Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

ATA Mounts Assault on HOS Proposal

American Trucking Associations is gearing up a multi-front campaign to stop the Federal Motor Carrier Safety Administration's proposal to change the hours of service rules

by Staff
January 23, 2011
ATA Mounts Assault on HOS Proposal

 

6 min to read


American Trucking Associations is gearing up a multi-front campaign to stop the Federal Motor Carrier Safety Administration's proposal to change the hours of service rules.



Last week ATA President and CEO Bill Graves told President Obama in a letter that the proposal fits Obama's own description of the type of federal rule that should be eliminated.

"FMCSA's Dec. 29, 2010, proposed changes to the HOS rule are, using your words, 'just plain dumb,' and 'not worth the cost' of making 'our economy less competitive,'" Graves wrote.

He was responding to Obama's Jan. 18 executive order calling on federal agencies to cull through their regulations and get rid of those that are outdated, stifle job creation or make the economy less competitive.

Coalition Asks for Hearing

ATA also has assembled a coalition of 36 shippers and other transportation groups that are asking the leaders of the House Transportation and Infrastructure Committee to schedule a hearing on the proposal.

"A hearing before the (committee) would help bring attention to the real impact of FMCSA's proposed regulations and give members of the committee the opportunity to question both the agency and the business community about the hours of service," the coalition says in a Jan. 19 letter to the committee.

The coalition is looking for a hearing before the end of the comment period on the proposal, Feb. 28. The committee is following the issue but does not yet have a response, a spokesman said over the weekend.

The letter went to Rep. John Mica, R-Fla., the chairman of the committee, and Rep. John Duncan, R-Tenn., the chairman of the Highway Subcommittee, as well as Ranking Member Nick Rahall, D-W.Va., and Ranking Member of the Highway Subcommittee, Peter DeFazio, D-Ore.

Among the members of the coalition are the National Industrial Transportation League, the Transportation Intermediaries Association and the Truck Renting and Leasing Association, as well as the National Private Truck Council and the National Tank Truck Carriers.

Criticism of the Proposal

ATA says the proposed changes would hurt industry productivity and the economy, are too complex to enforce and would not improve safety.

The major changes in the proposal include reducing daily driving from 11 hours to 10, requiring drivers to take two nights of rest during their 34-hour restart, requiring completion of all on-duty work-related activities within 13 hours to allow for at least a one-hour break, extending a driver's daily shift to 16 hours twice a week to accommodate for circumstances such as loading and unloading, and allowing drivers to count some time spent parked in their trucks toward off-duty hours. (See "HOS Proposal Seems Likely to Lead to More Litigation," 12/30/2010.)

ATA also says that FMCSA put together the proposal for political rather than safety reasons.

"We very much perceive that these changes are politically motivated," said Rob Abbott, vice president of Safety Policy at ATA, in a presentation to the NIT League last week. "That's because the substantial improvements in highway safety have not really called for a change in the rules."

In another presentation last week to industry analysts hosted by Jeffries and Co., Abbott speculated that Obama administration sympathy for organized labor may be behind the proposed changes. "There might be some motivation there to change the rules and level the playing field between unionized and non-unionized carriers," he said.

Why the Revision

Procedurally, the revision process was triggered by an agreement between the Department of Transportation and safety advocacy groups that have been suing the agency over the rule ever since it came out in 2003.

The groups, led by Public Citizen, twice won court decisions that required the agency to rework the rule and each time the agency came back with a defense of the rule. After they sued for the third time, DOT agreed to revise the rule if Public Citizen would hold its suit in abeyance. Under the agreement, the agency has until July 26 of this year to come up with a new rule. Public Citizen reserves the right to return to court if it does not like the new rule.

ATA does not believe that the revision is simply DOT's attempt to respond to its losses in court. "If you look at the court decisions, they don't speak to the merits of the rule, they speak to procedural issues," he said.

And in any event, he does not believe that the changes the agency is proposing make the rule any more likely to hold up in court. "In fact we think the proposal would be less likely to do so because of the tenuous basis of the justification in the cost-benefit analysis," he said.

The Driver Health Angle

This is how the agency describes the benefits of the rule in its Regulatory Impact Analysis:
"The benefits consist of safety benefits from the reduction in fatigue-related crashes and health benefits from drivers working long hours potentially getting more sleep and reducing their mortality risk."

Abbott's take: "In plain English, what they're saying is that while we won't necessarily see enough reduced crashes to justify the tremendous economic impact, drivers who get more rest, work shorter shifts and have longer breaks will get more sleep and over their lifetimes that means they'll be healthier and live longer lives."

The agency calculates this health-related benefit to be worth $690 million.

"Quite frankly," Abbott said, "we think this is really a stretch. The agency had to be very, very creative in finding a way to get the costs and benefits to balance, and this is how they did that."

