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ATA Reacts to FMCSA's Hours of Service Rule

In a statement issued shortly after the Federal Motor Carrier Safety Administration released its new Hours of Service ruling on Friday, ATA President and CEO Bill Graves was generally supportive of the rule

by Staff
August 19, 2005
4 min to read



In a statement issued shortly after the Federal Motor Carrier Safety Administration released its new Hours of Service ruling on Friday, ATA President and CEO Bill Graves was generally supportive of the rule.

“(The) action by the Federal Motor Carrier Safety Administration confirms our research that the current Hours of Service rules have been measurably effective in improving safety on our nation’s highways, providing for the health of truck drivers, and assuring the efficient transport of our nation’s goods," Graves said. "However, we need to closely examine the impact of the new 'sleeper berth' rule on trucking companies and their drivers, particularly team drivers that are so critical to our just-in-time economy. In the meantime we feel confident that the trucking industry will continue its positive progress in safety and productivity under these rules.”
The FMCSA Friday issued the new HOS rule, spelling out the length of time commercial drivers can operate trucks before they are required to take a break.
The new rule is the product of years of research meant to keep drivers healthy and make highways safer, officials said.
The new rule replaces Hours of Service regulations that were last updated in 2003. Parts of the rule, including the maximum driving time and minimum rest limits remain the same. However, the rule unveiled Friday includes changes affecting short-haul operators and longer distance drivers who use in-cab sleeper-berths for their rest.
"This new rule will help keep drivers healthy and make our roads safer," said Secretary of Transportation Norman Y. Mineta. "Drivers that are well rested are less likely to lose control, crash, or injure others."
"The research shows that this new rule will improve driver health and safety and the safety of our roadways," said FMCSA Administrator Annette M. Sandberg. "Ensuring drivers obtain necessary rest and restorative sleep will save lives."
As in the 2003 regulations, the new rule prohibits truckers from driving more than 11 hours in a row, working longer than 14 hours in a shift and driving more than 60 hours over a seven-day period or 70 hours over an eight-day period, Administrator Sandberg said. In addition, the new rule requires truckers to rest for at least 10 hours between shifts and provides a 34-hour period to recover from cumulative fatigue.
FMCSA said it tasked driver health and safety experts to review more than 1,000 health- and fatigue-related articles and studies and considered thousands of comments received from drivers, truck companies, safety advocates and researchers before settling on the new safety provisions. Based on this research, FMCSA concluded the new rule will keep drivers healthy and reduce the 5.5% of fatal truck crashes that are caused by driver fatigue.
The most important change under the new rule now allows short-haul operators not required to hold a commercial drivers license – such as landscape crews and delivery drivers who work within a 150-mile radius of their starting point – to extend their work day twice a week.
They also will no longer have to maintain logbooks. The change was prompted by safety data that show short haul drivers make up over half the commercial fleet yet are involved in less than 7% of the nation's fatigue-related fatal truck crashes, Administrator Sandberg said.
Another change contained in the new rule requires truckers who use sleeper-berths to rest for eight hours in a row, and take another two consecutive hours off duty before resetting their daily driving schedule. Studies show that drivers are less likely to be fatigued if they take a single eight-hour block of rest than if they break their rest into smaller periods of time as they were allowed under the previous rule.
As in 2003, the new rule announced Friday applies only to commercial truck drivers, and not to passenger motor coach operators.
Motor coach drivers are still covered by the Hours of Service rules in effect prior to 2003.
The new rule will go into effect Oct. 1, 2005. Sandberg pledged to work with states and the trucking community for the first three months the rule is in effect allowing them time to update educational materials, train employees and re-program driving schedules.
During this transitional period, FMCSA and state law enforcement officials will monitor carriers for egregious violations of the new rule and pursue enforcement action where necessary, she said.
For more information, or to review the new Hours of Service rule, visit www.fmsca.dot.gov.

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