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.
The 2010 Indiana Truck Driving Championships was held on Father’s Day weekend, Saturday, June 19th, at the Indiana State Fairgrounds in Indianapolis. Nearly 120 CDL drivers competed against each other in 8 different classes: Straight Truck, 3-Axle Van, 4-Axle Van, 5-Axle Van, 5-Axle Sleeper, Flatbed, Tanker, and Twin Trailer.
The competition consists of a “skills test” (obstacle course), a written test, and a pre-trip inspection test. Awards were given out on Saturday evening at the Banquet of Champions for the drivers who finished in the top 3 of each class, as well as the driver with the highest score, the Rookie of the Year award, and the Team Award for the highest scoring team. Each first place winner will be competing at the 2010 National Truck Driving Championships in Columbus, OH August 3-7.
Each year, Driving Ambition drivers and office staff serve as volunteers to help judge this event.
This year’s winners:
Straight Truck Class
1st place: Dennis Shirar from Heritage Transport
2nd place: Mike Wilson from Con-Way Freight
3rd place: Troy Davis from FedEx Express
3-Axle Van Class
1st place: William Wurz from Con-Way Freight
2nd place: Greg Weil from Con-Way Freight
3rd place: Kenneth Buntain from UPS Freight
4-Axle Van Class
1st place: Jon Marxmann from Con-Way Freight
2nd place: Marty Wilson from Heritage Transport
3rd place: James Anglin from YRC Worldwide
5-Axle Van Class:
1st place: Derrill Blandford from USF Holland
2nd place: Steve Gordon from Con-Way Freight
3rd place: Joshua Ferguson from FedEx Express
5-Axle Sleeper Class:
1st place: Ron Marker from Wal*Mart Stores
2nd place: Daniel Zemanek from Con-Way Freight
3rd place: Ernest Mehling from J.E.T. Transit
Flatbed Class:
1st place: Scott Bluhm from Con-Way Freight
2nd place: David Schraub from Heritage Transport
3rd place: Mark Serf from Con-Way Freight
Tanker Class:
1st place: J. Scott Stierwalt from Wal*Mart Stores
2nd place: Richard Coffey from Heritage Transport
3rd place: Thomas Crowe from FedEx Ground
Twin Trailer Class:
1st place: Donald Alexander from Con-Way Freight
2nd place: Richard Fiscus from UPS Freight
3rd place: Dan McCain from Con-Way Freight
Highest Score: Steve Bluhm from Con-Way Freight
Rookie of the Year: Jon Marxmann from Con-Way Freight
Team Award: Heritage Transport
Congratulations to all the winners! We’ll be rooting for you as you represent Indiana at the Nationals this year!!
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 recently announced two upcoming events that will take them on the road to talk directly with drivers about the new medical certification process and how it will affect them.
These “road shows”, titled “What’s New in Commercial Driver Medical Certification”, will be held in Indianapolis, IN (July 21) and in Jessup, MD (August 18).
Mary Gunnels, Ph.D., FMCSA director of the Office of Medical Programs, and Dr. Benisse Lester, the agency’s chief medical officer will present the program for truck drivers. Gunnels and Lester will discuss the importance of driver medical examinations, certification, and share the latest news on driver health and safety. Other likely topics will deal with sleep apnea, the National Registry of Certified Medical Examiners, and the issuance of new medical standards.
"Do you have questions or comments for FMCSA? Share what is on your mind at a listening session. This is your chance to tell FMCSA what you think," reads an announcement for the upcoming meetings.
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.
Last week, Driving Ambition, in conjunction with the Tennessee Trucking Association, hosted and sponsored A 3rd CSA 2010 / FMCSA Seminar featuring former FMCSA Administrator John Hill and FMCSA TN Division Administrator Jon Dierberger.
The seminar was held in Nashville, TN at the Airport Marriott. Both Hill and Dierberger spoke to a full house of nearly 100 people about CSA 2010, as well as a handful of other FMCSA initiatives that we can expect to see this year.
Driving Ambition will be hosting and sponsoring a 4th Seminar – again in Indianapolis, IN on July 27th. For more information on this upcoming Seminar, click here.
To view a .pdf of each of the PowerPoint Presentations from the Nashville Seminar, click on the respective links below:
John Hill - PowerPoint Presentation
Jon Dierberger - PowerPoint Presentation
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.
Although the overall economy is still struggling, the opportunities for some specialized careers, like commercial driving, are expanding rapidly. If you are an experienced, qualified CDL driver with a clean background, there is an increasing demand for you in the workplace. There are many job opportunities now that didn’t exist just six months ago.
A few years ago, one of the biggest concerns in the trucking industry was a “driver shortage.” After the economic collapse, this was less of an issue amongst most trucking companies. Now, however, this concern is beginning to rear its ugly head again.
I’d like to ask you, the CDL driver, for your input as to reasons why we are again facing a resurgence of a “driver shortage.”
Please offer your “two cents” by clicking on the comments line below.
The best way to get to the bottom of this “driver shortage” is to get feedback straight from the source. We appreciate your input - all we ask is that you keep all comments professional.
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.