Ten hours a day driving? FMCSA

TeamCaffee

Administrator
Staff member
Owner/Operator
If you want to continue driving eleven hours get your letters sent off to FMCSA. As a team ten hours a day will rotate our schedules to times when neither Bob nor myself will be safe to drive.

Fleet Owner; Friday, February 18, 2011

HEADLINE: FMCSA leaning to 10-hour limit on truck drivers behind the wheel

Byline: Sean Kilcarr, senior editor, Feb 18, 2011 12:23 PM

CRYSTAL CITY, VA. The Federal Motor Carrier Safety Administration (FMCSA) is now in favor of limiting truck drivers to just 10 hours behind the wheel under its hours of service (HOS) reform proposals. That is a reduction of an hour from the 11-hour drive time limit in effect under the current rules. However, that being said, the agency won’t make a final decision until it receives all the comments from the ongoing “listening sessions” it’s conducting.

“We currently favor a 10-hour driving time limit, but our ultimate decision will include a careful consideration of all the comments that we receive and the testimony we hear at this listening session,” said Larry Minor, FMCSA Associate Administrator of policy and program development, at the session held here yesterday.

“So we haven’t made up our minds as to whether it will be 10 or 11 hours yet, but we prefer 10 hours,” he stressed.

Fleets at the FMCSA listening session were quick to provide data showing that the agency’s HOS proposals would negatively impact their operations.
“We calculated that the productivity impact of the proposed rule would be a negative 4.27%,” said Don Osterberg, senior vp-safety and security for Schneider National. “We also found under the current proposal that we would get [our] drivers home 25% less than we do today.”

He added that Schneider’s “baseline” length of haul of 501.7 miles would shrink to 478 miles. And that 24-mile per-day decline would mean the carrier would have to increase its driver pay by roughly $3,000 per year per individual to compensate for the mileage reduction.

“That [pay increase] is probably appropriate anyway, considering the market we are going into, with [personnel] supply and demand being what it is, I think we’re going to have to increase driver pay,” Osterberg noted. “But this is certainly an element that is going to add cost to the supply chain.”

Bob Petrancosta, vp-safety for Con-way Freight, said his company completely overhauled its entire operation to maximize efficiencies based on the 11 hour drive time limit – changes that would come with a huge price tag if they had to be undone.

“Since the current HOS rules went into effect in 2004, we reduced the number of terminals in our system from 500 to 365,” he said. “Moving back to a 10-hour drive time limit would disrupt the movement of freight within our system and force us to realign both infrastructure and assets, while relocating many of our employees. We’d also need more drivers to service the same amount of freight and would be forced to put more trucks on the road during the daytime.”

Safety advocates, however, are generally pleased with the FMCSA’s stance favoring a 10-hour drive time limit. But Henry Jasny, general counsel of the Advocates for Auto and Highway Safety (AAHS), said they’d prefer an 8-hour drive time limit.

“In our view, we would like drive time to stay at eight hours, but we know the agency won’t propose that,” he stated. “So if the best we can get is 10 hours that is acceptable. We think this is a reasonable restriction and the industry functioned under it for decades.”

He added that the groups he represented – which included Public Citizen and the International Brotherhood of Teamsters as well as AAHS – also wanted to do away with the 34-hour restart provision entirely. “We think this is far too short a time period for drivers to gain restorative sleep,” Jasny said.

Barring that, he said the agency’s proposal to mandate two back-to-back midnight to 6 a.m. off-duty periods to use the 34-hour restart provision acceptable. “But if you really want a simple rule with less complexity, get rid of the 34-hour restart,” Jasny stressed. “This has made the HOS rules more complicated.”

Yet John Spiros, vp-safety and claims management for Roehl Transport, noted that the midnight to 6 a.m. break could actually lead to more problems, forcing drives to start their work day at often the most heavily congested period on major urban roadways. “Some cities, like Atlanta and Boston, actually restrict trucks from operating at that hour,” he explained. “So this part of the proposal would actually complicate the lives of all the stakeholders involved in this issue.”

