The Federal Motor Carrier Safety Administration (FMCSA) made changes in the Notice of Proposed Rulemaking that was published on August 14. The proposal has been met with both acceptance and controversy from different groups nationwide. The mission of the FMCSA is to provide greater flexibility for drivers to subject to the Hours-of-Service rules without adversely affecting their safety. Included in the changes is the ability for drivers to split their off-duty time, which will create more flexibility during their travels.
Here are five changes that have been proposed:
A change in the short-haul exception by lengthening the driver’s maximum on duty from 12-14 hours and extending the distance a driver may operate from 100 air miles to 150 air miles.
Modification of adverse driving conditions exception by extending the window of time in which driving is permitted by two hours.
Increase flexibility for their 30-minute break rule by requiring a break after eight hours of driving time, and instead allowing the requirement to be satisfied by an on-duty break from driving instead of requiring an off-duty break.
Changes to the sleeper berth exception to create an allowance for drivers to split their required 10 hours off duty into two periods. One period of at least seven hours in the sleeper berth and the other period of not less than two consecutive hours either off-duty or in the sleeper berth.
One off-duty break of at least 30 minutes, but not more than three hours. This would create a 14-hour driving window for the driver provided that the driver takes 10 consecutive hours off-duty at the end of their work shift.
Not everyone was pleased by the proposal as it was met with backlash around the country. One of the advocacy groups in disagreement is the Advocates for Highway and Auto Safety (AHAS). Based on the schedule outlined above, it averages that a truck driver can work about 77 hours a week, which is almost double the average American. The AHAS writes, “any proposal that increases pressure on truck drivers, opens new opportunities for abuse of the rules, and further endangers truck drivers and all those who share the roads with them should be rejected.” A major dilemma associated with this new proposal is that altering schedules for drivers causes serious fatigue and increases the risk associated with driving long distances.
As an advocate as well as the implementor of the new shift in HOS regulations, the federal government considers this to be a change in the right direction. “This proposed rule seeks to enhance safety by giving America’s commercial drivers more flexibility while maintaining the safety limits on driving time,” said U.S. Transportation Secretay, Elaine L. Chao in a statement issued by the U.S Department of Transportation. It is also estimated to save the U.S. economy and American consumers $274 million because it will better manage one of the largest components of the American national economy. Todd Spencer, president of the Owner-Operator Independent Drivers Association stated, “there may not be a one-size-fits-all solution, but the proposed changes are a positive start since truckers don’t have any control over their schedules or traffic conditions. For too long and too often, they find themselves in unsafe circumstances because of current, overly restrictive rules that decrease highway safety.”
The new flexibility in the truck driver’s workdays is exactly what many groups, such as the Advocated for Highway and Auto Safety, argue will inhibit the drivers. Less restriction and the increased ability to work a flexible schedule that does not require eight hours of continuous sleep can also result in a decrease in highway safety. Breaks are no longer to be required to be taken off-duty, which means the entire workday can be completed without even having a real break. In conjunction with the split duty provision, this could potentially create a larger risk due to the possibility for drivers to pause their duty clock from 30 minutes to three hours, resulting in a workday of 17 hours. For those on the road, it may increase the accident rate of truck drivers. On average, almost 50% of truck drivers reported falling asleep at the wheel at least once this past year.
Although the overall proposal is not totally changing the on- and off-duty time, it is pushing the limit on quality sleep and crash prevention. The FMCSA says, “[FMCSA’s] proposal is crafted to improve safety on the Nation’s roadways.” In retrospect since 2009, truck crash deaths have risen by 41%, and the industry still receives push back to weaken Hours-of-Service rules along with other truck safety regulations. The FMCSA calls these safety rollbacks “flexibility.” The AHAS says this is a guise as it is “nothing more than thinly veiled attempts to force drivers to work even more arduous schedules.”
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