One HOS Rule Change Overturned

    The U.S. Court of Appeals for the District of Columbia has rejected almost the entirety of an appeal put forward by the ATA asking for the new HOS rules that went into effect on July 1st to be repealed. The only section that the court agreed with was appealing the mandatory 30-minute breaks, but only for short-haul drivers. Short-haulers are defined as drivers who haul within a 150 mile radius of their dispatch base.

    The ATA’s Dave Osiecki said that the agency is “disappointed the court chose to give unlimited deference to the Federal Motor Carrier Safety Administration’s agenda-driving rulemaking,” but went on to say that the court’s decision to remove the need for the 30-minute break for short haulers was an “important victory.”


    Despite the court’s ruling that slightly changed their new HOS requirements, the FMCSA seemed happy with the decision as a whole. “The ruling recognizes the sensible data-driven approach that was taken in crafting this important regulation to increase safety and reduce driver fatigue – a leading factor in truck crashes,” a statement from the FMCSA said. “The ruling also provides added certainty for all affected, moving forward.”

    Even though the FMCSA is expecting “certainty for all affected,” it doesn’t sound like they’ll be seeing an end to the calls for the repealing of their HOS rules. This is a small victory for the opponents of the new changes, and they will absolutely be coming back for more.

     

    Next Story: EEOC to Pay $4.7M to CRST Over Bungled Sexual Harassment Case

    Source: overdrive

    Image: lifehacker

    { 46 comments… read them below or add one }

    Terry August 9, 2013 at 4:42 am

    Damn I am glad I don’t have to haul in the US anymore…quit doing it 20 years ago when company decided they wanted to scrutinize my logbook,,,I told them they could “pound salt!”

    Reply

    Enis burdet August 9, 2013 at 8:03 am

    Did ya!

    Reply

    DRad August 9, 2013 at 5:10 am

    This decision just proves that we the people (truckers) have no true representation. They keep tryin to blame us for every tragedy that occurs on the road meanwhile the 4 wheelers cause the majority of crashes involving a CMV… We get screwed again.

    Reply

    JaeBro August 13, 2013 at 5:07 am

    Not when you have drivers out there that think the rules or the HOS law don’t apply to them driver.
    We are “OUR OWN WORST ENEMY”….!
    Their are drivers who think they can continue to driver hours on end, without any breaks, and when things do happen, their in violation.
    This is why the changes have come about.
    I’m not supportive of these new regulations, but something had to be done to curb a situation that’s gotten out of hand, which the motoring public was getting hurt from.
    If everyone would drive their equipment under control, AT ALL TIMES, UNDER ALL CONDITIONS, their would never have been these new regulations.
    Like anything with Government, it’s “always after the fact”, this is the end result from the deregulation of trucking.
    When trucking was regulated, that was under Teamster Union control, which the carrier’s suffered.
    There was NEVER as many accidents that we have today with BIG TRUCKS…!
    You don’t see UPS, ABF, YRC, FED EX, (only in the ice and snow) having crashes like the J.B.Hunts, Schneiders, Swift, and the other fly by night carriers that push their in experienced drivers to no end.
    It’s time we ALL LEARN to drive by the rules and regulations that KEEP EVERYONE SAFE..!

    Reply

    Tim dunn August 9, 2013 at 5:47 am

    This is a small victory for us. Until the government and people sitting in office who only see a truck going to work . They. Never will understand what it takes to drive . They make rules that keeps us from making money . And the drivers that come into this thinking it is a nine to five needs too go back to what they did before and leave the driving to the professionals . They keep screwing with the hours and they don’t understand they or making it worse.

    Reply

    Larry August 10, 2013 at 6:50 am

    They do realize they are making things worse it’s just our dictating government getting their hands in our back pockets and mark my words! It’s gonna get worse!

