FMCSA Plans Implementation Of New HOS Rules
Oliver B.Patton
Washington Editor
Barring any other interference, new hours of service rules will be in effect by the end of January, according to a schedule set forth by the Federal Motor Carrier Safety Administration.
The safety agency intends to publish the new rules by May 31, but will take eight months to prepare for implementation. That means the rules will not be enforced until February 1, 2004, at the latest. It is possible that the agency will publish the rules sooner, which will move the implementation date forward.
Details of the rules were still under wraps as HDT went to press. Unofficially, however, sources indicate that the new package will be much simpler than the one proposed three years ago.
That proposal, which was met with resounding criticism by the truck and bus industries, envisioned a tiered system in which different types of operations would have different requirements. These details still are subject to change, but according to sources, the revised version will be more one-size-fits-all, built around a 24-hour clock limiting drivers to a 14-hour tour of duty with 10 hours off. Actual driving time in a 24-hour period will be limited to 11 hours. Electronic onboard devices to record duty time will not be part of the rule, but will be left to a separate rulemaking.
Under the implementation plan, the safety agency will set an effective date 60 days after the rule's publication, but enforcement will not begin until eight months after publication. The agency needs this time to train enforcement personnel. More than 8,000 federal, state and local officials will need to learn the new system. "It's a big job," said agency spokesman Dave Longo.
In addition, the agency will have to modify its computer systems and manuals, and publish educational material for the public. It also believes the industry will need the time to make adjustments in its operations so it can comply with the new rules.
The current rules will remain in effect during this period.
Despite these plans, it is possible that the new rules will be delayed even longer than eight months. The one constant in the long-running saga of hours of service reform has been loud disagreement: Something about whatever proposal is on the table has infuriated someone. Given that history, it seems possible, if not likely, that the upcoming version will stir one or more interest groups to try and block the rules in court.
A similar scenario is being played out now on another controversial trucking issue - opening the Mexican border to long-distance trucking. Even though rules are in place to ensure that Mexican trucks are safe, opponents of the opening have kept the border closed by challenging the Bush Administration's handling of environmental requirements (see related story on page 38).
Washington Report continued...
