FMCSA Delays Release of new Driver Hours-of-Service Rule
The FMCSA announced that it will not meet its initial goal of publishing a new Hours-Of-Service (HOS) rule by the July 26 deadline set by a federal judge in October 2009. The July 26 date was set when a suit against the FMCSA was settled. [For more background on the settlement that led to a new proposed HOS rule, please visit A Change to Drivers Hours of Service.]
The FMCSA has now indicated that the new HOS rules will be released on or before October 28.
The primary reason for the delay is because of the recent addition of four driver fatigue studies to the docket, which required a reopening of the comment period. The content of these studies has led to considerable debate regarding their relevance in supporting a change to the current HOS. [For more information on the recently added driver fatigue studies, please visit FMCSA Reopens Comment Period for New HOS Rule.]
The proposed HOS changes include a possible reduction of one driving hour (from the current 11 hours to 10 hours), a required 30-minute break after a maximum of 7 hours, and a modification to the 34-hour reset provision requiring that it includes two rest periods between midnight and 6 a.m. [For more information on the proposed HOS rule, please visit FMCSA Publishes New Hours of Service Proposed Rule.]
This has become the most contentious issue to face the trucking industry in recent years. If these proposals become law, many industry stakeholders contend that they collectively will reduce the amount of time carriers have to move freight, hinder available trucking capacity, further exacerbate the driver shortage, and promote inflationary pressures on the economy.
In support of the existing HOS rules, the American Trucking Association (ATA) President & CEO Bill Graves stated, “The facts couldn’t be more clear: Since the current rule went into effect, while driving more miles, trucks have been involved in far fewer crashes and no amount of misapplied research can refute that fact. FMCSA should abandon its ill-advised proposal and turn its focus to improving enforcement of the current, effective Hours of Service rule.” He went on to add that any changes to the rule “must be made based on sound science and hard evidence, not political motivations.”
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