Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Trucking Industry Dominates HOS Discussion in Los Angeles Listening Session

The Federal Motor Carrier Safety Administration held its third listening session Monday in El Segundo, Calif., to further discuss how to revise the hours of service rule.

by Staff
January 26, 2010
5 min to read


The Federal Motor Carrier Safety Administration held its third listening session Monday in El Segundo, Calif., to further discuss how to revise the hours of service rule.
Out of the approximately 50 attendees that trickled in and out of the Los Angeles session and 50 callers on the line, drivers, carriers and trucking industry representatives dominated the conversation.

Alais Griffin, chief counsel of the FMCSA, kicked off the event, which included comments from individuals both on the phone and in person. Griffin opened by pointing to three goals that FMCSA has when looking at HOS: first, the agency aims at raising the bar to entry so only the safest carriers can enter; second, the agency wants to maintain a high standard of safety; and third, the agency wants to remove high-risk motor carriers.

During the course of the day, two different speakers asked the panel if they had ever spent time in a truck with a driver. Each time the question came up, the speakers were reminded that the panel was there to listen to feedback and ask questions, not to speak themselves, hence the term "listening session."

And the panel did listen. In general, speakers indicated that they'd like to keep the hours-of-service rule as it is.

Tim Fortier, president of Commercial Transfer, told the panelists that the reason they're holding the listening sessions is because of opposition from other groups that have an agenda.

"We're always going to have accidents," he said. "I know it's not politically correct to say that. You're not going to legislate an accident-free society."

But there were several issues that came up with the current rule.

14-HOUR RULE

The word of the day during the Los Angeles session was "flexibility." Drivers indicated there needs to be more flexibility in the 14-hour rule. For the most part, drivers have no problems with the 11-hour driving limit, but they feel the 14-hour workday is too tight, especially because of delays frequently experienced during loading and unloading.

Corey Artman, a driver who spoke, said the time at the shipper and receiver should not count against you. This is time most drivers are not paid for, he said, and despite delays, drivers still have to deliver their load in a certain time window.

Skip Nash, director of operations at Standard & Best, which provides safety management resources to the trucking industry, said his clients face the challenge of remaining compliant because of shippers and receivers. To follow the rules, he said, some carriers have to give up loads when a driver runs out of hours due to delays. If a driver can't make the delivery within the allowable hours, the shipper usually gives that load to another carrier.

To address this, Nash proposed a "public interest exclusion," or a provision that would penalize shippers that aid and abet unsafe practices. Others agreed with Nash, saying there needs to be more accountability in the supply chain.

Marty Hernandez, who's been driving long haul for 10 years, said it's even harder to shut down now for the required rest period, because several states have had to close rest areas, and he can't find a safe haven to park his truck. "Less driving for us long-haul drivers would be really bad," he said.

SLEEPER BERTHS

Attendees also indicated they'd like more flexibility with the sleeper berth rule.

According to Nicholas Pyle, president of the Independent Bakers Association, his members are actually more fatigued under this provision, especially team drivers. He said this rule forces drivers to shut down when they're not tired, while the other team member has to drive fatigued.

"We respectfully request the agency amend the current rule, and develop a special rule for team drivers," he said.

Sue Horner, a team driver for UPS Freight, said the 10-hour sleeper rule is too long. She and her husband loved the "sleeper berth split" in the previous rule. "You don't know when you're going to get tired," she said.

Tommy Hodges, chairman of the American Trucking Associations and Titan Transport, said the current rules have improved the quality of life for his drivers, which typically get home every week. However, he suggested the agency redefine the 10 hours and offer "flex time," or time the driver can use at his discretion. He also encouraged the use of naps to make drivers more alert - something the current rules make nearly impossible without using up precious driving time.

Jim Fitzpatrick, who has spent many years as a consultant to the carrier industry, told the panel the current rule does not allow for the driver to sleep when he's sleepy. "We cannot mandate sleep over time," he said. He suggested that drivers could take the 10 hours off any time over a 24-hour period, rather than requiring the hours be consecutive.

Breaks

The discussion also touched on the issue of whether or not the FMCSA should mandate short breaks throughout the day. The general consensus seemed to be "no." Gary Mullings, senior vice president of compliance and operations at the National Ready Mixed Concrete Association, said the breaks wouldn't be appropriate, especially for short-haul operations, which make up the majority of his membership.

"A mandated break makes absolutely no sense for our industry," he said. The average length of haul for concrete trucks is only about 14 miles, so breaks are not really needed.

Standard & Best's Nash said mandating rest would interfere with the business of those carriers he represents. Rests are good, but the way they are applied needs flexibility, he added.

"Mandating it is a can of worms that would be very difficult to enforce," he said.

The HOS listening sessions will continue Thursday, Jan. 28, in Davenport, Iowa. Griffin said the agency is considering holding a fifth session to accommodate those interested in participating.

Read about the first listening session:
FMCSA Commences Hours of Service Review with First of Four Listening Sessions, 1/20/2010


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 →