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REGULATORY ALERT

DOT Issues Final Hours-of-Service Rule
   

As expected U.S. Department of Transportation today issued its Commercial Driver Hours-of-Service Final Rule, keeping daily driving limits intact at 11 hours, but significantly trimming the amount of time they can work within a week.

 

Specifically, FMCSA's new HOS final rule reduces the weekly limit by 12 hours, from 82 to 70 hours. In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.

 

According to DOT, the rule requires truck drivers to take at least two nights' rest when their 24-hour body clock demands sleep the most - from 1:00 a.m. to 5:00 a.m.

 

This rest requirement is part of the rule's "34-hour restart" provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off duty. The Final Rule allows drivers to use the restart provision only once during a seven-day period. 

Meanwhile, the Rule states that companies and drivers who commit egregious violations could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by three or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.

Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013.

 

American Trucking Associations (ATA) officials expressed frustration and disappointment that the Obama administration issued an "unjustified final rule governing hours-of-service that will do nothing to improve highway safety, but will very likely increase the risk of truck-involved crashes." 

 

ATA President and CEO Bill graves said, "What is surprising and new to us is that for the first time in the agency's history, FMCSA has chosen to eschew a stream of positive safety data and cave in to a vocal anti-truck minority and issue a rule that will have no positive impact on safety.

 

"From the beginning of this process in October 2009, the agency set itself on a course to fix a rule that ... by all objective accounts is working to improve highway safety. Unfortunately, along the way, FMCSA twisted data and, as part of this final rule, is using unjustified causal estimates to justify unnecessary changes."

 

ATA officials noted that even with an uptick in truck-involved fatalities in 2010, since the current rules went into effect in 2004, fatalities have fallen 29.9 percent while overall miles traveled for trucks has risen by tens of billions of miles.

 

ATA Chairman Dan England added that "by forcing through these changes FMCSA has created a situation that will ultimately please no one, with the likely exception of organized labor. Both the trucking industry and consumers will suffer the impact of reduced productivity and higher costs."

 

ATA argues that groups that have historically been critical of the current hours of service rules also won't be happy since they will have once again failed to obtain an unjustified reduction in allowable daily driving time.

 

"This rule will put more truck traffic onto the roadways during morning rush hour, frustrate other motorists and increase the risk of crashes," Graves said. "By mandating drivers include two periods between 1 a.m. and 5 a.m. creates additional and unnecessary congestion and putting motorists and those professional drivers at greater risk. The largest percentage of truck-involved crashes occurs between 6 a.m. and noon, so this change not only effectively destroys the provision of the current rule most cited by professional drivers as beneficial, but it will put more trucks on the road during the statistically riskiest time of the day."

 

The rule is being sent to the Federal Register today and is currently available on FMCSA's Web site at http://www.fmcsa.dot.gov/HOSFinalRule.

Special Alert

FMCSA bans handheld cell phones for commercial truck and bus drivers

 

The Federal Motor Carrier Safety Administration has issued its long-awaited final rule prohibiting interstate commercial truck and bus drivers from using handheld cell phones while operating their vehicles.

 

Drivers who violate the rule face federal civil penalties up to $2,750 for each offense and possible disqualification from operating a commercial motor vehicle for multiple offenses. Additionally, states will suspend a driver's commercial driver's license after two or more serious traffic violations. Commercial truck and bus companies that allow their drivers to use handheld cell phones while driving will face a maximum penalty of $11,000.

 

"When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly," said U.S. Transportation Secretary Ray LaHood. "I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel."

 

The U.S. Department of Transportation estimates that about four million commercial drivers will be affected by the final rule. "It's just too dangerous for drivers to use a handheld cell phone while operating a commercial vehicle," said FMCSA Administrator Anne Ferro. "Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake."

 

The Alabama Trucking Association has announced its approval of the final rule. "We completely support this ruling," said Alabama Trucking Association Director of Safety Gene Vonderau. "In years past, we have advocated at the state level for texting bans for commercial drivers. But this is a necessary next step to ensuring that professional drivers always maintain a high level of alertness and concentration when behind the wheel of a large commercial vehicle. We most hold ourselves to a higher standard."

 

FMCSA said that while driver distraction studies have produced mixed results, its own research has shown that using a handheld cell phone while driving requires a commercial driver to take several steps beyond what is required for using a hands-free mobile phone, including searching and reaching for the phone. Commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event, according to FMCSA, and dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event.



New issue of Alabama Trucker now online!
2ndQcover2011
 


You should receive the latest issue of Alabama Trucker in the mail soon. In the meantime, the digital version of the magazine is now online. To see it, click here (or just click the image at the right).

Inside, you'll find complete coverage of Alabama Trucking Association's most recent events, including the annual fleet safety awards, our annual convention, and the state Truck Driving Championships. There's also industry news, updates from the State House, a feature story on pre-hire agility testing, and much more. 
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Special Alert


New law amends the Alabama Metal Coil Act


As required under the Alabama Metal Coil Act of 2009, the operator of a commercial motor vehicle involved in the transport of metal coils (for shipments originating or terminating in Alabama) must be certified in proper load securement and must carry the certification in the vehicle and produce it on demand to law enforcement personnel.

Late last week, Gov. Bentley signed into law Senate Bill 289, which removes the requirement that a driver of a motor vehicle hauling metal coils have in his/her possession a copy of the certificate of training, as administered by the Alabama Dept. of Public Safety, for proper load securement. Instead, state law enforcement officers will rely on access to an electronic data bank showing motor carrier drivers who are certified. This goes into effect immediately.

ATA president Frank Filgo said the Alabama Trucking Association welcomes this revision to the Alabama Metal Coil Act, making it less burdensome for motor carriers involved in the transport of metal coils. However, ATA cautions that this revision in no way eliminates the requirement that its drivers be certified by the Alabama Department of Public Safety.

Filgo added, "The Alabama Trucking Association wishes to express its appreciation to the sponsors of the bill, State Senator Jabo Waggoner and Representative Paul DeMarco."

Association officials anticipate a continuation of soft enforcement of the driver certification requirements until a centralized database containing all names of certified drivers is accomplished.
 

 

 


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