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The Battle Continues…ATA Files Suit Against Hours of Service Rule

Friday, February 17th, 2012

On February 14th, the American Trucking Associations (ATA) stated that they had no choice but to file suit against the Federal Motor Carrier Safety Administration (FMCSA)’s final hours-of-service ruling.

ATA

The rule, published in the Federal Register last December, upheld the current 11-hour daily driving limit, but did accompany some changes.

According to the FMCSA’s website:

*A driver “may drive only if 8 hours or less have passed since end of driver’s last off-duty period of at least 30 minutes,” effective July 1, 2013. 1

*On-duty time “does not include any time resting in a parked CMV.  In moving CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth.  Also applies to passenger-carrying drivers,” effective Feb. 27, 2012. 1

*“Waiting time for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in ‘remarks’ or a separate added to ‘grid,’” effective Feb. 27, 2012. 1

But perhaps the biggest change that have drivers will endure come July 1st, 2013 is the 34-hour restart provision which “must include two periods between 1 a.m.-5 a.m. home terminal time.” 1 This decision is said to reduce a driver’s work week from 82 to 70 hours, which would lead to productivity problems since a reduction would limit a driver’s time on the road, which could cause delivery complications and increased rates for shippers (which then trickle down to higher costs for consumers).

As of this month (Feb. 27th), drivers who exceed their hours by 3 or more will face maximum penalties.

The ruling resulted from two lawsuits filed by groups including the Public Citizen and Teamsters union fighting towards constricting drivers’ hours, prompting the FMCSA to revise their initial rule if Public Citizen suspended their lawsuit.

At the same time, Public Citizen acknowledged that they would renew their suit if they opposed the final ruling.

And they were not the only ones threatening a lawsuit if they did not agree with the FMCSA’s decision.

The ATA, who pushed for the FMCSA to uphold the current HOS rule, which has been in effect for seven years now, based on its proven effectiveness and cost issues, also emphasized that if the FMCSA changed the current rule, they would take action.

And they did.  Earlier this week, the ATA filed suit with the U.S. Circuit Court of Appeals to overturn the FMCSA’s ruling, saying that “FMCSCA and the Obama administration have put the ATA and its member companies in a position to take this legal action.” 2

According to ATA President Bill Graves, the FMCSA’s decision was based on “changed assumptions and analyses that do not meet the required legal standards.” 2

Graves is referring to an earlier argument that the ATA presented claiming that the FMCSA manipulated crash statistics in order to justify a reduction in a driver’s hours of service to reduce fatigue related accidents, nearly doubling the statistics from the 7 percent figure that the FMCSA had always claimed to be accurate.

The ATA has been arguing that the current HOS rule has already proven effective in improving crash prevention, stating truck-related crash reduction statistics.  Safety groups, however, rebutted this statement, explaining that there is no data that directly correlates crash reduction statistics to the current HOS rule, nor any one particular factor for that matter.  But the ATA continues to hold true to their belief.

Joining the ATA’s opposition towards the FMCSA’s final HOS ruling are other groups who believe the rule would lead to productivity problems, rising costs to conduct business, increased crash risks, late deliveries, and pollution.

In fact, a December poll conducted shortly after the rule’s passing showed 93% of voters being opposed to the decision.

As one driver noted in a discussion regarding the rule that drivers “may drive only if 8 hours or less have passed since end of driver’s last off-duty period of at least 30 minutes,” “This mandatory 30 min. break is crap and robs us of 30 minutes of work time, which could mean it robs us of 30+ miles of road depending on the work that was done during the day.  I know that it will greatly affect the work that I do, especially on our slightly longer runs.  Either the boss is going to have to hire more drivers due to the loss of available on duty time or both the plants we haul into are going to have to slow down production and cut loads and they will not be able to pull product from the farther reaches of the state.” 3

And many people have similar expectations, believing that more drivers will need to be hired to account for the 82 to 70 hours cut, not to mention raise their rates.

But drivers will not be the only ones who will be affected.  With the 34-hour restart provision, shippers/receivers will be making some changes as well.  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

And it doesn’t stop there. Everyday commuters will be experiencing a difference as well.

