ACPA Announces HOS Exemption

The American Concrete Pumping Association (ACPA) is pleased to announce a significant victory for concrete pumpers. On Nov. 1, the Federal Motor Carrier Safety Administration (FMCSA), granted the ACPA’s request for an exemption for concrete pumpers from the requirement that short-haul drivers utilizing the records of duty status (RODS) exception return to their normal work-reporting location 12 hours from coming on duty. Under the new Hours of Service (HOS) exemption, all concrete pump operators, concrete pumping companies and drivers who operate concrete pumps can return to their work-reporting location within 14 hours.

“The exemption marks a huge win for concrete pumping companies and allows concrete pumpers to be treated under the same standard as the ready mixed concrete delivery trucks they work alongside,” says Christi Collins, Executive Director, ACPA.

Like ready mixed trucks and asphalt pavement delivery trucks, which have previously received an exemption, concrete pumps operate with a perishable product delivered on a just-in-time basis.

“Now, clear and consistent requirements between concrete pumps and ready mixed trucks will help ensure an equivalent level of safety on the job site,” says Collins. “With conflicting requirements lifted, confusion will be minimized on construction sites. What’s more, timing and scheduling will be easier for pumps and ready mixed trucks to ensure a high-quality concrete product.”

After analyzing the ACPA’s request and the public comments, the FMCSA determined that the exemption, subject to the terms and conditions imposed, “will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved without the exemption.”

The requirement for short-haul drivers put an undue burden on pump operators who spend only a small percentage of their time driving. On average, concrete pump operators spend 25 to 32 percent of their time driving during a shift and drive daily distances of only 20 to 25 miles. With frequent rest time and breaks waiting on concrete delivery and other coordination on site, pump operators typically spend 33 to 55 percent of their total work time pumping.

According to the FMCSA, terms and conditions for the exemption include:

• Drivers must return to the work reporting location and be released from work within 14 consecutive hours of coming on duty.
• Drivers must have a copy of this exemption document in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request.
• All motor carriers operating under this exemption must have a ‘‘Satisfactory’’ safety rating with FMCSA or be “unrated.’’ Motor carriers with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ FMCSA safety ratings are prohibited from using this exemption.

The exemption, effective Nov. 1, 2018 to Oct. 31, 2023, applies to all interstate concrete pumping trucks and their operators. To view the entire document, Click Here