    Reply

    sudon't August 10, 2013 at 8:53 am

    It’s true these bureaucrats, most of whom have never worked a day in their lives, have no understanding of the job. But if anyone is preventing us from making money, it is the trucking companies. Why should we have to drive ten, or eleven hours, and work a twelve to fourteen hour day without stopping to eat, just to make the money everyone else makes in eight hours? Maybe the trucking companies need to stop promising to deliver so quickly, for so little money? While we’re out on the road killing ourselves, trucking company owners, shippers, and receivers are getting rich off our work, while other Americans enjoy cheap products at our expense.

    Reply

    George Dorman August 9, 2013 at 5:49 am

    Today I am a happy man. Now I will be home 30 mins earlier everyday.

    Reply

    Matthew August 9, 2013 at 6:33 am

    This is a perfect example of how these bureaucratic, pencil pushing textbook statistic reading geeks know NOTHING about what we do. I’ve run “short haul” before and the fact is, those guys don’t work ANY different than OTR drivers when it comes to how hard, or many hours they work. If anything, they run even harder to get home everyday before they run out of hours. These facts, along with the TOTAL FAIL on the part the companies that run these guys and gals silly to get and give them ANY continuing safety education is just another in the endless list of disasters waiting to happen.IDIOTS!!!

    Reply

    Bryan August 9, 2013 at 3:22 pm

    It was my personal experience that “short haul” was a killer in my opinion. Much harder than OTR for my situation. Maybe not for others ,but I found it to be a constant battle to get everything done in a day’s time.

    Reply

    ironage August 9, 2013 at 7:03 pm

    There is some truth to that…but i guess it depends on the company. I used to drive local for an oil/fuel distributor…and my typical work day was 12 to 14 hours a day….and “on call” every other weekend. I worked there for 17 years and made decent money…but i had to leave because i was “aging out” of that kind of a work load. My bones just couldn’t handle it anymore.

    Reply

    sudon't August 10, 2013 at 9:03 am

    You ain’t kidding. Local is much harder work than OTR. My company expects me to violate, (by taking my thirty-minute break while I’m unloading), instead of stopping to eat something. I really can’t understand how these other guys go all day without a bite, or live on potato chips and slim-jims. I gotta have at least one meal in a fourteen-hour day. But if I stop to take that thirty-minute break, I’ll be stuck thirty minutes minutes from the terminal in a day cab. The only reason the thirty-minute break is a hardship for truckers is because the trucking companies refuse to change how they pay, and how they dispatch.

    Reply

    Brian W August 10, 2013 at 7:12 am

    You’ve hit the nail right on the head, Bryan.

    Just one of the reasons I went the O/O route nearly 12 years ago. Where I discovered it’s a heck of allot easier to just say ‘no’. Even after becoming an O/O, I feel like I’m part of the company, and I try to conduct myself as such. However, the company employs dispatchers and management that seem to have NO problem telling you (not asking you) that X, Y & Z needs to be done. That’s where my expanded vocabulary comes into play. ‘No’ should be one of the first words ANY driver should consider using in that micro-second it takes your brain to work through all the issues with the X, Y, & Z the dispatcher or management is telling you to do.

    Reply

    Ellis August 9, 2013 at 7:05 am

    We will never get any of these laws or rules repealed so why don`t we try get these rules to apply to everyone that drives anything.Just think about it everyone with a driver license has to get a physical and mail it in every two years,be subject to getting pulled over and getting inspected any a cop wants to,or have to do a pre-trip everytime they get in their vehicle and fill out an inspection sheet or be subject to random drug tests and keep all these records on file.Make them have an annual inspection and get a permit for every state they go into.I think a lot of things would chage if the rest of the population was treated like we are or if we acted like the rest of the country work 40 hours a week then go home even if most of it is spent waiting to be loaded or unloaded.

    Reply

    Rich Charles August 9, 2013 at 2:34 pm

    Sir
    What they are doing is taking away the 30 minutes from guys who spend more of their day getting in and out of their trucks making stopoff deliveries, than over the road drivers do in most months. I’ve worked both sides of that fence. I have no problem with the decision.
    Just take a minute and read the rule again.

    Reply

    Rhonda August 9, 2013 at 9:56 pm

    Amen!!!

