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Hours of Service Listening Session: MCSAC Briefing

Hours of Service Listening Session: MCSAC Briefing . February 1, 2010. Background. FMCSA held four public listening sessions to solicit comments and information on potential hours-of-service (HOS) regulations. January 19, Arlington, VA January 22, Dallas, TX January 25, Los Angeles, CA

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Hours of Service Listening Session: MCSAC Briefing

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  1. Hours of Service Listening Session: MCSAC Briefing February 1, 2010

  2. Background • FMCSA held four public listening sessions to solicit comments and information on potential hours-of-service (HOS) regulations. • January 19, Arlington, VA • January 22, Dallas, TX • January 25, Los Angeles, CA • January 28, Davenport, IA

  3. Questions for Listening Session Participants to Consider • Specifically, the Agency requested comments concerning factors, issues, and data it should be aware of as it prepares to issue an NPRM on HOS requirements for property-carrying CMV drivers. • Rest and On-Duty Time • Restart to the 60- and 70-hour Rule • Sleeper Berth Use • Loading and Unloading Time

  4. Factors and Issues Raised by Participants • Flexibility – the current rule does not provide enough flexibility for drivers to rest when they need to rest. • Rules are structured for long-haul; problem for regional operations. • Rest periods after the start of the 14-hour clock should not be included in the calculation of the 14-hour rule.

  5. Sleeper Berth • Sleeper berth; the need for more than one option (flexibility); more circadian friendly approach. The rule should allow: • 5 and 5 split • 6 and 4 split • 7 and 3 split

  6. Sleeper Berth • Sleeper berth time should extend the 14-hour driving window. • Truck parking – limitations on the availability of truck parking makes it difficult to accumulate 8 to 10 hours in the sleeper berth • Anti-idling laws – impact on drivers’ use of air conditioning and heating for the sleeper berth; reduced quality of rest.

  7. Driver Health Factors and Issues • Health Effects • Accumulated fatigue • Long work hours • Sleep disorder awareness/screening • Carriers and drivers need to be aware of the effect sleep disorders have on fatigue; obstructive sleep apnea.

  8. Fatigue Management Programs • Include an option for carriers with a fatigue management program: • Allow fatigue management programs as an alternative to prescriptive HOS regulations. • Only allow fatigue management programs with prescriptive HOS regulations.

  9. Driving Time Window • Eliminate “fixed” driving time window; apply maximum driving time and minimum off-duty time periods to a 24-hour clock. • Extend the 14-hour clock to include 2-4 hours of rest periods (16-18 hour clock with minimum of 2-4 hours rest period(s)).

  10. Restart of the Weekly Limits • Maintain 34-hour restart; drivers use the restart to return home; a rest period greater than 34 hours is used when the 60- or 70-hour limit is reached at home. • Harmonize the U.S. restart with Canada’s 36-hour restart. • Construction industry exemption provides 24-hour restart; industry members typically use the 24-hour restart rather than the 34-hour restart

  11. Documentation of Hours of Service • 100 air-mile radius exemption for log books be changed to increase the time limit from 12 hours to 14 hours for returning to the work reporting location. • EOBRs should be required; universal mandate.

  12. Applicability of the Rules • Elimination of statutory mandates provided by SAFETEA-LU • Expansion of statutory exemption for towing operations • Uniformity between property carriers and passenger carriers; revise passenger-carrier HOS rules

  13. Shippers and Receivers • Shippers and receivers cause delays in the loading and unloading of CMVs; loss of time under the 14-hour rule. • Refuse to allow drivers to stay for extended periods or overnight on their property when the driver runs out of time. • Detention pay for drivers is needed to discourage delays.

  14. Other Concepts, Ideas • Need to consider HOS exemption for geothermal industry, similar to oilfield operations rules. • Driving time limit should vary with off-duty time: 8 hours off-duty, 10 hours driving time; 10 hours off-duty, 11 hours driving time. • Increase weekly limits beyond 60- and 70-hour limits. • 2-line duty status; on-duty and off-duty.

  15. Summary • Range of issues and concepts; • Full transcripts will be posted to the rulemaking docket; • Agency will also review written comments; • No FMCSA judgment about the ideas and concepts; • FMCSA will consider all inputs in developing the NPRM.

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