In The News
Congress starts on fix for bill oversight that left out 34-hour restart
WASHINGTON — Congress has begun work on a fix for an oversight in the FY 2016 omnibus appropriations bill that in essence eliminated the 34-hour restart provision.
The Senate Appropriations Committee voted 30-0 Thursday to approve the FY2017 Transportation and Housing and Urban Development and other agencies appropriations that includes language dealing with the oversight.
The bill maintains suspension of the post-July 1, 2013, restart measure that included the requirement for two off-duty periods from 1 a.m. to 5 a.m. limited use of the restart provision once a week unless the current Congressionally-mandated restart study concludes that provision provides significant improvement in all outcomes related to safety, operator fatigue, driver health and longevity over the rule in effect prior to July 1, 2013.
The industry is currently operating under the pre-July 1, 2013 rule because Congress suspended the newer restart provision in December 2014.
Should the study not find the July 1, 2013, rule does not show significant safety outcomes, the bill requires the Federal Motor Carrier Safety Administration to make permanent the pre-July 1, 2013 rule with a caveat.
If the 34-hour restart rule in operational effect on June 30, 2013, is restored to full force and effect, a driver who uses the restart provision may not drive after 73 hours in any period of seven consecutive days where the seven-day measurement period moves forward one days at might each day.
The pre-July 1, 2013 rule provides for unlimited use of the 34-hour restart and does not require the two consecutive 1 a.m. to 5 a.m. periods.
Trucking industry stakeholders prefer the pre-July 1, 2013, provision, saying the rule implemented July 1 2013, decreases productivity and forces more trucks on the road early in the morning.
The American Trucking Associations, which had been working with lawmakers to correct the oversight in the FY2016 bill, applauded Thursday's vote.
"ATA is pleased that the Committee took such swift action on a bipartisan Fiscal Year 2017 Transportation-Housing and Urban Development Appropriations bill, which includes a provision that underscores Congress' intent that America's truck drivers can continue utilizing the hours-of-service restart provision if a congressionally-mandated study is unable to demonstrate the July 2013 restart restrictions improve driver safety and health," said Sean McNally, ATA vice president of public affairs and press secretary.
The Trucker staff can be reached to comment on this article at [email protected].