Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Commentary: Hours of Service Insanity

Combine a truck crash, a celebrity, and an election year, and what do you get? An HOS rules feeding frenzy on Capitol Hill and in the media.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
July 24, 2014
Commentary: Hours of Service Insanity

 

3 min to read


Combine a truck crash, a celebrity, and an election year, and what do you get? An hours-of-service rules feeding frenzy on Capitol Hill and in the media.

Ad Loading...

Our celebrity-driven culture means that the tragic accident that critically injured comedian Tracy Morgan has resulted in a sharp spotlight on trucking safety, with all sorts of people who don’t understand a thing about our industry, or the rules that govern it, chiming in.

The Saturday Night Live and 30 Rock veteran was critically injured, and a fellow comedian was killed, when Kevin Roper, a truck driver for Walmart, crashed his rig into their Mercedes-Benz limousine, triggering a six-car pileup on the New Jersey Turnpike. Although he swerved at the last minute, there were no skid marks, and he was traveling above the speed limit.

Ad Loading...

According to a criminal complaint, Roper had not slept in more than 24 hours.

In a case of really unfortunate timing, the week before the crash, the Senate Appropriations Committee had voted to suspend the current 34-hour restart provision of the HOS rules while the Federal Motor Carrier Safety Administration studies the impact of the rule.

Editorials characterized the move as a “gutting” of safety regulations, a “rollback,” and “undermining” federal regulations requiring drivers to rest. Some articles made it sound as if the move would completely remove ANY hours of service regulations.

Sen. Charles Schumer, D-NY, urged the federal Department of Transportation to force commercial drivers to use electronic logging devices to more accurately track the number of hours they are on the road.

Yet Roper had electronic logs!

Ad Loading...

Anne Ferro, FMCSA Administrator, hasn’t helped the misconceptions. In an article posted on the DOT website, “Congress Shouldn’t Roll Back Safety; the Steps We’ve Taken Keep Tired Truckers off the Road,” she uses the term, “suspending the current Hours-of-Service safety rules,” and cites numerous tragic accidents without any proof that the newest version of the rules would have actually changed anything.

Overlooked in all this is whether the HOS rules actually had anything to do with the crash.

We don’t have a lot of details about what the police found to indicate the driver was awake for 24 hours before the crash, but at this point, it appears that he was technically within the rules.

Walmart said after the crash it believed Roper was within the HOS regulations, and, in fact, the National Transportation Safety Board’s initial report said the driver’s electronic logs appeared to confirm that, although he was about 30 minutes from the end of his allowed 14-hour day.

That’s right. Roper may actually have been operating within those new regulations that everyone is complaining about being potentially “rolled back.”

Ad Loading...

The HOS rules, whether you’re talking the current rules, the previous rules, or the rules the American Trucking Associations has been trying to get adopted, can only limit driving and on-duty time and require that between work periods drivers take a minimum number of hours off-duty. But they do not, and cannot, control what drivers do during that off-duty period.

At this writing, we don’t know the details. Maybe Roper had insomnia and couldn’t sleep during his required rest period. It’s been said he had a long commute to actually get to work. Or maybe he was up all night dealing with some crisis at home.

We just don’t know at this point. Neither does attorney Joan Claybrook, the USA Today editorial board, or the many pundits who have weighed in.

One thing is for certain: Those in the industry pushing for some relief from the new 34-hour restart rules are going to have a lot harder time making any headway on Capitol Hill.

Subscribe to Our Newsletter

More Fleet Management

Greg Feary, president and managing partner of transportation law firm Scopelitis, Garvin, Light, Hanson & Feary.
Fleet ManagementMay 27, 2026

What Trucking Fleets and Brokers Need to Know About This Supreme Court Case

In May, the U.S. Supreme Court ruled that freight brokers can be held liable for damages if a truck they have contracted with is involved in an accident. Transportation attorney breaks down the ruling and its implications for the trucking industry.

Read More →
Illustration of hacker and information network
Fleet Managementby Ben WilkensMay 22, 2026

The Trucking Industry’s Threat Intelligence Gap

The trucking industry has no shortage of cybersecurity reports and cargo crime statistics. What it lacks is timely, operational intelligence that fleets can actually use.

Read More →
Illustration of rising costs with truck in background

Truck Crash Rates Are Down. So Why Do Insurance Costs Keep Rising?

ATRI’s latest research points to litigation, social inflation, and soaring claims costs as key drivers behind record-high liability premiums for trucking fleets. But there are things motor carriers can do.

Read More →
Ad Loading...
ATA Truck Tonnage April 2026

ATA Truck Tonnage Holds Steady in April at Highest Levels Since 2022

ATA’s For-Hire Truck Tonnage Index was unchanged in April after a strong March gain, with freight volumes remaining at their highest levels since late 2022.

Read More →
Greg Feary, president and managing partner of transportation law firm Scopelitis, Garvin, Light, Hanson & Feary.
Fleet Managementby Jack RobertsMay 20, 2026

Behind the SCOTUS Broker Ruling Part 1

Transportation attorney Greg Feary breaks down the recent Supreme Court decision that brokers can be held liable for damages in truck accidents and what it means for the trucking industry going forward.

Read More →
Ad Loading...
ACT Research preliminary trailer orders April 2026.

ACT Research: Trailer Orders Continue Upward Surprise in April

Preliminary net trailer orders rose 3% from March and jumped 126% year over year, signaling stronger-than-expected demand despite typical seasonal softness.

Read More →
DAT Freight Volume April 2026

DAT: Fuel Surcharges Drive April Truckload Rate Gains as Freight Volumes Slip

Truckload spot and contract rates climbed in April. But DAT says higher fuel costs -- not stronger freight demand -- were behind most of the increase.

Read More →
Graphic with light bulbs, HDT Truck Fleet Innovators logo, and the word Nominations
Fleet ManagementMay 15, 2026

Deadline Extended for HDT Truck Fleet Innovators Nominations

Heavy Duty Trucking has extended the deadline for nominations for its Truck Fleet Innovators awards. The deadline has been extended to May 22.

Read More →
Ad Loading...
Illustration of U.S. Supreme Court building and a truck crash

Supreme Court Ruling Puts Freight Broker Vetting Practices in Spotlight

The unanimous SCOTUS ruling in the closely watched Montgomery v. Caribe case allows state negligence claims against freight brokers that hire unsafe motor carriers, raising new liability and vetting concerns among brokers.

Read More →