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More federal action on worker fatigue

December 29, 2011 by Fred Hosier
Posted in: fatigue, In this week's e-newsletter, Latest News & Views, Transportation safety


Following closely on the heals of new rest rules for commercial pilots, the Federal Motor Carrier Safety Administration (FMCSA) set new hours-of-service (HOS) requirements for commercial truck drivers. Some groups aren’t happy about the new rules.

Here are the highlights of the new HOS rules:

  • The maximum number of hours a truck driver can work within a week are reduced by 12 hours from 82 to 70.
  • Truck drivers can’t drive after working 8 hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they want during the 8-hour window.
  • The current 11-hour daily driving limit stays the same.
  • Each week, drivers must take at least two nights’ rest which include the hours from 1:00 a.m. to 5:00 a.m.
  • Drivers can restart their weekly clock after a t least 34 consecutive hours off-duty.

Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense. Drivers could face civil penalties of up to $2,750 for each offense.

The rules take effect July 1, 2013. Some of the new requirements were relaxed compared to those that were proposed after comments from trucking companies.

The Owner-Operator Independent Drivers Association (OOIDA), which represents small-business and professional truckers, says the one-size-fits-all policy won’t improve safety.

The OOIDA calls for more flexibility in the regulations. “Compliance with any regulation is already a challenge because everyone else in the supply chain is free to waste the driver’s time loading or unloading with no accountability,” said OOIDA Executive VP Todd Spencer. He predicts the new rules will have a “dramatic effect on the lives and livelihoods of small business truckers.”

On the other hand, the Truck Safety Coalition (TSC) called the unchanged daily limit “dangerous.” A statement released by the organization said the new rules wouldn’t come close to addressing the problem of fatigue among truck drivers. The TSC said 70 hours per week is still too many for truckers to work.

The revised policy was needed because of a lawsuit brought by TSC, Public Citizen and other groups against relaxed HOS rules placed in effect during the Bush administration in 2003. The lawsuit was settled in 2009 with a promise to revisit the rules.

What do you think about the new rules? Let us know in the comments box below.

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  • John Owens

    Restart is too restrictive. The majority of LTL carriers pickup their shipments during the day, cross the dock combining shipments in the evening and the schedules run in the late night and early morning hours to destination to be separated into city runs and delivered in the a.m. to the consignees. Instead one could have a time period for the company or class of driver, whether local or over the road. Over the road truckload carriers do a lot of the driving at night and early morning to affect delivery in the morning hours for the consignees benefit as well. If the rest period is actually observed on long hauls trucks it will probably be taken near the midpoint of the dispatch between points A and B, so it should fit without great difficulty, whether it will be taken or just “logged” is another question. With or without OBR, monitoring may be difficult at best.


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