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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

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