Hours of service rules for truckers change again
Court overturns previous ruling on truckers' work hours
By Dave Hannon -- Purchasing, 7/25/2007 2:00:00 AM
The U.S. Court of Appeals of the D.C. Circuit yesterday overturned two portions of the latest version of truckers’ hours of service (HOS) rules, shortening drivers’ daily driving time from 11 hours back to the original rule of 10 hours, and removing the 34-hour restart period.
The court's decision repeals a 2005 rule but keeps a split-sleeper berth provision, which truckers wanted eliminated, in place, which does not allow truckers to split their down time, but rather take it all at once.
The new rule takes effect Sept. 14.
The case was originally brought to court by Public Citizen and the Owner Operator Independent Drivers Association to challenge a 2005 ruling. According to a New York Times article, the court found that the Federal Motor Carrier Safety Administration’s 2005 rule had “ignored the results of a study, which it had commissioned, involving a database of more than 50,000 truck accidents from 1991 to 2002. Using the data, the study extrapolated a substantially higher risk of fatigue-related accidents in the extra hours of service allowed by the new rules.”
"We are analyzing the decision to understand the court's findings as well as determine the agency's next steps to prevent driver fatigue, ensure safe and efficient motor carrier operations and save lives," the FMCSA said in a statement.
In an Associated Press report, C. Randal Mullett, a lobbyist for trucking firm Con-way, said because of the new rule, some trucking routes may have to be changed, Mullett said. "It can make some pretty significant differences."
Yesterday’s ruling is the latest in an ongoing saga of the hours of service rule. The FMCSA first decided to increase number of hours truckers can drive in 2003, but the D.C. appeals court struck it down the next year. Congress reinstated the rule later that year. The rule that was overturned by the court Tuesday was then created by the administration in 2005.
The American Trucking Associations, which supports the existing 11-hour rule, issued a statement saying it will ask the court to stay its decision and keep the current rule in effect. "ATA believes the existing rules have proven to be a significant improvement over the old rules in terms of reducing driver fatigue and related incidents," said Bill Graves, ATA's president and CEO, in the statement.
Todd Spencer, executive vice president of the Owner-Operator Independent Drivers Association, says the latest decision will raise costs for the trucking industry because drivers will be forced to work less. “We're not pleased with it,'' said Spencer, in a recent news report. “I guess the reality is we're really in a no-win situation when the courts are trying to come up with safety regulations.”
In a note to clients, analysts at Bear Stearns said, “We view this court decision as a negative for the larger, public truckload carriers if it eventually takes effect. While it would mean fewer hours available for drivers to haul freight each day, we believe the rule has proven difficult to enforce on the smaller truckload carriers which make up 80-85% of the market. After the first change of HOS rules in 2004, the larger public carriers had a much bigger driver shortage than the smaller and mid-sized carriers.”
The Teamsters Union applauded the new ruling as a victory for truck drivers and highway saftey.
For more background and history on the hours of service rule, see the FMCSA’s HOS web page.
WHAT DO YOU THINK?
Will the latest change in the Hours of Service rule impact trucking service? Use the READERS’ RANT/Post a comment tool on this page to voice your opinion.
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Leigh:
Thanks for your comment. FYI, the Department of Transportation does accept comments from interested parties before making a rule. See the web site below for details on how to provide your input on upcoming rules. See the Federal Motor Carrier Safety Adminstration web site at fmcsa.dot.gov for details on how to provide your comments.
Editors of Purchasing.com - 8/22/2008 9:14:00 AM EDT -
Unfortunately, we have folks who work from 9 to 5, sitting behind desks trying to make rules for truck drivers and trucking companies.
Not once was I asked to be a part of the rule making process. As a driver, the new rules have hurt us in many ways. First is the removal of the off duty time. We could take an hour off for a nap, to reduce fatigue, without counting against our hours of service. Second, having to sit in a truck or truckstop for an extra two hours helps to build the fatigue factor back into the equation.
The improvements to the sixty year old system were the edition of one (1) hour of driving time and the "thirty-four hour reset".
I have heard all of the arguments from the Left about driver fatigue and truck accidents. And with the figures that are being used to back these arguments being so old, I believe the numbers are very skewed at best. If you want to know how the system works, you must recruit those who do those jobs to help formulate regulations that are fair and reasonable for all parties.
Now, from a management point of view. I have been in various management positions in the trucking industy through the years as well. I am now a company owner and seen the process from both sides. From a company standpoint, part of the new rules are very productive. Those would be the 11 hour drive time and the 34 hour reset. Ten hours off without being able to split the time in any way is counter-productive. Most drivers I speak with usually only sleep 6 to 8 hours at any one time as a rule. If, as a driver, I am up in 6 hours and have to sit around for another 4 hours, I am ready to go back to sleep. Especially in the late evening hours.
When the courts start making the rules as they are the other laws in this country, it is time for a change in how the legislative branch of our government functions as well as the rule making for each branch of government. I would be happy to be included the next time there is a meeting to determine how the trucking industry should function.
Leigh Cromleigh - 8/20/2008 6:38:00 PM EDT -
I happen to like the HOS the way they are right now.(14 hrs and a 34 hour restart)With the 10 hours off I'm getting more rest than under the old rules. Also if it goes back to the old rules there is days you can only work 4 or 5 hours after being off for 2 days. How does that make sense? When is anybody going to let everyone know what the rules are? After they go into effect. What are the Canadian rules on hours of service?
Paul Ebersole - 8/17/2008 7:32:00 AM EDT -
I just wish some of these desk truckers would spend 10 hours a day in a sleeper bunk. i think they would have a different outlook on things.The old rules were better and nothing will change my mind.take a look at the general public and their driving habits.{out of sight out of mind.} Im installing a video camera in my truck to protect myself. and my family.All drivers should look into this its a good insurance policy.
truck it up.
Randy Green - 3/1/2008 11:34:00 AM EST -
I guess I am a little confused. If they are changing the hos due to driver fatigue why then would they take away the 34hr restart. Thats 34hrs of rest that we are no longer able to take. Paint me puzzled!
James Marghella - 11/7/2007 8:22:00 AM EST
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