A clash over federal truck driving rules highlights the philosophical differences between unionized shops and independent truckers.
The International Brotherhood of Teamsters joined highway safety groups to challenge the 30-minute break rule changes implemented in 2020 by the Federal Motor Carrier Safety Administration (FMCSA). Opposing counsel in the case includes the Owner-Operator Independent Drivers Association (OOIDA) and FMCSA, who argue that increased flexibility improves safety. Both sides brought compelling arguments to the U.S. Court of Appeals for the District of Columbia Circuit, where a three-judge panel recently heard oral arguments. These are the FMCSA rule changes at issue, according to a DOT fact sheet.
- Short-Haul Exception: The short-haul exception maximum allowable workday is changing from 12 to 14 hours, and the distance the driver may operate is extending from a 100 air-mile radius to a 150 air-mile radius.
- Adverse Driving Conditions Exception: The adverse driving conditions exception is extending the duty day by up to two hours when adverse driving conditions are encountered. This is in addition to the extra two hours of driving time already allowed. This change applies for both property (14-hour driving window) and passenger (15-hour on-duty limit) motor carriers.
- 30-Minute Break Requirement: The 30-minute break requirement can now be satisfied by an on-duty, not driving break (in addition to an off-duty break). The requirement for property-carrying drivers is applicable in situations where a driver has driven for a period of 8 hours without at least a 30-minute interruption.
- Sleeper Berth Provision: The sleeper berth provision allows drivers to split their 10-hour off-duty period in different ways (e.g., 7/3, 8/2, 7.5/2.5), provided one off-duty period (whether in or out of the sleeper berth) is at least 2 hours long, and the other involves at least 7 consecutive hours spent in the sleeper berth. The periods must add up to 10 hours, and when used together, neither time period counts against the maximum 14-hour driving window.
From a Teamsters perspective, allowing companies to insist things like refueling or doing paperwork count as break time flies in the face of the work-personal time distinction. Although responsible freight and fleet operations prefer truckers to get actual rest, the rule does crack the door to misuse. Adding drivable hours on top of eliminating non-task off-time may increase risk while not paying drivers for their time.
But members of the OOIDA are self-employed, and flexible break times are more likely to increase safety and profitability. Independent truckers do not necessarily have a supervisor mandating how they utilize hours of service and can take breaks based on how they feel.
“The agency found that drivers are likely to take breaks when they need rest anyway,” FMCSA lawyer Brian Springer reportedly said. “The drivers are often stopping to get food and use the bathroom. When they need time to rest and take a break, they will do so.”
By that same token, owner-operators who feel pressure to earn could attempt to push through fatigue into unsafe driving hours.
The Teamsters and OOIDA both appear on solid ground in terms of securing the best work environment for their constituents. The federal judges have a tough call to make that either favors independent truckers or company-employed drivers.
Sources: landline.com, freightwaves.com
I think the union wants to change the 30min wedge off to 15 min and allow driver to then take 15 min nap until the 30 minutes is probably used
My opinion the 30 minute (i call it lunch break) Should be off duty only. Stacking freight or unloading should not be comsidered off duty.
Boy. Being an independent
I realize the burden imposed by earn as you go. A duty break break should consist of anything out of the drivers seat that does not require acceleration of the truck or freight. Keeping your driver and his/her piece of mind active
I agree with you
All I can say about this my friends is buckle up because the government is planning on doing to the trucking industry the same as the energy industry. They want to regulate it so bad so that they can control how and when you eat , sleep, crap, shower and so on. I came out of the oil and gas industry and watched the in fighting on both sides. Just when you think you have a voice the side you think might be helping you is pushing that knife deeper into your back. That thing that thinks he’s head of transportation you can forget about because he can not do anything. You all keep it on the road and have a blessed day.
The 30 minute break is complete bs. This is just more ignorant paper pushers making rules. I take more than 30 minutes in an 11 hour shift without the required garbage being shoved down my throat. The FMCSA is a fraudulent group of idiots that take corrupt money by corrupt organizations like the ATA.
