Bituminous Insurance Companies
Release Date: January 27, 2010
The Federal Motor Carrier Safety Administration's (FMCSA) Hours-of-Service (HOS) regulations (49 CFR Part 395) put limits in place for when and how long commercial motor vehicle (CMV) drivers may drive. The HOS regulations are designed to continue the downward trend in truck fatalities and maintain motor carrier operational efficiencies. Although the HOS regulations are found in Part 395 of the Federal Motor Carrier Safety Regulations (FMCSR), many states have identical or similar regulations for intrastate operations.
The first significant changes in the regulations (since their adoption in1939), for regulated motor carriers of property, were enacted in 2004. Much controversy, including two court decisions against FMCSA ensued. After review, FMCSA made subsequent changes that became effective October 1, 2005. FMCSA issued an Interim Final Rule on December 17, 2007. On November 18, 2008, FMCSA adopted, as final, the provisions of the Interim Final Rule.
The current HOS regulations are based on an exhaustive scientific review and are designed to ensure truck drivers get the necessary rest to perform operations safely. When establishing these HOS rules, FMCSA reviewed existing fatigue research and worked with organizations like the Transportation Research Board of the National Academies and the National Institute for Occupational Safety to obtain the necessary criteria.
However, not everyone is happy with the new HOS regulations, and the FMCSA is currently making their third attempt to determine what, if any, changes are necessary. To collect the input of all stakeholders, the FMCSA has been holding listening sessions around the country. The FMCSA agreed to review and possibly revise the HOS rule as part of a settlement agreement made in October 2009 with the Washington-based advocacy group Public Citizen and other organizations. Under the agreement, FMCSA must submit a notice of proposed rulemaking this year and issue a final rule by Summer 2011.
Most of the speakers representing motor carriers and individual drivers are in favor of keeping the current HOS regulations, although many would like changes in the sleeper-berth requirements. American Trucking Associations (ATA) said the current rules are largely a success in terms of balancing safety and operation efficiency. ATA noted that, between 2004 – when the current HOS rules went into effect – and 2008, truck-car crash fatalities declined 19%, truck occupant fatalities in crashes dropped 16%, and truck-car crash-related injuries fell 21%. The National Association of Small Trucking Companies stated that "the current rules, while not perfect, have a good track record and are headed in the right direction."
However, strong opposition to the current HOS regulations has been expressed by a number of safety organizations and the Teamsters Union. Advocates for Highway and Auto Safety stated the FMCSA "is moving in the wrong direction with these rules [and] the conclusions upon which it relied to formulate them are problematic. It has been repeatedly shown that longer working hours lead to serious performance errors. Increased flexibility is not an answer for fatigue nor does it help protect the health and safety of truck drivers; only reduced works hours do." Public Citizen also advocated reducing the allowable time a driver can drive, The Teamsters Union stated that FMCSA HOS regulations favor "increasing driver productivity and increasing the profits of motor carriers over driver health and safety."
To review individual documents in FMCSA's HOS docket, go to www.regulations.gov and search for docket ID: FMCSA-2004-19608. As of this writing, there are 3831 items in the docket.
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