Clock Ticking for Trucking Hours-of-Service Changes

William B. Cassidy, Senior Editor | Apr 01, 2013 7:17AM EDT

When it comes to new hours-of-service rules, it’s not minutes or hours that trucking companies and shippers should be counting, but a driver’s weekly turns.

View the original article here

IANA Files Brief Supporting ATA's Hours-of-Service Suit

The Intermodal Association of North America has filed a legal brief supporting American Trucking Associations’ suit challenging the Federal Motor Carrier Safety Administration’s hours-of-service rule.

IANA, which filed the legal action along with 14 other trade associations, said the HOS rules in place have “served the public well and created a regulatory framework that improved safety over the past decade.”

The group said it shared ATA’s concern that the required rest periods in the rule’s 34-hour restart provision could adversely impact the efficiency of intermodal motor carriers that provide rail and port terminal drayage services, as many intermodal facilities operate 24 hours a day, seven days a week.

Its brief argues that FMCSA failed to consider the additional costs to carriers, shippers, receivers, and transportation intermediaries when evaluating changes to the rule.

“Because intermodal stakeholders are dependent on each other, a negative impact that affects one will likely have a ripple effect across the entire supply chain,” said IANA President Joni Casey.

View the original article here

UPDATED: Industry slams new 'final' rule on US hours-of-service

WASHINGTON, D.C. -- The much-anticipated revisions to US hours-of-service regulations were released today.

While daily driving time was not changed from 11 hours, the maximum hours a driver can work per week was reduced by 12 to 70, by limiting drivers to one 34-hour restart per seven-day period. The new rules, laid out by the Federal Motor Carrier Safety Administration (FMCSA) also requires drivers who are maxing out their weekly work allowances to take at least two nights' rest between 1 and 5 a.m. each week.

The revisions also require drivers to take a half-hour break after driving for eight consecutive hours.

"Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked," said Transportation Secretary Ray LaHood. "This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely."

FMCSA administrator Anne Ferro added "This final rule is the culmination of the most extensive and transparent public outreach effort in our agency's history. With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer."

However, the final rule may be anything but final. The American Trucking Associations and Truckload Carriers Association had lawyers at the ready to challenge any revisions to the rules that were not in the industry's favour. And the safety organizations behind the revisions were also likely to challenge any ruling they felt didn't go far enough. Stay tuned for reaction. Meanwhile, you can see the full rules here.

OOIDA blasts new rules

The Owner-Operator Independent Drivers Association (OOIDA) was the first to respond to the new rules, declaring them a "one-size-fits-all approach" that will do nothing to improve highway safety.

"Collectively, the changes in this rule will have a dramatic effect on the lives and livelihoods of small-business truckers. The changes are unnecessary and unwelcome and will result in no significant safety gains," said executive OOIDA vice-president Todd Spencer.

OOIDA was hoping any changes would involve more flexibility for truckers.

"Compliance with any regulation is already a challenge because everyone else in the supply chain is free to waste the driver's time loading or unloading with no accountability," said Spencer. "The hours-of-service regulations should instead be more flexible to allow drivers to sleep when tired and to work when rested and not penalize them for doing so. It's the only way to reach significant gains in highway safety and reduce non-compliance."

OOIDA pointed out the new rules will have a negative impact on productivity and the earning potential of truck drivers and owner/operators. The FMCSA noted the cost to industry is estimated to be US$470 million with benefits totaling $630 million. 

"Despite the fact that trucking has never been safer, federal regulators and big businesses continue to push for mandates that hurt small-business truckers," said Spencer. "According to the latest data, fatigue is a factor in only 1.4% of all fatal wrecks involving truckers."

ATA unhappy

The American Trucking Associations (ATA) was also, in its words, frustrated and disappointed with the new rules. Like OOIDA, ATA said the new rules will do nothing to improve highway safety.

"Today's announcement of a new rule on the hours-of-service is completely unsurprising. What is surprising and new to us is that for the first time in the agency's history, FMCSA has chosen to eschew a stream of positive safety data and cave in to a vocal anti-truck minority and issue a rule that will have no positive impact on safety," ATA president and CEO Bill Graves said. "From the beginning of this process in October 2009, the agency set itself on a course to fix a rule that's not only not broken, but by all objective accounts is working to improve highway safety. Unfortunately, along the way, FMCSA twisted data and, as part of this final rule, is using unjustified causal estimates to justify unnecessary changes."

The ATA pointed out truck-involved fatalities have declined 29.9% since the current rules went into effect in 2004, even while miles travelled by trucks has increased dramatically.

"By forcing through these changes FMCSA has created a situation that will ultimately please no one, with the likely exception of organized labour," said Dan England, ATA chair and chair of C.R. England. "Both the trucking industry and consumers will suffer the impact of reduced productivity and higher costs. Also, groups that have historically been critical of the current hours of service rules won't be happy since they will have once again failed to obtain an unjustified reduction in allowable daily driving time. Further, it is entirely possible that these changes may actually increase truck-involved crashes by forcing trucks to have more interaction with passenger vehicles and increasing the risk to all drivers."

