Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

DOT: Trucks Hauling Sand, Water for Fracking Not Exempt from HOS Rules

Truck drivers hauling water and sand to U.S. oil and natural gas shale drilling sites don't qualify for a special oil-field service equipment exemption to extend their daily driving hours.

by Staff
June 5, 2012
DOT: Trucks Hauling Sand, Water for Fracking Not Exempt from HOS Rules

Drivers of tankers delivering to fracking sites are not eligible for the oil-field hours of service exemption.

3 min to read


Truck drivers hauling water and sand to U.S. oil and natural gas shale drilling sites don't qualify for a special oil-field service equipment exemption to extend their daily driving hours.



The rule clarification, or regulatory guidance, from the DOT explains that time spent waiting while water and sand are unloaded at well sites counts toward the maximum 14 hours a day that a truck driver can work under hours of service regulations.

The guidance explains that the "waiting time" oil-field exemption in Sec. 395.1(d)(2), which allows these drivers to count waiting time is off-duty, is available only to operators of commercial motor vehicles that are specially constructed for use at oil and gas well sites, and for which the operators require extensive training in the operation of the complex equipment, in addition to driving the vehicle. In many instances, the operators spend little time driving these CMVs.

The clarification says that drivers of more typical commercial vehicles that haul water and sand in and out of these sites don't qualify for the exemption, "even if there have been some modifications to the vehicle to transport, load, or unload the materials, and the driver required some minimal additional training in the operation of the vehicle, such as running pumps or controlling the unloading and loading processes."

Yes, the DOT noted, these operators "may encounter delays caused by logistical or operational situations," but compared it to other motor carriers experience delays at shipping and receiving facilities.

The hydraulic fracturing process that has made possible a U.S. oil-and-natural-gas boom may require hauling as many as 1,000 truckloads of water and sand for every well.

A recent story on the front page of the New York Times highlighted the oil-field exemption, alleging the exemption's mis-use for drivers of all types of trucks working the oil fields was causing a large number of crashes.

The guidance explains that the other part of the oil field exemption, the 24-hour restart after 70 hours of work in eight days, does apply to carriers that provide direct support to oil and gas well sites, including hauling the water that is used in the fracking process, and hauling waste away from the site.

This new rule clarification limiting the 14-hour exemption may make it necessary for drillers to add drivers, Boyd Stephenson, director of hazardous materials policy for American Trucking Associations, told Bloomberg.

"If you were an operator in the past that was utilizing this exemption for transporting sand and water then, yes, it means you're going to have to have more drivers," Stephenson told Bloomberg. "There were probably some that were utilizing this exemption for sand and water trucks in the past. How many is anybody's guess."

You can read the Federal Register notice here.

More Drivers

Photo illustration combining laboratory sample tubes, marijuana, pills, white powder, and a syringe above a highway with tractor-trailers.
Safety & Compliance•by Deborah Lockridge•November 2, 2026

FDA Eases Path for Oral-Fluid Testing

Federal actions could advance oral-fluid drug testing for truck drivers, but lab certification delays and marijuana rescheduling questions remain.

Read More →
Truck driver in a blue-tinted cab beside a hand holding cash, with the headline “Competing for Drivers.”
Drivers•by Deborah Lockridge•October 29, 2026

Why Hiring Truck Drivers Is Getting Harder

Higher recruiting costs, a shrinking driver pool, and renewed pay competition are raising the stakes for fleets heading into 2027.

Read More →
Two red heavy-duty Class 8 trucks with Roehl branding
Drivers•by News/Media Release•October 27, 2026

Roehl Offers Truck Drivers $10,000 Retention Incentive

Payments begin after the first load and continue in mileage-based installments for eligible experienced drivers joining the fleet.

Read More →
Ad Loading...
PS Coach tablet interface showing a driver’s coaching inbox, safety event video and coaching advice for a harsh-braking event.
Fleet Management•by News/Media Release•October 21, 2026

Platform Science Adds Dispatch and Safety Tools

Four additions to PS Fleet help fleets monitor loads, manage driver coaching, share truck locations and adjust video system settings.

Read More →
Man with police badge on his arm by an open commercial truck door examining paperwork
Safety & Compliance•October 15, 2026

When Language Stops the Truck: The Return of ELP Out-of-Service Orders

English language proficiency rules for commercial drivers aren’t new, but renewed out-of-service enforcement has raised the stakes. Here’s what carriers need to know before a driver reaches a roadside inspection.

Read More →
Illustration of silver robot waving his hand and a Samsara AI prompt on screen to call drivers
Fleet Management•by Staff•October 13, 2026

Samsara Launches Custom AI Agent Builder

Agent Studio lets fleets create AI tools for hours-of-service monitoring, reporting and driver support, including agents that communicate by phone.

Read More →
Ad Loading...
Illustration of trucks parked in lot with Trucker Path app on phone screen superimposed on top
Drivers•by News/Media Release•October 6, 2026

Trucker Path Expands Reserved Parking Network

Trucker Path has added close to 6,000 more truck parking spaces to its Trucker Path Reserved Parking Network with the addition of Safe Truck Parking.

Read More →
photo of older driver standing with arms crossed with truck in the background, with a photo illustrating equal opportunity law inset upper left.
Drivers•by Staff•September 28, 2026

EEOC Sues Texas Trucking Company Over Driver Age Limits

The agency says Trancasa USA rejected applicants over 65 and applied tougher driving-record standards to those over 60.

Read More →
Red Nussbaum Class 8 tractor pulling white and red trailer with aero fairings and skirts
Drivers•by Staff•September 23, 2026

Nussbaum, Roehl Announce Second Driver Pay Increase This Year

This year has seen a swath of major truck driver pay increases as freight capacity has tightened.

Read More →
Ad Loading...
Photo of smiling truck driver Harold Perry with arms crossed in front of Southeastern Freight Lines truck
Drivers•September 17, 2026

From One Generation to the Next: How Mentorship Builds Safer Truck Drivers

After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.

Read More →