'We’re not going away': Owner-operator regroups after FMCSA denies hours of service exemption request

The Federal Motor Carrier Safety Administration has denied owner-operators Leland (Lee) and Lisa Schmitt’s request for an individual exemption from five provisions of the hours-of-service regulations.

The denial will be published in the Federal Register Wednesday, Nov. 9. The Schmitts told Overdrive Tuesday they would be addressing FMCSA’s reasons for denying the request and resubmitting their request by the end of the day Tuesday. “We’re not going away,” Lisa said.

Lee and Lisa SchmittThe Schmitts petitioned FMCSA for an exemption for Lee from the 10 consecutive hour off-duty time requirement; the 14-hour on-duty window; the 30-minute break requirement; and the cumulative 60 hours in 7 days and the 70 hours in 8 days limits. Notably, they did not request an exemption from the 11-hour daily maximum drive time limit.

Lee cited 30 years of safe driving experience as proof of his ability to safely operate under the exemption. Schmitt also noted that the mandatory 10-hour break works against his natural sleep patterns.

[Related: While many support owner-op's HOS exemption request, opponents mount challenge]

In denying the petition, FMCSA said Schmitt “failed to establish that he would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption.”

The Schmitts argued that the level of safety FMCSA refers to is a blurred line.