Issued by Transportation Department
The OMCS is announcing its proposal to deny the application of Van Wyk Freight Lines, Inc. (Van Wyk) for an exemption from the records of duty status (log book) provisions of the hours-of-service regulations. Van Wyk indicated that its drivers meet all of the maximum driving time limitations in the Federal Motor Carrier Safety Regulations (FMCSRs) and that it satisfies three of the five conditions for using the OMCS' 100 air-mile radius driver exception to the requirement for log books. Van Wyk's drivers exceed the 100 air-mile distance, and the 12 hours on-duty limitations in the exception. Van Wyk believes its computerized payroll records, and compliance with the remaining conditions listed in the 100 air-mile radius driver exception would achieve a level of safety comparable to that provided under the exception. The OMCS proposes to deny the exemption because Van Wyk did not explain how it would ensure that it could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the 100-air mile radius exception to the log book requirements. Also, Van Wyk did not describe the impacts (e.g., inability to test innovative safety management control systems, etc.) it could experience if the exemption is not granted by the OMCS. The exemption, if granted, would preempt inconsistent State and local requirements applicable to interstate commerce.
This is a factual description of what was issued or decided — not an assessment of it.
