New Rules Aimed to Reduce Truck Drive Fatigue Called Into Question
ď śAfter years of researching fatigue-related accidents, the Federal Motor Carrier Safety Administration (FMCSA) announced they would be making the first changes to truck driving schedule regulations in almost a decade. These new regulations first came into effect on July 1, 2013 with trucking companies given 18 months to comply. There were three core changes:
ď ś-The total hours that can be driven per week has been reduced from 82 hours to 70 hours. Drivers are still be allowed a 14 hour work day with a total of 11 hours of driving per shift. ď ś- The limit is reset if the driver gets 34 consecutive rest hours including two 1-5 a.m. periods, the time of day when the body feels most sleepy. This reset can only happen once per week.
- The driver must take a 30 minute break during the first 8 hours of a shift The FMCSA estimates these new regulations will prevent around 1,400 crashes, 560 injuries and 19 deaths each year, saving around $280 million in property damage and $470 million in lower driver health costs. http://www.sslegalfirm.com/blog/caraccident/new-rules-aimed-reduce-truckdrive-fatigue-called-question
ď śCalling the Rules Into Question A survey by the Owner Operator Independent Drivers Association (OOIDA) shows that drivers feel they are experiencing more fatigue and are getting less time to spend at home, mostly due to reduced scheduling flexibility created by the shortened hours and 1-5 a.m. rest periods.
ď śThe American Transport Associations argues that the requirement is particularly hard on night drivers because the mandated timing keeps them from having a consistent sleep schedule. ď śAn American Transportation Research Institute study showed that the reduced hours would cost trucking companies $376 million annually and drivers $1.6 billion in lost pay.
Organizations including the ATA appealed the rules decision, but the federal district court found in favor of the FMCSA on all the new requirements except the 30 minute break period when applied to local carriers.
Congress Steps In The House of Representative’s small business subcommittee held a meeting to discuss the new policy. Central to the argument against the rule change was the lack of field testing required under MAP-21 highway funding regulations: Although a study was conducted, it wasn’t ready to be released by the time the rules were enacted.
ď śFMCSA Administrator Anne Ferro addressed the committee, stating that the new changes had more research and more involvement with the trucking industry than any previous regulations, while congress’ inaction on low minimum pay and long hours waiting for trucks to be loaded and unloaded were causing far more problems for drivers.
ď śMeanwhile, Rep. Richard Hanna (R-New York,) Rep. Tom Rice (R-South Carolina) and Rep. Mike Michaud (D-Maine) introduced the TRUE Act to roll back the changes, reenacting them only after the Government Accountability Office had reviewed the FMCSA’s methodology. Versions of the TRUE Act have been introduced to the House and Senate with details being worked out by subcommittees before they go up for a vote.
ď śAs it sits now, the safety evidence presented by OODIA and the ATA is merely anecdotal, but the FMCSA finds itself in a precarious position until it releases the field test results that should have been available when the rules were enacted. ď śhttp://www.sslegalfirm.com