

He questioned whether Mainline is truly the only company capable of responding to major railroad derailments and warned that approving the exemption could encourage competing businesses to seek identical regulatory treatment.

According to Millard, once the FMCSA grants one company extended HOS flexibility, it may become increasingly difficult to deny similar requests from others operating in the same market.

During an interview, he emphasized that many transportation companies continue to face ongoing driver shortages and staffing challenges but argued that exemptions should not become a substitute for solving workforce issues.

He also warned that granting HOS exemptions to individual carriers could create an economic advantage over competitors who continue operating under standard federal regulations.

"If one company is allowed to exceed Hours-of-Service limits, others will naturally seek the same opportunity," Millard explained, arguing that the practice could gradually undermine the consistency of federal safety regulations across the industry.

Supporters Cite Emergency Response Needs

Not all public feedback has been critical.

One anonymous commenter strongly supported Mainline Services' request, emphasizing the company's role in responding to railroad disasters, hazardous material releases, and major derailments.

The commenter argued that allowing emergency response crews greater flexibility under HOS rules would enable heavy equipment to arrive at accident scenes more quickly, helping restore critical rail operations and minimizing disruptions to the nation's transportation infrastructure.

Companies Have Yet to Respond

As of publication, neither Mainline Services LLC nor Lone Star Haz Mat had responded to requests for comment submitted through their respective company contact channels.

Meanwhile, Millard noted that reviewing and commenting on transportation safety proposals has become a regular part of his work. His experience in the field spans more than three decades, beginning with earning his Commercial Driver's License (CDL) in 1992, followed by regulatory positions with the State of Colorado and the Office of Motor Carrier Safety, the federal agency that later became the FMCSA. He launched his own transportation safety consulting firm in 2011 and continues to closely monitor proposals involving motor carrier safety, Hours-of-Service compliance, and federal trucking regulations.