Shippers urge feds to consider 14-hour driving rule change

Coca Cola, Home Depot among companies expecting to see benefits from FMCSA pilot project

Drivers would split their duty time with a rest break of up to 3 hours. (Photo: Jim Allen/FreightWaves)
Gemini Sparkle

Key Takeaways:

  • A coalition of major shippers (SHIP Coalition), including Coca-Cola and Home Depot, is advocating for the FMCSA's "Split Duty Period Pilot Program," which would allow truck drivers to pause their 14-hour driving window for a rest period of 30 minutes to three hours.
  • Proponents argue the pilot program would increase safety and productivity by providing drivers with flexibility to better utilize their workday, such as avoiding congestion or coordinating cargo pickup/drop-off.
  • The National Transportation Safety Board (NTSB) opposes the proposal, warning it could dangerously extend a driver's workday up to 17-19 hours, increasing fatigue and the likelihood of circadian disruption.
  • Concerns also exist that the proposed rest periods might be exploited by carriers and shippers to cover driver detention time rather than providing meaningful rest.
See a mistake? Contact us.

A coalition of shippers that includes Coca-Cola (NYSE: KO), The Home Depot (NYSE: HD) and Procter & Gamble Co. (NYSE: PG) is pushing regulators to roll out a split-duty pilot project to allow drivers to get more productivity out of their workday.

The Safer Hauling and Infrastructure Protection (SHIP) Coalition asserts that the “Split Duty Period Pilot Program” being considered by the Federal Motor Carrier Safety Administration (FMCSA) – which gives drivers the option to pause the 14-hour driving window with a rest period lasting between 30 minutes and three hours – “should increase safety, allowing drivers the necessary flexibility that would benefit the general public and shippers,” SHIP Coalition Executive Director Sean Joyce told FreightWaves.

“This pilot program is a win-win. It is better for safety and allows shippers and drivers opportunities to better utilize the 14-hour period by avoiding times of congestion or more efficiently coordinate the pickup and drop-off of cargo. FMCSA should implement the proposed pilot program so data can be collected.”

The SHIP Coalition, a “joint effort of more than 80 of the nation’s most prominent manufacturers, agribusinesses and trade associations,” pointed out in formal comments submitted to FMCSA that if the pilot program is too short or involves too few drivers, any data collected that supports the split-duty rule change may be regarded as insufficient.

“The case for the split-duty period is a good one and FMCSA should not be swayed by those comments to deny it a chance to operate,” the group stated.

The National Transportation Safety Board (NTSB), the independent federal agency charged by Congress to investigate significant transportation accidents, is one group that has submitted such comments. The agency, which opposed the hours-of-service (HOS) rule changes that went into effect on Sept. 29, also opposes the split-duty proposal, especially when it is considered in combination with the HOS changes that could result in extending a driver’s workday even longer than 17 hours, it stated.

“The proposed split-duty provision will increase the likelihood that drivers may be operating a vehicle up to 17 hours after coming on duty and even longer since awakening,” according to NTSB’s formal comments.

“This is concerning because driving after prolonged time awake has been associated with decrements in driving performance. Assuming the two-hour adverse driving exemption will apply to drivers involved in the proposed pilot study, this also means some drivers may be driving [trucks] on the road up to 19 hours after coming on duty. Further, allowing for a driving window that could extend as long as 17 or 19 hours will increase the likelihood that drivers will experience circadian disruption from not maintaining a 24-hour day.”

Several commenters on the proposal were also concerned that any benefits associated with pausing the 14-hour window could be undermined by carriers and shippers pressuring drivers to use the break to cover detention time.

“Under such a scenario, the agency believes that the off-duty period may not provide a meaningful opportunity for drivers to rest,” the FMCSA acknowledged in the proposal. “The pilot program is designed, among other things, to discover the extent to which ‘detention pauses’ occur and their effect on drivers, compared to pauses taken under other circumstances.”

But David Owen, president of the National Association of Small Trucking Companies, a 13,000-member group whose members average 12 power units, maintained that addressing detention time issues and mistreatment of drivers by shippers should be dealt with in carriers’ contracts.

“And while suspending the 14-hour window in connection with detention at a shipper’s facility may or may not be optimal, to assert a categorical assumption about the rest a driver gets at that time is highly questionable,” he said.

Related articles

Click for more FreightWaves articles by John Gallagher

29 Comments

  1. fernando n

    I think they should look into truck stops like petro ,t/a ,and pilot that have all those reserve parkings. why should we pay for parking when we spend all that money on fueling. I think truck stops should implement free parking with 50 gallons or more free parking like they do with showers.

  2. Hawk

    I have been driving truck for 35 years every time they want to make changes in the regulations it’s to make the shippers more money not us we don’t get paid enough now and they want us to work longer hours while they are at work for 8 hours let them be in a truck for 14 hours or longer

  3. Rodney

    You will have more wrecks and companies pushing drivers past the limit you would have no sleep pattern if you work that long then take 10 hours off how will this work for LTL drivers remember it’s only 24 hours in a day talk about messed up E L . The fact is the company don’t care about the drivers it’s supply chain and shortage of Drivers if they would raise pay they would have drivers start looking at the 24 hour clock and how your work sleep will work Solo and team drivers i think they are only thinking about the money not the drivers

  4. TruckerJon

    I would like to say I would love to shake the hand of the guy who thought of this this is very genius and very brilliant. being able to push productivity and freight on demand is more money in American pockets and more money for the shippers. It is also good for the economy it will push and thrive more to make America great again.

    1. Rodney

      You will have more wrecks and companies pushing drivers past the limit you would have no sleep pattern if you work that long then take 10 hours off how will this work for LTL drivers remember it’s only 24 hours in a day talk about messed up E L . The fact is the company don’t care about the drivers it’s supply chain and shortage of Drivers if they would raise pay they would have drivers start looking at the 24 hour clock and how your work sleep will work Solo and team drivers i think they are only thinking about the money not the drivers

      1. Harold Lindsay

        That’s exactly who supports this change. But it’s the driver who pays when he is sitting in a busted up tractor after falling asleep at the wheel. But nobody thinks of that until after the fact. You might be able to pull it off for a while but eventually it will catch up to you. It’s simple biology. Besides, they’ve tried that split – duty before and here we go again. They don’t make an energy drink strong enough to keep you up that long and if you are using other drugs or stimulants then you are just greedy and will end up getting someone hurt.

  5. Trucker

    They holds you 4-5-6 h at the pick up or delivery, and then kick you out of the property because they dont allow truck there…
    Clean up your back yard first gentlemen.

Comments are closed.

John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.