Have you ever went on vacation and left early in the morning to avoid the traffic or to arrive at your destination at an earlier time?  If so, you may find that an 8-hour trip now turned into 11 hours or more due to congestion.

“Do they realize how many thousands of drivers will be sitting waiting for 5 a.m. to hit the road just in time to blend with rush hour traffic by the time pretrips, hooking loads, etc. is done? one commenter asks. 3

And with the ATA filing suit, other safety advocate groups may be soon to follow with the Teamsters already indicating that they would renew theirs. 2

How do you feel the FMCSA’s hours-of-service rule will affect drivers?  Shippers/receivers?  Commuters?  Do you agree with the final rule or feel that it needs to be overturned?  What would you like to see changed?  List your comments below.

1 http://www.fmcsa.dot.gov/rules-regulations/topics/hos-final/hos-final-rule.aspx

2 http://www.truckinginfo.com/news/news-detail.asp?news_id=76087

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

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93% of Commenters Oppose Final HOS Ruling

Wednesday, December 28th, 2011

Productivity problems, rising costs to conduct business, increased crash risks, late deliveries, and pollution are just a few problems groups are stating in response to the FMCSA’s final HOS ruling released on Dec. 22nd.

FMCSA

The ruling chose to maintain the 11-hour daily driving limit but revised the 34-hour restart provision to include two consecutive breaks between the hours of 1 a.m. and 5 a.m., a decision that would reduce a driver’s work week from 82 to 70 hours.

This decrease in work hours would lead to productivity problems since a reduction would limit a driver’s time on the road, which could cause delivery complications and increased rates for shippers (which trickle down to higher costs for consumers).

According to the Federal Motor Carrier Safety Administration (FMCSA), who received several thousand comments regarding their proposed rule, 8,028 of commenters disagreed with the proposal, especially the restart provision, which has 4,776 disapprovals, and driving time, which had 4,633, resulting in 93 percent of comments being in opposition of the proposal, with only 601 commenters supporting it (http://www.thetrucker.com/News/Stories/2011/12/27/HOSruleresetdespite9to1publicoppositiontochanges.aspx).

Those individuals who submitted comments disagreeing with the FMCSA’s proposal did so for the main arguments that the current hours of service has already proven a reduction in crashes as well as stated that changes would “impose substantial costs on the industry, make night deliveries difficult, increase congestion, and lower driver incomes,” thetrucker.com notes.

These arguments come as no surprise, being something that the American Trucking Associations (ATA) has been arguing for months believing that “by mandating drivers 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. 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”  (http://www.thetrucker.com/News/Stories/2011/12/22/ATAObamaadministrationsfinalHOSruleputssafetyinthebackseat.aspx).

At the same time as defending the current HOS for improving safety on the road, safety advocacy groups including the Truck Safety Coalition, Public Citizen, and Consumer Federation of America, among others, stated that the decline in crashes the ATA is talking about is due to economic recovery, not the HOS, presenting data that showed a direct correlation between economic recovery and the reduction in fatal accidents.

The ATA, however, counteracted the argument believing that crash reduction was not due to the recession since truck vehicle miles traveled (VMT) increased during this time.

Once again, the ATA’s dispute was not received with open arms, with the FMCSA stating that the FHWA had “recently defined that term to mean any vehicle other than a bus with a gross vehicle weight rating greater than 10,000 pounds,” which “now includes mobile homes, large pickups, cab chassis and various other larger vehicles, most of which are not used by motor carriers, except for short-haul pickups and deliveries,” with “revised VMT numbers showing that combination truck VMT peaked in 2007, fell slightly in 2008 and fell sharply in 2009” (http://www.thetrucker.com/News/Stories/2011/12/28/AtruckisnotalwaysatruckinofficialdataFMCSAsays.aspx).

The ATA, however, continues to contemplate whether they will file a suit or not.

Visit www.roadscholar.com for more news on the trucking industry, career opportunities, and how we are keeping your freight safe during transport.

Are you in favor or opposition of the final HOS ruling?  List your comments below.

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Groups Respond to HOS Final Rule

Friday, December 23rd, 2011

FMCSAYesterday we announced the Federal Motor Carrier Safety Association (FMCSA)’s final rule, retaining the 11-hour driving time while making changes to the current rule including the 34-hour restart provision, rest breaks, and on-duty time.  (Read the full article at http://www.roadscholarawareness.org/final-hours-of-service-rule-released%E2%80%A6fmcsa-retains-11-hour-driving-time/).

