Page 34 - ATR 4 2013

Hour of discontent

Research finds significant flaws in Fed’s 34-hour restart benefit-cost calculations

as well as how much rest is required ment that restarts include two consecu-
by rebecca M. brewster between work periods. Safety benefits tive off-duty periods from 1:00 a.m.
Guest Writer aside, the rules are critical to the finan- to 5:00 a.m. – and found a significant
cial viability of drivers and motor carri- delta between the FMCSA-purported
st
On July 1 the trucking industry ers; the HOS regulations limit the time benefits and likely costs to the industry.
saw yet another change to the Hours- that is allowed for earning income, and As part of the rulemaking process,
of-Service (HOS) rules go into effect. non-compliance carries severe penalties. FMCSA conducted a Regulatory Impact
While the impacts of these changes on From 2010 through mid-2013 Analysis (RIA) for the rules changes,
the supply chain are just beginning to a rulemaking process took place to which calculated a net benefit of $205
play out, there is little question in the change the HOS. That process consid- million annually, with $133 million of
industry that there will be impacts and ered decreasing daily driving allow- that net benefit calculation estimated
that the Federal Motor Carrier Safety ances, limiting the use of the 34-hour by ATRI to be attributed to the restart
Administration (FMCSA) underestimat- restart and requiring many drivers to provisions. FMCSA’s cost-benefit analy-
ed the costs these changes will extract take a 30-minute rest break. The final sis is based on the agency’s assertion
from the economy. rulemaking ultimately included two that the costs and benefits are limited
Since the implementation of the changes or provisions to the 34-hour to the 15 percent of the 1.6 million
first far-reaching changes to the HOS restart rule and a 30-minute rest break over-the-road drivers with the most
regulations in 2003, there has been sig- requirement. intense driving schedules. This limita-
nificant debate and uncertainty related The American Transportation tion forms the basis for two significant
to the rules. FMCSA’s HOS rules govern Research Institute (ATRI) recently pub- problems with the FMCSA analysis.
both the number of hours a commer- lished its assessment of the two 34-hour First, many drivers in the remaining
cial driver may be on-duty and operate restart changes – limiting the restart to 85 percent of the population will likely
a commercial motor vehicle (CMV), one every 168 hours and the require- experience productivity losses due to the

34 arkansas Trucking reporT | issue 4 2013