FMCSA Conducting Listening Sessions on Hours of Service

Posted on January 21, 2010 
Filed Under HORROR STORIES, HOURS OF SERVICE, IN THE NEWS, POLITICS

Well, the FMCSA is going through the motions in revising the hours of service rules, holding the first of four “listening” sessions in Arlington, VA yesterday. They may call them listening sessions, hearing sessions would be more appropriate. You can talk, they hear you, but they sure as hell aren’t listening.

The Obama FMCSA has already cut a deal with the safety crazies and the Teamsters, now it’s just a matter of how bad it’s going to be. According to the Fleet Owner article, Joan Claybrook…. one of the leading safety leftists out there, is on record as wanting an 8 hour limit (rather than 11), a mandatory 16 hour break, and eliminating the 34 hour reset. The Teamsters also want to eliminate the 34 hour reset.

My guess is it will be a 10 hour rule again, retain the current 14 hour rule, and the 34 hour reset will become a 48 hour reset. And that’s if we’re very lucky. If we’re not lucky, they may do away with the reset altogether. The problem is, the data and the science supports the rules, as is, so for FMCSA to have firm footing in court should the industry sue, they cannot change the rules too much. That’s why I think it’ll be 10, 14, and 48 hour reset. One thing, though, apparently, FMCSA is determined to make good on their deal with Joan Claybrook, and have declared the rule will be out by July, 2010. This means these new rules will probably be enforced by the beginning of 2011.

I know many of you have been just trying to keep the lights on, but this is a major regulatory tsunami which is going to hit in 2011. It is true this is being pushed by a Democrat Administration, and Democrat organizations such as Public Citizen and the Teamsters. However, I can’t say this would be any different under a Republican Congress. The Republicans had the Congress when the rules were changed in 2003, and rather than pass a law cementing them into place, they did nothing, allowing the Democrats to pick them apart with legal challenges. I doubt it would be any different in 2011 under a GOP Congress, if that were to happen.

No, the rules are definitely going to be more restrictive, and your profits will be even smaller. It’s just a matter of how bad it’s going to be.

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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.

Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.

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