The Federal Motor Carrier Safety Administration has approved a pilot program to grant an exemption from the weekly hours-of-service restrictions for drivers of commercial motor vehicles making home heating oil deliveries.

The deliveries must occur within a 100 air-mile radius of a central terminal or distribution point. The exemption will apply from Nov. 1 to April 30 for three consecutive heating seasons, starting this year. The states will be allowed to grant similar exemptions for intrastate carriers.
Under current rules, drivers in interstate commerce may not drive after being on duty 60 hours in any seven consecutive days if the motor carrier doesn’t operate commercial vehicles every day of the week. If the carrier operates every day of the week, the maximum on-duty time is 70 hours in any eight consecutive days. (A 100 air-mile exemption applies only to recordkeeping requirements.)
According to the Petroleum Marketers Assn. of America, which proposed the program, home heating oil delivery drivers typically work from 7 a.m. to 5 p.m. during the winter months. They work only during the daytime because customers don’t want nighttime deliveries and because it’s not safe for drivers to fill tanks in the dark. They sleep at home every night and work within a 100-mile radius of their normal home base. On average, the typical home heating oil delivery driver spends nine hours on duty/not driving and 2.5 hours driving.
The pilot program will allow those drivers, during the winter months, to “restart” calculations of the 60- or 70 hour rule after they have been off duty two consecutive nights from midnight to 6 a.m. The 10-hour driving limit will still apply.
Carriers and drivers will have to meet strict standards regarding compliance with federal and state safety rules. FMCSA will collect and review data from the program and prepare a report to Congress with any conclusions and recommendations for changes to current rules.
Additional information can be found in the July 13 Federal Register notice at www.nara.gov/fedreg.