Revision of hours of service rule gets postponed again - to December

Byline: Jami Jones, Land Line senior editor

The long-awaited, much debated, yet still unknown, hours-of-service regulations will be unveiled within the next 30 days according to the Federal Motor Carrier Safety Administration.

That revelation came in the latest court filing with the U.S. Court of Appeals for the D.C. Circuit.

The final hours-of-service regulation is currently under review at the Office of Management and Budget. In the Nov. 28 court filing, the agency states that it expects to issue the final rule within the next 30 days – which could wind up being around Christmas or New Year’s. This would be the second time the agency has unveiled HOS regs right around Christmas in as many years. The proposed HOS regs were released on Dec. 23, 2010.

The latest filing is a joint motion to govern further proceedings filed by FMCSA, along with plaintiffs Public Citizen, Teamsters, Advocates for Highway Safety and Truck Safety Coalition. The motion asks that the pending court case remain in “abeyance” for 45 more days. In essence, the motion requests to keep the case on hold until the final regulations are released.

The filing does not give any indication as to what, if any, changes are included in the final regulation.

While the rule is at OMB, it is not available to public view or inspection. The only information provided to the public is:

“This rulemaking would propose changes to the hours of service requirements for drivers operating a commercial motor vehicle transporting property. The requirement for this rulemaking was established on Oct. 26, 2009, when Public Citizen et al. (petitioners) and FMCSA entered into a settlement agreement under which petitioners´ petition for judicial review of the Nov. 19, 2008, final rule on drivers´ hours of service will be held in abeyance pending the publication of an NPRM reevaluating the hours of service rule.”

Lawmakers and industry groups alike have pushed FMCSA not to modify the current hours of service. A Regulatory Affairs, Stimulus Oversight and Government Spending Subcommittee hearing scheduled for Nov. 30 will likely hear more of the same, considering the hearing is titled “The price of uncertainty: How much could department of transportation’s proposed billion dollar service rule cost consumers this holiday season?”

The regulation is on a short list of regulations under consideration in the Obama administration that will cost $1 billion or more. Rep. John Boehner, R-OH, requested the list. In a letter to Boehner, the administration identified the hours-of-service regulations as having an annual cost of $1 billion. That placed HOS seventh on a list of seven pending regs.

Cell-phone ban: Strong first step only, industry says

Cell-phone ban: Strong first step only, industry says

Hours Rule Will Get More Congressional Scrutiny - Truckinginfo.com

Hours Rule Will Get More Hill Scrutiny - Truckinginfo.com

Nation's 20 Most Congested Corridors

Top 20 most congested corridors overall:

1.        Los Angeles Harbor Fwy/CA-110 from I-10/Santa Monica Fwy to Stadium Way/Exit 24C

2.        Los Angeles Harbor Fwy/I-110 from 111th Pl. to I-110/I-10/Santa Monica Fwy

3.        Los Angeles San Diego Fwy/I-405 from I-105/Imperial Hwy. to Getty Center Dr.

4.        New York Van Wyck Expy/I-678 from Belt Pkwy./Exit 1 to Main St./Exit 8

5.        Los Angeles San Gabriel River Fwy/I-605 from Beverly Blvd. to Florence Ave.

6.        Los Angeles Santa Monica Fwy/I-10 from CA-1/Lincoln Blvd./Exit 1B to Alameda St.

7.        Los Angeles Santa Monica Fwy/I-10 from I-5/Golden State Fwy. to National Blvd.

8.        San Francisco I-80 from (James Lick Fwy/Bay Brdg) US-101 to Treasure Island Rd.

9.        San Francisco Grove Shafter Fwy/CA-24 from Saint Stephens Dr. to Caldecott Tunnel

10.     Los Angeles I-110 from W Vernon Ave. to 51st St.

11.     New York I-278 (Gowanus Expy/Brooklyn Queens) from 92nd St./Exit 17 to Apollo St./Meeker Ave./Exit 34

12.     Los Angeles Riverside Fwy/CA-91 from CA-55/Costa Mesa Fwy. to Mckinley St.

13.     New York I-278 (Brooklyn Queens/Gowanus Expy) from NY-25A/Northern Blvd/Exit 41 to NY-27/Prospect Expy/Exit 24

14.     Austin I-35 from US-183/Exit 239-240 to  Woodland Ave.

15.     San Francisco Eastshore Fwy/I-80 EB/I-580 from Cypress St. to University Ave.

16.     Austin I-35 from Shelby Ln/St Elmo Rd/Exit 230 to Martin Luther King Blvd/19th St/Exit 235

17.     Los Angeles CA-110 (Pasadena/Harbor Fwys) from Avenue 60 to Olympic Blvd/9th St.

18.     Los Angeles I-5 (Santa Ana/Golden St. Fwys) from East Ceasar Chavez Ave. to Valley View Ave.

19.     New York Van Wyck Expy/I-678 from Horace Harding Expy/Exit 12A to Linden Blvd/Exit 3

20.     San Francisco Eastshore Fwy/I-80 /I-580 from Cutting Blvd. to Bay Bridge Toll Plaza

FMCSA Will Rewrite EOBR Rule to Address Court's Concerns - Truckinginfo.com

FMCSA Will Rewrite EOBR Rule to Address Court's Concerns - Truckinginfo.com

Did You Attend the NSRMCA Regional Meeting in Memphis?

