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Henry Seaton

HOS Exemption - American Concrete Pumping Association

Publication date: October 25, 2016

Comments due: November 25, 2016

To comment, click here.

Summary

FMCSA announces that it has received an application from the American Concrete Pumping Association (ACPA) for an exemption from the 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. ACPA requests that concrete pump operators be allowed to use 30 minutes or more of on-duty “waiting time” to satisfy the requirement for the 30-minute rest break, provided they do not perform any other work during the break. The requested exemption would apply industry-wide to all concrete pump operators, concrete pumping companies and drivers who operate concrete pumps. Due to the nature of pumper operations, ACPA believes that compliance with the 30-minute rest break rule increases the risk of dangerous conditions on job sites. ACPA also asserts that concrete pump operators already take regular rest breaks throughout the typical day, depending on the work flow at the job site, so an additional 30-minute rest break does not enhance overall job safety. FMCSA requests public comment on ACPA's application for exemption.

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