How to Make Trucker Driving Hour Rules Flexible

How to Make Trucker Driving Hour Rules Flexible

Exclusive to Owner-Operator Indepent Drivers Association Website

Washington, Mar 7 - Last July, The U.S. Court of Appeals for the District of Columbia weighed in on the hours-of-service debate in big way when they unanimously struck down the Department of Transportation's (DOT) new hours-of-service rule. The court said that while DOT intended to lessen driver fatigue and reduce accidents, they failed to take into account the negative impact of the regulation on driver health.

Under DOT's new rules, a driver may not work more than a maximum of 14 consecutive hours from the time he or she clocks in. They are penalized for taking meal or rest breaks - that counts against their on-duty time. The driver is then required to rest for 10 straight hours. While this is intended to reduce fatigue and improve safety, the actual effect is that these rules force many drivers to forgo lunch and other needed rest breaks in order to complete their runs. In reality, truckers are pushing harder than ever to make their runs within the mandated time-frame.

In an effort to give drivers more flexibility, I have proposed a bill that will remedy the problem by permitting drivers to take up to two hours of break time during the course of their work day without bumping up against the 14 hour limit. Plain and simply, drivers need the ability to sign-off the DOT logbook if they need a rest, a bite to eat, shower or just get out of traffic and that is what my proposal would give them.

My bill ensures that drivers still have to meet all other requirements of the new rules including a minimum of 10 hours of rest between shifts, and limitations on daily driving time and weekly on-duty time. It clearly retains the critical safety and health aspects of the rules while removing the disincentive for drivers to take needed rest breaks and providing greater operational flexibility.

The court directed DOT to research driver health concerns and then rewrite the new rule. However, DOT seems unwilling to budge from the language that the court struck down. Earlier this year, DOT put the same exact language as their previous regulation out for public comment, showing everyone involved with the debate that they are willing to stand behind a rule that the court already has said hurts drivers and makes the roads unsafe. For this reason, Congress needs to take action and stand-up for drivers who are adversely effected by DOT's rule.

What is important to consider while revising the hours-of-service rules is that encouraging optional rest breaks is the right thing to do. We do not have the right to tell drivers that they don't have time for meals or rest breaks. Optional rest breaks will reduce driver layovers and improve both safety and efficiency. If improving the quality of life for drivers and increasing safety is really the goal of the hours-of-service rule, then rest breaks must be incorporated into the regulation.

http://boozman.house.gov/News/DocumentSingle.aspx?DocumentID=7146