The ATA also pointed out the rules will put more trucks on the road in peak traffic times as it requires drivers to rest from 1 to 5 a.m. twice per week.

"By mandating drivers include two periods between 1 a.m. and 5 a.m. as part of a 'restart' period, FMCSA is assuring that every day as America is commuting to work, thousands of truck drivers will be joining them, creating additional and unnecessary congestion and putting motorists and those professional drivers at greater risk," Graves said. "The largest percentage of truck-involved crashes occur between 6 a.m. and noon, so this change not only effectively destroys the provision of the current rule most cited by professional drivers as beneficial, but it will put more trucks on the road during the statistically riskiest time of the day."

Graves said the ATA will consider its legal options and noted it will be 18 months before the new rules take effect, giving it plenty of time to mount a challenge.

View the original article here

OOIDA says proposed Hours-of-Service regulations unjustified, burdensome

GRAIN VALLEY, Mo. -- The Owner-Operator Independent Drivers Association (OOIDA) has told Congress that proposed changes to Hours-of-Service regulations are not only unnecessary but also unjustified and burdensome to small-business truckers.

"Trucking has never been safer, yet federal regulators and big businesses continue to push for mandates that hurt small-business truckers," said Todd Spencer, executive vice-president of OOIDA.  
"If we truly want to see relevant highway safety improvements, a new government regulation or mandated technology won't make a difference as long as policymakers insist on continuing to ignore the problem of detention time at shippers and receivers."  
OOIDA submitted a statement of record for a hearing held yesterday by the US House Subcommittee on Regulatory Affairs, Stimulus Oversight and Government Spending.
The hearing was titled "The Price of Uncertainty: How Much Could DOT's Proposed Billion Dollar Service Rule Cost Consumers This Holiday Season?" and focused on proposed changes to Hours-of-Service regulations and mandates for electronic on-board recorders (EOBRs).
The Association's testimony said that the changes being proposed by the Federal Motor Carriers Safety Administration (FMCSA) are not only unnecessary in a system that appears to be working well, but are inconsistent with guidelines which commit the government to eliminate excessive and unjustified burdens on small businesses.
OOIDA notes that the "fatigue" argument for adapted Hours-of-Service is lessened based on the latest data from the National Highway Traffic Safety Administration, which showed fatigue was a factor in only 1.4% of all fatal wrecks involving truckers.
"This statistic is very different from what is too often misreported by mainstream media, which say that fatigue is a factor in 30 to 40% of all fatal crashes involving trucks," said Spencer.
The testimony went on to say that FMCSA itself acknowledges that this rulemaking will have a significant negative impact on small-business truckers in terms of lost productivity, and on consumers who ultimately pay higher prices for goods shipped.

"The cumulative effect of these hours-of-service rule changes, when combined with impacts from other completed or ongoing federal rule makings, and the fact that the issue of detention time continues to cost truckers valuable time and money, could well place insurmountable regulatory challenges on small business," OOIDA said in a release.

View the original article here

ATA question Transportation Secretary's views on Hours-of-Service

ARLINGTON, Va. -- American Trucking Associations president and CEO Bill Graves and association chairman Dan England are questioning Transportation Secretary Ray LaHood's contention in a letter to Congress that the administration is drafting a new Hours-of-Service proposal based on the "most comprehensive and up-to-date data and analysis."

In an Oct. 21 letter to the secretary, Graves and England said LaHood's contention was well off-base.

"There is little or no comprehensive, up-to-date evidence, data or science supporting FMCSA's proposal," ATA wrote. "FMCSA readily admitted it did not have sufficient data on which to base a driving time limit change, yet the agency argued for and stated it 'currently favours' reducing the limit."

Graves and England said this wording is "a clever way of attempting to shift the burden of proof to the industry to justify the current drive-time limit."

ATA's letter goes on to point out the flaws in FMCSA's research and supporting arguments relating to fatigue's involvement in large truck crashes.

The pair also took issue with the department's contention that a delay in circulating the final rule would "create confusion and uncertainty" around the regulation, noting that "the record . . . is replete with industry and state law enforcement commentary on how much confusion and uncertainty the proposed changes would cause if finalized."

Graves and England said ATA agreed with LaHood on the need to do everything possible to promote safety on US highways, but criticized the department for forgoing other, more promising safety strategies in favour of an unnecessary revision of the Hours-of-Service rule.

"Too many other safety-critical opportunities have been lost . . . and we hope your department will stand behind the current rules and shift resources to other high priority issues that will have a meaningful impact on highway safety - issues such as sleep disorders that are not even currently addressed by FMCSA guidelines much less rules," Graves and England wrote.

View the original article here