Overview of FMCSA s Proposed Hours of Service Rules For Truck Drivers. Rob Abbott Vice President of Safety Policy American Trucking Associations
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1 Overview of FMCSA s Proposed Hours of Service Rules For Truck Drivers Rob Abbott Vice President of Safety Policy American Trucking Associations
2 Background 2003 Final Rule 2003 Legal Challenge 2005 New Rule 2005 Another Legal Challenge 2007 Interim Final Rule 2008 Another New Rule 2009 Another Legal Challenge 2009 Settlement 2010 Proposed Rule Pending
3 Timeline December 2010 FMCSA Published Proposed Rule February 28, 2011 Public Comment Period Ends July 2011 New Final Rule Published (Not Immediately Effective) January 2012? June 2012? Final Rule Becomes Effective
4 Proposed Changes Driving Time 10 Hours Preferred by FMCSA 11 Hours Possible Work Day Driving Window Generally 14 Hours Can be Extended to 16 Hours Twice A Week On-Duty Time Limited to 13 Hours Even if 16 Hour Work Day
5 Proposed Changes Rest Breaks At Least 30 Minutes Within First 7 Hours Total At Least 1 Hour During Shift Three Hours During 16 Hour Day Restart Restrictions Minimum 34 Hours Two Periods of Midnight to 6 a.m. Limited to Once a Week
6 How the 34 Hour Restart Works Date Day Hours On Duty 12/1/10 Wednesday 5 12/2/10 Thursday 9 12/3/10 Friday 10 12/4/10 Saturday 9 12/5/10 Sunday 10 12/6/10 Monday 12 12/7/10 Tuesday 4 12/8/10 Wednesday 12/9/10 Thursday Total Hours On-Duty In This 7 Day Period = 59
7 How the 34 Hour Restart Works Date Day Hours On Duty 12/1/09 Wednesday 5 12/2/09 Thursday 9 12/3/09 Friday 10 12/4/09 Saturday 9 12/5/09 Sunday 10 12/6/09 Monday 12 12/7/09 Tuesday 4 12/8/09 Wednesday 2 12/9/09 Thursday Total Hours On-Duty In This 7 Day Period = 56
8 Date Day Hours On Duty 12/1/10 Wednesday 5 12/2/10 Thursday 9 How the 34 Hour Restart Works 12/3/10 Friday 10 12/4/10 Saturday 9 12/5/10 Sunday 10 12/6/10 Monday 12 12/7/10 Tuesday 12/8/10 Wednesday 12/9/10 Thursday 4 (off at noon) 7 Day Period 34 Consecutive Hours Off-Duty Total Hours On-Duty In This 7 Day Period = 0
9 34 Hour Restart Current Rule Tues 1 a.m 2 a.m. 3 a.m. 4 a.m. 5 a.m. 6 a.m. 7 a.m. 8 a.m. 9 a.m. 10 a.m. 11 a.m. 12 p.m. Tues 1 p.m. 2 p.m. 3 p.m. 4 p.m. 5 p.m. 6p.m. 7 p.m. 8 p.m. 9 p.m. 10 p.m. 11 p.m. 12 a.m. Wed 1 a.m 2 a.m. 3 a.m. 4 a.m. 5 a.m. 6 a.m. 7 a.m. 8 a.m. 9 a.m. 10 a.m. 11 a.m. 12 p.m. Wed 1 p.m. 2 p.m. 3 p.m. 4 p.m. 5 p.m. 6p.m. 7 p.m. 8 p.m. 9 p.m. 10 p.m. 11 p.m. 12 a.m. Thurs 1 a.m 2 a.m. 3 a.m. 4 a.m. 5 a.m. 6 a.m. 7 a.m. 8 a.m. 9 a.m. 10 a.m. 11 a.m. 12 p.m. Thurs 1 p.m. 2 p.m. 3 p.m. 4 p.m. 5 p.m. 6p.m. 7 p.m. 8 p.m. 9 p.m. 10 p.m. 11 p.m. 12 a.m. Fri 1 a.m 2 a.m. 3 a.m. 4 a.m. 5 a.m. 6 a.m. 7 a.m. 8 a.m. 9 a.m. 10 a.m. 11 a.m. 12 p.m. Fri 1 p.m. 2 p.m. 3 p.m. 4 p.m. 5 p.m. 6p.m. 7 p.m. 8 p.m. 9 p.m. 10 p.m. 11 p.m. 12 a.m.
