Have you heard? New hours of service rules will offer truck drivers a lot more flexibility in how they manage their workday. That’s right, on May 14, the FMCSA published a long-awaited final rule updating the hours of service rules for truck drivers. Trucking companies, truck drivers, and industry advocates all applaud the move.
The agency has been working on a change for over two years now. While the hours of service rule has been around since 1937, the last major update was not until 2018, when the FMCSA authored an advanced notice of proposed rulemaking to receive public comment on hours of service. They wanted to know how the rule places unnecessary burdens on truck drivers. Eventually, the thought was that there would be changes made.
The Final Decision
And as was expected, changes are coming down the pipe. In the end, the FMCSA received over 8,000 comments regarding hours of service. They also held public listening sessions all over the United States. The goal was to get as much feedback as possible so that the expected changes would be relevant.
The fact that the agency received so many responses underscores the desire across the industry for change. Although his will undoubtedly wind up in a battle between safety and flexibility, which we will get into later, for now we need to digest these reforms.
With the Secretary of Transportation and others calling American truck drivers heroes over their tireless work keeping the nation’s supply chain up-and-running through this tough period. Indeed, they are, so a big change of this kind to hours of service is exactly what they are looking for. Let us look at what the key revision changes are:
- 30-Minute Break Rule: Typically, this rule requires a break after no more than eight hours of consecutive driving. With the change, it can now be satisfied using the on-duty/not driving status, rather than the specific off-duty status. This will ensure that the times a truck driver is stuck, such as in bad weather, they can satisfy the 30-minute break rule.
- Sleeper Berth Rule: The new sleeper berth rule allows truck drivers to split their required 10 hours of off-duty time into two periods: an 8/2 split or a 7/3 split. Whichever the truck driver chooses, neither will count against the truck driver’s 14-hour driving window. It should be noted that the sleeper berth did not extend an even split. The FMCSA says that decision was based on internal research.
- Adverse Driving Conditions Exception: Now, the adverse driving conditions exception has been extended by two hours to the maximum drive time window. While the current rule allowed for the two extra hours, they had to be counted within the normal 14-hour workday. This adjustment allows for the workday to be extended to as much as 16 hours, as needed. This can only be counted on in times of extreme weather or bad road congestion.
- Short-Haul Exception: The FMCSA has also changed the short-haul exception. This exception allows certain CMV operators to lengthen their maximum on-duty time from 12 hours to 14 hours. It also extends the distance limit from 100 air miles to 150 air miles. It is important to note that this rule change does not explicitly increase actual driving time. Truck drivers cannot drive more than eight hours without taking a 30-minute break.
Not Everything Makes It
Still, not every proposed change made it into the final rule. One change that was proposed last year that did not make it to the final revision was allowing an off-duty break of at least 30 minutes, but no more than 3 hours. This would essentially pause the 14-hour on-duty window, but the truck driver would have to take 10 consecutive hours off-duty at the end of his or her shift. But what would be the purpose?
Essentially, this proposal would allow a truck driver to take up to a three-hour break time to wait out rush hour. The key here is that this time would not impact their on-duty time. The agency states they did not worry about this because the modified sleeper berth provision addresses it and still allows for a measure of flexibility. A truck driver could use the sleeper berth provision time for the same purpose.
The agency also tried to address truck driver concerns that motor carriers might feel like they need to pressure drivers, shippers, or receivers to use the break to cover detention time without planning for how or when the truck driver would receive adequate rest. Still, despite these concerns, the industry has largely come out in favor of this rule change.
American Trucking Associations Chairman Randy Guillot came out with a statement saying “No rule will satisfy everyone, even within our industry, but this one – crafted with a tremendous amount of input and data – is a good example of how by working with stakeholders on all sides, government can craft a rule that simultaneously benefits the industry, specifically drivers, and maintains highway safety. The agency should be commended for their efforts and we appreciate their willingness to listen throughout this process.”
It is expected that the new hours of service rule will have an implementation date of September 14, 2020. Yet, don’t expect that to be the final implementation date. Why? Because the hours of service rule has a pretty contentious history. It is quite likely that safety advocacy groups will challenge the final rule in court. Depending on how the courts rule, you could see the rule delayed for who knows how long.
The Other Side of the Argument
So, what is it that the safety advocacy groups are worried about? Well, just ask the Teamsters Union, who put out a press release taking issue with the rule.
Their press release included a statement saying “the changes will further exacerbate the already well-known threat of fatigue among commercial motor vehicle drivers by significantly weakening current HOS and electronic logging device rules. The National Transportation Safety Board has repeatedly cited fatigue as a major contributor to truck crashes and has included reducing fatigue-related crashes in every edition of its Most Wanted List of safety changes since 2016.”
The Teamsters went on to state that while these changes are called reforms, they really are changes many big industry interests have fought for. The example they use are local delivery and refuse truck drivers, who are represented by the Teamsters Union. The short haul exemption would essentially open the door for truck drivers working a 14-hour workday without a break.
The Truck Safety Coalition and Advocates for Highway and Auto Safety came out with a statement offering that when changes are made in the name of “flexibility,” what this really means is that safety is often compromised in the interest of said flexibility.
Still, these changes are supported by many truck drivers. With big industry advocates and truck drivers on one side and safety organizations on the other, don’t expect this issue to fade quietly int the sunset. One possible unknown is the federal government. The current political environment emphasizes less regulation, so don’t expect the pendulum to seeing to far back the other way any time soon.
Read more about the final hours of service rule at the FMCSA’s website.