Federal agencies Hours of service Bus/limo/taxi Trucking Transportation

Group petitions FMCSA to delay final rule amending trucker hours-of-service regulations

green truck

Photo: Grafissimo /iStockphoto

Washington — A coalition of safety advocacy groups, in conjunction with the International Brotherhood of Teamsters, is petitioning the Federal Motor Carrier Safety Administration to reconsider a controversial final rule the agency claims will add flexibility to hours-of-service regulations for commercial truck drivers.

Submitted June 30 and filed by the Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways, Parents Against Tired Truckers, the Truck Safety Coalition, and the Teamsters, the petition requests a stay of the effective date of the final rule – slated for Sept. 29 at press time – until the FMCSA administrator can further review the petition.

Under the rule, announced in a May 14 agency press release and published in the June 1 Federal Register, FMCSA will:

  • Change the short-haul exemption to 150 air miles from 100, and 14 hours on duty from 12, to be consistent for rules with long-haul truck drivers.
  • Extend the current 14-hour on-duty limitation by up to two hours when a truck driver encounters adverse driving conditions.
  • Revise the current mandatory 30-minute break for truck drivers after eight hours of continuous driving.
  • Reinstate the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks equipped with sleeper berth compartments.

The final rule doesn’t include a proposed provision that would have allowed covered commercial motor vehicle operators one rest break of up to three consecutive hours during every 14-hour on-duty period.

The petition cites National Highway Traffic Safety Administration data showing that 4,951 fatalities in incidents involving a large truck occurred in 2018, as well as other research highlighting fatigue-related hazards associated with the profession.

According to preliminary data released in NHTSA’s May 2020 Traffic Safety Facts report, fatalities in incidents involving a large truck are projected to have increased 1% in 2019.

“The final rule is not in the public interest and does not meet the agency’s statutory mission in carrying out its duties to assign and maintain safety as the highest priority,” the groups contend in the petition. “The agency had failed to address the significant risk to public safety posed by fatigued drivers of CMVs at a time when large truck crashes continue to increase.”

Jim Hoffa, Teamsters general president, and Lamont Byrd, director of the Teamsters’ safety and health department, voiced their opposition to the final rule in a May 14 press release.

“In an effort to increase so-called ‘flexibility’ for trucking companies, the FMCSA is abandoning safety and allowing drivers to push themselves to the limit even further,” Hoffa said. “Trucking is already one of the nation’s most dangerous jobs. We shouldn’t be sacrificing the health and safety of drivers just to pad the profits of their big business bosses.”

Sign up for Safety+Health's free monthly email newsletters and get the news that's important to you. Subscribe now

Byrd added: “Extending the workday to 14 hours for CDL-qualified short-haul drivers will result in an increase in occupational injuries and driver fatigue. We are also concerned with the revised rest break provision. This revised rule could allow a driver to spend hours performing physically demanding work and then drive up to eight hours without having to take a break.”

After multiple delays, FMCSA published a proposed rule in the Aug. 22 Federal Register. The initial comment deadline also was delayed before FMCSA on March 2 submitted the proposal to the White House Office of Management and Budget for review.

In a May 14 video posted on the Department of Transportation’s YouTube channel, Secretary of Transportation Elaine Chao said the final rule’s provisions “will help drivers reach their destination safely without feeling like they’ve got to race against the clock to comply with federal mandates. They will also help truckers get the rest they need when they need it. When safety rules make sense, drivers are better able to comply, and that benefits everyone.”

Post a comment to this article

Safety+Health welcomes comments that promote respectful dialogue. Please stay on topic. Comments that contain personal attacks, profanity or abusive language – or those aggressively promoting products or services – will be removed. We reserve the right to determine which comments violate our comment policy. (Anonymous comments are welcome; merely skip the “name” field in the comment box. An email address is required but will not be included with your comment.)

Title

Leonard Sublet
July 16, 2020
Allowing CDL drivers to operate 14 hours in use of Short Haul Exemption - really has no way to monitor or stop driving over the 11 hour rule which the FMCSA said they were holding fast in not allowing more driving time. HOW does that happen. It would have made more sense to ALLOW use of these new regulations on the Short Haul Exemption IF THE CARRIER INSTALLED ELD UNITS to monitor driving time or at the very least a GPS system that tracked equipment movements. OR a cutoff of what FMCSA considers the MAX allowed miles driven in one day in use of Short-Haul Exemption for allowed 11 hours . ON the current Short-Haul exemption that limits to 12 hours --Most local CDL drivers ie; dump truck drivers etc. run out of hours on the 11 hour driving time. Example pre-trip 1/2 hour, lunch 1/2 hour, post, trip 1/2 hour + 11 hours of driving = 12.5 hours --

Title

Steve Cooper
July 23, 2020
It seems to be a common effort by some groups, and yes, including unions, to argue for change after the final ruling as if they were unaware an open comment period had closed. Everyone else, or most everyone else desiring to submit a comment for, or against the rule, had the opportunity to do so. Their comments were evaluated and considered, then a decision was made. My comment is that enough of the tax payers money has been spent on this issue. Accept the results and stop wasting tax payer money responding to your comments, after the rule was finalized, and move on to some issue wherein you can spend your contributions and not as a result cause the unnecessary expense of taxpayers’ money. Enough tax dollars were wasted trying to impeach the President, so please stop trying to force a federal agency to spend more of our hard earned money.

Title

Ken Park
July 24, 2020
I agree with the groups questioning the final rule. Also let's look at the total Risk Factors in the industry, 40 tons traveling at 70 plus miles per hours really & when you are driving long hours the driver is not focused especially as more hours on the highway through their work day! Don't talk about safety, it not there; never has been & probably never will be!