10 34 Hour Restart Proposed Rule Tues 1 a.m 2 a.m. 3 a.m. 4 a.m. 5 a.m. 6 a.m. 7 a.m. 8 a.m. 9 a.m. 10 a.m. 11 a.m. 12 p.m. Tues 1 p.m. 2 p.m. 3 p.m. 4 p.m. 5 p.m. 6p.m. 7 p.m. 8 p.m. 9 p.m. 10 p.m. 11 p.m. 12 a.m. Wed 1 a.m 2 a.m. 3 a.m. 4 a.m. 5 a.m. 6 a.m. 7 a.m. 8 a.m. 9 a.m. 10 a.m. 11 a.m. 12 p.m. Wed 1 p.m. 2 p.m. 3 p.m. 4 p.m. 5 p.m. 6p.m. 7 p.m. 8 p.m. 9 p.m. 10 p.m. 11 p.m. 12 a.m. Thurs 1 a.m 2 a.m. 3 a.m. 4 a.m. 5 a.m. 6 a.m. 7 a.m. 8 a.m. 9 a.m. 10 a.m. 11 a.m. 12 p.m. Thurs 1 p.m. 2 p.m. 3 p.m. 4 p.m. 5 p.m. 6p.m. 7 p.m. 8 p.m. 9 p.m. 10 p.m. 11 p.m. 12 a.m. Fri 1 a.m 2 a.m. 3 a.m. 4 a.m. 5 a.m. 6 a.m. 7 a.m. 8 a.m. 9 a.m. 10 a.m. 11 a.m. 12 p.m. Fri 1 p.m. 2 p.m. 3 p.m. 4 p.m. 5 p.m. 6p.m. 7 p.m. 8 p.m. 9 p.m. 10 p.m. 11 p.m. 12 a.m.
11 Other Changes Discussed Elimination of Short-Haul Exemption For Non-CDL Holders Within a 150 Air-Mile Radius Expansion of Existing 100 Air-Mile Radius Exemption Limited to 12 Hours On-Duty Daily On-Duty Restriction for Nighttime Drivers Limited to 12 Hours On-Duty Daily
12 Carrier Impacts Additional Trucks & Drivers Needed Due to Reduction in Productivity Shorter Length of Haul Resulting From 10 Hour Restriction Inability to Serve Rural Markets Due to Short Length of Haul Increased Costs Due to Reduced Capacity
13 250 Miles Impact
14 Shipper Impacts Less Efficient Dedicated Operations Due to 10 Hour Restriction More Congested Pick-Up & Delivery Windows Due to 34 Hour Restart Restrictions I.T. Investment Expenses To Reprogram Distribution Management Systems Training Expenses To Orient Personnel to the New Requirements
15 Since 2004 Truck Related Fatalities Down 33% Why Change These Rules? Truck Involved Fatalities (2003 to 2008) Truck Related Injuries Down 39% All Traffic Fatalities Down Only 21% Number 5,500 5,240 5,000 5,027 5,235 4,822 5,036 4,500 4,229 4,000 3,500 3,380 3, Years Truck Mileage is UP! VMT (Millions) 230, , , , , , ,000 Truck Vehicle Miles Traveled (2004 to 2008) 222, , , , , Year
16 DOT Recordable Collisions by Driving Hour 100.0% 80.0% 86% 88% Why Change These Rules? Percent 60.0% 40.0% 20.0% 0.0% 13% 11% 1% 1% Driving Hour Oct Jan Q: How many fatigue-related fatal crashes occur each year? A: Generally, FMCSA believes truck driver fatigue is a factor in 5.5 percent of the fatal crashes involving large trucks. FAQ On Electronic On-Board Recorders FMCSA 4/2/2010
17 Since 2004 How Do They Justify These Changes? Category 2008 Rule 2010 Rule Percent of Fatigue- Related Fatal Crashes 8.15% (Based on FARS) 13% ( Based on LTCCS Associated Factors ) Operational and Administrative Costs $2.5 billion (based on 10 hour driving and no restart) $1.03 billion (based on 10 hour driving, 2 night restart, 13 hour duty limit) Crash Reduction Benefits $300 million $720 million Health-Related Benefits 0 $690 million (from change in mortality risk due to additional sleep) Net $2.2 billion in COSTS $400 million in BENEFITS* ** The range in annual net benefits is -$410 million (i.e., annual cost of $410 million) to $1.1 billion
18 Since 2004 How Do They Justify These Changes? The benefits consist of safety benefits from the reduction in fatigue-related crashes and health benefits from drivers working long hours potentially getting more sleep and reducing their mortality risk Hours of Service Rule Regulatory Impact Analysis FMCSA 12/20/2010
19 How Can You Get Involved?
20 How Can You Get Involved?
21 Questions and Answers
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