Drop in Productivity

ATA's message to shippers is that the proposal as it is written will reduce productivity and capacity, and force carriers to put more trucks and drivers on the road.

One of the changes the agency is considering, shortening daily driving time from 11 to 10 hours, will in effect force carriers to move to a shorter length of haul, Abbott said.

This would lead to less competition in rural markets that carriers cannot reliably get to and return from in 10 hours, and it would affect distribution networks that carriers have set up under the 11-hour rule, Abbott said. "We may have to look at moving brick and mortar."

Another major change, requiring drivers to get two rest periods between midnight and 6 a.m. in their restart breaks, will lead to more congested pickup and delivery windows, he said. "Many drivers who formerly could pick up at night would be forced into daytime traffic and onto overcrowded docks."

It is a misnomer to refer to the restart provision in the proposal as a 34-hour rule, Abbott said. The two-night requirement in effect creates a 53-hour restart for drivers in certain types of operations. "It's only 34 hours in ideal circumstances, and for many drivers it will result in them being stuck in rest areas for much longer than 34 hours."

Another ATA contention is that the proposal introduces a layer of complexity that will make the rule hard to comply with and to enforce. Abbott cited the calculation of the restart provision as an example: "For a roadside inspector to determine if a driver has already used his restart in the past seven days, he would have to consider whether the prior restart had not begun less than 168 hours before the current time."

The Final Rule

Abbott told the shippers that if the rule goes through the way it is proposed, it is likely that ATA members will decide to file suit. "We think this proposal lacks justification," he said. "But if the current rules a

More Drivers

Line of gray semi trucks with Fraley & Schilling logo
Safety & ComplianceJuly 15, 2026

How Fraley & Schilling Improved Logbook Compliance by Over 50%

Fraley & Schilling needed a way to close a compliance workflow gap in its ELD system without adding more work from driver training, reminders, and back-office follow-ups. It found the answer in a custom driver app.

Read More →
Volvo American Truck Simulator.
Driversby News/Media ReleaseJuly 8, 2026

Volvo Goes Gaming

Volvo has roared into American Truck Simulator with two new flagship trucks.

Read More →
Two black men in safety vests walking together laughing in a truck fleet yard
Driversby Deborah LockridgeJuly 6, 2026

What the Best Fleets to Drive For Teach About Driver Retention

Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.

Read More →
Ad Loading...
Podcast thumbnail showing Jane Jazrawy, the words "When Drivers Tune Out," and a line drawing of a truck.
DriversJuly 2, 2026

Driver Retention Lessons From the Best Fleets to Drive For

What separates trucking's best workplaces from the rest? Jane Jazrawy shares the biggest lessons from this year's Best Fleets to Drive For program on driver retention, communication, AI, and workforce trends on the HDT Talks Trucking podcast.

Read More →
Man standing beside tractor-trailer in sepia tone with the words "Farewell CDL" superimposed on top
Driversby Jack RobertsJuly 1, 2026

Farewell, CDL: Why I'm Giving Up My Commercial Driver's License

After more than 20 years as a CDL holder, HDT Executive Editor Jack Roberts is letting his commercial license expire. Not because he wants to — but because trucking's nuclear verdict crisis has made the risks of public-road test drives too great for editors, manufacturers, and everyone involved.

Read More →
HDT Talks Trucking thumbnail with photo of Jane Jazrawy and the text,, "When Drivers Tune Out"
Driversby Deborah LockridgeJune 24, 2026

How Top Trucking Fleets Improve Driver Retention [Video]

What do healthy snacks, optimized routing, and just picking up the phone have in common? They're all strategies the Best Fleets to Drive For are using to retain truck drivers.

Read More →
Ad Loading...
Trucker Path Cargo Net theft overlay.
Driversby News/Media ReleaseJune 23, 2026

Trucker Path Adds Verisk CargoNet Theft Data to Navigation Platform

Trucker Path’s new cargo theft risk overlays give drivers and fleets visibility into high-risk areas, stolen commodity trends, and theft hotspots.

Read More →
Man seated in front of computer with inset of insights generated for a truck driver

Netradyne Intelligence Uses New AI Agents to Automate Response to In-Cab Camera Data

The company called the next-generation in-cab camera safety platform "a fundamental shift from systems that report on what happened to systems that actively drive what should happen next."

Read More →
Illustration of hourglass and trucks backed up to a dock
DriversJune 15, 2026

Why Truck Detention Keeps Costing Fleets Time and Money

A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.

Read More →
Ad Loading...
Artist rendering of dealership with trucks and trailers parked outside
Equipmentby News/Media ReleaseJune 2, 2026

Prime Inc. to Open $7.9M Flagship Used-Truck Dealership

A new driver-focused facility to sell Prime Inc's used trucks and trailers will be the first purpose-built location in the company's history.

Read More →