Watch Now


Hours of service changes might be coming soon. The industry will be safer if they pass.

Commentary

Late Thursday evening Texas Rep. (R) Brian Babin introduced a bill in the House that will change the hours of service regulations for American truckers. The bill is intended to modifiy the 14 hour rule and would allow drivers to enjoy a three-hour break without the time counting against the driver’s available hours. 

The act, called “The Responsible and Effective Standards for Truckers (REST) Act” would require the Department of Transportation to update Hours of Service regulations to allow a rest break once per 14-hour duty period for up to 3 consecutive hours as long as the driver is off-duty, effectively pausing the 14-hour clock.  However, drivers would still need to log ten consecutive hours off duty before the start of their next work shift.  It would also eliminate the existing 30-minute rest break requirement. 

While Rep. Babin has become a polarizing name in trucking circles with his fight over the ELD mandate, changing the hours of service rules would allow drivers to judge their own bodies and current conditions. It would also be an enormous victory for truckers. We also argue that it will make the industry safer. 

FreightWaves’ own Chief Analytics Officer, Dean Croke (who ran data science at the largest ELD provider in North America) argued that the 14 hour rule should be scrapped all together. In his article, Why the 14-hour clock rule is the most dangerous of them all, Croke states that “the idea that by regulating hours worked we somehow magically ensure drivers are well-rested for the next shift is completely flawed.” 

He describes that drivers need to have flexibility built into their available hours. Current regulations force drivers to compromise sleep schedules to maximize their earnings.

Drivers are paid on a per mile basis, but their capacity to earn is limited by how many hours they are able to drive. The more time drivers are delayed at docks, the less time they have to drive and earn. When shippers create delays, drivers end up pushing harder to make up for lost time.

Also (and perhaps less appreciated) is the impact of disrupted sleep caused by inconsistencies in the shipper community around loading/unloading schedules. 

The politics of this debate will play out over coming months and there will be a lot of arguments here. As an organization that believes the answer lies in data and not in political expediency, we are of the opinion that the REST Act is one where data is on Babin’s side. We get millions of ELD data points daily, which we use to answer all sorts of questions around economics, capacity, pricing, driver behavior and safety. Based on our analysis, the drivers that experience the most volatile dock loading and unloading schedules are also the most prone to incidents or accidents.

Clearly, the irregular pattern at which shippers operate has an enormous impact on driver sleep schedule. Anyone that has traveled on a multi-city business trip with flight delays can relate to how exhausting this is.

In an ironic twist, ELDs that Rep. Babin fought so passionately against will end up proving that his proposed REST bill will make the industry safer. Overhauling the HOS rules and allowing for the driver to take a break without penalty will end up encouraging drivers that need a nap the opportunity to do so. 

While ELD data can not prove Rep. Babin’s view that the ELD mandate is the “Dodd-Frank law of the trucking industry,” it can prove that driver fatigue without the opportunity for a break is a recipe for disaster. 

As with any regulation change, carriers would want to ensure that this time is not given up to shippers for their own benefit. ELDs, combined with blockchain has the potential to prevent this from happening. ELDs record dock times and with blockchain carriers can find out what average wait times and schedule are at a given stop, prior to accepting a load. They can also hold shippers accountable for having inconsistencies either in the form of detention or refusing to accept their loads to begin with.  

Stay up-to-date with the latest commentary and insights on FreightTech and the impact to the markets by subscribing.

54 Comments

  1. Yuksel

    Go back to 8 sleeping 10 deriving do recap no 14 or 34 restart I drove 65 for year’s now I drive 75 to make time not safe at all

  2. Davi

    Lower the 10hr consecutive to 8hr and use that 2hr as drive decrection during the day for person time instead of pilling all at the end of the run

  3. Alex

    John sounds like or not a driver, or day time drive, 5 pm truck stop shot down. Govern my ass. I drive night on empty roads and scales close. And drive fast when you sleep day time stick in traffic driver. Then not pull your view on others. Let people drive what they want. Open scales? Go oregon, enjoy. Not immediately understand babbins new hos. Have to try to see. Sounds better then present. No opinion without trying.

  4. Mr Jones

    Shippers and receivers should have some type of Regulation that holds them responsible for excessive time drivers have to wait from their appointment.

