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Hours of Service Exemption Effective until midnight, Friday, November 30, 2007 Governor Pawlenty has issued an Emergency Executive Order exempting drivers from Hours of Service regulations when exclusively transporting DIESEL FUEL AND ANHYDROUS AMMONIA. From discussions we have had with MN DOT, the exemption from the Hours of Service for hauling diesel fuel applies only when the driver hauls diesel fuel exclusively. If a driver were operating under the exemption and hauled a load of gasoline or a split load with gasoline in one of the compartments, the exemption would no longer apply. The normal Hours of Service regulations would apply for all of the time the driver was on duty for the previous days. While the attached Executive Order exempts drivers transporting from the Hours of Service requirements, it does not exempt companies from insuring that drivers are not operating a motor vehicle while fatigued or ill. (Item #3 in the Executive Order.) Remember that at the end of the exemption, drivers may return to duty after they have had at least 34 consecutive hours of duty. Upon returning to duty, drivers will have their 60/70 hour time revert to 0 (zero) hours. Attached is a copy of the executive order. The Commissioner has added certain criteria to continue to utilize the exemption. Please carefully read items 3, 4, and 5 of order 07-19. #3 Says that carriers must require drivers to keep true and accurate time records while operating in a 100 mile radius. Drivers operating outside the 100 mile radius must maintain a log and have it in the truck. #4 Says that if a driver informs a carrier that he/she needs immediate rest, the driver shall be given at least 10 consecutive hours off duty and the carrier must document the request in writing and retain the record for 6 months. #5 Says a motor carrier that utilizes the exemption must give a driver 34 consecutive hours off when the driver has been on duty for more than 70 hours in 8 consecutive days. Click here to read the specifics of the EXECUTIVE ORDER.
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