‘Common sense’

The International Brotherhood of Teamsters and several safety groups contend that changes to the hours-of-service regulations will negatively affect highway safety.

Specifically, the groups are challenging the Federal Motor Carrier Safety Administration’s changes to short-haul operations and the 30-minute break requirement with the U.S. Court of Appeals for the District of Columbia Circuit.

“The final rule fails to demonstrate that the agency considered all relevant factors and engaged in reasoned decision-making,” the petitioners’ brief stated.

“Accordingly, the final rule is arbitrary and capricious, and the court should set aside the provisions on short-haul drivers and the 30-minute break requirement.”

In January, the FMCSA and the Owner-Operator Independent Drivers Association, an intervenor in the case, had an opportunity to fire back.

FMCSA said the changes promoted flexibility without hindering safety, while OOIDA said the modifications were rooted in common sense.

How we got here

The hours-of-service rule changes went into effect in September 2020. The lawsuit was filed shortly before then but was placed in abeyance early in 2021 so a new administration could become familiar with the case. The case resumed in October.

The agency’s final rule made four major changes to the hours of service.

• The on-duty limits for short-haul operations increased from 12 to 14 hours and from 100 air-miles to 150.
• The adverse driving provision extended the driving window two hours if the driver encounters adverse driving conditions. In the final rule, the definition of “adverse driving” was modified so that the exception may be applied based on the driver’s (and the dispatcher’s) knowledge of the conditions after being dispatched.
• In addition to splits of 10/0 and 8/2, drivers are allowed a split-sleeper option of 7/3. Also, the qualifying period doesn’t count against the 14-hour window.
• The 30-minute break provision was modified to require the break after eight hours of driving time (instead of on-duty time) and allows an on-duty/not driving period to qualify as the required break.

The lawsuit – which was filed by the Teamsters, Advocates for Highway and Auto Safety, the Citizens for Reliable and Safe Highways and Parents Against Tired Truckers – targets the provisions involving short-haul operations and the 30-minute break requirement. The petitioners said the changes to the short-haul limits did not account for the risks of driving later in the workday and failed to adequately respond to a study showing that driving under the short-haul exemption increases crash risk by 383%. In addition, the Teamsters and the safety groups argue that the changes to the break requirement ignored the effect on safety of cumulative fatigue.

FMCSA response

The agency countered in its Jan. 18 response brief that the petitioners lack standing, saying the groups haven’t even attempted to identify members who have suffered harm from the rule. In addition, FMCSA called the changes incremental and noted that it developed the rule over two years.

“The incremental changes to the hours-of-service rules challenged here reflect FMCSA’s weighing of scientific evidence and its careful consideration of the potential impacts on driver health and safety,” the agency wrote in its respondent brief. “The current rule does not alter the length of time a driver may drive, and it generally requires a 30-minute break after eight hours of driving.”

Prompted by a petition from OOIDA in 2018, the agency issued an advance notice of proposed rulemaking in August of that year. FMCSA conducted several listening sessions and received more than 8,000 comments from the public before releasing the final rule.

Many of the comments from drivers complained that the hours-of-service rules were too rigid. By placing strict regulations on when truckers can’t drive, the rules put pressure on truck drivers who are mostly paid by the mile to drive during the window that the hours of service allow regardless of traffic, weather, or fatigue. Through the comments and listening sessions, numerous truckers asked FMCSA to move to a system that gave drivers the ability to drive when they feel it is safe and to park when they believed they were too tired or the conditions were dangerous.

“Even if petitioners had established standing to challenge the final rule, FMCSA’s exercise of its expertise and discretion to modify existing hours-of-service rules was appropriate and reasonable, and the petition for review should be denied,” FMCSA wrote.

OOIDA response

Serving as an intervenor in the case, OOIDA defended the changes to the hours of service in its Jan. 25 brief.

The Association said the rule updates were based on common sense and do not negatively affect safety.

“FMCSA’s changes to the 30-minute break requirement and to the scope of the short-haul exemption represent commonsense updates to the hours-of-service rules that significantly increase flexibility for commercial truck drivers while maintaining safety at least equivalent to previous versions of these rules,” OOIDA wrote. “In adopting the final rule, the agency relied on ample evidence from the administrative record demonstrating that more hours-of-service flexibility means more efficient trips and less stress for drivers, improving safety on the road.”

OOIDA specifically defended the FMCSA’s updates to the rules involving short haul and the 30-minute break.

The Association said that the petitioners’ claim that more short-haul drivers will exceed the maximum driving time isn’t supported.

“The advocates’ argument that the longer 14-hour workday will increase the likelihood that short-haul drivers will exceed the driving limits is premised upon the implied suggestion that, as a general matter, drivers generally push to drive the maximum hours allowed under the rules or longer,” OOIDA wrote. “It may be possible as a mathematical exercise that the longer workday would provide the opportunity to increase driving time, but nothing in the record supports the advocates’ assertion.”

OOIDA also said the petitioners have not shown that short-haul drivers had a better safety experience working a 12-hour day than long-haul drivers do working a 14-hour day.

The change to the 30-minute break is evidence based, OOIDA said.

“FMCSA specifically pointed to evidence suggesting that any break from time on task provides significant safety benefits,” OOIDA wrote. “In addition to the statistical evidence, commenters provided similar information.”

Many drivers commented that the previous break rule forced them to stop before they were tired and at unsafe times or locations.

“The updated rule lets drivers take advantage of natural, preexisting breaks from driving,” the Association wrote.

What’s next?

As of press time, the petitioners’ reply brief was due Feb. 15. Final briefs were due March 8. LL