D.C. Circuit hears arguments in hours-of-service lawsuit

FMCSA’s change to its 30-minute rest break provision combats two negative safety consequences caused by the previous rule, an attorney for the Owner-Operator Independent Drivers Association told an appeals court.

The U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in a lawsuit over FMCSA’s recent changes to the hours-of-service regulations on Monday, April 25.

The International Brotherhood of Teamsters and several safety groups argue that the changes to short-haul operations and the 30-minute break negatively affect safety and were made without justification. FMCSA and OOIDA, which is serving as an intervenor in the case, contend that the rule changes provide truck drivers more flexibility and were based off extensive research and more than 8,000 comments.

In September 2020, FMCSA made four changes to the hours of service. The short-haul operations provision increased the on-duty limits from 12 to 14 hours and from 100 air-miles to 150. The 30-minute break provision was modified to allow on-duty, nondriving events, such as fueling or inspecting the load, to meet the requirement. The new rule also included changes to the adverse driving provision and split-sleeper options, but those updates are not being contested in court.

Paul Cullen Jr., an attorney for OOIDA, told the court that the update to the 30-minute break was prompted by dangerous consequences caused by the previous rule.

“FMCSA’s rule was more than rationally based to deal with two negative safety consequences of the prior rule that was described in comments, studies and in testimony from drivers at listening sessions,” Cullen said. “One, drivers were being forced to stop in unsafe locations to comply with the rule, and the second was that the rule extended the workday, causing more stress and pressure to complete their work.”

Cullen said the lack of truck parking across the nation often forced truck drivers to stop for 30 minutes on the shoulder of a highway or an exit ramp to avoid violating the regulation. The old rule took control away from the driver and made them stop for the break regardless of whether it would position them to drive through bad weather conditions or through rush-hour traffic.

“The rule often required drivers to stop when they weren’t tired,” Cullen said. “Because they stop when they’re not tired and that (time) is taken out of their schedule, they have less discretion to stop at a later time when they are tired. This new rule is a little less one-size-fits-all than the old rule, giving the driver more flexibility to drive when they can and rest when they need to.”

One of the three judges asked FMCSA attorney Brian Springer about the possibility of the new rule allowing a trucker be stopped with nondriving tasks for the first six hours and then to drive eight consecutive hours without stopping.

“The agency found that drivers are likely to take breaks when they need rest anyway,” Springer said. “The drivers are often stopping to get food and use the bathroom. When they need time to rest and take a break, they will do so.”

Springer also cited a study indicating that any break from the driving task is what benefits the driver.

Regarding the short-haul provision, petitioners say FMCSA failed to account for the risks of driving later in the duty day.

The agency argues that the incremental changes weighed scientific evidence.

FMCSA said it did not expect any adverse effect on safety, because the short-haul rule doesn’t allow additional drive time during the work day.

The court is expected to make a decision in the coming months.

Although the new rules have been in effect for nearly a year and a half, the petitioners did not cite any incidents related to the changes.

OOIDA President Todd Spencer said he is hopeful the court listened to the perspective of the truck driver and sees that the previous rest break rule made a trucker’s work day more difficult and less safe.

“I am hopeful the court recognized the distinction between breaks from driving which drivers have many of to break up their driving and the requirement for a flat 30 minutes off,” Spencer said. “Any nondriving activity can provide a break. As implemented, the 30-minute break requirement simply makes a driver’s work day longer than needed.” LL