Hours of Service Listening Session: MCSAC Briefing

February 1, 2010

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Background FMCSA held four public listening

sessions to solicit comments and information on potential hours-of-service (HOS) regulations. January 19, Arlington, VA January 22, Dallas, TX January 25, Los Angeles, CA January 28, Davenport, IA

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Questions for Listening Session Participants to Consider

Specifically, the Agency requested comments concerning factors, issues, and data it should be aware of as it prepares to issue an NPRM on HOS requirements for property-carrying CMV drivers. Rest and On-Duty Time Restart to the 60- and 70-hour Rule Sleeper Berth Use Loading and Unloading Time

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Factors and Issues Raised by Participants Flexibility – the current rule does not

provide enough flexibility for drivers to rest when they need to rest.

Rules are structured for long-haul; problem for regional operations.

Rest periods after the start of the 14-hour clock should not be included in the calculation of the 14-hour rule.

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Sleeper Berth Sleeper berth; the need for more than

one option (flexibility); more circadian friendly approach. The rule should allow: 5 and 5 split 6 and 4 split 7 and 3 split

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Sleeper Berth Sleeper berth time should extend the 14-hour

driving window. Truck parking – limitations on the availability

of truck parking makes it difficult to accumulate 8 to 10 hours in the sleeper berth

Anti-idling laws – impact on drivers’ use of air conditioning and heating for the sleeper berth; reduced quality of rest.

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Driver Health Factors and Issues Health Effects

Accumulated fatigue Long work hours

Sleep disorder awareness/screening Carriers and drivers need to be aware of the

effect sleep disorders have on fatigue; obstructive sleep apnea.

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Fatigue Management Programs Include an option for carriers with a fatigue

management program: Allow fatigue management programs as an

alternative to prescriptive HOS regulations. Only allow fatigue management programs

with prescriptive HOS regulations.

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Driving Time Window Eliminate “fixed” driving time window; apply

maximum driving time and minimum off-duty time periods to a 24-hour clock.

Extend the 14-hour clock to include 2-4 hours of rest periods (16-18 hour clock with minimum of 2-4 hours rest period(s)).

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Restart of the Weekly Limits Maintain 34-hour restart; drivers use the restart to

return home; a rest period greater than 34 hours is used when the 60- or 70-hour limit is reached at home.

Harmonize the U.S. restart with Canada’s 36-hour restart.

Construction industry exemption provides 24-hour restart; industry members typically use the 24-hour restart rather than the 34-hour restart

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Documentation of Hours of Service 100 air-mile radius exemption for log books

be changed to increase the time limit from 12 hours to 14 hours for returning to the work reporting location.

EOBRs should be required; universal mandate.

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Applicability of the Rules Elimination of statutory mandates provided

by SAFETEA-LU Expansion of statutory exemption for towing

operations Uniformity between property carriers and

passenger carriers; revise passenger-carrier HOS rules

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Shippers and Receivers Shippers and receivers cause delays in the

loading and unloading of CMVs; loss of time under the 14-hour rule.

Refuse to allow drivers to stay for extended periods or overnight on their property when the driver runs out of time.

Detention pay for drivers is needed to discourage delays.

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Other Concepts, Ideas Need to consider HOS exemption for geothermal

industry, similar to oilfield operations rules. Driving time limit should vary with off-duty

time: 8 hours off-duty, 10 hours driving time; 10 hours off-duty, 11 hours driving time.

Increase weekly limits beyond 60- and 70-hour limits.

2-line duty status; on-duty and off-duty.

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Summary Range of issues and concepts; Full transcripts will be posted to the

rulemaking docket; Agency will also review written comments; No FMCSA judgment about the ideas and

concepts; FMCSA will consider all inputs in developing

the NPRM.