    Reply

    Sir Byrd August 9, 2013 at 7:12 am

    When legislators see how much money is made in transportation industries they attempt to bleed them for as much tax revenue (i.e. government salaries) as possible.

    So, save your angst and recognize these things as inevitable.

    Reply

    Jason August 9, 2013 at 9:44 am

    yep

    Reply

    cheezburger August 9, 2013 at 7:26 am

    So is this final?! I told my company but they still want us to use the 30 minute break.
    I do about 50 stops a week mostly around or in big cities and it was cutting into my time so I would have to take a layover to comple it the morning after. Now we just got these elogs and I will now have to take a “real” 30 min break!
    So can someone tell me if this is official or just the suspension. Thank you

    Reply

    Jim smith August 9, 2013 at 7:55 am

    So all the stupid suites made a descision
    That amounts to nothing! That’s typical take care
    Of UPS, fed-ex and everybody else can go to hell ,as usual

    Reply

    Steve August 9, 2013 at 8:58 am

    In our operation we still need the 1/2 hour break..(even though they just made it legal not to) but talking logic, physics and human physiology is a waste of time with the vast majority of drivers.

    Reply

    Jhoe Dirt August 9, 2013 at 9:13 am

    It’s been law in California for many years now, they call it the California Meal Break. I guess they figured that if it worked in Cali, it woould work nationwide. I dont mind having to take a break, but every eighth hour? and has to be 30min ???? that’s ridiculous! once a day, between the 4th and 10th hour…ok, 15min enroute tiv + no off duty time required, sure…. another 15 min off duty between the 10th and 14th hour, no prob……BUT 30MIN EVERY 8TH…..NOPE! THAT’S DUM AND DANGEROUS, CAUSE NOW instead of the safe 10mph under the posted, I HAVE TO ACTUALLY BRING IT UP TO THE SPEED LIMIT ;) TO MAKE IT ON TIME.

    Reply

    Veles August 9, 2013 at 9:38 am

    Unless you going to unite and do something about it, you’ll be the sheep o this country…

    One of the biggest, also one of the softest work force on US.

    Shame on you!

    Reply

    Larry August 10, 2013 at 7:13 am

    Get real! I’ve been in this racket for 35 years and nothing has ever worked. yeah , we can all shut down but can everybody afford it? Not me and then you get shot at for trying to make a living. There is too many new drivers who will drive for next to nothing for big companies and it would never work. You sound like union material.

    Reply

    William August 9, 2013 at 11:33 am

    It makes sense, heres a scenario: You haul fuel, and unload twice a day, you are standing around outside of the cab, on duty not driving, waiting for the tank to drain. Why sit around doing nothing, finish unloading, then pull out of the way to park and sit another 30 minutes.

    Reply

    sudon't August 10, 2013 at 9:17 am

    What? Your company isn’t pushing you to count unloading as your break? Mine is. After all, you’re just standing there, staring at the hose. In the sun, dripping sweat. Lol. Try to think of it as a trip to the spa.

    Reply

    Rob August 9, 2013 at 12:10 pm

    I consider short haul to include those runs that get you back and home everyday. The maximum radius could be 300+ miles. But since it’s over the magic 150, then most likely you wouldn’t be able to get back, and would have to park it a half hour from home. Then it would snowball the next and following days, leaving you further and further away when you turn into a pumpkin for that day. Total waste of time, and a loss of money. Plus the clients that rely on a daily service line haul would get mighty upset. Just remove the 1/2 hour requirement entirely, enough of the one size fits all approach. The busybodys and tinkerers have never set foot outside a cozy college classroom or plush government office. What the hell do they know. And how dare they affect so many lives, profits and careers.

    Reply

    Larry August 10, 2013 at 7:02 am

    You are right on the snowball effect and also do these people actually think the majority of the drivers during that break is actually getting quality rest? I think not. They’re just sitting there staring at their watches for the starting gate to be opened so they can drive like heck to get the rest of their drops of etc. before their hours are up which is unsafe in itself.