Throughout the process, the FMCSA has heard debates from several groups, with the American Trucking Associations (ATA) pushing for the agency to uphold the current hours of service (HOS) rule, based on its proven effectiveness (which has saved thousands of lives since it went into effect regardless of nearly 10 billion more miles traveled) and cost issues, while Public Citizen claimed that it would reopen its suit if the FMCSA were to sustain the current HOS rule.

Therefore, it comes as no surprise that groups are responding to the final decision.

Stating that the HOS rule is a “one-size-fits-all approach” that “will not improve safety” but instead “have a dramatic effect on the lives and livelihoods of small-business truckers,” the Owner-Operator Independent Drivers Association (OOIDA)’s Todd Spencer remarks that “the changes are unnecessary and unwelcome” (http://www.thetrucker.com/News/Stories/2011/12/22/OOIDAsaysfinalHOSregulationswontimprovehighwaysafety.aspx).

In response to the FMCSA’s decision that drivers “may drive only if 8 hours or less have passed since end of driver’s last off-duty period of at least 30 minutes,” with severe penalties for those “driving 3 or more hours beyond the driving-time limit,” Spencer stated, “The HOS regulations should instead be more flexible to allow drivers to sleep when tired and to work when rested and not penalize them for doing so,” an article on thetrucker.com explains.

On top of that, OOIDA mentions the problem with compliance due to detention time spent on docks, causing drivers to lose productivity and, in return, higher the costs of consumer goods.
At the same time, the ATA is calling the new rule “unjustified,” claiming that “unnecessary changes” were made, and like OOIDA, stating that it will “do nothing to improve highway safety, but will very likely increase the risk of truck-involved crashes.”

The ATA has been arguing that the current HOS rule has already proven effective in improving crash prevention, stating truck-related crash reduction statistics demonstrating that truck-involved fatalities have dropped nearly 30% since the current HOS rules went into effect, but that the FMCSA has “twisted data.”

Again, the ATA addresses the problems of productivity and a rise in consumer costs with the revised rule.

Furthermore, the ATA demonstrates the reality that the new rule could actually increase accident risk.  As the ATA’s Bill Graves explains, “By mandating drivers 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. 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”  (http://www.thetrucker.com/News/Stories/2011/12/22/ATAObamaadministrationsfinalHOSruleputssafetyinthebackseat.aspx).

With parts of the new rule becoming effective Feb. 27, 2012 and the rest July 1st, 2013, the ATA acknowledged the fact that they are contemplating whether to file suit.

For more news regarding the FMCSA’s hours of service rule, visit www.roadscholar.com.

Do you agree with the ATA in that the final rule will cause more accidents instead of improving safety?  List your comments below.

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Final Hours of Service Rule Released…FMCSA Retains 11-Hour Driving Time

Thursday, December 22nd, 2011

After months of debate, a final hours of service (HOS) rule has finally been released.FMCSA

Groups including Public Citizen, Teamsters, and the American Trucking Associations have been arguing over the Federal Motor Carrier Associations (FMCSA) proposal, which would cause a number of changes believed to be in the benefit of drivers and everyone on the road’s safety, among those limiting a driver’s on-road time from 11 to 10 hours.

The FMCSA submitted their updated proposal to the White House Office of Management and Budget (OMB) on November 1st.  The OMB, in return, reviewed the rule, returned it to the DOT, and will be published in the Federal Register on Dec. 27th of this year.

So what’s the verdict?  Will a driver’s time on the road be reduced by an hour?

After much consideration, the FMCSA has chosen to uphold the current 11-hour daily driving limit.

But the final rule does come with some changes, which are as follows (provided by http://www.fmcsa.dot.gov/rules-regulations/topics/hos-final/hos-final-rule.aspx):

-34-hour restart provisions “must include two periods between 1 a.m.-5 a.m. home terminal time” and “may only be used once per week,” effective July 1, 2013.

-Rest breaks:  “May drive only if 8 hours or less have passed since end of driver’s last off-duty period of at least 30 minutes,” effective July 1, 2013.

