( File photo )

(UPDATED Aug. 22) After months of complaints from industry tying new electronic logging device regulations for truckers on increased costs and shipping delays, the Trump administration is considering changes to its hours of service regulations.

“The introduction of electronic logging devices and their ability to accurately record compliance with hours-of-service (HOS) regulations for drivers of commercial motor vehicles have prompted numerous requests from Congress and the public for (Federal Motor Carrier Safety Administration) to consider revising certain HOS provisions,” the agency said in the notice.

Enforcement of the electronic logging device mandate for truckers began April 1.

On Aug. 21, the FMCSA issued an Advance Notice of Proposed Rulemaking seeking public comment on four specific aspects of hours of service rules that the agency is considering changes:

  • The short-haul hours of service limit;
  • The hours of service exception for adverse driving conditions;
  • The 30-minute rest break provision; and
  • The split-sleeper berth rule to allow drivers to split their required time in the sleeper berth.

In addition to the four areas where the industry is seeking changes, the agency said it seeks public comment on petitions for rulemaking from the Owner-Operator Independent Drivers Association (OOIDA) and TruckerNation.org.

The notice said OOIDA petitioned the agency to amend the hours of service rules to allow drivers to take a rest break once per 14-hour duty period for up to three consecutive hours if the driver is off-duty. OOIDA’s petition also requests that the agency eliminate the 30-minute rest break requirement which the agency had identified as an area of consideration for rulemaking.

“OOIDA got this ball rolling with our petition, constant grassroots outreach from our members, and the relentless efforts of Congressman Brian Babin,” OOIDA president Todd Spencer said in a news release. “Our members have continuously told federal officials that current regulations are overly complex, provide no flexibility, and in no way reflect the physical capabilities or limitations of individual drivers.”

Norita Taylor, director of public relations for the OOIDA said the 30-minute break requirement was not needed.

“We’re asking to get rid of the 30 minute break requirement because we have a lot of members that tell us that they spend more time looking for a place to park in order to comply with that requirement then they actually do filling that requirement,” she said Aug. 22

Seth Konkle, general manager of the Scotlynn USA Division of the Scotlynn Group, Indianapolis, Ind., said Aug. 22 he admired the fight OOIDA has brought to the issue.

“There needs to be a certain degree of flexibility in HOS rules for the mandate to accomplish what it set out to do, which is make the roads safer,” he said.

“Drivers deserve the opportunity to make it to a safe pullover area to take a break,” he said, adding that eliminating the 30-minute rest break requirement is a great place to start.

OOIDA said in the release that its members have expressed their concerns about regulations that “force them to be on the road when they are tired, during busy travel times and in adverse weather or road conditions.”

The group said drivers’ schedules are also at the mercy of shippers and receivers, in addition to other obstacles that create a conflict between operating both safely and in compliance with federal regulations.

According to the group, OOIDA’s petition wants drivers be allowed to take rest breaks once per 14-hour period for up to three consecutive hours as long as the driver is off-duty. OOIDA also suggested eliminating the 30-minute break requirement.

“The hours-of-service regulations for commercial truck drivers need to be updated to match the realities of freight movement and to truly improve highway safety,” Spencer said in the release. OOIDA also expressed support for proposed legislation that came soon after the group’s petition in February. Called “The Responsible and Effective Standards for Truckers,” (H.R.5417), also would allow drivers to take one rest break per shift, for up to three consecutive hours.

The single off-duty period would not be counted toward the driver’s 14-hour, on-duty allowance, according to the release. The legislation would not extend the total, allowable drive time limits and also seeks to eliminate the existing 30-minute rest break requirement.

Joe Carlon, president of Salinas, Calif.-based truck broker Joe Carlon & Associates Inc., said he hasn’t seen what the federal rulemaking will cover, but he said dealing with the issue of waiting times by truckers at shippers and receivers is essential.

“They need to think about situations where we’re bouncing around the same dock for hours on end,” he said. “We might spend the full 10-hour shift at one dock,” he said. Once the truck moves from the truck stop to the dock, the current rules start the clock on the driver, Carlon said.

The 150-mile exemption for agricultural loads isn’t understood or accepted, and enforcement of the electronic logging device mandate is inconsistent, he said.

A 500-mile trip with a straight load of produce doesn’t create problems with hours of service regulations, but a 3,200-mile trip with six pickups and a set delivery date is trouble, he said.

Spencer said the Federal Motor Carrier Safety Administration needs strong input from “real truckers” so the next hours of service regulation “is not written by corporate trucking executives and anti-trucking groups that have no understanding of the realities of over-the-road trucking.”

TruckerNation petitioned the agency to revise the prohibition against driving after the 14th hour of the beginning of the work shift, allow drivers to use multiple off-duty periods of three hours or longer in lieu of having 10 consecutive hours off-duty, and eliminate the 30-minute rest break requirement.

Comments are due by Sept. 23, the agency said.

