Watch Now


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)

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. Terry McFadden

    Oh hell no. This is insane. Wouldn’t you know the big shippers supporting this are some of the most notoriously slow and inefficient shippers in the business.

    This pilot program is just a way for them to validate and continue their absolutely garbage practices at the expense of the truck driver.

  2. David Heafner

    Every few drivers? Of course many drivers quit driving because of regulation such as this to many rules being made by people that don’t drive, so when it’s comes down to it they (the people that make rules) and the company’s (the one’s that know it’s hard to find driver’s) really don’t care about you or your safety not to minchin your families. They (the company’s) want it because of profitability for them. I run local/city have been for 22+years long day’s not much rest. They’ll (company’s) will hurt themselves for they’ll even lose more CDL qualified drivers. I’m like ready to let my CDL’s go just tired of it. BUT makes you wonder what would happen to the economy and the backbone of these companies if all driver’s STOP, QUIT, EVEN WENT ON STRIKE, nationwide, makes you wonder.

  3. Kathy

    Well I can say this new rule has definitely not made my life easier…. in fact I am very exhausted from no sleep due to the usage of all hours available because of this change!!! I have experienced several 24-30 hour days with no sleep because of it!!! This is very unsafe and needs to be changed!!! Believe me when I say the dispatchers are fully aware of how to utilize it to the companies benefit no matter how many hours of sleep we are actually getting or in this case now, not getting!!

  4. David bell

    I would like the idiot that thinks a driver is going to drive more than 11 hrs a day when the ELD shows a violation after 11 hrs will be able to drive more than 11 hrs. We have 11 hrs to drive 14 hrs of on duty time and have to take 10 hrs off we should be able to use the 14 hrs how ever we need to use it we still have to take 10 hrs off.

  5. Alexander

    This is a horrible idea but the problem for us drivers is the harder we fight them, the more money these greedy billion dollar corporations will dump into research, testing and development of autonomous trucks to replace us ‘whiny’ drivers and it will happen one day whether we believe it, like it or not.

  6. Robert Brown

    Really I have been driving for 38 year , I have seen and heard of some ridiculous things , but I will tell u this is flat out DUM!!! All they are trying to do is run the driver harder for there benefits. Even on the current new rules I have found myself on a 20 hour day , well exciteding the 14 hour limit ,what we need are the old 8 an 10 back it worked thank you

  7. Derek

    Absolute lunacy.

    Drivers hours are already ridiculously high. It’s bad enough some are only home 2 days every 4 weeks and these lunatics want more.

    Why don’t the shippers do more to reduce hours waiting at their bays.

    Just more ridiculous ideas from the office pencil pushing beverage drinkers that don’t have a clue.

    DL.

  8. David Munro

    Another aspect to consider.

    This is all unconstitutional, and profiling of professional drivers. The rest of the motoring public is not held to the same safety standards. Ie. Doctors and lawyers work long hours. Nurses and other medical staff work very long hrs. After 10 yrs in the OR as a surgical technologist. I have seen teams work tirelessly on a patient and go home after 10 plus hours. And when you are the only team available all weekend. It is never just one case. Usually 2 or 3 back to back with no break. This is what it takes to save lives. Where are the safety protocols for them?

    OR the single parent working multiple jobs to make ends meet. Every one has a right to provide. Provide for their families, patients, clients, etc.

    Make all motoring safety rules and regulations for the entire motoring public not just the professional drivers that actually know what they are doing.

    I do not know what the answer is. But i know it is un American to limit my ability to earn my full potential. Everyone else who is not a professional driver is allowed to work as long and as hard as they want to. To be as prosperous as they want to. Then get in a 4000 lbs or more vehicle and drive where ever for as long as they wan to.

    This professional driver drives OTR and has a family to get home to. I drive safely, so i can get home every chance i can. I follow the rules and regulations to keep my ability to earn a living. I drive safely for my family.

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.