Earlier this month, President Obama signed the Highway Reauthorization bill known as Moving Ahead for Progress in the 21st Century Act, or MAP-21.
The fully-funded 27 month bill (running through the end of FY 2014) allows more than $100 billion to be spent on highway, mass transit, and other transportation programs. MAP-21 represents a bi-partisan compromise, ending nearly three years of deadlock and delay, with nine extensions, since the last comprehensive funding law expired in September 2009.
The bill stipulates that all federal taxes on diesel fuel and gasoline, and all excise taxes on trucks, tractors, and tires, will remain unchanged through September 30, 2016, and the Heavy Vehicle Use Tax will remain unchanged through September 30, 2017. In addition, the bill focuses on several significant changes to the FMCSA’s safety programs, including:
- 34-hour Restart Study – FMCSA must complete a field study by March 31, 2013 to determine the efficacy of the changes to the hours-of-service 34-hour restart provision, due to go into effect in July 2013. The language does not prohibit the agency from putting the restart changes into effect based on (or pending) the results of the study.
- Electronic Logs (EOBRs) – DOT must establish regulations mandating electronic logging devices within one year. This controversial issue was further complicated by the passing of a recent House amendment that would strip funding for the EOBR mandate. More to come on this topic in August.
- Drug and Alcohol Clearinghouse – Within two years, the DOT must establish, operate, and maintain a national clearinghouse to capture drivers’ positive drug/alcohol test results and records of refusals to test. Motor carriers will be required to query the clearinghouse when screening new driver applicants.
- Employer Notification System – Within one year, FMCSA must establish standards for state systems that automatically notify motor carriers of drivers’ moving violations, suspensions, etc. Motor carriers may use these systems to meet the current annual motor vehicle record review requirements. Within 2 years, FMCSA must develop recommendations, and a plan, for implementing a national system to perform these functions.
- New Entrant Testing and Audits – DOT must require new motor carriers entering the industry to complete a proficiency test on safety regulations and to complete a DOT safety fitness review within 12 months
- Broker Bond – The broker bond is increased to $75,000 and applies to freight-forwarders, as well.
- Freight Policy – A new National Freight Network is established, requiring DOT to create a national freight plan, which will include an assessment of the condition and performance of the national freight network and identification of highway freight bottlenecks
- Truck Size and Weight – There is no increase to the size and weight limits, other than an increase in allowable weight for idling reduction devices (from 400 lbs to 550 lbs). However, DOT is required to conduct a comprehensive size and weight study within two years, and to compile a list of the existing truck size and weight limit laws in every state.
The Commercial Vehicle Safety Alliance (CVSA) has prepared a section-by-section summary of the relevant trucking-specific portions of MAP-21. See it here.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Kentucky, Missouri, Ohio, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
REGISTER NOW!!
Driving Ambition is proud to be a sponsor of the Indiana Motor Truck Association’s Spring Council Conference. The annual Conference, put on by the Safety & Maintenance Council, will be held on Wednesday and Thursday, May 9-10, at the Sheraton Indianapolis Hotel at Keystone Crossing.
This informative, two-day Conference will feature a variety of critical transportation-related topics, including:
- Driver Recruitment & Retention – presented by Jeremy Reymer, President & CEO of Driving Ambition
- Driver Wellness – presented by Chuck Gillespie, Program Director for Wellness Council of Indiana
- Cargo Theft – presented by Ari Berlin, Federal Bureau of Investigations
- FMCSA Update (CSA, EOBRs, HOS, and Sleep Apnea) – Kenneth Strickland, Division Administrator for FMCSA
- Fuel / Energy Price Advisory – presented by Jack Hunter, Risk Management Consultant for INTL FCStone, Inc.
- Alternative Fuels – Panel discussion led by Kellie Walsh, Greater Indiana Clean Cities Coalition
- Maintenance Compliance – presented by Michael Irwin, DEKRA Automotive North America, Commercial Fleet Performance Systems
- Indiana Transportation Projects – Keith Bucklew, Indiana Department of Transportation (INDOT)
The Spring Council Conference begins in the afternoon on Wednesday, May 9, followed by an Awards Dinner featuring key-note speaker Rob Abbott, VP of Safety Policy for ATA. The Conference will end before noon on Thursday, May 10.
