Skip to content

New Hours Rule Likely Headed Back to Court


By Oliver B. Patton, Washington Editor

There’s a good chance the Federal Motor Carrier Safety Administration’s new hours of service rule is going back to court.

Just hours after the new rule was released, Advocates for Highway and Auto Safety indicated that it may resume its challenge of the 11-hour limit on driving.

Noting that the U.S. Court of Appeals in Washington, D.C., has twice rejected the 11-hour provision, Advocates said yesterday in a statement that it is “confident that the court will reach the same result when this new rule comes before it for judgment.”

Advocates vice president and general counsel Henry Jasny added that while the group still is considering its next move, “Unless there’s something we haven’t seen, our expectation is that we will be back in court.”

American Trucking Associations doesn’t like the rule either, although for different reasons.
ATA President and CEO Bill Graves said that the new, more restrictive 34-hour restart provision will force more trucks onto highways during congested morning traffic.

“Over the next few days, ATA will be discussing the restart changes with its membership and will make a decision on whether to pursue legal action in the near future,” said Dave Osiecki, senior vice president of policy and regulatory affairs.

The only positive ATA sees in the rule is the agency’s decision to push the effective date out 18 months, to July 1, 2013, Graves said.

Although the rule preserves the 11-hour limit on driving time, rather than cutting back to 10 hours, in general the changes can be described as a tightening of the current rule.

The new rule

Here’s a rundown on the major provisions, with the agency’s rationale.

* The agency said there is no “compelling scientific evidence” that a 10-hour driving limit produces enough safety benefits to outweigh the strong evidence that an 11-hour limit may have higher net benefits.

“The research literature on fatigue in the motor carrier industry generally shows that crash risk increases with work hours, both daily and weekly,” the agency said in its analysis. “The available data, however, are not sufficiently robust to yield a statistically significant distinction between the crash risk associated with any two adjacent hours of work.”

The agency added that it plans to do a comprehensive analysis of crash risk by driving hour, and is open to reconsidering the provision.

* The new rule tightens the 34-hour restart provision by limiting its use to one time a week and requiring at least two periods of rest between 1 a.m. and 5 a.m.

The agency said the once-a-week restriction allows drivers to work long hours (81 hours) in one week but requires them to compensate with extra time off the following week.

“The purpose of the rule change is to limit work to no more than 70 hours a week on average,” the agency said. “Working long daily and weekly hours on a continuing basis is associated with chronic fatigue, a high risk of crashes, and a number of serious chronic health conditions.”

The two successive rest periods between 1 a.m. and 5 a.m. are a slight easing of the agency’s initial proposal, which was to require rest between midnight and 6 a.m. The idea, the agency said, is to target the period of circadian lows but give drivers a little more flexibility in when they start and end their rest periods.

* The new rule says that if it has been more than eight hours since a driver took an off-duty or sleeper berth half-hour break, he must take a half-hour break before resuming driving.

“Research with drivers and in other industrial sectors indicates that the risk of accidents falls substantially after a break, with off-duty breaks providing the greatest reduction in risk,” the agency said.

* The 14-hour driving window remains the same. The agency had proposed limiting on-duty time to 13 hours within the 14-hour window, but decided not to go that route because it was too complex.

Now, with the half-hour break requirement, drivers will be able to work 13.5 hours in the 14-hour period if they are driving after the eighth hour on duty.

* The agency decided not to adopt its proposal to extend a driver’s daily shift to 16 hours twice a week.

The idea was to accommodate for circumstances such as loading and unloading, and allowing drivers to count some time spent parked in their trucks toward off-duty hours. But the agency said research shows that driving in the 16th hour after coming on duty is much riskier than driving in the early hours of a duty day.

* As proposed, the new rule changes the definition of on-duty time. Now it’s defined as any time in the truck, except the sleeper berth. Under the new rule it will not include any time spent resting in a parked truck, or up to two hours in the passenger seat of a moving truck immediately before or after eight hours in a sleeper berth.

