Bothered & Bewildered
Implementing new hours rules has many drivers panicked.
Deborah Whistler
Editor
The new hours of service rules represent the most significant change for the industry since deregulation. And everyone seems to agree that it's the drivers who will bear the brunt of this change.
Drivers I've talked to aren't very happy with their interpretation of those changes. We've even been asked how to get around the new rules, because drivers feel they will take it on the chin if they run legal.
The biggest jolt will come with the new 14-hour on-duty rule. Drivers can still log meals and rest breaks as off-duty, but they count toward the 14 hours. So does waiting — for breakdown assistance, vehicle repairs, to be loaded or unloaded.
That 14 hours can be stretched slightly with what's called the split-sleeper berth option, but when we went to press there were some conflicting interpretations that worried drivers, fleet managers and law enforcement.
For instance, let's say that after 10 hours off-duty you drive five hours, take five hours in the sleeper, drive another 4 1/2 hours, take another five in the sleeper, and drive three hours.
The split sleeper rule calls for two periods in the sleeper berth totaling 10 hours. Neither can be shorter than two hours. Total driving time before and after each sleeper period can't be more than 11 hours. Combined driving time, on-duty time and off-duty time before and after each period can't be more than 14 hours.
The sleeper berth periods in our example appear to be valid, but some say they aren't. Once a driver violates the 11-hour driving rule or the 14-hour on-duty rule, an otherwise valid sleeper break no longer counts, according to Thomas Marlow, division administrator for FMCSA's Georgia office. "The only way to get legal," he says, "is to take 10 consecutive hours off."
So in our example, would an inspector say you exceeded the 14-hour on-duty rule in that second driving period (five driving, five sleeper, 4 1/2 driving equals 14 1/2 hours), thus the first sleeper period doesn't count?
FMCSA has said that sleeper and off-duty periods can be combined for the required 10 hours of rest if they're taken consecutively. But a single sleeper berth period of less than 10 hours can't be combined with a non-consecutive off-duty period to extend the 14-hour clock. So what if, after that 4 1/2 hour driving stint, a driver pulls into a terminal or arrives at home? Does he have to take another five hours in the sleeper to validate the first sleeper period, even if the truck is parked in his driveway?
Some supporters of the new rule argue that time lost with the stricter 14-hour on-duty limit can be offset by the 34-hour restart. But it's been estimated that only about 10% of drivers will benefit from the restart option. Under the old rules, drivers in truckload operations seldom bumped up against the 70-hour limit. With the new rules, most are likely to work shorter days, rather than risk getting stuck spending 34 hours somewhere they don't want to be.
The restart rule also doesn't consider quality of life issues. For instance, a driver who gets home at 8 p.m. Friday night could be legal to drive at 6 a.m. Sunday, but that's not much of a weekend. And continuous use of the 34-hour restart creates "walking" weekends — Friday night to Sunday morning one week, Thursday night to Saturday morning the next, etc. That's not likely to be a popular choice for drivers — or their families.
The news may not be all bad. Trucking has always used drivers as a buffer for inefficiencies. Now, hopefully, carriers and shippers will be forced to use drivers' time more productively.
Carriers need to clamp down on shipper and consignee delays by imposing and enforcing cost penalties for delays.
However, shippers are already worried about price increases driven by tight capacity in trucking, and clearly aren't ready to see their budgets squeezed even more.
"This can't be a lightning rod for broad-based rate increases," warned Tony Brooks, vice president of transportation services for Sears, Roebuck & Co. But he also acknowledged that there is "general apathy and ignorance" about delays and other inefficiencies that end up costing drivers. "Shippers have some responsibility for keeping the trucking industry viable for the long-term," he said. "You gotta act like you own the truck and the driver is your driver. If you look at a carrier in that way, you will start doing things differently."
Breaks and meals now count as work, but the new rules might finally convince shippers and carriers that making drivers wait is a waste.
E-mail Deb at dwhistler@truckinginfo.com
