Another route to safety?

Truck drivers want more flexibility within the hours-of-service regulations. And, one by one, truckers are letting the federal government know it.

In the past year, the Federal Motor Carrier Safety Administration has received numerous individual exemption requests asking for wiggle room to decide when it’s safe to drive.

So far, none of the individual exemption requests have been granted. Even so, the requests provide evidence that there are plenty of truck drivers who are frustrated with the current system.

Split-sleeper options

More split-sleeper berth options would allow truckers to be better rested and find a safe place to park, a truck driver told the FMCSA in February.

In a notice published in the Federal Register on Feb. 23, Matthew Killmer, a truck driver from Taylorsville, N.C., asked the agency for an exemption from the hours-of-service regulations that would allow him to split his sleeper-berth time into two five-hour periods.

According to the notice, Killmer said the exemption would allow him to be a “more alert and well-rested commercial motor vehicle operator and allow him to find a safe place to park.”

Starting in September 2020, FMCSA allowed truck drivers to split their 10-hour rest period into such combinations as 8/2 or 7/3.

However, Killmer says he and other drivers should be able to make it a 5/5 split if they determine that’s what works best for them.

The Owner-Operator Independent Drivers Association also asked the agency for more split-sleeper options late last year.

OOIDA told FMCSA this past September that it should launch a split-duty period pilot program and add 6/4 and 5/5 splits to truckers’ options.

“These splits would increase flexibility, allowing drivers to increase their productivity without compromising safety,” OOIDA wrote. “In fact, these splits would help to increase both safety along with health/wellness. The truth is that not all drivers are able to sleep eight or 10 hours at a time. Many OOIDA members have commented that they struggle to sleep more than six hours at a time. Thus, allowing them to split their sleeper time more efficiently will allow them to gain more adequate rest, resulting in increased alertness and better driving performance.”

OOIDA petitioned the agency in February 2018 for the initial hours-of-service changes that took effect in 2020. Now, the Association wants drivers to have additional control over whether or not they believe it is a safe time to drive.

“Allowing drivers to pause their 14-hour clock would give truckers greater flexibility to rest when tired and avoid congestion, adverse weather conditions, or other factors that make driving unsafe,” OOIDA wrote. “The split-duty period would not increase maximum driving time, maximum on-duty time, or decrease minimum off-duty rest periods between shifts. Additionally, drivers would have more chances to get sufficient rest and would not be as stressed to beat the 14-hour clock. This would result in positive outcomes for driver health and highway safety.”

According to Regulations.gov, Killmer’s request received 113 comments. Many of them were in support of the exemption.

“I agree with this petitioner,” Douglas Weber wrote. “Having the flexibility of 5/5, 6/4, 7/3 or 8/2 for split sleeper would greatly improve safety and efficiency. As a driver of 26 years, I rarely sleep more than five hours at a time. Being required to spend more time in the sleeper, unable to sleep actually hurts my productivity and safe operation.”

The comment period ended March 27. As of press time in early May, the FMCSA had not ruled on the request.

Safe during emergency declaration

Truck driver John Olier ran under the COVID-19 emergency declaration for a large portion of the past three years.

As part of an exemption request, Olier used that experience to tell FMCSA that he should be able to continue operating with hours-of-service flexibility.

Olier, a trucker from Arizona, asked FMCSA for a permanent, personal exemption from many of the requirements in the hours-of-service regulations. Specifically, Olier asked for exemptions from the 11-, 14- and 70-hour rules, as well as the mandatory break periods.

“Over the course of the last three years, I have operated under various emergency declarations for FEMA operations, COVID-19 exemptions and while hauling agricultural exempt commodities for my company,” Olier wrote in his petition to the agency. “Under these conditions, I have found that my time driving has been far less stressful and anxiety-inducing. I’m not rushed. I am able to run when I’m alert and sleep when I’m not. I no longer worry about situations like accidents, inclement weather events, or other disruptions to my schedule. I’m not working against the clock. I don’t lose time sitting or have to recover lost drive time. I have seen my overall health improve.”

From March 2020 until Oct. 15, 2022, thousands of truck drivers were allowed to operate under a federal COVID-19 emergency declaration that allowed them to haul essential goods across the country without having to deal with stringent hours-of-service regulations.

According to data FMCSA provided to Land Line last year, the agency was aware of only two crashes involving truck drivers operating under the waiver. Both were single-vehicle crashes, and one occurred on private property.

“The agency has no information that suggests that past or existing emergency exemptions have in fact negatively impacted road safety,” FMCSA wrote in a December notice.

FMCSA received 117 comments on the notice.

“This is a good idea,” Bobbie Daugherty wrote. “It would also benefit other drivers as well. Not having strict, rigid hours of service would benefit drivers in that they can better manage their driving schedule and their operating time in a way that does not cause them stress or cause undue penalties for circumstances outside their control. Personally, John’s request should be granted.”

Like Killmer’s request, FMCSA had not made a ruling as of press time. LL