Todd Spencer, executive vp of the Owner-Operator Independent Drivers Assn. (OOIDA), said the ultimate problem with FMCSA’s reform effort is that it’s trying to forge a rigid “one-size-fits-all” set of rules on an industry that encompasses many different styles of operations.

“For example, certain hazmat [hazardous materials] and DoD [Department of Defense] shipments demand that drivers can’t take breaks for safety and security reasons, yet under these new [HOS] regulations drivers must take a 30 minute break,” he noted.

“Trucking is such a diverse industry, yet the goal here is one rule applicable to all,” Spencer stressed. “That just won’t work because one rule doesn’t make sense for all.”

What’s also needed is more flexibility within the rules, so carriers and drivers alike can “work around” all the other parties involved in the supply chain, he said.

“Remember that truck drivers don’t set their schedules,” Spencer explained. “They bump up against that 14 hour on-duty work day limit because they’ve been held up at a dock for six or seven hours. By our calculations, truck drivers spend an average of 30 to 40 hours per week waiting at docks. That is because shippers and receivers put their efficiency needs ahead of the rest; that is where the focus needs to be.”

That’s why truck drivers can’t be held to rigid HOS rules, he stressed. “You can’t ignore the environment that they live in,” Spencer added. “We want drivers to be given the tools and support so they can drive when they are fresh and can rest when they need to.”
 

ATeam

Senior Member
Retired Expediter
If you want to continue driving eleven hours get your letters sent off to FMCSA. As a team ten hours a day will rotate our schedules to times when neither Bob nor myself will be safe to drive.

Diane and I are a team too but I don't see much difference in the effect a 10 hour shift would have on us vs. 11 (I can see a big difference for solo drivers). Can you elaborate? How exactly will a 10 hour driving shift make it unsafe? What am I missing?
 

Bruno

Veteran Expediter
Fleet Owner
US Marines
Diane and I are a team too but I don't see much difference in the effect a 10 hour shift would have on us vs. 11 (I can see a big difference for solo drivers). Can you elaborate? How exactly will a 10 hour driving shift make it unsafe? What am I missing?

Good point Phil. All of our trucks run team also. Now what would be nice is, if they let the teams do five and five again. That means you have a fresh driver every five hours.
 

layoutshooter

Veteran Expediter
Retired Expediter
They could also drop the total number of hours we could drive and allow teams to work/drive 8 on and 8 off around the clock. No problem with rest etc.
 

layoutshooter

Veteran Expediter
Retired Expediter
They could also drop the total number of hours we could drive and allow teams to work/drive 8 on and 8 off around the clock. No problem with rest etc.
 

TeamCaffee

Administrator
Staff member
Owner/Operator
We switch drivers between 2-3 in the morning and in the afternoon between 2-3 depending on where we are in the country. We are able to stay as the driver on duty twelve hours so that our time rotates slowly and before it changes much we usually have a day off to get back on our regular schedule. I am concerned that if we drop back to the ten hours our time will rotate more quickly.

We do not want to see the time go back to five on five off as we were constantly exhausted. This way we get enough sleep at one stretch to drive our shift with no problems. With that being said when I first started driving I had a hard time driving five hours as I was exhausted.
 

layoutshooter

Veteran Expediter
Retired Expediter
That is why "fixed" HOS laws do not serve safety. Everybody is different. We did far better and were far more rested on the 5 and 5 rotation. 8 and 8 would even be better.
 

ATeam

Senior Member
Retired Expediter
That's right. Everybody is different. The fundamental flaw in both the present and proposed HOS regs is that the regs make it difficult if not impossible for drivers to manage their own biorhythms.

Back when five and five was allowed, it was not a requirement. Ten and ten were allowed too. Drivers like Linda and Bob could opt for ten and ten. Drivers like Joe and Jen could opt for five and five. Flexibility like that would be nice to see once again. Make it even more flexible and add an eight and eight option.

Make it better still by giving drivers the flexibility to sleep without penalty when they feel the need to take a nap.
 
