Secretary of
Transportation, Norman Mineta, has reported to Congress that the DOT expects to
announce the direction they will take in regards to future hours-of-service
regulations within 4-5 months. However, FMCSA Administrator, Joseph Clapp testified before
Congress, just weeks after Mineta, telling them that no decision has been made
and that FMCSA is still in the preliminary stages of reviewing this issue. The
conflicting information has become quite confusing for everyone involved in the
industry.
Let’s take a look at where
we are and where we may go..
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FMCSA
staffers would still like to see the May 2000 proposal put into place. They worked
hard putting this proposal together and were deeply frustrated by the resounding
opposition to their proposal. With much time, study and resources invested in
this proposal, it is doubtful they will scrap it and start all over again. FMCSA
will also certainly try to regain some lost pride by proposing a regulation that
incorporates some or all of the provisions of the May 2000 proposal.
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Congress
has been preoccupied with national security and airline security in
particular. This will gradually diminish and more pressure will be put on
FMCSA to implement a new HOS regulation. Congressman Wolfe, a longtime
trucking opponent, has recently been speaking up about the delay in
"safety improvements" within the trucking industry. With the
election season almost upon us, members of Congress up for reelection will
be looking for issues to bring them into the spotlight. Truck safety is
always a contentious issue.
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FMCSA has hired a consulting firm,
ICF Consulting, to complete a cost-benefit analysis on three regulatory options:
1) A requirement for on-board computers to monitor
hours-of-service under current regulations.
2) A new assessment of the May 2000 HOS proposal.
3) Adoption of the May 2000 proposal for
over-the-road drivers only.
This study and analysis is expected to take up to a year. It
is doubtful that FMCSA will announce any proposal until after they have received
the study and have had the opportunity to review the data. You can be sure they
will have all their ducks in order before making a formal proposal.
How Will This Affect My Company?
It’s hard to say at this point.
FMCSA hasn’t given any hint of the direction they plan to proceed. However, if
you look at the narrow scope of the study they are undertaking, it would seem
that the final proposal will most likely include elements of their May 2000
proposal.
Question: Does the FMCSA plan on developing an
entirely new HOS proposal?
Answer: Apparently not. Their review at this time seems
to be focused on options involving the current regulations and the May 2000
proposed regulations.
Question: Is FMCSA reviewing their fatigue science
data from the May 2000 proposal, or obtaining additional fatigue data for use in
developing future HOS regulations?
Answer:
From all indications, no. The study currently being conducted is based on a
cost-benefit analysis. There doesn’t seem to be any mechanism in the process
to gather further fatigue and commercial motor vehicle safety data.
Question: How long will this process take?
Answer: FMCSA expects the study by ICF to take at least a
year. Once the study is complete it will take time to review the findings and
incorporate them into a proposed regulation. The entire process could
potentially take 2-3 years or more.
Question: Will the study consider impacts on smaller
companies?
Answer: Yes. FMCSA has specifically targeted the
potential impact of the regulatory options on small companies and the
environment. These elements were not considered when developing the previous HOS
proposal.
Question: What should we do now and what can we do to
help ensure a good regulation?
Answer: Plan
to comply with the current regulations for the foreseeable future. Compliance
with what’s currently on the books, is essential to your safety rating.
Stay informed and stay involved. It
is important that a new HOS regulation be implemented. The current regulation is
over 60 years old and does not meet the needs of today’s industry or do
anything to improve commercial motor vehicle safety. The bottom-line is, any
future proposal must focus on safety, common sense and applicability. A complex
proposal with provision that won’t improve safety is worse than no proposal at
all..... Support your state trucking organizations and let your congressional
delegation know how you feel.
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