This provision goes into effect quicker than the 2013 deadline. It will be effective in about two months.

* Also as proposed, the oilfield operations exemption will be revised. Under the new rule, “waiting time” for certain drivers at oilfields must be logged as off-duty and identified by a note in the “remarks” section or in a separate line.

This provision also is effective in about two months.

* The agency is going ahead with a new definition of an “egregious” hours of service violation: driving or allowing a driver to drive three or more hours beyond the limit. These violations may be subject to the maximum civil penalty.

Why the change

The agency challenged assertions by the trucking industry and shippers that improvements in safety indicate there is no need to change the current rule.

“FMCSA believes that the 2003 (current) rule, which limited the duty period and lengthened the off-duty period, has certainly not diminished safety,” the agency said.

“But the recent declines in crashes cannot be specifically attributed to that rule. More importantly, despite the improvement, 3,380 people were killed in truck crashes in 2009 and 74,000 were injured. Although historically low, the numbers are still far too high.”

The agency puts the overall cost of the rule at about $470 million a year, and its benefits at about $630 million.

There is a copy of the rule, and a QA on the details, on the FMCSA website.

Printer Friendly Version
Email This Story
RSS
Bookmark and Share

Government/Regulations: Related News

12/23/2011 – New Hours Rule Likely Headed Back to Court

There’s a good chance the Federal Motor Carrier Safety Administration’s new hours of service rule is going back to court.

Just hours after the new rule was released, Advocates for Highway and Auto Safety indicated that it may resume its challenge of the 11-hour limit on driving….
More

12/22/2011 – Clean Ports Bill Introduced in Senate


A bill that would give ports more authority over drayage operations has been introduced in the Senate. Among other things, the bill would clear the way for ports to ban owner-operators and require all drivers to be employees of companies. …
More

12/22/2011 – Final HOS Rule Retains 11-Hour Driving Limit

The long-awaited final rule on revised hours of service has been released, keeping the current 11-hour daily driving limit but cutting by 12 hours the maximum number of hours a truck driver can work within a week….
More

12/21/2011 – Hours of Service Rule Could be Published as Soon as Tomorrow


The revised hours of service rule has been cleared by the White House Office of Management and Budget, and is expected to be released soon, perhaps tomorrow….
More

12/20/2011 – Legislators Seek Info on Remanufactured Parts


A group of legislators is asking the Government Accountability Office to look into the use of remanufactured parts by non-defense federal fleets….
More

12/20/2011 – FMCSA Reminds Carriers to Update Fleet Data

Motor carrier data used to calculate SMS scores, such as Vehicle Miles Travelled and Power Unit data needs to be updated….
More

12/15/2011 – NTSB Recommendations Include Video Recorders, Collision Prevention

Tucked away in the same document in which the National Transportation Safety Board recommended cell phone bans for all drivers was a reiteration of previous recommendations to require video event recorders in heavy trucks, look at mandating collision avoidance systems, and other truck-specific issues….
More

12/15/2011 – NHTSA Closer to Posting Stability Control Proposal


A proposal to require stability control systems on truck tractors moved a step closer to publication this week when it was sent over to the White House Office of Management and Budget for final vetting….
More

12/15/2011 – Senate Commerce Committee Passes Truck Safety Bill

In a contentious session yesterday, the Senate Commerce Committee cleared the truck safety section of the pending highway bill.

The committee cleared the bill 13 to 11 on a party-line vote, not because the Republican minority opposes the safety provisions, but because the measure includes an amendment concerning freight planning that the minority does not like….
More

12/14/2011 – FMCSA Proposes Tougher Procedures on Reincarnated Carriers


A new rule proposed by the Federal Motor Carrier Safety Administration would make it tougher for carriers that have been sanctioned to reincarnate themselves under a new identity.