At only $80 for IMTA members to attend (only $130 for non-members), this is an incredible value!
For more information, and to register online, click here.
Register now and join us for this important industry update!
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Trucking 2011: Year in Review - CSA, HOS, Distracted Driving, & more
As 2011 winds to a close, it proved to be another year full of safety and regulatory changes.
This special Year in Review segment highlights some of the articles from some of the most controversial and widely followed topics throughout the year.
We'll begin with Hours-of-Service (HOS) since this has been the most contested topic this year.
Hours of Service
• Happy Holidays! New Truck Driver HOS Rule expected by Christmas (12/05/2011)
• Final Truck Driver HOS Could Come Soon (11/10/2011)
• New Truck Driver HOS Deadline Looms – What’s Next? (10/20/2011)
• Truck Drivers’ Final HOS Rule Expected by October 28 (09/22/2011)
• FMCSA Delays Release of new Driver Hours-of-Service Rule (06/19/2011)
• FMCSA Publishes New Hours of Service Proposed Rule (01/16/2011)
Distracted Driving
• Final Rule Prohibits Hand-Held Cell Phone Use by CDL Truck Drivers (12/06/2011)
• Industry Awaits Final Rule to Ban Cell-Phone Use by CDL Drivers (11/09/2011)
• NTSB Recommends Complete Cell Phone Ban for Truck Drivers (09/22/2011)
• FMCSA Proposes Rule to Ban Hand-Held Cell Phone Use for Truck Drivers (01/17/2011)
Compliance, Safety, Accountability (CSA)
• CSA Report Reflects Positive Feedback from Trucking Industry (12/04/2011)
• CSA Study Reveals Strengths & Weaknesses (09/24/2011)
• Report Reveals Most Truck Drivers Lack CSA Understanding (08/22/2011)
Sleep Apnea
• FMCSA Receives Sleep Apnea Recommendation for Truck Drivers (12/08/2011)
• FMCSA Adds Sleep Apnea Page to Website (07/13/2011)
• FMCSA Considers New Information on Sleep Apnea & Diabetes (07/12/2011)
Driver Medical Certification
• Update to Truck Driver Medical Certificate Changes (12/05/2011)
Driver Shortage
• Many Trucking Companies Facing Driver Shortages (02/07/2011)
Drug & Alcohol Testing
• Pending Bill to Address Drug/Alcohol Testing of CDL Drivers (05/12/2011)
EOBRs / Electronic Logs
• FMCSA Proposes EOBR Mandate for All Interstate Truck Drivers (02/03/2011)
Various Safety
• Economy, Hours-of-Service, Driver Shortage Top Trucking Concerns (10/19/2011)
• CDL Drivers: Reduce Accidents with Safe Backing Procedures (07/16/2011)
• Roadcheck 2011 Shows CDL Driver Safety Continues to Improve (07/15/2011)
• Will the FMCSA Begin Ranking CDL Drivers? (07/14/2011)
• Top 10 Work Zone Safety Tips for CDL Drivers (04/17/2011)
• FMCSA Regulatory Update (03/05/2011)
• Video Interview: FMCSA Administrator Discusses Safety Strategy (03/05/2011)
• Winter Weather Truck Driving (01/04/2011)
Driving Ambition will continue to blog with updates on important safety and regulatory topics. You can also visit us on Facebook, LinkedIn, and Twitter for additional information.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Important Reminder: There’s still time to complete the annual Top Industry Issues Survey - the deadline is Friday, September 23.
Since 2005, the American Transportation Research Institute (ATRI), a non-profit research organization for the trucking industry, has conducted its annual Top Industry Issues Survey.
The annual survey, commissioned by the American Trucking Associations (ATA), asks trucking industry stakeholders to rank items such as CSA, Hours-of-Service, the driver shortage, onboard recorder technology, the economy, transportation funding, congestion, truck size and weight, and fuel issues.