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Vinnie T

Seasoned Expediter
Or.... They could just leave us the heck alone and not do any more stupid things to hurt the economy! How about deal with REAL issues like unemployment, illegal aliens, trade imbalances, national deficit! Leave the few people working alone and not do anything to put even more of a strain on the economy.
 

purgoose10

Veteran Expediter
If they started thinking more on the lines of drilling for oil right here in America than messing with transportation we'd be a lot better off.:cool:
 

moose

Veteran Expediter
I was almost amassed of how many teams simply refused to fax over my comment letter .
they all had the same answer :
' we don't care, we are a team it will not effect us '
out of (i think ) 22 , only one team.

however ,i did get 3 TEAMSTERS drivers to sign it ,at an Ill-E-nois pick up ,and we faxed it over .
(2 yrc,one conway).

my letter of comment can be found here :

http://www.expeditersonline.com/forum/general-expediter-forum/45502-hos-comment-letter.html

the letter only address safety concerns ,not economic ,
you are encouraged to print it out ,and fax it over.
Thanks.
 

nightcreacher

Veteran Expediter
Moose,I sent my answer to the fmcsa directly.I put the need for teams to be on a split clock,such as a 5 and 5 split.On another note,back when we didi the 5 and 5,we didndt split driving 5 and 5,we split being awake 5 and 5,worked great for us.The 10 or 11 hour rule makes it tough on teams,especially when a short run comes to play
 

teamjdw

Expert Expediter
We have always ran on 10hr shifts. This way we never run out of hours,no need to reset. They should leave the current hos the way they are. We are adults,not children who need to be told when to sleep.
 

nightcreacher

Veteran Expediter
In your ten hour split,if you have a slow to load shipper,you wont run out of hours,but you could run out on your 14.Remember,if you start your day at 0800 2000, your time is up.Your co-driver going to sleep from 0600 to 2000 when they have been sleeping all night while you were waiting for your morning pick up
 

greg334

Veteran Expediter
1 - even though the rules are not made for everyone, it is made for the majority of drivers who haul LTL/TL.

2 - how many expediting teams are there compared to how many LTL/TL drivers?

I don't see an issue either way 10 or 11. I like 11 but it is a regulation I have no choice but to live with.

With that said if you can't manage your time as a team, then there's a problem with your management of the team - not the HOS.
 

nightcreacher

Veteran Expediter
not the management of your team ,but yor internal clock.myself and many others find it difficult to sleep the ten hours,or even just ride for a few hours and be fully rested after the time off
 

greg334

Veteran Expediter
You know Steve, we are supposed to be professionals but I see more and more a lack of professionalism in this industry daily. If the rules change, then we have to change with them, it they become unreasonable, then we can fight back as a group but we have yet to do this ever because we can't even form a group to fight.

The issue is safety, they are using that as an excuse while at the same time it is their purpose, to ensure safe roads not for just the outsiders of the industry but for everyone. If they change it to ten hours, the impact may be great to some of us while others will not hurt by it at all.

TO expect different rules for different parts of the industry illustrates the exact problem within this industry - we think as individuals and never as a group. NO one seems to be willing to complain about the trucker dumping p*ss out the window so why should we expect anything less than fighting as a group to keep things stable or to fight for something better.

As I said, if you can't manage your time as a team, then there's a problem with your management of the team - not the HOS. And as you countered with the internal clock thing which I understand but I have to say if you can't be safe and within the rules, then don't be in this business at all.
 

ts675

Seasoned Expediter
We have always ran on 10hr shifts. This way we never run out of hours,no need to reset. They should leave the current hos the way they are. We are adults,not children who need to be told when to sleep.

I agree Jeff, However not everyone out here is as responsible as most and have to be told to go to sleep. I agree also with the idea of 8/8 for teams, I also had no problem with the 5/5 the 10 on 10 off thing is very difficult for me as I am always fighting with my internal clock. Sometimes day driving some times night, Several good solutions but truthfully will they listen?
 

cheri1122

Veteran Expediter
Driver
Flying J in Ardmore, Ok [and hopefully other locations] has a stack of blank forms on the fuel desk counter than are to "Tell the DOT what you think".
Fill one out, and TransFlo it! [They are bar coded for that.]
 
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