FMCSA to test OOIDA’s hours-of-service proposals

Ask and you shall receive.

That’s at least how it worked regarding the Owner-Operator Independent Drivers Association’s request for more hours-of-service flexibility.

When OOIDA Executive Vice President Lewie Pugh testified in front of the House Highways and Transit Subcommittee in March, he told Congress that the current regulations are too rigid and can lead to negative safety outcomes.

Specifically, Pugh asked for provisions that would allow truck drivers to pause their clock for up to three hours and utilize split sleeper berth options of 6/4 and 5/5.

Apparently, the U.S. Department of Transportation was listening.

The DOT announced plans on June 27 to launch a pair of pilot programs that will put OOIDA’s recommendations to the test.

“To improve driver working conditions and quality of life, FMCSA is launching two new pilot programs to study increased flexibility in hours-of-service regulations,” the DOT wrote. “The goal for each pilot is to gather data on whether giving drivers more control over their schedules can improve rest and enhance safety.”

The split-duty periods pilot program will allow participating drivers to pause their 14-hour on-duty period for a period of no less than 30 minutes and no more than three hours.

“This “split-duty period” would provide truckers greater flexibility to rest when they’re tired and avoid factors that make driving unsafe,” Pugh wrote in his March testimony. “A 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 pressured to beat the 14-hour clock. This would result in positive outcomes for driver health and highway safety.”

Additionally, OOIDA would like to see Congress pass the Guaranteeing Overtime for Truckers Act to prevent shippers and receivers from trying to take advantage of a truck driver’s ability to pause their clock by making them wait for hours. In order for the provision to work properly, OOIDA said that truck drivers must be in control of when and when not to pause their clock.

The flexible sleeper berth pilot program will allow participating drivers to split their 10-hour off-duty period into more flexible combinations, including 6/4 and 5/5 splits.

“This flexibility would improve drivers’ rest and alertness,” Pugh told lawmakers. “It makes far more sense to allow alert drivers to leave the sleeper-berth and begin driving with the option to obtain additional rest later in the day, rather than forcing drivers to idly wait for their driving clock to restart. More restrictive sleeper-berth splits can force a trucker to drive when tired and rest when alert. The truth is that not all drivers are able to sleep seven, eight or 10 hours at a time.”

As of press time, it was unclear when the pilot programs would begin and how many truck drivers would be allowed to participate. The agency will soon publish details in the Federal Register about each of the pilot programs.

Previous petition

This is not the first time that OOIDA has worked with the Trump administration to add more flexibility to the hours-of-service regulations.

OOIDA petitioned FMCSA in February 2018 to revise the hours of service. After a lengthy comment period that included thousands of truck drivers asking for more flexibility, FMCSA added an adverse driving provision and made changes to short-haul limits, split-sleeper options and the 30-minute break rule. Those rule changes took effect in September 2020 and were upheld by the U.S. Court of Appeals for the D.C. Circuit in July 2022.

Although the new provisions certainly gave truckers more control over their schedules, OOIDA thought the changes didn’t go far enough.

The current split sleeper berth options are limited to 8/2 and 7/3. Additionally, drivers want the ability to pause their clock to avoid rush-hour traffic or simply because they need an extended break.

“For years, our members have told lawmakers and FMCSA that existing hours-of-service rules are not sensible for today’s trucking industry,” Pugh said. “Hours-of-service regulations that dictate a truck driver’s work schedule are overly complex, provide little flexibility and in no way reflect the physical capabilities or limitations of individual drivers.”

In a way, FMCSA already conducted a pilot program regarding its hours-of-service regulations. The COVID-19 pandemic prompted the agency to issue emergency declarations for more than two years. At that time, FMCSA said it was aware of only two crashes involving truck drivers operating under the waiver. Both were single-vehicle crashes, and neither resulted in serious injuries.

“This shows that drivers are generally not going to abuse additional hours-of-service flexibility at the risk of highway safety,” OOIDA told FMCSA in 2022. “An experienced driver will know when they need to rest or take a break, and this data shows that more practical hours-of-service rules allow drivers to use their time more efficiently without endangering other highway users. We encourage FMCSA to take further action to promote hours-of-service flexibility starting with expanded split sleeper options or letting drivers pause their 14-hour clock up to three hours if necessary.” LL