Concrete Pump Operators Receive Exemption from DOT Regulation

ACPA's recent advocacy efforts led to a major victory with hours-of-service regulations. Now, concrete pump operators may count on-duty time toward the required 30-minute rest break in hours-of-service regulations for interstate commercial motor vehicle drivers. On March 21, the Federal Motor Carrier Safety Administration (FMSCA) of the U.S. Department of Transportation announced its acceptance of the ACPA's request for an exemption to the 30-minute rest break.

According to the FMCSA, the exemption allows all concrete pump operators, concrete pumping companies and drivers who operate concrete pumps in interstate commerce to count on-duty time while attending equipment but performing no other work-related activity, toward the 30-minute rest break provision of the hours-of-service regulations. The exemption applies to all interstate concrete pump trucks and their operators, whether or not the concrete pumping company is a member of ACPA.

Because of the perishable nature of concrete, the 30-minute rest break regulation presented obstacles for concrete pump operators. Concrete pump operators couldn't plan the timing of their breaks, because interrupting the work schedule could pose a threat of failure to the product or machinery.

Ready mixed concrete truck drivers have previously received exemption to the 30-minute break requirement. Now both the concrete pumping industry and ready mixed industry can adhere to the same compliance regulations, ensuring seamless workflow on the job site.

It's important to note that the FMCSA didn't grant a complete exemption to the 30-minute rest break regulation. Rather, the exemption applies to concrete pump operators and drivers who wish to count waiting periods when they remain with the concrete pump while not performing any other work-related activities during a 30-minute timeframe. Drivers must possess a copy of the exemption document while operating under its terms. All motor carriers operating under the exemption must have a "Satisfactory" safety rating with FMCSA or be unrated.

A notice of the ACPA's request for exemption was announced last fall in the Federal Register, allowing an opportunity for public comment. The FMCSA determined that the exemption will achieve a level of safety equal to or greater than the level that would be achieved without it. The exemption is effective March 21, 2017 until March 21, 2019, with an opportunity for renewal.

To learn more about concrete pumpers compliance with DOT Hours of Service and what the 30-minute exemption may mean to your company, attend this year's ACPA Education Conference, October 2-3, 2017. Details can be found on the ACPA website www.concretepumpers.com.