Editorial: Completing the New HOS Rule

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et’s hope we’re on the road toward settling the debate over the new federal hours-of-service rules that govern the nation’s truck drivers.

Thanks to Congress, the Federal Motor Carrier Safety Administration has until Sept. 30 to iron out a rule that passes muster with the federal appeals court that had overturned the agency’s new proposal.

The U.S. Court of Appeals for the District of Columbia rejected FMCSA’s long-overdue revision of the driver work rules in July, saying that — among other things — the agency didn’t adequately consider the effect the rules would have on the health of drivers.

Congressional intervention prevented an immediate repeal of the rules, which would have created chaos in the freight-shipping industry as most of the nation’s fleets and shippers had already altered their procedures to conform with the January 2004 rules.

arlier this month, however, FMCSA simply restated its HOS rules, and invited comment on them, in light of the court ruling.

The agency said its intention was simply to begin the dialogue over what changes need to be made, and that it has started a comprehensive review of driver health issues — namely: sleep deprivation; the consequences of noise, vibration and emissions on driver health; and workplace injuries.

FMCSA had already solicited comments on whether it should mandate the use of onboard recorders to monitor over-the-road operations.

In its ruling, the court criticized several aspects of the 2004 HOS standard, including its expansion of the maximum number of hours drivers can be behind the wheel in a day to 11 from 10. However, the maximum number of hours drivers could work was reduced by an hour to 14.

Publication of the new rule last year had an immediate positive effect on trucking, as fleets imposed detention fines for delays caused by shippers. This led many shippers to improve their efforts to unload and load trucks more quickly, which led to a notable increase in equipment utilization and a sharp drop in delays.

Virtually everyone agrees that a revision of HOS rules was long overdue.

Now, it’s critical that FMCSA appropriately respond to the court’s ruling, but without undoing the gains its earlier rule created.

We need to move forward, to polish any rough edges that remain on the work rules, and not go back to square one and start this long trek over again.

This story appeared in the Jan. 31 print edition of Transport Topics. Subscribe today.

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