-On-duty time:  “Does not include any time resting in a parked CMV.  In moving CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth.  Also applies to passenger-carrying drivers,” effective Feb. 27, 2012.

-Penalties:  “Driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties.  Also applies to passenger-carrying drivers,” effective Feb. 27, 2012.

-Oilfield exemption:  “‘Waiting time for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in ‘remarks’ or a separate added to ‘grid,’” effective Feb. 27, 2012.

According to truckinginfo.com, those carriers “that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense” (http://www.truckinginfo.com/news/newsdetail.asp?news_id=75621&news_category_id=3).

Put your freight onboard a safe carrier who abides by the rules and regulations by visiting www.roadscholar.com.

What do you think of the FMCSA’s final rule?  List your comments below.

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Safety Groups Call ATA’s Hours of Service Safety Claims ‘Phony,’ Citing Driver Fatigue Statistics as Need for Revision

Wednesday, December 7th, 2011

(Information provided by a letter filed by advocate groups on Dec. 2nd, 2011, found in full at http://www.trucksafety.org/images/stories/omb%20sunstein%20letter%20response%20to%20ata%2012.2.11%20final.pdf)

Driver Fatigue

In a recent letter to Cass Sunstein (Administrator, Office of Information and Regulatory Affairs Office of Management and Budget), safety advocate groups including the Truck Safety Coalition, Public Citizen, and Consumer Federation of America, among others, responded to the American Transportation Associations’ Bill Graves’ argument last month issuing sustainment of the current hours of service, claiming that his accusations were false.

The safety groups counteracted the ATA’s arguments stating that the HOS rule needs to be revised in order to account for driver fatigue statistics as well as a modification of the 34-hour restart provision, which currently leads to insufficient sleep.

The ATA has been arguing that the current HOS rule has already proven effective in improving crash prevention, stating truck-related crash reduction statistics.  Safety groups, however, rebutted this statement, explaining that there is no data that directly correlates crash reduction statistics to the current HOS rule, nor any one particular factor for that matter.

The letter goes on to state that during the first two years, the current HOS rule was implemented (2004 and 2005), fatality rates involving trucks actually increased, and to top it off, “the Federal Motor Carrier Safety Administration now estimates that large truck crash deaths for 2010 appear to have risen to around 4,000 fatalities, an increase over the 3,380 reported fatalities in 2009.”

The safety groups attribute driver fatigue to this finding, releasing the following data.

Since the current HOS rules went into effect:

-13% of truck crashes/fatalities/injuries were caused by driver fatigue…equivalent to approx. 500 deaths/year

-48% of drivers admitted to falling asleep behind the wheel

-45% of drivers had trouble staying awake

-13% fell asleep more than once while driving

-65% felt drowsy while driving

-1/3 of drivers were fatigued on at least 50% of their trips

-From 2003-2008, driver fatigue in fatal accidents remained fairly constant, showing that the current HOS rule did not improve statistics

The safety advocacy groups also stated that the decline in crashes the ATA is talking about is due to economic recovery, not the HOS.

The letter referenced a presentation given by Dr. Ralph Craft last year that showed a direct correlation between economic recovery (and with it transportation safety and enforcement) and the reduction in fatal accidents.  Craft indicated that correlation was also present in passenger vehicles as well, in which the HOS rule does not apply, showing that it was economic reasons that justified crash reduction, not the current HOS.

As the letter states, “For all these reasons, we do not believe that the Department of Transportation, FMCSA and your office should use these specious claims to ignore the deadly and dangerous problem of fatigued drivers operating large trucks that can carry 80,000 pound loads or more, especially when the problem is so widespread throughout the industry.”

The safety advocacy groups then went on to address the 34-hour restart provision, stating that research shows that “drivers cannot obtain adequate sleep and sufficient rest and recovery during daytime sleep periods within the 34-hour restart off-duty time,” calling for modification to include two periods between midnight and 6 a.m.

Do you feel that the ATA is right in saying that the current HOS rule has proven its effectiveness in crash reduction or do you side with the safety advocacy groups in that the HOS rule should be revised to account for driver fatigue?  List your comments below.