The agency is proposing to change its procedures in several areas affecting truck lines, intermodal equipment providers, brokers, freight forwards and hazmat proceedings….
More

12/14/2011 – NSTB Calls for Nationwide Ban on Cell Phone Use While Driving

After investigating a 2010 multi-vehicle highway accident in Gray Summit, Mo, the National Transportation Safety Board Tuesday called for the first-ever nationwide ban on driver use of “personal electronic devices,” such as cell phones, while operating a motor vehicle….
More

12/8/2011 – A Rare Glimpse of Bipartisanship on Highway Bill

In an unusual display of bipartisanship, a large group of House members from both parties pledged to work with President Obama on a six-year highway reauthorization bill. Sixty-two Democrats and 49 Republicans signed a letter asking Obama to support a six-year, fully funded bill….
More

12/8/2011 – Advisory Panels Urge Tougher Screening for Sleep Apnea


Trucking moved a small step closer to a sleep apnea regulation yesterday, when advisors to the Federal Motor Carrier Safety Administration recommended that the agency toughen up its approach to the disorder.

Two advisory panels, one from the medical community and one representing industry, enforcement, labor and safety advocacy interests, said the agency should tell medical examiners that drivers with a body mass index of 35 or more must be evaluated for sleep apnea….
More

12/7/2011 – FMCSA Live Webcast Today: Medical Review Board Meeting on OSA

Today, the Federal Motor Carrier Safety Administration will live webcast a meeting held by the agency’s Motor Carrier Safety Advisory Committee and Medical Review Board to discuss obstructive sleep apnea. Proceedings can be viewed live at www.fmcsa.dot.gov between 8AM and 5PM….
More

12/7/2011 – Advisory Committee Wraps Up Work on EOBR Recommendations


The Motor Carrier Safety Advisory Committee this week wrapped up work on recommendations to the Federal Motor Carrier Safety Administration on technical details of the pending electronic onboard recorder requirement….
More

12/5/2011 – HOS Debate Hurting Rate Negotiations: FTR

FTR’s Trucking Conditions Index, as reported in the December Trucking Update, declined to a reading of 3.4 in October, primarily due to further delay in the issuance of revised Hours of Service regulations….
More

12/5/2011 – CRASH says New Safety Data Validates Need for New HOS Rule

In a press release issued Friday, the Truck Safety Coalition says truck crash fatalities rose to nearly 4000 in 2010, from 3,380 casualties in 2009….
More

12/2/2011 – CARB TRU Compliance Extension Application Forms now Available

Owner of reefer equipment unable to comply with the Dec. 31 2011 deadline due to delays in delivery, installation, or financing, reefer owners may apply for a compliance extension….
More

12/1/2011 – CVSA Wraps Up Montreal Cargo Securement Forum

CVSA’s semi-annual North American Cargo Securement Harmonization Public Forum was held in Montreal, Que. this week. About 75 people attended from various branches of the enforcement and regulatory community, carriers, equipment makers and suppliers….
More

12/1/2011 – Hearing Raises Political Profile of Hours Rule


A new piece of information emerged from yesterday’s hearing on the pending hours of service rule. Federal Motor Carrier Safety Administration chief Anne Ferro said that preliminary estimates show a possible uptick in truck-related fatalities, from 3,360 in 2009 to “approaching 4,000” in 2010….
More

11/30/2011 – Hours Rule Will Get More Hill Scrutiny


The pending hours of service revision will get more congressional scrutiny at a House hearing scheduled for Wednesday….
More

11/29/2011 – Third Mexican Carrier Clears Safety Audit

A third Mexican carrier, Moises Alvarez Perez, has cleared a pre-authorization safety audit for long-distance service across the border under the Federal Motor Carrier Safety Administration’s cross-border pilot program….
More

11/23/2011 – OSHA Issues Order, Damages Against Heartland Transportation Inc.