    Reply

    Pete August 9, 2013 at 12:11 pm

    Man these fools are crazy. When I ran local LOL 100 Miles around home. 17 to 18 hours per day 7 days per week. I was give out not safe to be on the roads. But then I was running coast to Coast I would get a few hours sleep and was rested. Never could figure out why I could run 600 miles a day hauling Rocks or logs and people think I’m safer then on the road driver.

    Also one good think Tn has started is that Big Pete catching those 4 wheels doing what they have always done. Causing wrecks that always get blamed on the Trucker. Does not matter that is was a lady putting on her lipstick at 70 MPH while talking on the phone drinking her coffee and reading the news.. ITS the Truckers fault. Stay gone from homes all week and figure out what your Hour pay is?

    Start giving tickets to those around the trucks causing the wrecks and cut out most all wrecks.. Or all these with a class 8 tractor pulling an RV never driven anything other then there BMW. But there safe to jump behind the wheel of a big truck and pull a 40 ft camper. I’m building an old 1987 F800 Ford for this now. But feel everyone should have to play by the same rules. Would love to see RV’s have to play in the same sandbox as truckers..

    Reply

    mike August 9, 2013 at 1:16 pm

    Pete ,I agree with you . I think that every 4 wheeler driver should have to take a refresher course in driving 101.Take the written test over,then let it be mandatory that they have to spend a minimum of one week in a Cab over big wheeler before they take their road test again.then after that they should have more appreciation as to what we have to put up with out here .

    Reply

    alan August 9, 2013 at 1:20 pm

    I heard drivers like me that haul oversize loads are exempt from the 30minufe break if we were under a permit load.since we cant run nights an have 2 curfews already one n the morning an one in the afternoon… so are we exempt or not…..

    Reply

    Tim August 9, 2013 at 1:50 pm

    Just listen to the FMCSA clown show on the Sirius trucking channel. These idiots can’t answer ANY of the questions by the drivers who call in. According to the head clown Anne Ferrow, these new rules will have little impact on the industry. You call a cost of 367 million dollars little impact????

    Reply

    Rich Charles August 9, 2013 at 2:30 pm

    Ok,quit showing your anger and stop and read what they did to longhaul drivers. You have 11 driving hours in an honest days log. You are now required to take a 30 minute break,BEFORE, your 8th hour of driving,BEFORE is the key here. You drive 5 1/2 hours,take 30 minutes at a truckstop to take a soda/coffe break,use restroom or whatever. It only requires you stop for 30 minutes, not what YOU have to do with it! Ok, you drove 5 1/2 hours, took your 30 minutes, now, you have 5 1/2 hours left on your 11 driving hours. Then take your 10 hours off, you don’t need another 30 minutes off before completing the same cycle as above. Its simpler than most truckstop lawyers are trying to make it. Get up,get away from the front counter/driver area of restaurant and think for yourself. Not what every crybaby who can’t do anything BUT drive a truck because they thought everything would work their way and could reinvent themselves everywhere they go to work. They wouldn’t be happy anywhere. They never heard of OSHA. The manufacturer’s overseer!
    Yeah, I been doing this for 26.5 years, I hate the changes too, but know how to use them to MY advantage!

    Reply

    Bryan August 9, 2013 at 3:29 pm

    I agree Rich. It appears critical thinking has gone the way of the Burma shave sign. You would not believe how many drivers I encountered years ago (under old HOS rules) that had heard all their lives from old Joe,Jim etc that one could only drive ten hours per day.

    Reply

    Rhonda August 9, 2013 at 10:26 pm

    I try not to reply to much cuz I hate starting arguments (it seems like when I give my opinion someone always pisses me off) but Rich I agree. Why not use that 30 minutes in a constructive manner, such as a shower for some, a meal is a perfect example of using that break wisely, I don’t know many truck drivers that can go for 11 hours without eating. What really frustrates me is the restart, I don’t go home often and my company has plenty of miles so I sometimes fill my 70 hour time card up in less than 6 days and that screws me up for 2 days. Now I can figure out how to use my 30 minute break to my advantage but can someone help me with making this restart work for me without giving up my miles? ? ?

