House committee member requests delay in implementation of HOS regulation changes

April 05, 2013 (Press-News.org) For many years, the Federal Motor Carrier Safety Administration has issued hours of service regulations designed to prevent fatigued commercial truck drivers from getting behind the wheel. These rules are not static, however, and in 2010 the FMCSA recently announced changes to the HOS rules, scheduled to go into effect later this year, that require drivers to take more rest and spend less time driving.

While safety advocates applaud the proposed HOS rule changes as a necessary step in increasing highway safety and reducing truck accidents, the changes have been less popular with truck drivers and trucking companies. Recently, key members of the House Committee on Transportation and Infrastructure - including chairman Bill Shuster (R-PA) and ranking member Nick J. Rahall II (D-WV) - have requested that the U.S. Department of Transportation delay the implementation of the new rules pending the resolution of a challenge by the American Trucking Association and other trade groups. The ATA's case is currently pending before a three judge panel in the U.S. Court of Appeals for the District of Columbia, with a decision expected later this summer.

As they currently stand, federal HOS rules require, among other things, that drivers may not spend more than 11 consecutive hours behind the wheel. In addition, drivers must take at least 34 consecutive hours off-duty after spending 60/70 hours on-duty. Under the new rules:
- Drivers may only drive eight consecutive hours at a time before being required to take a break of at least 30 minutes
- After 60/70 hours on-duty, drivers must still spend 34 consecutive hours off-duty before getting back behind the wheel. However, this 34 hour restart may only occur once per week and must include two periods between 1:00am and 5:00am

While these changes may seem simple, critics argue that they will cause a great deal of trouble for truckers and the trucking industry. Truckers argue that the new rules will cut into their working time, causing them, in effect, to take a pay cut. Industry groups such as the ATA argue that the implementation of the rules will require significant spending on hiring new drivers and training law enforcement officials on the boundaries of the new rules.

Broadly speaking, none of the parties involved in the current dispute disagree that HOS rules have helped to make U.S. highways safer. Everyone, including truckers and trucking companies, recognizes that driver fatigue presents a serious risk. Only time will tell whether the FMCSA's efforts to revise these rules will be successful.

Article provided by John K. Zaid & Associates, PLLC
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