FACT SHEET

Hours of Service

KEY LAWS AFFECTING MOTOR CARRIERS

1937: Current Hours-of-Service rules issued by Interstate Commerce Commission (ICC):

• ICC Commissioners expressed misgivings that rules might not be conducive to safety.

1938: Fair Labor Standards Act exemption:

• trucking industry exempted from overtime compensation;
  creates incentive to drive long hours putting drivers and the public at risk;
• no major profession in the U.S. accrues more work hours under a formal regulatory regime than truck and motor coach (bus) drivers.

1984: Motor Carrier Safety Act requires DOT standards that must ensure:

• commercial vehicles (trucks and buses) are operated safely;
  driver responsibilities do not impair ability to operate vehicles safely;
• physical condition of drivers is adequate to operate their vehicles safely;
• operation of trucks does not have a deleterious effect on the physical condition of drivers.

1999: Motor Carrier Safety Act of 1999:

• requires creation of a new safety agency, the Federal Motor Carrier Safety Administration (FMCSA);
• emphasizes need to focus on and improve commercial motor vehicle safety;
• establishes safety as the highest priority of new agency.

HISTORY OF THE HOURS-OF-SERVICE RULEMAKING

1978: Federal Highway Administration (FHWA) issues Advanced Notice of Proposed Rule Making (ANPRM) to provide drivers with more rest time:

• proposal to improve driver rest and recovery without increasing driver duty hours driving;
• stressed elevated health risks to drivers including chronic problems of diet, sleep deprivation leading to hazardous driving, mental and physical stress, emotional/psychological deficits resulting from long periods away from home and family, and exposure to excessive heat and carbon monoxide.
• rulemaking was proposed by the Carter Administration and withdrawn by the Reagan Administration in 1981.

1992: FHWA issues Notice of Proposed Rule Making (NPRM) to increase on-duty hours and shorten weekly off-duty layover period:

• over 70,000 comments filed, with the overwhelming majority opposed to longer hours;
• leading Congressional members opposed longer hours;
  • major health, safety, union, insurer, law enforcement, consumer, victims and some industry groups opposed longer driver hours;
• FHWA stated supporters of rule provided no substantive research to justify increasing duty hours and reducing off-duty time;
• rulemaking was proposed by the Bush Administration and withdrawn by the Clinton Administration in 1993.

1997: FHWA issues ANPRM request for research on driver fatigue:

• FHWA failed to cite numerous studies on fatigue and performance;
• FHWA spent $4.5 million on Driver Fatigue and Alertness Study (DFAS) which was partly directed by the trucking industry;
• FHWA tries to avoid inclusion and public review of DFAS in the ANPRM;
• FHWA withholds expert panel report critical of DFAS until required to release report under Freedom of Information Act.

2000: FMCSA on May 2, 2000, issues an NPRM that increases the maximum consecutive driving hours:

• proposed rule requires that work and rest alternate only within a 24 hour period;
• proposed rule mandates electronic onboard recorders for long-haul and regional drivers;
• proposed rule expands the maximum consecutive driving hours from 10 to 12 hours;
• proposed rule increases the off-duty rest time from 8 to 9-12 hours, depending on the type of driver;
• proposed rule provides no distinction between driving and non-driving on-duty time;
• there is no research that shows increasing off-duty time counteracts the decreased performance and elevated risk produced by more driving hours.