Increased flexibility will lead to improved safety, truckers say

The message is clear. Truck drivers want more flexibility within the hours-of-service regulations.

During the FMCSA’s hours-of-service listening session at the Great American Trucking Show in Dallas this past August, many truckers suggested an increase in flexibility will promote an increase in safety.

“One size doesn’t fit all,” said OOIDA Board Member Steve Davenport. “Ninety percent of the freight moved is by small trucking companies, and all they’re asking for is flexibility and some common sense. Safety is my concern.”

Earlier in August, FMCSA announced an advance notice of proposed rulemaking to consider changes to the current hours-of-service regulations. The listening session in Dallas was the first of three opportunities for truckers to sound off on the topic to the agency.

“Since I started, all I kept hearing is that we needed more flexibility in hours of service,” FMCSA Administrator Ray Martinez said.

“The advance notice of proposed rulemaking is a formal way that we seek guidance from the public, from stakeholders, drivers and motor carriers on any potential rule that we might engage in.”

The Owner-Operator Independent Drivers Association helped lead the way toward changes in the hours-of-service regulations as it issued a petition to FMCSA on Feb. 13. In the petition, OOIDA pushed for flexibility within the 14-hour duty clock and elimination of the 30-minute rest break.

Several truck drivers echoed OOIDA’s requests.

“We’re looking for some way to encourage safety and have some flexibility in the system,” said Tom Chavez, a truck driver based out of Texas. “If you have a flat tire, you have about a three-hour window. Right now if you have a problem on the road, your day is shot. You might as well come back home and start over the next day.”

Chavez also explained why the 30-minute break doesn’t work for most truck drivers.

“The 30-minute break is kind of obsolete,” he said. “Nobody is hungry at a certain time. It’s kind of ludicrous to say that you’re mandated to take a potty break. You know if you’re older and you’re on the road that if you have to go, you have to go now. Not 30 minutes from now. I have to go now.”

Dick Pingel, an OOIDA board member, touted the Association’s plan that would allow drivers to take a rest break once per 14-hour duty period for up to three consecutive hours as long as the driver is off-duty.

“Every time that I take a break for safety, I’m penalized because of the 14-hour rule,” Pingel said. “Our rule would give us those extra three hours, because nine times out of 10 when you’re sitting – at on (or) off duty – you’re taking a break anyways.”

Danny Schnautz, an OOIDA senior member, suggested the FMCSA let experienced, professional drivers prove how an increase in flexibility could improve safety.

“We have a chance to learn about what is really working for the proven, safe truckers,” Schnautz wrote in an online submission. “Since strict HOS compliance can at least conceivably be counter to safe operation in many cases, will FMCSA let some of the supersafe, experienced drivers participate in a two-year pilot program with dramatically increased HOS flexibility?” LL