Posts Tagged ‘NASSTRAC’

15 Industry Groups File Suit Against HOS

Wednesday, August 8th, 2012

FMCSAWhen the Federal Motor Carrier Safety Administration revised the hours of service provision to include two consecutive breaks between the hours of 1 a.m. and 5.am., reducing a driver’s work week from 82 to 70 hours and becoming effective July 1, 2013, it prompted many debates.

Last week, fifteen industry groups decided to fight back, filing a suit against the ruling.  These group include the American Bakers Association, Food Marketing Institute, Intermodal Association of North America, International Food Distributors Association, NASSTRAC, National Association of Manufacturers, National Chicken Council, National Grocers Association, National Private Truck Council, National Retail Federation, National Turkey Federation, Retail Industry Leaders Association, Snack Food Association, U.S. Chamber of Commerce, and U.S. Poultry & Egg Association.

Among the problems the groups are arguing the provision would result in include higher costs, the reduction of safety on the road, and lead to economic harm for agriculture, manufacturers, and retail supply chains and distributors.

As National Grocers Association President Peter Larkin states, “The Federal Motor Carrier Safety Administration clearly failed to take into account critical information such as costs on the entire supply chain that NGA and others provided in public comments.” 1

One of these costs reflects back on food manufacturers who need to deliver their products while they are fresh to their customers.  A delayed shipment can mean the difference between an accepted load and one that needs to be destroyed.

“It is the retail industry’s responsibility to get products to market and into consumers’ hands in a safe and timely manner. It is a responsibility that we hold dear. Any new regulation that impedes that ability increases our transportation costs, increases consumer prices and jeopardizes the fragile economic recovery,” the National Retail Federation notes. 2

And with a driver’s work week being reduced, carriers need to recruit additional drivers in an already tight driver pool, to account for lost time on the road.  Joni Casey, Intermodal Association of North America President, explains, “The 34-hour restart change is particularly problematic as it will reduce a driver’s present work week and impede the scheduling flexibility necessary to service…a negative impact that affects one will likely have a ripple effect across the entire supply chain.” 3

In fact, the Food Marketing Institute predicts that their transportation costs would increase between 10% and 20%, and therefore, trickle this increase down to the retail level. 1

The National Grocers Association adds that the restart provision would “add tens of thousands and in some cases millions in new costs on wholesale operations,” not to mention add congestion to the road, increasing safety concerns. 1

With the increasing number of groups stressing their concerns over the FMCSA’s hours of service, we are providing some tips to help you prevent scheduling dilemmas.

*Stop bidding out your business year over year.  No one gets used to the “players.”  Instead, establish and grow your relationship with a specific carrier(s).

*With that being said, work hand-in-hand with carriers to schedule routine shipments.  If a carrier knows that a particular lane will run a specific time each week or month, they can schedule backhaul, cutting back on costs for both the carrier and shipper.

*If you do not have a load that ships on a specific time of week/month, it is best to plan your lanes ahead of time.  Giving carriers a day or more notice can help them position their equipment efficiently.

*It is also beneficial to add additional carriers in cases where your primary carriers do not have the availability.

What changes do see the FMCSA’s HOS provision as having on the entire supply chain?  Are you involved with any of the organizations filing suit?  We would like to hear your comments below.

1http://supermarketnews.com/laws-amp-regulations/retail-groups-challenge-trucking-rule

2http://www.truckinginfo.com/news/news-detail.asp?news_id=77658

3http://www.progressiverailroading.com/intermodal/news/IANA-part-of-legal-brief-filing-in-FMCSA-hoursofservice-rule-case–31905

President Signs Highway Bill Part 2: The Effects of the 34-Hour Restart Provision on Carriers/Shippers

Wednesday, July 11th, 2012

This is the second of four articles regarding passage of the highway bill and its affects on truckers and shippers.

According to the highway bill signed by the President last Friday, the Federal Motor Carrier Safety Administration is required to “conduct a field study on the effectiveness of the 34-hour restart provision in its hours-of-service rule.” 1

When the FMCSA presented its hours-of-service ruling last December, it chose to revise the 34-hour restart provision to include two consecutive breaks between the hours of 1 a.m. and 5 a.m., with an effective date of 2013.

But trucking groups, such as the American Trucking Associations (ATA) as well shippers, including the shipping association NASSTRAC, have been fighting against the 34-hour restart provision, which they believe would do more harm than good.

The Effect on Truckers and Shippers

With two consecutive breaks between the hours of 1 a.m. and 5 a.m., drivers are arguing that their work week would be drastically reduced from 82 to 70 hours.  Less hours equals less miles and sequentially less pay for those trying to make a living.

Not only does this decrease hit the pockets of the drivers, but in return the trucking company, which now has to account for this loss of time.  As one trucking company notes, “This restriction means that the company will need between 5% and 15% more hours to get the work done.” 2

In that case, it should come as no surprise that this decrease in work hours would lead to productivity problems, limiting a driver’s time on the road, which could cause delivery complications.  These complications spell trouble for shippers who will be facing increased rates to get these shipments picked up and delivered on time due to driver shortages, which then trickles down higher costs to consumers.

Shippers/receivers will also face changes in scheduling, with the need of advanced notice.  As one driver explains, “The changes are going to have to be made at the plants that I haul into. They are going to have to come up with an earlier schedule and stick to it some way so that we have more then a 12-hour notice of where we are loading. That way if I have to plan a camping trip in the truck then I can do so. That way I can pack a few things so that when I get off loaded then I can start heading for the next load spot and take my 10 when the clock runs out. But then they are going to have to start raising the rates because I refuse to camp in my truck for a 100-150 dollar load.” 3

Aside from higher rates and productivity problems, the ATA and others are arguing over the increased congestion and safety risks that would result.  The ATA states that “by mandating drivers to include two periods between 1 a.m. and 5 a.m. as part of a ‘restart’ period, FMCSA is assuring that every day as America is commuting to work, thousands of truck drivers will be joining them, creating additional and unnecessary congestion and putting motorists and those professional drivers at greater risk.” 2

In addition, the ATA goes on to state that “The largest percentage of truck-involved crashes occur between 6 a.m. and noon, so this change not only effectively destroys the provision of the current rule most cited by professional drivers as beneficial, but it will put more trucks on the road during the statistically riskiest time of the day.” 2

In order to ease concerns, the bill would require that the FMCSA do a field study that is to be completed by March 31, 2013, which either supports the rule and puts it into effect or would lead to a modification of the ruling if not supported. 4

Have questions about the FMCSA’s 34-hour restart provision?  Then check out the FMCSA’s questions and answers section regarding the ruling at http://www.fmcsa.dot.gov/documents/hos/HOS_Rule_QAs.pdf.

Do you believe that the FMCSA made the right choice in revising the 34-hour restart provision in its hours-of-service rule to include two consecutive breaks between the hours of 1 a.m. and 5 a.m.?  What do you consider to be the biggest circumstances of this revision?  List your comments below.

Stay tuned for an upcoming article on the effects of the creation of a federal alcohol and drug clearing house.

1http://www.ttnews.com/articles/basetemplate.aspx?storyid=29646&t=Congress-Passes-Highway-Bill

2http://www.thetrucker.com/News/Stories/2011/12/22/ATAObamaadministrationsfinalHOSruleputssafetyinthebackseat.aspx

3http://www.thetruckersreport.com/truckingindustryforum/trucking-industry-regulations/164305-fmcsa-releases-hours-service-final-rule.html

4http://www.truckinginfo.com/news/news-detail.asp?news_id=75960&news_category_id=3