Designed to provide insight into the critical issues confronting the trucking industry now and in the future, the survey also proposes strategies for addressing each issue, and survey participants are asked for their preferences.
Industry stakeholders are encouraged to complete the survey online. Alternately a paper copy is available on ATRI’s website at www.atri-online.org.
Completing the survey takes a matter of minutes and is valuable information in shaping the policies for addressing the major issues.
The results of the 2011 survey will first be released at the ATA Annual Management Conference and Exhibition, to be held October 15-18, 2011 in Grapevine, Texas.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Continuing a process begun in 2005, the American Transportation Research Institute (ATRI), a non-profit research organization for the trucking industry, is again conducting its annual Top Industry Issues Survey.
The annual survey, commissioned by the American Trucking Associations (ATA), asks trucking industry stakeholders to rank items such as CSA, Hours-of-Service, the driver shortage, onboard recorder technology, the economy, transportation funding, congestion, truck size and weight, and fuel issues.
Designed to provide insight into the critical issues confronting the trucking industry now and in the future, the survey also proposes strategies for addressing each issue, and survey participants are asked for their preferences.
Industry stakeholders are encouraged to complete the survey online. Alternately a paper copy is available on ATRI’s website at www.atri-online.org.
The results of the 2011 survey will first be released at the ATA Annual Management Conference and Exhibition, to be held October 15-18, 2011 in Grapevine, Texas.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
The FMCSA continues to have their hands full as they juggle several major issues that will have a significant impact on the trucking industry in the weeks, months, and years ahead.
Compliance, Safety, and Accountability (CSA), the FMCSA’s newest safety measurement program, was officially launched late in 2010. Carriers’ CSA scores are now being monitored for safety compliance.
As the first step in the intervention and enforcement process, the FMCSA has begun sending out warning letters to carriers it has identified as needing to improve safety performance in one or more of the BASIC categories that CSA tracks. The warning letter provides instructions for accessing motor carrier safety data in the Safety Measurement System (SMS). The FMCSA has provided a Factsheet, which includes a sample warning letter and FAQs, as well as a “Tip- sheet” about how to respond to a warning letter online. Carriers can use these documents to more effectively resolve FMCSA concerns and prevent escalated enforcement, such as an on-site compliance review.
Hours of Service: Friday, March 4 was the last day for stakeholders to comment on the FMCSA’s new Hours of Service (HOS) proposal. Since the proposed rule was announced in late December, the industry has mobilized to fight against the change and defend the current HOS rules. Many argue that the proposed rule rivals the U.S. tax code in complexity. To gather further industry input, the FMCSA hosted a listening session on Feb. 17th. Within days of the listening session, the FMCSA indicated their preference to reduce the number of hours a driver can legally drive per day from eleven to ten. Since 2004, the HOS rules have been the center of ongoing legal battles. Regardless of what the FMCSA’s final rule looks like, the legal battles will surely continue. We should know soon since, under a settlement agreement reached in October 2009, a final rule would be published by July 26, 2011.
Electronic Onboard Recorders (EOBRs): While busy with CSA and the HOS debate, the FMCSA in late January also proposed a rule that greatly expands the current rule put out less than a year ago. The newly proposed rule, which will go into effect three years after it is made final, would require all interstate commercial truck and bus companies to install EOBRs to systematically monitor their drivers’ HOS compliance.
The rule would apply to all carriers now required to maintain driver logs, which affects approximately 500,000 interstate carriers. Violators of the EOBR requirement would face penalties of up to $11,000 per offense and impact the carrier’s CSA rating and DOT operating authority.
The FMCSA has extended the comment period on this proposal until May 23, 2011. The FMCSA will consider all comments and material received during the comment period and may change this proposal based on those comments. The rule will likely be published prior to the June 2012 compliance date for the current EOBR rule. It will enforce the current rule during the period between the 2012 compliance date and the compliance date of the new rule.
