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An exemption is temporary regulatory relief from one or more of the Federal Motor Carrier Safety Regulations (FMCSRs). An exemption may be granted for up to five years, and may be renewed, upon request, for subsequent five-year periods.
Scope
These regulations apply to all who have an interest in the motor carrier industry, including (but not limited to) the general driving public, carriers, and drivers.
Regulatory citations
- 49 CFR 381 Subpart C — Procedures for applying for exemptions
Key definitions
- Exemption: Temporary regulatory relief from one or more FMCSRs given to a person or class of persons subject to the regulations, or who intend to engage in an activity that would make them subject to the regulations.
Summary of requirements
Exemptions may be granted from one or more of the following requirements:
| Regulatory citation (Part) | Description |
|---|---|
| Part 380 | Special training requirements |
| Part 382 | Controlled substances and alcohol use and testing |
| Part 383 | Commercial driver’s license standards; requirements and penalties |
| Part 384 | State compliance with commercial driver’s license program |
| Part 391 | Qualifications of drivers |
| Part 392 | Driving of commercial motor vehicles |
| Part 393 | Parts and accessories necessary for safe operation |
| Part 395 | Hours of service of drivers |
| Part 396 | Inspection, repair, and maintenance (except for 396.25) |
| Part 399 | Employee safety and health standards |
An individual, motor carrier, or other entity responsible for the operation of a commercial motor vehicle (CMV) may apply for an exemption.
Before applying for an exemption, the regulation should be carefully reviewed to determine if there are practical alternatives already available. It should also be determined if an exemption from all or some of the requirements in a part of the regulations is necessary.
To apply for an exemption, a written request must be sent to the Federal Motor Carrier Safety Administration (FMCSA). The request must include:
- Name, job title, mailing address, and daytime telephone number;
- The name of the individual or motor carrier responsible for the use or operation of CMVs;
- Principal place of business for the motor carrier (street address, city, state, and zip code); and
- The USDOT identification number of the motor carrier.
A written statement must be provided that:
- Describes the reason the exemption is needed, including the time period during which it is needed;
- Identifies the regulation from which the exemption is requested;
- Provides an estimate of the total number of drivers and CMVs that would be operated under the terms and conditions of the exemption;
- Assesses the safety impacts the exemption may have;
- Explains how safety will be ensured at a level that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation; and
- Describes the impacts that could be experienced if the exemption is not granted by the FMCSA.
The application must also include a copy of all research reports, technical papers, and other publications and documents referenced.
The FMCSA will review the application and prepare a Federal Register notice requesting public comment on the application.
After reviewing the comments received in response to the Federal Register notice, the FMCSA will make a recommendation to the Federal Motor Carrier Safety Administrator to grant or deny the exemption. Notice of the Administrator’s decision will be published in the Federal Register.
The FMCSA will attempt to issue a final decision within 180 days of the date it receives the application. If important details are omitted from the application or more information is requested by the FMCSA to make its decision, the FMCSA will attempt to issue a final decision within 180 days of the date it receives the additional information.
Granting of an exemption. If the exemption is granted, the notice will identify:
- The provisions of the FMCSRs from which the applicant is exempt,
- The effective period, and
- All terms and conditions of the exemption.
Compliance with all terms and conditions of the exemption is mandatory. FMCSA will immediately revoke the exemption for the following reasons:
- Failure to comply with the terms and conditions of the exemption,
- The exemption results in a lower level of safety than was maintained before the exemption was granted, or
- Continuation of the exemption is determined by the FMCSA to be inconsistent with the goals and objectives of the FMCSRs.
A copy of the application for exemption and comments received will be included in a public docket and available for review by interested parties by writing the Department of Transportation in Washington, DC, or via the Internet.
Denial of an exemption. If the exemption is denied, the notice will explain the reason for the denial.
Resubmission of the application is allowed if the applicant can reasonably address the reasons for denial.