Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Hours of Service Decision Awaits Clapp’s Confirmation

The Federal Motor Carrier Safety Administration is continuing to work on truck driver hours of service reform, but don’t look for substantive decisions until after the Senate has confirmed Joseph Clapp as administrator

by Staff
September 5, 2001
Hours of Service Decision Awaits Clapp’s Confirmation

 

4 min to read


The Federal Motor Carrier Safety Administration is continuing to work on truck driver hours of service reform, but don’t look for substantive decisions until after the Senate has confirmed Joseph Clapp as administrator.


And don’t expect those decisions to show up as a final rule for many months. Federal law requires the agency to conduct an in-depth regulatory analysis of the rule, a process that will take at least a year, and perhaps longer.
But even before it gets to the details, the agency must decide if it will in fact proceed with a final rule. It still could determine to go for major revisions in a supplemental proposal, or to start again with new research.
FMCSA Assistant Administrator Julie Anna Cirillo expects that decision to be made by the senior political leadership at the Department of Transportation after Clapp has been confirmed, she said in an interview with Truckinginfo.com.
Clapp’s confirmation hearing is not yet scheduled. Sen. Fritz Hollings, D-S.C., chairman of the Senate Commerce Committee, has promised to move quickly on the confirmation hearing.
Clapp, the former chairman of LTL giant Roadway Express and an acknowledged safety leader, is likely to be confirmed, according to Hill sources. (See 'Bush Nominates Joseph Clapp to Top Safety Post," 7/18/2001.) However, he will encounter some opposition. Gerald Donaldson of Advocates for Highway and Auto Safety said his group will object to Clapp because of his industry background and his past support for longer combination vehicles.
Meanwhile, the safety agency is getting ready for the next step if it does decide to proceed with part or all of the rule. Cirillo explained that the agency is now searching for an outside contractor to conduct a regulatory analysis that will examine all aspects of the policy decisions.
Cirillo explained that DOT would ask the consultant to analyze a series of “scenarios,” or variations on the proposed rule. The scenarios, which could for example cover alternative scheduling schemes, will be based on what the agency learned from comments on its original proposal, Cirillo said.
She expects that through the scenarios, the analysis would cover major concerns raised about the proposal. It would, for example, address the trucking industry’s assertion that the proposed rule will cut back on productivity and force companies to put more drivers on the road – which in turn would increase the risk of accidents.
She said the decision to go with an outside consultant for the analysis is not in response to industry criticism of the agency’s own cost-benefit analysis of the original proposal. Trucking interests in particular claimed that analysis was seriously flawed, and urged the agency to start anew with a third-party review.
“Given the importance, the complexity and the wide range of comments that we got on the rule, and the limitations that we have staff-wise, I think we would have engaged a consultant regardless,” she said. “I can’t be sure of that but I am almost sure of that. This is not a third-party rule, this is our rule.”
At least one industry observer is concerned about FMCSA’s approach to this project. According to Kevin Williams, CEO of the Distribution and LTL Carriers Assn., the agency’s request for bid does not include any of the alternatives offered by industry.
Williams said the request asks contractors to explain how they would handle three alternatives: the current HOS rules with the additional requirement of an onboard recorder; the proposed revisions to the current rules; and an exemption from the rules for short-haul carriers.
This shows that the agency is looking more to validate the work that it already has done, than to look at other alternatives, Williams said.
Agency spokesman David Longo disagreed with this assessment. He said that the alternatives were chosen as a way to evaluate the capabilities of the contractors – “not to say that this is the work they will be asked to do.”
“When the contract is awarded, these options may be included, and they may not,” he said.
In the interview, Cirillo said, “We have not yet determined the scenarios. We are still working on them.”
Under federal law, the regulatory analysis must cover the total costs and benefits of the final rule. It also must address the impact of the rule on the profitability of small businesses. It must calculate the energy impact of the rule – the amount of fuel used by additional drivers, for example – and the environmental impact created by, say, emissions from additional trucks.



More Drivers

Photo illustration combining laboratory sample tubes, marijuana, pills, white powder, and a syringe above a highway with tractor-trailers.
Safety & Compliance•by Deborah Lockridge•November 2, 2026

FDA Eases Path for Oral-Fluid Testing

Federal actions could advance oral-fluid drug testing for truck drivers, but lab certification delays and marijuana rescheduling questions remain.

Read More →
Truck driver in a blue-tinted cab beside a hand holding cash, with the headline “Competing for Drivers.”
Drivers•by Deborah Lockridge•October 29, 2026

Why Hiring Truck Drivers Is Getting Harder

Higher recruiting costs, a shrinking driver pool, and renewed pay competition are raising the stakes for fleets heading into 2027.

Read More →
Two red heavy-duty Class 8 trucks with Roehl branding
Drivers•by News/Media Release•October 27, 2026

Roehl Offers Truck Drivers $10,000 Retention Incentive

Payments begin after the first load and continue in mileage-based installments for eligible experienced drivers joining the fleet.

Read More →
Ad Loading...
PS Coach tablet interface showing a driver’s coaching inbox, safety event video and coaching advice for a harsh-braking event.
Fleet Management•by News/Media Release•October 21, 2026

Platform Science Adds Dispatch and Safety Tools

Four additions to PS Fleet help fleets monitor loads, manage driver coaching, share truck locations and adjust video system settings.

Read More →
Man with police badge on his arm by an open commercial truck door examining paperwork
Safety & Compliance•October 15, 2026

When Language Stops the Truck: The Return of ELP Out-of-Service Orders

English language proficiency rules for commercial drivers aren’t new, but renewed out-of-service enforcement has raised the stakes. Here’s what carriers need to know before a driver reaches a roadside inspection.

Read More →
Illustration of silver robot waving his hand and a Samsara AI prompt on screen to call drivers
Fleet Management•by Staff•October 13, 2026

Samsara Launches Custom AI Agent Builder

Agent Studio lets fleets create AI tools for hours-of-service monitoring, reporting and driver support, including agents that communicate by phone.

Read More →
Ad Loading...
Illustration of trucks parked in lot with Trucker Path app on phone screen superimposed on top
Drivers•by News/Media Release•October 6, 2026

Trucker Path Expands Reserved Parking Network

Trucker Path has added close to 6,000 more truck parking spaces to its Trucker Path Reserved Parking Network with the addition of Safe Truck Parking.

Read More →
photo of older driver standing with arms crossed with truck in the background, with a photo illustrating equal opportunity law inset upper left.
Drivers•by Staff•September 28, 2026

EEOC Sues Texas Trucking Company Over Driver Age Limits

The agency says Trancasa USA rejected applicants over 65 and applied tougher driving-record standards to those over 60.

Read More →
Red Nussbaum Class 8 tractor pulling white and red trailer with aero fairings and skirts
Drivers•by Staff•September 23, 2026

Nussbaum, Roehl Announce Second Driver Pay Increase This Year

This year has seen a swath of major truck driver pay increases as freight capacity has tightened.

Read More →
Ad Loading...
Photo of smiling truck driver Harold Perry with arms crossed in front of Southeastern Freight Lines truck
Drivers•September 17, 2026

From One Generation to the Next: How Mentorship Builds Safer Truck Drivers

After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.

Read More →