A rift between the Teamsters, safety groups, and non-union truck drivers has emerged over a legal challenge to hours-of-service rules.
The Federal Motor Carrier Safety Administration (FMCSA) altered key provisions regarding hours-of-service and necessary rest periods in 2020. Trump Administration officials reportedly reviewed upwards of 8,000 comments and sought input from wide-reaching organizations. After completing the Notice of Proposed Rulemaking process, the FMCSA implemented the following changes.
- Increase safety and flexibility for the 30-minute break rule by requiring a break after 8 hours of consecutive driving and allowing the break to be satisfied by a driver using on-duty, not driving status, rather than off-duty status.
- Modify the sleeper-berth exception to allow drivers to split their required 10 hours off duty into two periods: an 8/2 split, or a 7/3 split. Neither period will count against the driver’s 14‑hour driving window.
- Modify the adverse driving conditions exception by extending by two hours the maximum window during which driving is permitted.
- Change the short-haul exception available to certain commercial drivers by lengthening the drivers’ maximum on‑duty period from 12 to 14 hours and extending the distance limit within which the driver may operate from 100 air miles to 150 air miles.
The International Brotherhood of Teamsters, Advocates for Highway and Auto Safety, Parents Against Tired Truckers, and Citizens for Reliable and Safe Highways zeroed in on the 30-minute break changes. The outfits filed a civil lawsuit to strike down the rule change, and their appeal recently reached the U.S. Court of Appeals for the District of Columbia Circuit.
“Overall, although the final rule pays lip service to safety and driver health, it ignores factors that affect safety and health, and it fails to demonstrate that the changes were the product of reasoned decision-making. The final rule’s provisions on short-haul operations and the 30-minute break requirement are arbitrary and capricious and should be set aside,” the groups’ petition reportedly claims. “The final rule also does not adequately respond to a study showing a 383 percent heightened crash risk among drivers using the short-haul exemption, and does not explain why expanding the work hours of short-haul drivers, who typically make many stops throughout the day, would not be expected to increase the incidence of occupational injuries among such drivers,”
By contrast, the FMCSA appeared to be in sync with non-union trucking organizations and drivers who value commonsense safety measures. That’s largely because Washington, D.C., bureaucrats do not necessarily possess the tires-on-the-road experience to understand the nuances of driving truck. In many ways, the previous administration put flexible safety decision-making in the hands of women and men who do the job. That may be why organizations such as the Truckload Carriers Association, Owner-Operator Independent Drivers Association, and American Trucking Associations (ATA) supported the changes.
“No rule will satisfy everyone, even within our industry, but this one – crafted with a tremendous amount of input and data – is a good example of how by working with stakeholders on all sides, government can craft a rule that simultaneously benefits the industry, specifically drivers, and maintains highway safety,” Randy Guillot, ATA chairman and president of New Orleans-based Triple G Express, reportedly said. “The agency should be commended for their efforts, and we appreciate their willingness to listen throughout this process.”
The Teamsters and safety organizations may be troubled that truck drivers will abuse the flexible rest options. However, responsible CDL professionals will be able to more efficiently do their job and take breaks when they feel early signs of fatigue. The U.S. Court of Appeals for the District of Columbia Circuit gave the FMCSA and supporters a January 2022 deadline to respond.
Sources: freightwaves.com, autobala.com
So just a thought while out here with my husband…the 30 minute break does nothing. Not enough time to rest. And usually is taken on the side or even in the middle of a 4 lane highway. (Chicago for example) Wherever you happen to be, you stop and pull over….. Definitely not a safe rule at all.
Safety has never been the issue. It’s about government control. In any other job you can work a double shift, then jump in your car and drive for an unlimited period. But apparently, we as professionals aren’t qualified to tell when we’re tired.