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MAP-21, the most recent surface
transportation bill, required FMCSA to
complete an hours-of-service field study
of the effectiveness of the new rule,
aN uNiNteNded coNsequeNce appears to be including the 34-hour restart. The study
that, rather thaN usiNg the restart, driVers showed that two nighttime rest periods
from 1 a.m. until 5 a.m. reduced driver
are simply returNiNg to the weekly recap. fatigue, lapses of attention, sleepiness
iN other words, they areN’t restiNg because and lane deviation.
they are behiNd oN their work. The American Transportation
Research Institute (ATRI), however,
has found a different interpretation of
the rule’s effects. In a study released in
November, ATRI reported more than 80
percent of motor carriers surveyed have
a.m. – the thinking being that those are Saturday. But a driver whose week ends experienced a productivity loss under
the optimal sleep times. at 3 a.m. Saturday doesn’t get credit for the new rules, with almost half of them
House Transportation and that night’s rest and must sit out until saying they needed more drivers to haul
Infrastructure Committee Chairman 5 a.m. Monday – 50 hours after parking the same amount of freight. Drivers,
Bill Shuster (R-Pa.) and Rep. Tom Petri the truck. The break can include time meanwhile, have experienced similar
(R-Wis.), chairman of the panel’s high- in a sleeper berth but can’t include on- effects.
ways and transit subcommittee, asked duty time. Drivers can’t start another Among drivers surveyed, more than
the U.S. Government Accountability restart break until exactly seven days 66 percent said the new rules had actu-
Office (GAO) to evaluate whether have passed since the start of their ally led to increased levels of fatigue,
FMCSA collected proper safety and last – the goal being to prevent drivers and 82.5 percent said the new HOS
operational data, whether the number spending 80 hours a week behind the rules had narrowly affected their qual-
and type of drivers included was repre- wheel. ity of life. Drivers said they are being
sentative of the commercial driver pop- Anecdotally, Hansen added there required to drive in more congested
ulation and whether additional daytime have been concerns that the rule will time periods and have decreased their
truck traffic was analyzed for safety put more drivers on the road at the pay. ATRI estimated the annual loss of
outcomes and whether driver groups same time at 5 a.m. He has not seen wages to be $1.6 billion to $3.9 billion.
were appropriate. data as to whether or not that is actu- ATRI surveyed more than 2,300
“Millions of American truckers are ally a problem. commercial drivers and 400 motor car-
critical to the flow of commerce in our For all the complaints about the riers and also analyzed logbook data of
country, and we have to be certain that restart rule, it’s still simply optional. more than 40,000 commercial drivers.
any changes to regulations impacting Drivers who work only eight hours a ATRI’s President and COO Rebecca
their ability to properly do their jobs day never reach the 60-hour or 70-hour Brewster said the research agency will
and earn a living are well founded,” limit and are not required to restart. return to the driver population for a
Shuster said in announcing the GAO Drivers are not required to take 34 third round of data and will analyze
request. hours off duty each week. logbook data. Based on anecdotal evi-
J. J. Keller’s Hansen said the new Asked for comment about this dence, an unintended consequence
rules mean drivers must be more judi- story, the FMSCA furnished prepared appears to be that, rather than using
cious and thoughtful about when they remarks by FMCSA Administrator the restart, drivers are simply return-
restart their week. If they miss their Anne Ferro in a speech before the ing to the weekly recap. In other words,
normal time for a restart, they’re off Transportation & Logistics Council on they aren’t resting because they are
their schedule permanently – and March 17. The hours-of-service rule, behind on their work.
maintaining a regular schedule is not she asserted, will improve safety. “The Brewster said that drivers are
easy for many drivers. For drivers that bottom line is: This rule results in reporting more extended duty days
always drive a weekly schedule and then very important safety benefits for the because they are driving around looking
are off on the weekends, it might work American public, including preventing for a safe place to park to comply with
out, but many drivers don’t have jobs approximately 1,400 crashes and 560 the rest period requirement. By the time
like that. A driver who gets off the road injuries and saving 19 lives each year,” they find a place to park and then shut
at 7 p.m. Thursday can be back on the she said, according to the prepared
road exactly 34 hours later at 5 a.m. remarks. 36
22 aRkaNSaS tRuckiNg RepoRt | issue 2 2014