The Federal Motor Carrier Safety Administration will have several public listening sessions concerning the potential changes to its hours-of-service rules for truck drivers.

The first in what the agency said will be a series of public events will be Aug. 24 in Dallas, at the Kay Bailey Hutchison Convention Center, the agency said.


 

 
Comments
Submitted by AUDIOMIND on Wed, 08/22/2018 - 11:00

Yet another example of government regulations causing far more harm than good to individuals, businesses and the economy.

Submitted by Jim Getten on Wed, 08/22/2018 - 16:14

As usual the Feds overreacted and made a mess (CSA 2010) now they are back peddling to fix it. Amazing stupidity.

Submitted by William H Fulford, Jr on Wed, 08/22/2018 - 17:19

A truck was stopped 2 miles from his destination and shut down and could not deliver.

Submitted by Steve on Sat, 10/13/2018 - 20:43

This happens a lot also Walmart forcing truck to leave with no hors is causing truck drivers to quit in large numbers. All customers need to provide parking for 10 hour resets or pay$50.00 per delivery to the local government to set up a parking area within one mile of their warehouse.

In reply to by William H Fulf… (not verified)

Submitted by Arthur Desmond on Thu, 03/21/2019 - 16:16

I agree I too am a truck driver and I retired from the army and trying to make a honest living for me and my family however this hos service is hurting me badly financially so is the customers not allowing us to stay on their property for reset i feel drivers should get 50 to 100 dollars for this to supplement their pay in which should be charged to the customers we are away from home for a long periods of time so it is not fair that the government still penalizes us for trying just remember how they got their clothes and food and parts for their cars and most importantly where and how they got their toilets paper

In reply to by Steve (not verified)

Submitted by Kevin on Tue, 04/09/2019 - 16:29

Well, if the driver is unfit to drive that is one thing, but every driver is allotted time to find a safe haven after a receiver or shipper holds them up. I personally use the safe haven rule every now and then and I feel that as long as the driver is "OK" to drive under his/her own standards, they should be allowed to head to the nearest truck stop that has available parking.

Parking is scarce, but the receiver kicking a driver out isn't grounds for an HoS violation regardless of the driver's point of view. Driving while tired is dangerous though the HoS rule isn't something drivers may pin on the receiver since there is a provision about such a situation.

In reply to by Steve (not verified)

Submitted by Steve on Sat, 10/13/2018 - 20:43

This happens a lot also Walmart forcing truck to leave with no hors is causing truck drivers to quit in large numbers. All customers need to provide parking for 10 hour resets or pay$50.00 per delivery to the local government to set up a parking area within one mile of their warehouse.

In reply to by William H Fulf… (not verified)

Submitted by Macman on Thu, 08/23/2018 - 11:34

11 hour drive time in 24 hour day. Shouldn’t be that hard!!!!. If every trucker scream this at the law makers they might consider it ! Good luck we need the same message!

Submitted by marcus on Mon, 11/05/2018 - 18:08

It should be 10 hour driving and 12 hours on duty no driving.

In reply to by Macman (not verified)

Submitted by Big d on Thu, 08/23/2018 - 12:27

Less DOT harassment would be more effective.

Submitted by Paul on Thu, 08/23/2018 - 12:48

We should be able to drive 16 -18 hrs in a 24 hour period no point being out here if not making money

Submitted by Anonymous on Thu, 08/23/2018 - 16:52

17

Submitted by Tesfay on Thu, 08/23/2018 - 18:04

The American Gov is covered by the selfish corprations thats why they dont care about the enocent DRIVERS, already rich and they know how to get the bloody money, ELD is never change safety but will change incomes poor driver and kill american econemy. If the driver is stressing by ELD for sure accident will increase , no budy sleep 10 hours,,,, shame full that they think any one can sleep 10 hrss . They will make it America great again by putting 10hrs sleeping drivers . Come on guys dont be selfish 6hrs to 8 hrs make sense .. at the end of the day the good thing every budy pass from this world with 0 money,

Submitted by Mark Lauman on Fri, 08/31/2018 - 10:18

Legislators should use electronic logging devices and get fined if they don't take breaks or work more than 8 hours.
Legislators who don't have a clue pose a much greater danger to our nation than a truck driver who did not take his lunch at the right time !!!

Submitted by Bryan on Wed, 09/19/2018 - 00:58

ELD is ok, 11 hours drive, 10 hours off or SB is ok since ELD is can not be cheated. But not the Government or any of us can control or regulate all those shippers or receivers, the 14 hours needs to go. Everybody wins.

Submitted by Josh on Tue, 10/16/2018 - 06:12

So let me get this straight.... I work 64.5 hours last week. I have 5.5 remaining.... my first appt is 5am Monday my next is 1am Tuesday I’m 6.5 hours away. I slept GREAT last night and they unloaded me in 40 minutes. I’m well rested and now I have to stop after 5 hours and wait till midnight to make my appt. so I won’t be tired until at least 8 or 9pm so the government says though that I will be rested because the ELD states I’ve been off for 9 hours? The whole thing is a joke!