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Teamsters File Another Suit Against Cross-Border Agreement, Deeming Mexican Trucks Environmentally Unsafe

Wednesday, November 30th, 2011

Mexico/USLast September the Teamsters and Public Citizen filed a suit in an attempt to prevent Mexican trucks from crossing into the United States, accusing the Obama administration of not applying strict enough standards in their Cross-Border Agreement which would allow Mexican carriers to operate in the U.S. under the grounds that Mexico would abolish $2.4 billion worth the retaliatory tariffs placed on U.S. goods back in 2009.

With three Mexican carriers already granted access into the program, the groups have decided to file another suit last Wednesday, November 23rd, arguing that “the government must first assess the environmental impact of a pilot project before letting it go,” according to the AP Associated Press.

Already one Mexican carrier entering into the U.S., Grupo Behr de Baja, was deemed to operate a junker, running a 1991 tractor which likely does not contain an engine model of 1998 or later to comply with EPA regulations.  Road Scholar Transport, however, operates newer equipment, including 2012 models that are significantly greener than older engines.  For instance, it would take 42 of our 2012 trucks to emit as much diesel particulate as just one 2007 model.

As Teamsters Jim Hoffa states, “Opening the border to these dangerous, dirty trucks is an attack on highway safety, an attack on American truckers and warehouse workers, an attack on border security and an attack on our environment.  It’s outrageous enough that we’ve outsourced millions of jobs to foreign countries, but now we’re bringing foreign workers across the border into the United States to take our jobs. This is another pressure the American middle class doesn’t need. … Congress has repeatedly and overwhelmingly set tough safety conditions for any cross-border trucking program, and this one clearly doesn’t meet those conditions” (http://www.overdriveonline.com/lawsuit-challenges-cross-border-program/?pg=1).

While the Teamsters and Public Citizen continue to proceed with their suit, Mexican ambassador Arturo Sarukhan believes that “the teamsters were engaging in protectionism” stating that “first it was about the safety of the Mexican rigs, no with nowhere to run with that argument, the new red herring is an alleged environmental impact” (http://www.google.com/hostednews/ap/article/ALeqM5inav1khh2gE56JctztHQA5iTi8BA?docId=b7f943a4a1d74916aa0e66f41bcc0056).

The suit cites the following as problems created by the pilot program (provided by overdriveonline.com):
• Waives a law that trucks must display certain proof that they meet federal safety standards;
• Breaks the law requiring the pilot program to achieve an equivalent level of safety because Mexican drivers don’t have to meet the same physical requirements as U.S. drivers;
• Breaks the law that Mexico must provide simultaneous and comparable access to U.S. trucks. Mexico cannot do so because of the limited availability of ultra-low-sulfur diesel fuel in Mexico, the suit alleges;
• Breaks the law that the pilot program must include enough participants to be statistically valid. The suit argues that FMCSA’s proposal ensures that only the best Mexican trucks participate, which would allow it to justify letting any Mexican truck over the border in the future; and;
• Doesn’t comply with the environment requirement of the National Environmental Policy Act.

road scholar transport

Road Scholar Transport, on the other hand, abides by the rules and regulations, operating out of our Dunmore, PA headquarters with additional terminals in Leominster, MA-Jersey City, NJ-Philadelphia, PA- and Denver, PA.  Visit www.roadscolar.com to learn all about Road Scholar Transport’s secure transport methods.

Do you believe that the Teamsters and Public Citizen are in the right suing over the Cross-Border Agreement?  List your comments below.

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Final HOS Rule Expected by Year’s End

Tuesday, November 29th, 2011

The Federal Motor Carrier Safety Administration (FMCSA) expects to ring in the New Year with a final hours of service (HOS) rule.

Last Monday, Public Citizen, along with the FMCSA, told the U.S. Court of Appeals that they should have enough time to issue a final rule within the next 30 days.

The rule, which threatens reducing a driver’s hours of service from 11 to 10 hours, among several other proposed changes, had an original publishing date set for October 28th, but when the FMCSA could not meet the deadline, they were granted a November 28th extension.

Shortly after the extension was granted, the FMCSA submitted their updated proposal to the White House Office of Management and Budget (OMB) on November 1st.

The OMB must first review the rule (a process that can take up to 60-90 days), return it to the DOT with any recommendations, who will then pass it to the Federal Register for publication before the FMCSA’s decision will be announced to the public.

