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Safety groups, Teamsters seek delay in HOS final rule

Driver fatigue will worsen under new provisions, petitioners assert

Deadline for reconsideration petitions July 1. (Photo: Jim Allen/FreightWaves)

Four safety groups and the International Brotherhood of Teamsters filed a joint petition Tuesday with the Federal Motor Carrier Safety Administration (FMCSA) to delay the hours-of-service (HOS) final rule scheduled to go into effect on Sept. 29.

The Teamsters, along with Advocates for Highway and Auto Safety (AHAS), the Truck Safety Coalition, Parents Against Tired Truckers, and Citizens for Reliable and Safe Highways (known as CRASH) assert in their formal petition for reconsideration that the four rule changes, issued last month, will exacerbate driver fatigue.

“Each one of them has some real troubling provisions and we think they are all equally very concerning,” Peter Kurdock, general counsel for AHAS, told FreightWaves. “That’s why we’re asking them to stay the effective date of the rule until they’ve had an opportunity to fully review the issues that we’ve raised in our petition.” Kurdock declined to discuss the details of the petition until it was posted by FMCSA.

The deadline for reconsideration petitions is Wednesday. The FMCSA has no set amount of time to review the petition, Kurdock noted, “but we’re confident they will do so in a prompt manner.”


While much of the trucking industry — from large fleets to small-business owner-operators — has generally welcomed the changes as increasing flexibility for drivers to manage their workday, safety advocates and labor unions say work-rule changes have contributed to driver stress and fatigue, leading to more deaths caused by crashes involving large trucks.

“In an effort to increase so-called ‘flexibility’ for trucking companies, the FMCSA is abandoning safety and allowing drivers to push themselves to the limit even further,” Teamsters General President Jim Hoffa said in responding to the new rules.

“Extending the workday to 14 hours for CDL-qualified short haul drivers will result in an increase in occupational injuries and driver fatigue,” added Lamont Byrd, director of the Teamsters’ Safety and Health Department. “We are also concerned with the revised rest break provision. This revised rule could allow a driver to spend hours performing physically demanding work and then drive up to eight hours without having to take a break.”

Democrats in Congress are also seeking a delay in the HOS final rule as a provision in the House version of the reauthorization of the FAST Act surface transportation bill. However, the provision, if passed by the House, is not likely to be included in the Republican-led Senate’s version of the bill.


Related articles:

House Democrats propose delay of hours-of-service rules

Safety advocates considering HOS rules challenge

FMCSA issues final driver HOS rule

Click for more FreightWaves articles by John Gallagher.

16 Comments

  1. B

    Talk to the truckers. We know what it takes to be safe out here. If these so law makers want to pass a bill. Get your CDL and drive for a year or 2 then go back to the table and come up with a policy or ask the drivers plan and simple

  2. Gregory D Miller

    These people that make the rules and the ones that are on opposition know very little about the trucking life..just saying.

    1. Elmer stamm

      Look all trucking jobs are not the same trying to force all of us under one or two plains just dont work. If you want Elds to work it should go by what the driveing jobs about. We have lost a lot of money by not getting load on or loads off on time. This is what stresses drivers. Im going to tell it like it is recks and deaths are mostly do to traffic. Or 4 wheelers . dearing the corona virus look down for two mounth i seen 2 semi accidents. In TWO MOUNTHS
      SO TO STOP ACCIDENTS GIVE TRUCK DRIVERS WHAT THEY NEED . LET THEM DRIVE THERE TRUCKS THERE OS NO COMPUTER SHOULD NEVER TELL A DRIVER WHEN HE CAN DRIVE AND WHEN TO PARK. YOU REALY NEED TO FIX THIS .
      SO HERES THE DEAL GET ELDS TO FIT THE WORK . NOT ONE SIZE FITS ALL TRUCK DRIVEING IS NOT THE SAME EVER SINGLE DAY. WE ALL DO DIFFERENT JOBS. SO SHOULD THE ELDS!!!!

  3. Jerry

    The ELD mandate in itself pushes drivers to the limit and promotes driver fatigue. The HOS themselves promote tired driving and create more stress. There needs to be major changes in order for it to work. The way they are now is 100% awful for what it’s supposed to help. It’s absolutely backwards. And, what a surprise. The clowns that make the rules have no idea how they actually work and the affect they have as they’ve never done anything involving a CMV besides cutting them off in traffic.

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John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.