LoadTrek was there, and the attendees were able to better ascertain the direction of the USPS regarding their Highway Contractors. 

We have the presentation given by USPS headquarters at this meeting.  Contact us to receive a copy. 

To Win Customers, Get Out of the Way

Hours Rule Advances to Office of Management and Budget - Truckinginfo.com

Hours Rule Advances to Office of Management and Budget - Truckinginfo.com

GE's Survey of Transportation CFO's Finds Optimism

FMCSA: Not able to meet today's deadline for new HOS

The FMCSA issued a statement this morning which said: 

“The petitioners have agreed to extend the October 28, 2011, deadline for publication of a final Hours of Service rule. FMCSA will continue to work toward publishing a final rule as quickly as possible. The parties to the settlement agreement will file their next status report with the Court on November 28, 2011.”

FMCSA will miss HOS deadline

The Federal Motor Carrier Safety Administration will not finish the final hours-of-service rule by the Oct. 28 deadline set by a U.S. court.  The final rule had not been sent to the White House Office of Management and Budget, which is required to review it before the rule can be published.  FMCSA Administrator Anne Ferro said they continue to work toward the Oct. 28 date,  but “we have to be realistic.”

Dave Osiecki, ATA senior vice president, said that while there probably have been informal discussions between OMB and the Department of Transportation leadership, the formal OMB review has not begun. 

FMCSA said in December it was leaning toward cutting back driving hours to 10 from 11 and modifying the 34-hour reset provision.  ATA has threatened to file a lawsuit if FMCSA reduces driving hours. 

What Else Every CEO Needs to Know About the Cloud

Legislative pushback over hours-of-service reform intensifies

Legislative pushback over hours-of-service reform intensifies

Thank You for Helping Comment on the new HOS Rules

Thank you to our customers and friends who took the time and effort to comment to the Federal Register concerning proposed changes to the Hours of Service requirements for commercial truck drivers.  A special thanks goes to the National Star Route Mail Contractors Association for their comments.  And, the ATA has lead the way with legal and advisory resources. 

The deadline for the new rule is next week - October 28.  The rule has not even made it to the White House's OMB - and they have up to 90 days to review the proposed rule.  It's obvious that the deadline will be missed.  The collective efforts of industry have guided our political representatives to question this rule, normally matters such as this go unnoticed. 

Using LoadTrek.net to analyze data supplied by customers, it was clear that the economic impact is negative, and the safety impact is at best neutral - and in some cases negative as well.  A copy of LoadTrek's comments can be found here. 

ATA questions LaHood's claim that up-to-date data used to write new HOS

FMCSA will not fight ruling, moving ahead on new EOBR mandate

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Postal Service Contracting: What Every Contractor Should Know

October 21; 0800 to 1615.  At the Renaissance Chicago Downtown; 1 West Wacker Drive, Chicago IL  60601

Are you collecting all possible revenue?

LoadTrek.net clients are reporting to me that they are charging (and collecting) more accessorial charges than before.  Virtually all freight and bulk shippers agree to pay some accessorial charges other than fuel surcharge; detention, demurrage, extra stops, extra services, etc.  You just have to prove it and document it.  An article in the Journal of Commerce tells us the same thing. 

In LoadTrek's billing validation; make sure you are charging (or at least attempting to charge) for actual miles instead of book miles. 

Are you using "Tasks"?  These can be anything related to loading or unloading; extra hoses, pump charges, mall deliveries, hand-sort and stack, etc.  You'll make certain you are paying the driver correctly, monitor driver productivity, and correctly bill the customer. 

When you use the Analyzer to look at the profitability of loads and customers, add and remove distance and time to reflect the nature of these extra services you provide.  You'll clearly see what these extra services cost. 

I am not running a fleet any more.  But if I was, maximizing collection of accessorials would be a top priority. 

Trucking Industry Mobility and Technology Coalition Annual Meeting

LoadTrek will be participating in the Trucking Industry Mobility and Technology Coalition annual meeting, held in conjunction with the American Trucking Association's annual conference in Grapevine, TX.  The TIMTC annual meeting will be October 17-18 at the Gaylord Texas Resort. 

If you are a fleet that is an active participant in fleet technology, we invite you to attend.

Contact us for more information.