But from the looks of it, the FMCSA will face a battle regardless of its decision.

The American Trucking Associations (ATA), who is pushing for the FMCSA to uphold the current HOS rule based on its proven effectiveness in safety as well as cost issues with the revised proposal, have already stated that they would take action if the HOS rules were changed.

At the same time, Public Citizen, who said that they would accept a decrease in the amount of driving time to 10 hours as well as the 34-hour restart proposal as well as support mandatory electronic onboard recorders, stated that they would reopen their suit if the current HOS rule was sustained.

Still, the HOS is expected to stir up more debate tomorrow at a House hearing in which the Subcommittee on Regulatory Affairs is scheduled to hold a session entitled, “The Price of Uncertainty: How Much Could DOT’s Proposed Billion Dollar Service Rule Cost Consumers This Holiday Season” (http://www.truckinginfo.com/news/news-detail.asp?news_id=75409).

Listen to the hearing live on November 30th at 10 a.m. by going to Oversight.House.Gov.

Road Scholar Transport

Visit www.roadscholar.com for updated news in the trucking industry and to ship with a safe company, equipped with the latest technology.

Are you in support of the FMCSA’s proposal or would you rather the agency sustain the current HOS rules?  List your comments below!

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FMCSA’s HOS Proposal Moves to White House for Final Review

Thursday, November 3rd, 2011

FMCSAShortly after pushing back the Federal Motor Carrier Safety Administration (FMCSA)’s deadline to publish a final hours of service (HOS) rule from October 28th to November 28th, the FMCSA has submitted their updated proposal to the White House Office of Management and Budget (OMB).

On November 1st, the FMCSA submitted its proposal of whether it will reduce a driver’s hours of service from 11 to 10 hours, among several other proposed changes.  But before the FMCSA’s decision will be announced to the public, the OMB must first review the rule, returning it to the DOT with any recommendations, who will then pass it to the Federal Register for publication.

As www.truckinginfo.com notes, the OMB’s process usually takes between 60-90 days with a potential publication date expected in late February or sooner.

But the FMCSA’s decision is bound to strike controversy either way.

The FMCSA has already butted heads with Public Citizen who agreed to suspend their lawsuit against the agency if they agreed to revise the rule, stating that they would

renew their suit if they disagreed with the new ruling, truckinginfo.com notes.

As Public Citizen and safety group advocate spokesman Henry Jasney explained last February, the groups filing suit would accept a decrease in the amount of driving time to 10 hours as well as the 34-hour restart proposal and support mandatory electronic onboard recorders (EOBRs) (http://www.truckinginfo.com/news/news-detail.asp?news_id=73024).

On the other hand, Republican committee members have signed a letter last September addressed to President Obama noting the financial burden associated with the new proposal, asking to uphold the current HOS rule which has already proven effective in reducing accidents.

The American Trucking Associations (ATA), which is also against any changes to the current rule, has threatened action as well, including a lawsuit, if revision occurs.

For more news and updates in the trucking industry, visit www.roadscholar.com and let Road Scholar Transport handle all of your shipping needs.

What do you think the FMCSA has chosen to do regarding their HOS proposal?  What decision would you most like to see?  List your comments below.

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Final HOS Ruling Set for this Month, Lawsuits Expected With Either Decision

Wednesday, September 28th, 2011

FMCSAWill the Federal Motor Carrier Safety Administration (FMCSA) keep the current HOS rule or change it to reflect tighter hours?  That’s the question that has members of the trucking industry pondering for two years now.

Up for debate is whether a driver’s daily hours of service will be decreased from 11 to 10 hours, an issue stemming from two lawsuits filed by groups including the Public Citizen and Teamsters union fighting towards constricting drivers’ hours.  The FMCSA agreed in 2009 to revise the rule, with the FMCSA set to announce its final decision for Oct. 28 with it expected to go to the White House Office of Management and Budget on August 30th, according to an article on truckinginfo.com.

