This week NAAA submitted comments to the Federal Motor Carrier Safety Administration (FMCSA) in favor of a proposed rule that would provide greater flexibility in Hours of Service (HOS) regulations for holders of Commercial Driver Licenses (CDLs). NAAA commented mostly in favor of the proposed changes, informing the FMCSA greater HOS flexibility is needed because commercial drivers supporting aerial application operations operate in conditions much different from long-haul truck drivers. Furthermore, a pest will spread regardless of a drivers HOS status and a delay in the timely application of pesticides could result in the destruction of crops, or require more pesticides be used at a later time.

The proposed rule would provide greater HOS flexibility in many ways. First, it would alter the short-haul exception to the record of duty status (RODS) requirement by expanding the short-haul exemption from 100 to 150-air miles from the commercial driver’s home base. NAAA commented in favor of this change, noting many commercial drivers supporting aerial application operations are already allowed a 150 air-mile radius that applies to agricultural operations. However, this only applies to planting and harvesting seasons determined by each state, and this rule change would bring year-round, federal uniformity.

Second, once an on-duty period starts, a “split-duty” provision would allow one off-duty break of up to three hours that would pause the driver’s 14-hour driving window. NAAA commented that it would like to see this provision provide further flexibility by allowing the off-duty period to be broken up into multiple, non-consecutive off-duty rest breaks, not totaling more than three hours per workday. Allowing the three hour off-duty period to be non-consecutive more accurately reflects the reality of day-to-day operations for aerial application operators.

The proposed rule would also alter the adverse driving conditions exemption by allowing the extension of the maximum allowable 14-hour driving window by up to 2 hours during adverse weather conditions. NAAA explained that while aerial applications only take place in fair weather conditions, these applications will often take place after adverse weather conditions when fields are too wet for ground spraying. In this case, the timely application of products is critical and allowing the 14-hour driving window to be extended would ensure a commercial driver is available to assist in the application.

Lastly, the proposed rule would still require a mandatory 30-minute rest break after eight hours of on-duty time, however the off-duty time in the proposed split-duty provision would qualify as a rest break. NAAA reiterated commercial drivers supporting aerial application operations operate in extremely different conditions than typical long-haul truck drivers and get multiple breaks in driving throughout the day. Requiring a 30-minute break eight hours after the driver’s last break of 30 minutes, is well intentioned but does not improve safety for commercial drivers supporting aerial application operations.