HOS Fantasy- If you could write the regulation...

No they are not, they don't require a vote in congress to get approved, there is no real oversight on most of them and they are created and enforced primarily within the department that they are created in.

I wish they were, we would have a better chance of changing things with congress than with the FMCSA.

As for the fantasy, we are stepping towards what it is like in Europe from what I've read, but the Canadian HOS are good enough for us and we should adopt them. I don't believe that we need to have fatigue exemptions or other things like that, for the 60 plus years of using the old rules, we got along well enough under the same conditions that we drive in now.

 

Thanks (again) for answering my question. We were probably taught what these terms mean in what they used to call "social studies" (maybe they still do), not one of my favorite subjects back then (it is now though). As my handle suggests, math has always been my favorite subject.

Here is a paragraph I found on a web page that describes how regulations relate to statutes, which are laws enacted by some legislative body (the paragraph is discussing state regulations but I think it must also apply to federal):

"Authorized by statutes, regulations (sometimes called rules or administrative laws) have the effect of law. Someone violating a regulation is, in effect, violating the law that created it. Regulations are designed to increase flexibility and efficiency in the operation of laws. Many of the actual working provisions of statutes are embodied in regulations."

 

A regulation passed by a govt agency w/out a legislative body codifying it into LAW--is called a RULE--thus the title HOS RULES

 

The only problem with exempting drivers from overtime and having to pay overtime, is there will be ways to get around it by carriers. Shorter runs with more time on them so overtime is not needed. Putting more of the better freight that might be more time critical on O/O leased to them or sourcing it out to independents. Any number of scenarios. This is why overtime has not been addressed meaningfully over the years for trucking, it is not like the same thing as a regular job you go to. You have drivers, rightfully so, bellyaching now about having to sit waiting on a load. Addressing overtime so that it must be paid will just compound that problem. But one thing for certain, carriers and such will find ways to making pickup and delivery schedules that will not require overtime. Short runs, saving the longer more lucrative runs for their O/O or some other similar scenario.

It is similar in ways to the Obamacare mandate. Many folks lost their health insurance, had benefits restricted, or even had to fend for themselves. I always worry about any idea that wants government to come to the rescue. It never seems to work out well. Even when the government goes after a bad actor, they fine the snot out of whoever they go after, but none of the fines and penalties actually go to whomever they wronged. it just goes to the government. Sure, with a mandate, you do have some winners, but there tends to be more losers than winners.

 

Set up classes of drivers, entry level drivers 10 hrs driving, rules like we have now, I know it is 11 now, but for entry level drivers 10 hours driving. After 300,000 miles and no accidents regulations dismissed except for driving time, now at 12 hours. After 500,000 miles accident free, regulations are dismissed, pending a yearly review of driving reports. At any time a accident occurs, driver is put back to lower level regulations. Driver puts up a 100,000 bond to be cashed in by any accident victims. Just my .02, nothing more.

 

mandatory 1 year training/apprenticeship for first year cdl class a license, keep the 11 hr driving/10hr break rule, change sleeper berth provision to any 2 periods totaling 10 hrs(throwing out that 8/2 hour crap), change the 14 hour rule from a clock to total on duty before 10 hour break is needed(similar to the old 15 hour rule).


As for the usual "antigubberment crowd", congress authorized FMCSA to come up with and enforce these regs. You think this is the only industry with hours of service regulations? Airline pilots have even stricter regulations to follow, and have for years. Maybe you need to come up with something better that than "unelected agency" stuff some as an excuse to blame the black guy for everything.

 

I would get rid of HOS all together. It's a waste. If you get in a wreak because of lack of sleep, you should rot in jail. If you can be pushed by a dispatcher or shipper to drive when your tired, you are weak, and should not be in trucking.

 

A bigger problem would be having to file an income tax return for every state through which you passed. Drivers & owner operators are currently exempt from such an onerous requirement due to the Amtak Act of 1990, but only if exempt from the overtime requirements of the Fair Labor Standards Act.

 

Correct. According to the quoted paragraph in my last post, state (and I would assume, federal) rules (aka regulations) exist only when there is a law saying they can exist, but these laws are probably like a skeleton I am guessing, with all the meat going into the rules.