Besides reducing a driver’s time by an hour a day, the proposal is also considering the following:  “releasing drivers from duty after 14 consecutive hours, giving drivers a one-hour break during the day by limiting actual duty time within the 14-hour driving window to 13 hours, modifying the 34-hour restart to include two periods between midnight and 6 a.m., and prohibiting a driver from driving if it has been more than 7 hours since his last off-duty or sleeper-berth period of at least 30 minutes” (http://www.truckinginfo.com/news/news-detail.asp?news_id=72531).

But the FMCSA will face a fight regardless of its ruling.

If the agency decides to withhold its proposal calling for the above changes, it will take approximately 1-2 years for it be executed and, according to the American Trucking Associations (ATA)’s Dave Osiecki, the ATA will bring the FMCSA to court.

The ATA further emphasized this in a letter last week written by Reps. John Mica, John Duncan, Bill Shuster, and Sam Graves to President Obama stating that the group would take action if the HOS rules were changed, according the truckinginfo.com.

The ATA is pushing for the FMCSA to uphold the current HOS rule, which has been used for seven years now, based on its proven effectiveness (which has saved thousands of lives since it went into effect regardless of nearly 10 billion more miles traveled) and cost issues.

A decrease in the amount of hours a driver is allowed to service would cost companies billions in productivity.  Drivers will be restrained to how far they can travel/how many loads they can deliver without breaking their hours of service, which leads to lower wages since many drivers are paid by the mile.

driver

In order to secure more loads, companies would also need to invest more money on drivers and trucks, dipping into an already slim driver pool.  Those drivers looking for employment are being more selective due to this demand, choosing a company that offers great pay and benefits, bonuses, flexibility, home time, and excellent equipment, such as those offered by Road Scholar Transport.  Those wishing to apply can do so by visiting http://www.roadscholar.com/employment.php.

On the other hand, if the FMCSA were to sustain the current HOS rule, Public Citizen would reopen its reopen its suit (http://www.truckinginfo.com/news/news-detail.asp?news_id=74828).

Are you in support of the FMCSA’s proposal or would you rather the agency sustain the current HOS rules?  List your comments below!

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Comment Period Kicks Off as First Mexican Carrier Passes Pre-Authorization Audit

Wednesday, September 14th, 2011

Grupo Behr de Baja California has become the first carrier to pass its pre-authorization audit as part of the U.S./Mexico cross-border agreement, according to results published in the Federal Register.

U.S./Mexico

U.S. Transportation Secretary Ray LaHood signed a cross-border agreement with Mexico that would abolish $2.4 billion worth the retaliatory tariffs Mexico placed on U.S. goods back in 2009, lifting 50% of the tariffs 10 days after the signing and the rest once the U.S. grants a Mexican carrier operating authority.

Through the agreement, Mexican carriers must abide by certain rules and regulations.

As truckinginfo.com notes, once the pilot program is running (in which a date is still pending), Grupuo Behr de Baja California will be eligible for provisional operational authority for 18 months and afterwords, “if the carrier has no pending enforcement or safety improvement actions and has cleared a compliance review, will be eligible for permanent authority in the pilot program” (http://www.truckinginfo.com/news/news-detail.asp?news_id=74683).

Groups, such as the Owner-Operator Independent Drivers Association (OOIDA), Public Citizen, and Teamsters have already filed lawsuits against the cross-border program.

While the Public Citizen and Teamsters suit hearing is still underway, the OOIDA suit has already been dismissed by the U.S. Court of Appeals, truckinginfo.com explains.

OOIDA has fought that the program will take away from U.S. jobs, especially those truckers working for small businesses, and is outraged that U.S. taxpayers are spending their hard-earned money to provide EOBRs (electronic onboard recording devices) for these Mexican carriers operating in our country.

Grupo Behr operates nine trucks, five of which have been cleared, and employs four drivers, three of which were granted access, the site notes.
Road Scholar Transport

Road Scholar Transport, on the other hand, operates 97 tractors and 305 dry vans and refrigerated trailers while upholding an excellent safety record.  With the newest technology and well-maintained trucks, including Road Scholar Transport’s new 2012 models, we have never been cited for a piece of faulty equipment in an accident.

Why take the chance of allowing a bottom-feeder carrier to transport your goods when you can ship with a well-known, qualified trucking company like Road Scholar?

The Federal Motor Carrier Safety Administration will be accepting comments regarding their audit findings up until September 22nd.

List your comments regarding this issue below!

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