Government makes Hours of Service rule final for truckers
Interim HOS rule made final by FMCSA
By Dave Hannon -- Purchasing, 11/21/2008 10:34:00 AM
It was almost a year ago that the Department of Transportation’s Federal Motor Carrier Safety Administration issued its interim final rule on truckers’ hours of service and this week, that rule became final.
According to the now-final hours of service rule as listed in the Federal Register, effective January 19, 2009, truck drivers may drive up to 11 hours within a 14-hour, non-extendable window from the start of the workday, following at least 10 consecutive hours off duty (11-hour rule). The rule also allows motor carriers and drivers to continue to restart calculations of the weekly on-duty limits after the driver has at least 34 consecutive hours off duty (34-hour restart).
In a statement issued on the final ruling, FMCSA Administrator John Hill said, "These rules are crafted to match what we know about drivers' circadian rhythms and the real world work environment truckers face every day.” In the statement, the FMCSA also pointed out that in 2006 it proposed a rule that would require drivers and trucking companies with serious or repeat hours-of-service violations to track their hours-of-service using electronic on-board recorders (EOBRs). The final rule for EOBRs is pending.
The Federal Register listing provides a detailed history of the HOS regulations, which have seen a host of changes and challenges over the years.
The American Trucking Association applauded the final rule, saying that while operating under these rules for the last five years, “the trucking industry’s safety performance has dramatically improved. Large truck crash, injury and fatality rates have reached their lowest point since the U.S. Department of Transportation began recording the statistics.”
The Teamsters Union, however, was not in favor of the final rule. In a statement issued, the union said the percentage of fatal crashes that result from driver fatigue rose 20% in 2005 from 2004, the first year in which the longer hours of driving were allowed. Teamsters’ General President Jim Hoffa said, “We will continue to fight this dangerous midnight rule through the courts and through Congress. We're currently reviewing our legal options, especially since the court threw out this regulation twice.”
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