Have you heard? The FMCSA is starting a study to see if there may be safer ways than a normal sleeper berth for tired truck drivers looking for a rest. That’s why a program – started prior to the new administration coming into office – will proceed to pilot split sleeper berths.
But what is prompting this new study?
What Made Truck Drivers Unhappy
Ever since the Hours of Service (HOS) rule came into play in 2013, truckers have been none-too-happy with the limited options they have for a good rest. The plain truth is, the one-size-fits-all aspect of the 8-and-2 rule is quite limiting in nature.
Some may argue that it makes truck drivers less safe on the roads because they then should be on the road during daytime hours when highways, roads, bridges and about everywhere else is most congested.
Still, others say that the 8-and-2 rule requires that a truck driver stay on the road and keep running no matter what and run their hours out regardless of how tired they are, which would represent a safety problem no matter how you look at it.
It’s only been since around 2005 that truck drivers, fleets and other industry players have floated the idea of splitting the off-time between two periods. Prior to 2005, truck drivers had the option to split their sleeper berth however worked best for their operating schedule.
This is where the 8-and-2 split came into being. It represented what many within the industry saw as an unnecessary intrusion on a truck driver’s ability to manage her or his time.
All of this should be kept in mind even as the HOS rule itself has gone through a number of different iterations. What truckers have had to go through keeping up with it all certainly is hard to fathom.
Even a major motor carrier weighed in on the potential rule-making years back when the debate first began. Major fleet CRST Expedited – one of the top 20 carriers in North America – filed an exemption request when the rule first came to light.
They wanted to allow their truck drivers to use split sleeper berth time. This was how they would still stay in compliance with federal regulation during on- and off-duty periods.
They even offered concessions in their requests, from reducing on-driving time to 10 hours or equipping exempted truck drivers with speed limiters. They even went as far as to say they would install collision-avoidance systems on all fleet trucks should they be granted the waiver.
Of course, not all fleets are of this size, nor are they able to make such a request under the circumstances provided.
Specifically, CRST was not looking for an exemption by itself, but merely the ability to be flexible in how that 10-hour off time is used.
What is the Split Sleeper Method?
The method used by CRST specifically outlines a situation where the truck drivers in a particular fleet are flexible with their 10-hour off-duty time. But what does this mean?
As CRST puts it, their truck drivers would have the opportunity to “experience more quality rest.” It would also provide for shorter shifts behind the wheel.
Or, what if a truck driver could complete a 10 – 11 hour driving shift with a partner at the ready? When a truck driver is feeling fatigued, having a partner there at the ready could make all the difference in the world, or, shall we say, over the road.
Team truck drivers typically would operate in a 5-and-6 or a 6-and-4 configuration. These questions were on the table back then, but what is set to happen right now? With change on the horizon, many are now asking, what’s up with this new rule?
On the Horizon
No matter who comes or goes in the White House or on Capitol Hill, the names for things will forever themselves be either obvious or obtuse, no matter which party they come from.
This rule, entitled “Hours of Service of Drivers; Pilot Program To Allow Commercial Drivers To Split Sleeper Berth Time” is quite literally within the obvious category.
What this rule shows is that the FMCSA may be considering the possibility that allows a truck driver to split up their off-duty sleeper time to fit their need might not be so bad, after all.
The program – as it is designed – seeks to gather 200 truck drivers together to be a part of the study for a full 90 days. The study itself will look at three different split sleeper options in determining what may be best for the truck drivers themselves.
The options include:
- 5-5 (five hours on, five hours off)
- 6-4 (six hours on, four hours off)
- 7-3 (seven hours on, three hours off)
These hour intervals will be designed to let the trucker split them up however they want to get the right amount of sleep. The only requirement will be that the two segments at least add up to 10 hours.
What this rule will not do is allow a portion of the split to be less than three hours. This is where the options outlined above come into play. There is always a safety element built in, and for good reason. It doesn’t appear as though this study was put together shoddily. The full period by which it will run covers three years, although that isn’t entirely unsurprising considering its initial rollout plan.
What won’t change will be the study’s reliance on upcoming technological shifts within the trucking industry. The study itself will highlight the disruption happening right now in the trucking industry.
- Results of the study will be tracked using:
- Electronic logging devices (ELD)
- Proprietary onboard monitoring systems (OMBS)
- Road-facing and truck driver-facing cameras
- Wrist actigraphy data
- Sleep logs
- Psychomoter data
To see a full list of the requirements – since this is just an abridged one – simply click or tap here.
While the proposed pilot program is currently only in a public comment phase, we all know where it goes from here. Once the public comment period closes, more hearings will be held until a final rule is released. How much of what is in the public comments remains in the rule is up to those who write the rules.
At least now, industry players, whether they be motor carriers, insurance companies, trade organizations or owner-operators themselves will have a chance to comment. As we will mention towards the end of this piece, having a chance to comment is one of the most important things we can have; a voice to add to the discussion.
The FMCSA has also asked that those who do leave comment, answer the following questions when they do so:
- Are any additional safeguards needed to ensure that the pilot program provides a level of safety equivalent to that without the consolidated sleeper berth time exemption?
- Should completion of modules 3 and 8 of the NAFMP be required for study participation (instead of recommended)?
- Are the data collection efforts proposed for carriers and drivers so burdensome as to discourage participation?
- How should data collection efforts differ for team drivers?
Answering these questions should help the agency fine-tune the rule further down the road. It does appear as though seeking input and getting solid answers to these questions will influence the agency’s decision.
It is heartening to see that these are the types of questions those of us who are within the industry should be able to answer. How might we influence the conversation? Or perhaps a better question would be: Are we influencing the conversation?
Why It’s Up to Us
The full pilot program will require truck drivers to submit to have their individual data both mined and tracked. How it will be used is going to be up to the agency. The 60-day commend window is normal, so nothing has changed there.
Are you interested in adding your voice to the debate and leaving a comment for the FMCSA? Simply click or tap here to do so.
If you are a truck driver or owner-operator reading this article, please take the time to open the link above and leave your thoughts and opinions on this topic.
Far too often the big decisions are being made several pay levels above our heads, by people who don’t even have to spend time in the cab, like we do. Yet, through public comment times like these, we get a rare opportunity to speak to the levers of power – those making the decisions that affect us – so why shouldn’t we?
Make sure to click or tap on the link above and leave your thoughts. Also feel free to share and comment on this blog.
Here at the QuickTSI Blog, we are all about starting the hard conversations around these kinds of things, and we want to know what you, our reader, no matter what your position, thinks about what’s happening in the industry we all live and pay our bills working in.