The Federal Motor Carrier Safety Administration (FMCSA) says it will not meet a court-imposed deadline to issue new hours-of-service rules for drivers of property-carrying vehicles.
According to a status report filed on May 20, 2011, with the U.S. Court of Appeals for the D.C. Circuit, the FMCSA now intends to publish a final rule by October 28, 2011, about three months later than originally scheduled.
The original deadline for a final rule — July 26, 2011 — was part of a 2009 settlement agreement with Public Citizen and other petitioners. The FMCSA published a proposed version of the rule on December 29, 2010.
Roadcheck 2011 is June 7-9, and the CVSA has announced that they will be focusing on hours of Service violations this year. 70% of all HOS violations are "form and manner", which means they are completely avoidable. When you run paperless logs - these issues go away.
Federal Motor Carrier Safety Administrator Anne Ferro said the agency expects to complete work on hours-of-service rule revisions by late October. FMCSA asked for additional time so it could consider four new research studies that were entered into the docket in early May. Fleets are facing the possible reduction of one driving hour from the current 11 to 10, as well as strict new limits on rest periods, both during work and between assignments.
Bob Costello, Chief Economist with the American Trucking Associations
Wayne Johnson, Owens Corning and Chair of the NIT League Transportation Committee
Dave Miller, COO of Gnosis Management and former Senior Vice President of Con-way Freight
Thursday, May 19, 2011 10:00 AM to 12:00 PM CDT
Trucking industry stakeholders are invited to participate in a free webinar to hear senior industry experts share their information and insights on the critical trends and economics that are shaping the trucking industry today…and tomorrow.
The last few years created untold challenges and opportunities for trucking companies, supply chain partners and industry suppliers. On top of economic impacts, the regulatory environment is expected to bring dramatic changes in the areas of safety, environment and truck productivity. To ensure that the trucking industry continues to operate profitably and safely, industry stakeholders must keep abreast of the changing landscape in which motor carriers and supply chain partners operate.
While most economic indicators point to strong growth in the freight industry, two or three issues could easily derail the positive outlook that most economists and prognosticators now hold. Alternatively, new opportunities could create an industry renaissance in productivity and efficiency.
Four additional sleep studies released by the FMCSA on Friday will delay the issuance of the Final Rule, which was scheduled July 26 2011.
To submit comments:
Online, go to www.regulations.gov. In the ‘‘Document Type’’ drop-down menu, select ‘‘Proposed Rules,’’ insert ‘‘FMCSA–2004–19608’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Submit a Comment’’ in the ‘‘Actions’’ column.
Fax comments to (202) 493-2251.
Mail comments to Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–0001.
Hand deliver comments to the same address as the mailed comments between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is (202) 366–9329.
The FMCSA recommends that comments include the name of the commenter and a mailing address, an e-mail address or a phone number in the body of the document so that FMCSA can make contact if there are questions regarding the submission.
If comments are submitted by mail or hand delivered, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing.
All comments received will be posted without change to www.regulations.gov and will include any personal information provided.
The FMCSA has reopened the HOS docket that was closed back on March 4, a highly unusual move. They indicate that four new fatigue studies have surfaced, and the new deadline is unknown. The deadline for publishing a final rule is July 26.
There is widespread opposition to the proposed HOS rules coming from trucking, shippers, even law enforcement. In fact, one of teh researchers whose study was used by the FMCSA is against the proposed regulation, stating that his work was misused.
We are reviewing these studies to determine if they offer enough evidence to change our previously published opinion on the matter.