Fuel: As if these safety and regulatory concerns weren't enough for the trucking industry, the rising price of fuel is having an impact that is putting carriers at risk – even as the nation slowly begins to roll to an economic recovery. In the wake of escalating unrest in the Middle East, diesel prices have continued to skyrocket in all regions of the U.S. Fuel is a significant expense for trucking companies that is often felt twice - first by increasing their operating costs and then by reducing freight volumes as consumers spend more on energy and are forced to reduce their spending on other consumer goods.
The U.S. Department of Energy Information Administration (EIA) tracks diesel prices and provides complete diesel price information on the EIA website. The national average price of on-highway diesel is currently at its highest level since early October 2008. Since the end of September, diesel prices have surged more than 76 cents — or 26 percent — and have declined in only three of 22 weeks.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
FMCSA Administrator Anne Ferro conducted a brief video interview in which she defines the FMCSA’s broad safety strategy. The interview, which took place at the February 17 Hours-of-Service listening session, describes the three significant motor carrier safety initiatives that make up the interlocking pieces of the FMCSA’s overall safety strategy.
Those three initiatives - Compliance, Safety and Accountability or CSA program, truck driver Hours-of-Service (HOS) reform, and Electronic Logging, or EOBRs - designed to drive truck accident fatalities lower, focus squarely on driver behavior.
"It's all about the driver. It comes down to how the driver behaves and how well the company is supporting that driver's focus on safety," said Ferro. "It's a whole network of interlocking pieces that impact how the driver behaves…and that includes car drivers.”
Although fatalities in crashes involving large trucks dropped 36 percent from 2005 to 2009, the FMCSA's mandate is to reduce those fatalities even further.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
On January 31, 2011, the FMCSA proposed an Electronic On-Board Recorder (EOBR) rule that greatly expands the current rule put out less than a year ago.
The current rule, published in April 2010 and effective June 2012, requires the installation of EOBRs for motor carriers found during a compliance review to have a 10 percent violation rate for any Hours of Service (HOS) regulations. It’s expected to affect only 5,700 interstate carriers.
The newly proposed rule, which will go into effect three years after it is made final, would require all interstate commercial truck and bus companies to install EOBRs to systematically monitor their drivers’ HOS compliance. The rule would apply to all carriers now required to maintain driver logs, which affects approximately 500,000 interstate carriers.
The proposed rule exempts short-haul carriers whose drivers currently use time cards, primarily those of “property-carrying CMVs that do not require a CDL and who operate within a 150 air-mile radius of the driver’s normal work-reporting location under the current provisions.” In cases where drivers mainly use timecards, but occasionally drive beyond the limits of their normal operations, the FMCSA indicated it would permit continued use of timecards.
The proposal also relieves interstate motor carriers from retaining certain HOS supporting documents, such as delivery and toll receipts, which are currently used to verify the total number of hours drivers spend operating the vehicle.
The proposal includes a requirement that carriers maintain an HOS management system - controls, policies, programs, practices and procedures that systematically monitor a driver's compliance with the rules, and verify the accuracy of the logs. Failure to maintain such a system would be listed as an acute and critical citation.
Carriers found to be in violation of the EOBR requirement would face penalties of up to $11,000 per offense and impact the carrier’s CSA rating and DOT operating authority.
“We cannot protect our roadways when commercial truck and bus companies exceed Hours-of-Service rules,” said Transportation Secretary Ray LaHood. “This proposal would make our roads safer by ensuring that carriers traveling across state lines are using EOBRs to track the hours their drivers spend behind the wheel.”
“This proposal is an important step in our efforts to raise the safety bar for commercial carriers and drivers,” said FMCSA administrator Anne Ferro. “We believe broader use of EOBRs would give carriers and drivers an effective tool to strengthen their HOS compliance.”
The FMCSA has extended the comment period on this proposal until May 23, 2011. The FMCSA will consider all comments and material received during the comment period and may change this proposal based on those comments. The rule will likely be published prior to the June 2012 compliance date for the current EOBR rule. It will enforce the current rule during the period between the 2012 compliance date and the compliance date of the new rule.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Truck driver fatigue, and its connection to Hours of Service (HOS), has long been a major safety and compliance concern in the trucking industry. Earlier this year, the FMCSA issued a final rule mandated electronic onboard recorder (EOBR) use for carriers with “serious patterns of hours of service violations.” As an incentive to encourage the voluntary adoption of EOBRs, the FMCSA will no longer require supporting documents related to driving time for carriers that install EOBRs.
