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American Concrete Pavement Association (ACPA) Announces HOS Exemptions

Please be advised that the Federal Motor Safety Carrier Administration (FMCSA) has approved a request from the American Concrete Pavement Association (ACPA) for two exemptions for drivers of certain commercial motor vehicles (CMVs) that are otherwise governed by the U.S. federal hours of service regulations.

Hours of Service exemption for American Concrete Pavement Association

The two exemptions in question are specific to the 30-minute break requirement under 49 C.F.R. § 395.3(3)(ii), and the 12 hour daily on-duty limit on the short-haul exception under 49 C.F.R. § 395.3(a)(3)(ii)). 

The 30-minute exemption will now enable drivers transporting ready mixed concrete and related materials and equipment in vehicles other than those outfitted with rotating mixer drums, to use 30 minutes or more of on-duty “waiting time” to satisfy the requirement for the 30-minute rest break.  The specific condition that must be met is that this class of drivers cannot perform any other work during the break.

The second exemption that was granted will allow these drivers to continue to use the short-haul exception, but the requirement to return to their work-reporting location is amended to now be within 14 hours, instead of the usual 12 hours.

View the full pre-publication version of FMCSA’s notice of final disposition and grant of the application for these two exemptions.

The above information is for informational purposes only, and should in no way be relied upon as legal advice.

  Feb 06, 2019     Marc Moncion


Marc Moncion

Marc is the Head of Safety, Compliance & Regulatory Affairs at Fleet Complete. He is an author and industry subject matter expert who has worked in numerous senior transportation management roles for over 25 years, including an Inspector for the MTO. Marc sits on several Federal/State/provincial regulatory bodies and frequently provides commentary on emerging technology, best practices and regulatory affairs. In addition, Marc is a commercial driver's licence (CCD) holder and can drive all types of commercial vehicles in North America.

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