  5. David

    John, your ideas have some merit. European trucking companies pay either by the hour, including time spent sitting at docks (we are still on the job after all – duh), or by straight lump salary, assuring a steady income.
    However, the idea of regulating private 4-wheelers begs the question : How much power are you willing to impart to big brother?

  6. John

    Carriers Will Use The Three Hour Rule To Their Benefit, Not The Drivers!!! Drivers Will Not Stop For A Three Hour Break!!! They Won’t Have The 30 Minutes To Have To Break, Resulting In Not Stopping And More Fatigue, As Usual Speeding, Causing More Harm!!! We Need Regulations!!! It’s Real Simple Too!!! 12 Hrs On And 12Hrs Off!!! Just Like Local Drivers!!! The Wages Law Needs Changing Too!!! It Needs To Be Set That All Drivers Get $16.50 An Hour With A Max Of $25.00 An Hour!!! O/O Need To Relieve Mileage Pay As Well As Hourly Pay, To Pay For Fuel, Maintance, Ect!!! All Trucks Need To Be Required By Law To Be Governed At 74Mph!!! This Includes O/O!!! Then, The Government Needs To Governed Four Wheelers At 78Mph!!! All Non-commercial Vehicles!!! All Loads Need To Be Booked At 55Mph!!! This Will Allow Time To Ensure Any Slip Ups That May Accur!!! All Trucks Must Be Equipped With A Logging Device!!! No Exceptions!!! Open Up More Parking!!! There Is Not A Driver Shortage!!! This Is A Lie!!! All Scale Houses Need To Be Reopened And Complete Multi Full Blown, DOT Inspections!!! Get These Trash Trucks Off The Roads!!! Four Wheelers In All States Need To Be Enforced Once A Year, By Full Blown DOT Inspections!!! These Wannabe Small Timing Trucking Companies Need To Be Shut Down!!! You Will See How Much More Productive, Safer The Roads Will Be!!!

    1. Dan

      If your rules ever become law. I will quit and leave the country. You want to clamp down on the trucking industry through gov’t. Limit pay, limit the work time. This sounds like socialism. Oh, by the way if I want to go 80 mph I will.
      4,000,000 miles of accident-free driving. So get out of my way!

    2. Dal

      You sir with all due respect are a damn idiot and need to move on out of this free country. Because who are you to tell me what I am worth as a driver who gives you the right to dictate on how much another man makes while sacrificing time away from his family.
      And for your precious ELECTRIC logs you can stuff them up your ass. Anyone that has been out here any length of time and has payed attention can tell you since the mega companies have installed elds the drivers seems to think small towns and truck stops are drag strips to make up time.
      If you want safer roads start doing a better job of training . These $7000 three week driviing schools are a joke.Not to mention the fact that these mega companies will hire these people and within 6 months will make them a trainer.Damn man I have had these steering wheel holders come up and ask me how to do the basic things that every chance driver should know before they are let out on there own.
      We don’t need elds and we damn sure don’t need more government control. In case you have not figured it out anytime the government touches anything they fuck it up. So go back to your 9 to 5 job and leave the trucking to us and quit trying to dictate what I need to earn. I don’t see you dictating what these over paid sports players make so again leave us the hell alotand let us do our jobs

    3. Kris

      Wow, you really want the government to control every aspect of the industry. I believe you are living in a wrong country. Maybe you should consider moving to China or maybe North Korea would be a better place for you. There every aspect of your life would be controlled by the government that’s what you want right? You dont want people to actually decide and take responsibility for their actions you want government to regulate them. Great idea!! Shut down small wanna be trucking companies?!!! Very american way. Where did you come from? Obviously you hit your head at birth thats why you never produced nothing in your life, you just drive for someone else and probably still complain how many hours you have to work, that is why you would like to work 12/12. Lazy bastard. The 3 hour proposed is a great idea which will allow driver to leave early before rush hour get to his destination take 3 hour brake before app without loosing any time out of the 14 hrs. That equals safety. Not driving during rush hour=less traffic=less posibility for accident=safe arrival to destination=3hrs break=rested driver before proceeding with his day=on time delivery/pickup=everybody being happy=only you complaining like a little bitch.?

    4. Jason

      Wow. You’re an idiot. Especially wanting to put a maximum on earnings….$25/hr max? I make well over that now. And wtf is with you capitalizing every single word? Moron.

Comments are closed.