Changes to federal hours of service regulations may be delayed

April 03, 2013

Changes to federal hours of service regulations may be delayed

In 2010, the Federal Motor Carrier Safety Administration began the process of amending its hours of service regulations - rules that govern the amount of time that commercial truck drivers working in interstate commerce can remain on-duty and behind the wheel of a truck before rest is necessary. The proposed changes to the HOS regulations, set to go into effect later this summer, are intended to make drivers take more breaks and spend less time driving without interruption. While some see these changes as necessary to ensuring safety on highways throughout the U.S., others - including truck drivers and trucking industry groups - are skeptical of the new rules.

Recently, congressional transportation leaders joined trucking industry groups such as the American Trucking Association in calling on the Department of Transportation to delay the implementation of the new HOS rules. Leaders cited a legal challenge to the rules by the ATA that is currently pending before the U.S. Court of Appeals for the District of Columbia Circuit. The concern is that local law enforcement will incur significant expense in training on the new rules, even though there is a chance that they will be struck down. The FMCSA has not made a decision whether to delay the implementation of the rules, but it has turned down similar requests by the ATA previously.

Why hours of service rules matter

Chances are, unless you have worked as a commercial truck driver, you are unfamiliar with what HOS regulations are or what role they play in keeping highways safe. The core purpose of HOS rules is to eliminate as much as possible the threat of truck driver fatigue. Studies by the FMCSA and other agencies show that a truck driver's chances of being involved in an accident increase considerably the longer he remains behind the wheel without a break. Commercial trucks are, of course, heavy, difficult to stop and difficult to maneuver, so a fatigued driver can pose a serious threat to those in passenger vehicles.

The key provisions of the HOS rules allow truck drivers to remain behind the wheel for only a set amount of hours and mandate rest after time on-duty. The proposed FMCSA changes would strengthen these rules and truck drivers are concerned because they believe it will negatively impact the amount of time they are able to work and be paid. Truck companies, too, are concerned that the new rules will require them to hire new drivers and pay more out of pocket to meet demand. Only time will tell how the current controversy will be resolved, but it is an important debate for those concerned about highway safety.

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