An Andersonville, Tenn.-based contract mail carrier has been ordered by the Occupational Safety and Health Administration to reinstate a former employee and pay $62,090 in compensatory and punitive damages plus more than two years of back wages, interest, benefits and attorney’s fees….
More

11/23/2011 – Final Rule Posted Banning Handheld Cell Phone Use by Truck Drivers

Interstate truck and bus drivers will soon be prohibited from using handheld cell phones while operating their vehicles, under a final joint rule announced today from the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration….
More

11/21/2011 – ATRI Research Reveals Motor Carrier CSA Perspectives

The American Transportation Research Institute (ATRI) has released a report detailing impact CSA has had on the daily operations of trucking companies….
More

11/21/2011 – Drivers: Hang on to Those Medical Certificates


Truck drivers must continue to keep a copy of their medical certificate with them for another year, while states gear up to implement an electronic system for tracking the certificates….
More

11/21/2011 – Small Business Administration Proposes Size Standards Increase for Truck Renting and Leasing Industry

The Small Business Administration has issued a proposed rule to increase small business size standards for several industries under the North American Industry Classification System, including the truck renting and leasing industry….
More

11/18/2011 – ATA Asks OMB to Consider if ‘Legitimate’ Reasons Exist for Hours Change

American Trucking Associations President and CEO Bill Graves, has written to Cass Sunstein, administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget, asking whether any “legitimate reason” exists to change the current HOS rules….
More

11/18/2011 – ATRI Research Reveals Motor Carrier CSA Perspectives

The American Transportation Research Institute (ATRI) has released a report detailing impact CSA has impacted the daily operations of trucking companies….
More

11/18/2011 – House Links Highway Funding to New Oil and Gas Revenues


Speaker John Boehner, R-Ohio, yesterday made it official that the House will link funding for transportation reauthorization to the extraction of oil and natural gas from areas now closed to drilling….
More

11/17/2011 – Maryland Trucking Company Declared Imminent Hazard to the Public, Shut Down — Again

The Federal Motor Carrier Safety Administration has ordered Maryland-based Gunthers Transport, LLC shut down after a lengthy investigation found it to be an imminent hazard to public safety. Company owner, Mark David Gunther, was convicted on similar charges in 1995….
More

11/16/2011 – FMCSA Will Rewrite EOBR Rule to Address Court’s Concerns

The Federal Motor Carrier Safety Administration will not appeal the court decision vacating the electronic onboard recorder rule scheduled to take effect next June. Instead, it will address the court’s concerns about driver harassment in a later rule….
More

11/15/2011 – Latest Data Show Truck Safety Progress

The latest truck safety data are in, and they show continued improvement. The number of large trucks involved in fatal crashes dropped 31% between 2007 to 2009, from 4,633 to 3,215, said the Federal Motor Carrier Safety Administration in a new report….
More

11/10/2011 – Suit Filed Over New Truck Fuel Economy Standards

A legal firm representing a group of small trucking and construction business owners in California has filed a federal lawsuit challenging the federal government’s new fuel-economy standards for heavy duty and medium duty vehicles….
More

11/10/2011 – Washington State Has New Tool to Check for HOS Violations

The Washington State Patrol’s Commercial Vehicle Division is using automated license plate readers to help it find drivers violating hours of service rules….
More

11/10/2011 – Senate Committee First Out of Chute with Highway Bill

Last week the Senate Environment and Public Works Committee unanimously reported out a bill that would reauthorize the federal highway program for two years. One move does not make a chess game, but it’s a welcome development…
More

11/9/2011 – Senate Committee Will Vote on Highway Bill This Week

The Senate Environment and Public Works Committee will vote on a two-year, $109 billion highway reauthorization bill this week. Moving Ahead for Progress in the 21st Century (MAP-21), as the bill is called, is intended to preserve current spending levels….
More

JOIN OUR NEWSLETTER
I agree to have my personal information transfered to MailChimp ( more information )
Join over 3.000 visitors who are receiving our newsletter and learn how to optimize your blog for search engines, find free traffic, and monetize your website.
We hate spam. Your email address will not be sold or shared with anyone else.
Tax, Accounting, Consulting - Emil Estafanous, CPA, CFF, CGMA