FMCSA looking to revise HOS regulations

Public input welcomed as proposed changes to hours-of-service rules are under review.    The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration said Tuesday it is seeking public comment on proposed revisions of four areas of current hours-of-service regulations.
   The advance notice of proposed rulemaking, which will be posted in the Federal Register, is in response to widespread concerns regarding HOS and seeks feedback from the public to determine if revisions may alleviate unnecessary burdens placed on drivers, the FMCSA explained. Comments on the ANPR will be accepted on or before Sept. 24.
   The four areas under consideration for revision include:
     • Expanding the current 100 air-mile short-haul exemption from 12 hours on duty to 14 hours on duty;
     • Extending the current 14-hour on-duty limitation by up to two hours when a truck driver encounters adverse driving conditions;
     • Revising the current mandatory 30-minute break for truck drivers after eight hours of continuous driving;
     • And reinstating the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks that have a sleeper-berth compartment.
   Public comment and relevant data also will be accepted on two recently submitted petitions requesting regulatory relief from HOS rules, including one submitted by the Owner-Operators Independent Drivers Association (OOIDA) in February and one submitted by TruckerNation.org in May.
   The OOIDA petition recommended that 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. It also suggested eliminating the 30-minute break requirement.
   The TruckerNation.org petition suggested that drivers subject to HOS regulations be allowed to split the 10-hour off-duty break as many times as necessary at the driver’s discretion and with a minimum of three consecutive hours for any break time, to equal 10 hours of break time, as long as the time is accurately logged as off-duty. Any three consecutive hour off-duty breaks that are taken would be subtracted from the driver’s mandatory 10-hour off-duty break required each day, and because of this built in flexibility being requested, TruckerNation.org is also suggested that FMCSA eliminate the currently required 30-minute break.
   Commenting on the proposed changes FMCSA revealed today, OOIDA President Todd Spencer said, “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. The trucking industry is in a situation where we have never had more regulations and greater enforcement and compliance. Yet, truck-related crash numbers are going in the wrong direction. It’s time for a new approach.”
   “These proposed changes add some common sense into hours-of-service rules for truck drivers,” U.S. Sen. John Thune, R-S.D., said today. “Under the proposal, when a truck isn’t operating and a driver sleeps in a berth, that counts as ‘resting’ – that isn’t always the case now. It would also eliminate complicated rules that effectively attempt to regulate incremental stops for restroom breaks and leg stretching. One size fits all regulations don’t always make much sense and changing them will bring us a step closer to letting truckers safely and efficiently comply with all requirements.”