Just over a month ago, however, new legislation was introduced that would mandate the installation of EOBRs in all trucks operating in interstate commerce. The legislation, known as the Commercial Driver Compliance Improvement Act, was introduced by Senators Mark Pryor (D-Ark) and Lamar Alexander (R-Tenn).
The Commercial Driver Compliance Improvement Act would give the Department of Transportation 18 months to come up with a final rule and would take effect within three years after passage. The EOBR would be linked to the truck’s engine in order to identify the driver, record a driver’s duty status and monitor the location and movement of the vehicle. The legislation calls for utilizing existing technology and devices that are currently in the marketplace.
The bill also sets forth limitations on how the data in the recorders can be used. The data would not be admissible in any civil, criminal or administrative proceeding for any purpose other than establishing compliance or non-compliance with the hours of service rule, unless the owner of the truck consents.
Immediately following the bill’s introduction, five trucking companies announced their support: J.B. Hunt Transport Services, Knight Transportation, Maverick USA, Schneider National and U.S. Xpress Enterprises. They also formed a coalition, The Alliance for Driver Safety & Security, to urge Congress to pass the legislation and also to advance other measures that can improve highway safety.
All transportation firms that embrace the legislation are encouraged to join the coalition and support the effort. The Alliance plans to spend the rest of the year gathering allies and building support for passage of the bill next year. "Time is of the essence," said Steve Williams, chairman and CEO of Maverick USA. "As an individual carrier I can't sit around and wait for an opportune time better than now to advance this legislative solution."
Time really is of the essence. With a new HOS proposed rulemaking pending, support of the Commercial Driver Compliance Improvement Act could be the trucking industry’s attempt at a “compromise” - although the Alliance has officially stated that support of the bill has no connection to the rewrite of the HOS rules. This legislation allows the industry to enforce compliance with HOS rules, rather than just change the rules without a component of enforceable compliance. As Don Osterberg, Senior VP of Safety for Schneider National stated, “Electronic logs take the noncompliance issues off the table.”
The biggest argument against mandating EOBR compliance among all carriers relates to the considerable cost involved. Although there are currently solutions as inexpensive as $300-400 per unit, the costs will surely come down as the technology is more universally embraced.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
When Ann Ferro, the current FMCSA Administrator, was sworn in last year, it was with the agreement that the FMCSA would review and consider crafting a new Hours of Service (HOS) rule to put a lawsuit by special interest groups, including Public Citizen, Advocates for Highway and Auto Safety, and the Teamsters union, on hold.
With this settlement, the FMCSA would be required to have a formal draft of a Notice of Proposed Rulemaking (NPRM) by mid-July 2010, and would publish a final rule within 21 months of the date of settlement (Oct. 26, 2009), which would be July 26, 2011.
Between January and March 2010, the FMCSA held a total of 5 listening sessions across the country to get feedback from both drivers and carriers regarding current HOS rules, and any proposed changes.
Those who attended the listening sessions, both motor carriers and drivers, were primarily in favor of keeping the current HOS rules – a 14-hour workday, with a maximum 11 hours of drive time and 3 hours for loading/unloading, followed by a 10-hour off-duty period. The current rules also limit drivers to 60/70 hours on duty in 7/8 consecutive days. They then may restart their 7/8 consecutive day period after taking 34 or more consecutive hours off duty – also known as the “34-hour restart” provision.
From a safety perspective, the current HOS rules are working. "In the very real world of trucking, highway safety has improved in the past 6 years under these rules," said Dave Osiecki, ATA’s VP of Safety, Security & Operations. According to Vehicle Miles Traveled (VMT) figures released earlier this year, the truck-involved fatality rate in 2008 declined 12.3 percent from 2007. This decline marks the largest year-to-year drop ever and the fifth consecutive year the fatality rate has improved. Since new hours-of-service regulations took effect in 2005, the truck-involved fatality rate has come down more than 20 percent and is at its lowest since the U.S. Department of Transportation began keeping those records in 1975. The fatality rate has declined more than 66 percent since 1975.
