Bituminous Insurance Companies

FMCSA Retains Current Truck Drivers’ Hours–of–Service

Truck drivers will continue to be limited to driving only 11 hours within a 14–hour duty period, after which they must go off duty for at least 10 hours under an Interim Final Rule (IFR) made public by the Federal Motor Carrier Safety Administration (FMCSA). The IFR was developed after new data showed that safety levels have been maintained since the 11–hour driving limit was first implemented in 2003.

"This proposal keeps in place hours–of–service limits that improve highway safety by ensuring that drivers are rested and ready to work,” FMCSA Administrator John H. Hill said. “The data makes clear that these rules continue to protect drivers, make our roads safer, and keep our economy moving.”

The agency noted that, in 2006, the fatality rate per 100 million vehicle miles traveled was 1.94 – the lowest rate ever recorded. Similarly, since 2003, the percentage of large trucks involved in fatigue-related fatal crashes in the 11th hour of driving has remained below the average of the years 1991–2002. In 2005 alone, the agency noted, there was only one large truck involved in a fatigue–related fatal crash in the 11th hour of driving while in 2004 there were none.

In addition, between 2003, when the 11–hour driving limit and the 34–hour off–duty restart were adopted, and 2006, the percent of fatigue–related large truck crashes relative to all fatal large truck crashes has remained consistent. The agency’s estimates show that seven percent of large truck crashes are fatigue related.

Hill noted that the FMCSA also is working to finalize a proposed rule that would require drivers and trucking companies with serious or repeat hours–of–service violations to track their hours of service using electronic on–board recorders.

The agency issued the new hours–of–service rule in response to the recent decision by the D.C. Circuit Court of Appeals vacating two key provisions of the existing hours of service rules effective on December 27 (i.e., the 11–hour driving limit and 34-hour off–duty restart). In order to ensure no gap in coverage of these important safety rules, the rule temporarily reinstates those two provisions while the agency gathers public comment on its actions and the underlying safety analysis before issuing a final rule expected in 2008.

The text of the IFR is available at: http://www.fmcsa.dot.gov/about/news/news-releases/2007/hos.pdf. FMSCA released the text prior to its official publication in the Federal Register. The official publication is expected by December 27.

COPYRIGHT ©2007, ISO Services Properties, Inc.

The information contained in this publication was obtained from sources believed to be reliable. ISO Services Properties, Inc., its companies and employees make no guarantee of results and assume no liability in connection with either the information herein contained or the safety suggestions herein made. Moreover, it cannot be assumed that every acceptable safety procedure is contained herein or that abnormal or unusual circumstances may not warrant or require further or additional procedure.