The hour of service rules and or regulations, either by a Union or FMCSA, are nothing but control features enacted to control drivers with little or no concern for safety. We are adults, treat us like adults and not like kids and you will see accident rates decrease as well as productivity increase. We are all different and our needs differ. A 30 minute break is ok for some drivers and some need an hour and a half. There are drivers that need 4 hours of sleep to be fully rested and then you will find others require 14 hours of sleep. Physical needs vary and the HOS rules as well as Union ideas do not take personal needs or requirements into consideration. A driver should have the right to control his/her own life and make his/her own decision not a Union or the Federal Government.
I agree, the 30 minute break is BS. Designed to appease the union crybabies. The purpose, for OO, LP and company drivers is to break up the monotony of the road, to get our blood circulating. I can do that fine while fueling or swapping trailers. All it does is extend my work day by 30 minutes thereby making me more tired. Maybe have different rules for union crybabies and actual truck drivers.
This couldn’t be an actual driver who could be this stupid! Must be an owner of a small trucking company who treats his low-paid drivers like indentured servants. Actual truck drivers you’re a joke.
It’s really still very simple. Take your 30 minute break 2 eat or nap & LOG OFF DUTY. It’s not rocket science. Start driving again, log on driving. Don’t need a bunch of office suits and unions making EVERYTHING complicated. In the end, it’s your log record. It’s your responsibility to keep it proper.
Well we know what transpired with paper logs. Current crop of race-to-the-bottom steering wheel attendants can’t be trusted. I don’t blame the government-at all.
It’s crazy that these o/o business owners (haha) want to fight fair and sensible rules for employees. If you have to race around like a feral animal because you choose to engage in a piss-poor business maybe you should rethink your career. You’re no just like your fellow low-paid port drivers here who ruined a good industry and lower themselves to scurrying around like scattering rats or cockroaches. Or in the alternartive you should leave your third-world states and move to some third-world country where you can really do whatever you want. You won’t be missed here.
jackoff u seem like a typical union loser , no worries my man as I and fellow operators will continue to drive wedge and whatever during my 14 hr on duty shift, cry tough
Cool knock yourself out tough guy. I’ll be laughing all the way to my (large) direct deposits.
Here in Australia, we have a 30min break also….
I use this time for a powernap or a meal break to divide my work day into 2 shifts.
Sometimes I take 60mins….
Regardless of what sector you work in, by the time you shit, shower or eat, 30mins goes fairly fast and it clears the brain fog…..
However, we drivers take this break naturally and there really shouldnt be a requirement to mandate it…..
Mr. Carberry,
I have been driving for 33 years and I have driven company trucks and was even part of the unions for 10 years. I now own my own truck and I set my own schedules and I do what I want. My father spent 35 years in the union and refused to help me get into the unions because they are now a joke. I watched the unions protect dangerous and unsafe drivers and that’s why I am no longer part of the unions. The unions have their place and they at one time in history did great things but not any longer. But again that has nothing to do with the bs 30 minute break. Every driver is different and a break period should not be mandated
I think how a driver satisfies the “30 minute break” should be at their own discretion. If they choose to fuel or do something else than do it. If they want to take a legitimate break then that’s up to them. Our company allows us to choose just as long as we take it. I like the way they are now versus the required off duty not driving. Just let drivers drive.
With the sorry state of current drivers-especially owner operators-this type of mandated control is necessary. Just like ELD’s, breaks, random drug testing and hopefully soon speed limiters.
Was filling up my new RV at a truckstop the other day and inside it looked like the Star Wars bar scene. I don’t blame normal people for not wanting to drive truck anymore. A better business idea would be to buy a lawnmower and a blower.
I’m sure glad I’m retired!
Jack Carberry, for a retired truck driver you sure spend a lot of time in this here comments section putting drivers down. I guess it hurts not being a productive member of society any more. Enjoy that new RV of yours just make sure to keep it kut of our way. Drive safe old geezer.
I’m not convinced they are really drivers. If they are god help us all. I did my time-safe driving no accidents always being safe and professional-and have earned the right to comment when I see ignorance/stupidity from those of you less-experienced.
Only the facts sorry if it hurts.
Union Cry babies (LMAO). I drive doubles I like the fact my break can be accounted for while building a set. how ever the downside to the is doing 640 mile runs two stops and being governed at 63 MPH most times leaves you racing the clock putting me and others in unsafe situation’s. Many times I arrive with 15 min. on my drive clock with no traffic jamb ups or adverse weather conditions. Other times 3 to 5 min. This I believe is driven buy the company’s need to save fuel. (Cost savings)