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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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Presentation Transcript
background
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
questions for listening session participants to consider
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
factors and issues raised by participants
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.
sleeper berth
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
sleeper berth6
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.
driver health factors and issues
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.
fatigue management programs
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.
driving time window
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)).
restart of the weekly limits
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
documentation of hours of service
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.
applicability of the rules
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
shippers and receivers
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.
other concepts ideas
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.
summary
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.