FMCSA Revision of Hours of Service Proposal Delayed
From Idealease Safety Bulletin—June 14, 2019
The Federal Motor Carrier Safety Administration’s proposed rule to revise its driver hours of service regulations remains at the White House Office of Management and Budget for final review and approval. The OMB has submitted a few questions regarding the substance of the proposal, which has delayed publication in the Federal Register. FMCSA Administrator Raymond Martinez has reportedly stated that the agency still intends to publish the proposal in June.
Although the substance of the proposed rule is not public, FMCSA issued an advance notice of proposed rule-making last year seeking input in four areas. 83 Fed. Reg. 42631 (August 23, 2018).
The four specific areas under consideration for revision are:
Expanding the current 100 air-mile “short-haul” exemption for CDL drivers from 12 hours on-duty to 14 hours on-duty, in order to be consistent with the rules for long-haul truck drivers
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 8 hours of continuous driving
Reinstating the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks that are equipped with a sleeper-berth compartment
FMCSA Seeks Information on Driver Detention Times
The Federal Motor Carrier Safety Administration is requesting information on existing or potential sources of data to better understand driver detention times during the loading and unloading of commercial motor vehicles and the potential impact of such delays on roadway safety. 84 Fed. Reg. 26932 (June 10, 2019). A recent study by the U.S. Department of Transportation’s Office of Inspector General found that better data are needed to fully understand the issues associated with driver detention.
Specifically, FMCSA requests the following information:
- Is data currently available that can accurately record loading, unloading, and delay times?
- Is there technology available that could record and delineate prompt loading and unloading times versus the extended delays sometimes experienced by drivers?
- How can delay times be captured and recorded in a systematic, comparable manner?
- Could systematic collection and publication of loading, unloading, and delay times be useful in driver or carrier business decisions and help to reduce loading, unloading, and delay times?
- What should FMCSA use as an estimate of reasonable loading/unloading time?
- How do contract arrangements between carriers and shippers address acceptable wait times? Do these arrangements include penalties for delays attributable to a carrier or shipper?
- What actions by FMCSA, within its current statutory authority, would help to reduce loading, unloading, and delay times?