Submitted by Mark on Wed, 11/14/2018 - 22:03

Tell you what government how about all us truckers stop driving today for 2 weeks then take a look at all the people who will be in panic when they cant get any food then lets add another 2 weeks and then see people actually suffer because nobody lives off the grid and people would literally be eating grass and then all us truck drivers could literally call the shots and become the government and then do what the hell we want

Submitted by Anonymous on Thu, 03/21/2019 - 16:18

Amen brother I'm a retired vet driving to make a honest living to go with my retirement and still can't get by for me and my family

In reply to by Mark (not verified)

Submitted by Mark on Wed, 11/14/2018 - 22:06

30 min rest break is a joke americans should have same hours of service as canada or better yet get rid of them all together

Submitted by John Borghardt on Sat, 12/01/2018 - 21:18

We should be able to drive 13 and half hours a day 10 hours off in a 14 hour day this 11 hours in a 14 hour day is B.S and when we get to a delivery and pickup we should be able to stop the clock so we don't lose time.

Submitted by Bill on Thu, 12/13/2018 - 18:54

Just put it at 11/10 like the 10/8 rule use to be and leave us alone look at the years this worked with no problem then you wanted to change it and no one can decide. We’re the drivers just let us move the country as always and if you that makes up these rules for drivers and you don’t like trucks just stay out of the stores problem solved.

Submitted by Crater on Thu, 02/21/2019 - 22:23

HOS NEED TO BE UPDATED. SLEEPING TIME MAY VARY DEPENDING ON HOW TIRED DRIVER WOULD FEEL. ELD SHOULD NOT BE MANDARORY FOR OWNERS OPERATORS WHO OWN 1 TRUCK .

Submitted by SMOKE on Mon, 03/11/2019 - 10:29

THEY NEED TO CHANGE HOS FOR INTERSTATE TO INTRESTATE HOS . DRIVE 12 HOURS, 8 HOURS BREAK. THIS WOULD SOLVE EVERY DRIVER NIGHTMARE. IF YOU'RE AT A PICK UP OR DELIVERY FOR 4 HOURS YOUR CLOCK MOVES BACK 4 HOURS ALLOWING A DRIVER NOT TO LOOSE HOURS. AND ONCE YOU REACHED YOUR 12TH HOUR YOU ONLY NEED TO TAKE A 4 HOUR BREAK TO FULFILL YOUR 8 HOUR BREAK. WE'RE OUT HERE TO MAKE MONEY AND I DON'T THINK DRIVER'S NEED TO BREAK FOR 10 HOURS WHEN YOU'RE TRYING TO MAKE MONEY AND GET HOME TO OUR FAMILY.

Submitted by DAVID on Fri, 03/15/2019 - 12:13

The 30 min break should be exempt from team drivers, especially with eld coming around. Every one knows in the middle of the night your not going to find a place to park to take a break. As I'm a team driver hauling doubles makes it worse. We cannot just back up into a spot even if you got lucky and found one. Going to be more people quitting the industry because of this

Submitted by B on Sat, 03/23/2019 - 17:30

Or shit if you want to keep this law then mandate shippers to put in truck parking yes Walmart is famous for making a driver leave when is no time but they want loads in tight schedule but then don’t care about the public safety but yes there should be several ways a 14 hour clock can be suspended im all for the get rid of the 30 minute break in favor of having a minimum of 10 hours off in a given 24 hour period and being able to suspend the 14 hr rule for anything over 2 hours spent off duty cuse when my loads are not ready I usually will take a nap

In reply to by DAVID (not verified)

Submitted by B on Sat, 03/23/2019 - 17:10

I think the law is garbage cuse many of times I have Ben caught at a shipper or reciver mainly shippers saying my pre loaded trailer was ready I start my clock at the rest stop drive there to find it’s not ready so I end up waiting to where my 14 hour clock was done and then the shipper calls me and says sorry it’s finely ready and I’m like I have to wait a few more hours so I can get time added to my clock they then proceed to tell me that reguadless I’m not permitted to spend a few more hours at their facility that I need to take the load and go or just go without it

Submitted by LIBAN on Sun, 03/24/2019 - 08:48

i agree with u on customers providing parking, espcially when i drove all night to make my appt. in the morning. further more it takes them anywhere from 1hr to 6hrs to unload, first of all im not personally unloading, so i usually go to sleep during delivery, mind u i had only 1hr left on my driving hrs upon arrival. then have the nerve to ask me to leave their property after getting empty, my 14 ran out on the dock while i was asleep. since i still needed a full 10hr i refused to leave. now i do understand there are alot of piss bottles all around n some us drivers are just nasty n make us all look bad. we are talking about safety here so give us a break please. kudos to all the companies that provide parking GOD bless u.