Hours of Service Rule Changes
January 11th, 2012
On December 22, 2011, the FMCSA publicly announced the final changes to the Hours of Service rule. These changes have been coming on for a while, and now that they are published the FMCSA is discovering that they are causing quite a stir in the trucking industry. Some associations, such as the American Trucking Association (ATA), are even going so far as to call the changes unreasonable and unnecessary. In fact, the ATA claims that the new rule completely disregards data that proves the old rule was successful.
“For the first time in the agency’s history,” ATA President and CEO Bill Graves said. “FMCSA has chosen to circumvent a stream of positive safety data and cave in to a vocal anti-truck minority and issue a rule that will have no positive impact on safety. From the beginning of this process in October 2009, the agency set itself on a course to fix a rule that’s not only not broken, but by all objective accounts is working to improve highway safety. Unfortunately, along the way, FMCSA twisted data and, as part of this final rule, is using unjustified causal estimates to justify unnecessary changes.”
Since the possibility of changing the HOS rule came about the ATA has been outspoken against it,continually making the claim that that there is no reason to fix what isn’t broken.Joining the ATA in their views is ToddSpencer, executive VP for the Owner-OperatorIndependent Drivers Association (OOIDA). “The changes are unnecessary andunwelcome and will result in no significant safety gains.” Spencer claimed.
There are many changes that make the new rule “unnecessary and unwelcome.” One of the more significant changes, causing most of the controversy, is the “restart rule.” This rule states that “rest periods must include two consecutive nighttime periods (from 1a.m. to 5 a.m.), and must be at least 34 consecutive hours long.”
Many claim this change alone will cause potentially hazardous congestion on the highways and increase the risk of truck-involved crashes.“The largest percentage of truck-involved crashes occurs between 6a.m. and noon,” Bill Graves of the ATA claimed. “This change not only effectively destroys the provision of the current rule most cited by professional drivers as beneficial, but it will put more trucks on the road during the statistically riskiest time of the day.”
The changes to the HOS rule are scheduled to take effect on July 1, 2013. Until then, it is expected that the changes will be greatly scrutinized, as many in the trucking industry will do what they can to better the rule. Some associations are already planning on taking legal actions against the FMCSA.
“If there is a positive in this rule, it is the lengthy period of time before it becomes effective,” Bill Graves said concerning the 18-monthdelay. “This will give ATA time to consider legal options.”
For a complete look at the changes to the HOS rule, visit http://www.fmcsa.dot.gov/rules-regulations/topics/hos-final/hos-final-rule.aspx.
To hear more about the ATA and their opinions and actions on the changes, visit http://www.truckline.com/pages/article.aspx?id=972%2F8e1c7279-ed27-4c03-b189-ceeee26bbb12
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