According to research by the American Transportation Research Institute (ATRI) on the current HOS rules, the total collision rate was down 11.7 percent and preventable collisions decreased 30.6 percent from 2004 to 2009. Another key finding from ATRI’s analysis was that, in 2009, the majority of commercial vehicle crashes (87%) occurred within the first eight hours of driving. A similar trend was found in an analysis of fatal truck collisions using the Trucks Involved in Fatal Accidents (TIFA) database. A review of 2007 TIFA data showed that 80 percent of fatal truck collisions occurred within the first eight hours of driving.
This chart displays the distribution of DOT recordable collisions for each of the 11 driving hours. The crash rate peaks during the first three hours.
However, one way to improve the rule, which was suggested by many in attendance at the 5 listening sessions, would be to allow for more flexibility in the sleeper berth provision. This flexibility would encourage circadian friendly sleep and naps, rather than constraining drivers to one, inflexible option under the current HOS rules, which overlooks the individual needs of each driver. The current HOS rules, with a 14-hour clock that doesn’t stop once started, discourages drivers from stopping for meals or to stretch their legs, actually increasing fatigue.
According to the ATA, to better address the true causes of fatigue in transportation, FMCSA should focus its resources on (1) sleep disorder awareness, training and screening, (2) promoting the use of Fatigue Risk Management Programs, (3) increasing the availability of truck parking on important freight corridors, and (4) partnering with the trucking and shipping communities to develop an educational process that identifies for drivers the location of available truck parking.
The FMCSA acknowledged the industry’s pleas for more flexibility, but stressed concern over being able to prevent abuse. FMCSA Administrator Ferro stated, "We've heard about the need for flexibility…what I haven't heard yet is how you take a rule with flexibility in it and ensure you've got sufficient structure to go after the folks that are going to abuse that flexibility. We all know it happens today, it happened before, and it will happen again."
A recent document, filed on behalf of the Truck Safety Coalition, Public Citizen and Advocates for Highway and Auto Safety, and posted on www.regulations.gov, reveals that daily driving time under a new HOS rule should be reduced by 27 percent. The document calls for a maximum 12-hour work shift, with no more than eight consecutive hours of driving per shift. The document, one of over 300 documents related to the new rule, also calls for universal electronic on-board recorder (EOBR) equipment.
The coalition said it wants to see a maximum of 40 driving hours in a seven-day period and a maximum of 60 hours of work time in a seven-day period. It also wants to see a minimum 48-hour, off-duty layover, rather than the current 34-hour “restart”. Industry reports indicate that a reduction of allowable driving time from eleven to eight hours, and elimination of the 34-hour restart rule, could cost the trucking industry $3.1 billion or more annually.
In late June, the office of DOT Secretary Ray Lahood received the first draft of a new HOS rule from the FMCSA. After reviewing it and determining it was not necessary to be sent back to FMCSA for revisions, the first draft was sent to the White House (Office of Management & Budget, or OMB) for what's expected to be an additional three-month review. Currently in the NPRM stage, the proposal is by no means in a near final form.
The OMB will consider how the rules will impact the larger picture, such as how much it will cost and how it will affect national economic policy. Once OMB signs off on the regulation, it will then be published in the Federal Register. The FMCSA’s goal is to publish the NPRM on November 4.
Once published in the Federal Register, the public will, for the first time, get full disclosure of the agency’s plan on what, if any, changes will be made to the current HOS regulations.
In April, during an FMCSA oversight hearing, Senate Sub-committee Chairman Lautenberg (D-NJ) said, “The Obama administration has made the right move by initiating a new rulemaking on driver hours…but let’s be clear: When this process is over, we cannot wind up with the same flawed regulations that the last administration designed.”
If this is any indication on the direction of a new HOS rule, the industry could be in for a rude awakening.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.