    Reply

    Rick August 9, 2013 at 4:39 pm

    Forgive me if I’m wrong but aren’t the local/short haul drivers (150 miles or less a day) NOT governed by HOS anyway? How is this a win?

    Reply

    jeff August 9, 2013 at 6:50 pm

    Personally I feel the 30min break is bs and it gets into my day of delivering loads on time they should remove that law let us work so we get things done in our day

    Reply

    eric August 9, 2013 at 7:52 pm

    drive safe and fill out your logbook like Big Brother wants to see it. not so hard. why get wrapped around the axle about it? I can hear your answer – “but I have electronic logs”…so, ditch that company or buy your own truck. I will play their silly game but I wont be their slave.

    Reply

    Larry August 10, 2013 at 7:05 am

    Help! I want out!!

    Reply

    Brian W August 10, 2013 at 7:20 am

    It’s about time! FINALLY someone that has some sense has made a decision re HOS regs that will actually HELP the professional driver! Unfortunately, not all drivers will be on the receiving end of this good news, but it’s a start.

    The 150 mile radius from my dispatch base will cover about 80 percent of the loads I do. Granted, some days I put on 650 miles round trip, but those loads come around 4 or 5 times a month. Those load will be covered by the 30 min waste of time rule, but it’s something I can live with as the load only requires one stop to unload, and I can get ‘em done in 11-13 hours, depending on traffic and weather.

    Free at last! Free at last! Thank God Almighty, we’re free at last from at least ONE stupid rule!

    Reply

    Tim August 16, 2013 at 3:18 pm

    You better re-check the rule on FMCSA website. It is 150 mile radius for NON CDL holders.
    100 mile radius for CDL holders. ( Air mile radius)

    Reply

    rich August 11, 2013 at 6:41 pm

    I watched the whole hearing. I’d agree the representation on behalf of all OTR drivers was lackluster. The short haul industry was better represented and the results of the appeal reflected it. No offense to the owner/operator but there are other’s who could have expressed impact to otr/longhaulers as well. Instead he is talking about truck stop food quality.

    Reply

    road_runner August 13, 2013 at 8:27 am

    Won’t be too much longer until there won’t be enough people around to put up with this crap. People are already leaving the industry faster than they can rehire them. Keep it up. Soon everyone else will pay the price with higher shipping costs and higher costs for their goods. All fingers will point at the FMCSA when they look for blame. Maybe the FMCSA can conduct a “lab study” on how excessive rule making affects the transportation industry.

    Reply

    Iwannacamp August 13, 2013 at 7:55 pm

    “sensible, data-driven approach to CRAFT this regulation”??!!

    Reply

    Collin August 14, 2013 at 4:39 pm

    My biggest issue with the new HOS rules are the one 34 hour restart per week. If I get back once on a Saturday and I can’t make it back before 1 Am, I now can’t start any earlier than 5 am or later depending on when I get back, unless I recap the next week to set a new restart time for the following week. Would be all fine and dandy, but the truth is, recapping isn’t possible most of the time without running out of hours half way through the week. There is no reason that I have to use the restart at the same time as my last restart 7 days prior if I get done earlier during another week. I don’t mind if I can’t start til 5 am every once in a while but every single week until you get a recap opportunity is dumb. Keep appealing boys, We all know that most of the problems on the road are not caused by us.

    Reply

    CJ Lykes August 16, 2013 at 7:57 am

    There have always been laws and regulations and police to deal with individuals who break the laws, as it should be. But this cookie cutter approach is ridiculous. Deal with the individual as an individual . We don’t need more rules we need enforcement of the basics. I’m tired of being put in a group and being forced to comply with ridiculous grade school mentality rules and regulations. I have worked very hard to own my business and do ok with it. I have always run legal and don’t need to cheat to make a living. I love what I do! I’m an American Trucker, Not a driver. When you figure out the difference you will either be much happier or get out of the business, the sooner the better! My hat comes off to the hard working men and women who keep on pushing on despite the ongoing assault on or way of life! This

    Reply

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