FMCSA published FAQs for frack sand haulers
In April this year FMCSA published an FAQ stating frack sand hauler may qualify to use the oil wellsite logbook exception allowing all off-duty waiting time to stop and extend a driver’s daily 14-hour work clock. In the past, sand carriers were specifically prohibited from using this exemption as published in Question 8 to the official guidance for Regulation 395.1. Now to qualify, a trucking company must “assess their equipment and driver training and determine whether they meet the criteria for specialized oilfield equipment” as described in Question 8. Further, in a letter to the industry from the FMCSA deputy administrator, additional remarks stated qualification “is based on … modifications made to the vehicles render them unable for any other use” and incapable economically of being repurposed to haul other commodities and then put back to transporting sand. Carriers hauling sand and using this HOS exception are advised to have records documenting the special training and trailer modifications in their offices for audits, and even onboard trucks to show troopers. Note that while promising last April to amend the Question 8 guidance to include frack sand hauling, FMCSA has not done so yet.