Hours of Service Listening Session: MCSAC Briefing February 1, 2010

2 Background  FMCSA held four public listening sessions to solicit comments and information on potential hours-of-service (HOS) regulations. January 19, Arlington, VA January 22, Dallas, TX January 25, Los Angeles, CA January 28, Davenport, IA

3 Questions for Listening Session Participants to Consider  Specifically, the Agency requested comments concerning factors, issues, and data it should be aware of as it prepares to issue an NPRM on HOS requirements for property-carrying CMV drivers. Rest and On-Duty Time Restart to the 60- and 70-hour Rule Sleeper Berth Use Loading and Unloading Time

4 Factors and Issues Raised by Participants  Flexibility – the current rule does not provide enough flexibility for drivers to rest when they need to rest.  Rules are structured for long-haul; problem for regional operations.  Rest periods after the start of the 14-hour clock should not be included in the calculation of the 14-hour rule.

5 Sleeper Berth  Sleeper berth; the need for more than one option (flexibility); more circadian friendly approach. The rule should allow: 5 and 5 split 6 and 4 split 7 and 3 split

6 Sleeper Berth  Sleeper berth time should extend the 14-hour driving window.  Truck parking – limitations on the availability of truck parking makes it difficult to accumulate 8 to 10 hours in the sleeper berth  Anti-idling laws – impact on drivers’ use of air conditioning and heating for the sleeper berth; reduced quality of rest.

7 Driver Health Factors and Issues  Health Effects Accumulated fatigue Long work hours  Sleep disorder awareness/screening Carriers and drivers need to be aware of the effect sleep disorders have on fatigue; obstructive sleep apnea.

8 Fatigue Management Programs  Include an option for carriers with a fatigue management program: Allow fatigue management programs as an alternative to prescriptive HOS regulations. Only allow fatigue management programs with prescriptive HOS regulations.

9 Driving Time Window  Eliminate “fixed” driving time window; apply maximum driving time and minimum off-duty time periods to a 24-hour clock.  Extend the 14-hour clock to include 2-4 hours of rest periods (16-18 hour clock with minimum of 2-4 hours rest period(s)).

10 Restart of the Weekly Limits  Maintain 34-hour restart; drivers use the restart to return home; a rest period greater than 34 hours is used when the 60- or 70-hour limit is reached at home.  Harmonize the U.S. restart with Canada’s 36-hour restart.  Construction industry exemption provides 24-hour restart; industry members typically use the 24-hour restart rather than the 34-hour restart

11 Documentation of Hours of Service  100 air-mile radius exemption for log books be changed to increase the time limit from 12 hours to 14 hours for returning to the work reporting location.  EOBRs should be required; universal mandate.

12 Applicability of the Rules  Elimination of statutory mandates provided by SAFETEA-LU  Expansion of statutory exemption for towing operations  Uniformity between property carriers and passenger carriers; revise passenger-carrier HOS rules

13 Shippers and Receivers  Shippers and receivers cause delays in the loading and unloading of CMVs; loss of time under the 14-hour rule.  Refuse to allow drivers to stay for extended periods or overnight on their property when the driver runs out of time.  Detention pay for drivers is needed to discourage delays.

14 Other Concepts, Ideas  Need to consider HOS exemption for geothermal industry, similar to oilfield operations rules.  Driving time limit should vary with off-duty time: 8 hours off-duty, 10 hours driving time; 10 hours off-duty, 11 hours driving time.  Increase weekly limits beyond 60- and 70- hour limits.  2-line duty status; on-duty and off-duty.

15 Summary  Range of issues and concepts;  Full transcripts will be posted to the rulemaking docket;  Agency will also review written comments;  No FMCSA judgment about the ideas and concepts;  FMCSA will consider all inputs in developing the NPRM.