A truck driver applied for an Hours-of-Service exemption with the FMCSA, claiming that he could decide when he’s too tired to drive, or well rested enough to safely drive, better than the government. His request was denied.
In the FMCSA’s official notice, they responded: “research indicates that individuals are not necessarily good judges of whether or not they are rested.”
In his proposal, OTR truck driver David Muresan requested that he should be allowed to drive any time he’s accumulated 10 hours off duty, among any number of breaks of any length. He also requested a 24 hours reset, instead of 34 hours, claiming that a full day at home would allow him to be sufficiently rested in order to safely operate a commercial vehicle.
In addition to pointing out that an individual is unable to safely judge his own level of fatigue, the FMCSA also noted that Mursan failed to explain how his proposal would ensure that he was rested enough to safely drive.
This decision comes at a time when the FMCSA recently granted C.R. England an exemption allowing CDL permit holders to drive by themselves, and another exemption allowing drivers of oversize loads to skip the mandated 30 minute break.
