From SCDigest's On-Target E-Magazine
- Dec. 16, 2014 -
Logistics News: Controversial 34-Hour Restart Rule Rolled Back for Now, while ATA Says US Truck Driver Pay is On Par with General Household Income
New Law Suspends Rule Until DOT Performs Study on Impact; Driver Shortage and Turnover Show Pay not Nearly High Enough
SCDigest Editorial Staff
In modestly surprising news, the US Congress this weeked passed legislation as part of the overall budget bill that will for awhile at least roll back the controversial new rules relative to what is called the "34-hour retstart" provision. The bill is expected to be signed into law by president Obama any day.
The more limiting 34-hour restart rules for drivers were probably the most opposed aspect of the new Hours of Service rules from the Federal Motor Carrier Safety Administration (FMCSA) that went into effect July 1, 2013.
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Walmart, which pays driver in the low $70,000 range, has of late been advertising extensively for drivers throughout most of 2014. |
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The new law will roll back those rules to what they were before the new HOS regulations went into effect, pending a mandated study of the overall impact of those rules. The new measure "directs the Secretary [of Transportation] to conduct a study of the operational, safety, health and fatigue aspects of the restart provisions in effect before and after July 1, 2013. The Inspector General is directed to review the study plan and report to the House and Senate Committees on Appropriations whether it meets the requirements under this provision."
That means that drivers will once again be permitted to restart their weekly hours by taking at least 34 consecutive hours off-duty, regardless of whether or not it includes two periods of time between 1 a.m. and 5 a.m. A driver can also utilize the restart more than one time per week if necessary.
The American Trucking Associates, representing carriers, and the Owner-Operator Independent Drivers Association (OOIDA) were among the groups opposed to the new 34-hour restart, claiming it hurt productivity while delivering little or no benefit to safety, reduced flexibility, and actually put more trucks on the road during peak morning drive hours.
"OOIDA and small-business truckers applaud the House and Senate for rejecting scare tactics and misinformation and maintaining the bipartisan hours-of-service provision," said OOIDA Executive Vice President Todd Spencer in a press release.
The relaxation of the rule is hardly permanent, however. Because the language resides in an annual spending bill, its terms expire at the end of fiscal year 2015, which is Sept. 30, 2015. Whether the DOT/FMCSA study will be complete by then is anyone's guess, as is what such a study would conclude.
A reasonable assumption is that if the study shows the changed 34-hour restarted rules did not meaningfully improve trucker safety, the Congress would move to make the current relaxation permanent. Also unknown of course is whether Congress would extend the temporary halt to the rules if when the next budget is developed in the summer the FMCSA study is not complete.
The 34-hour rule rollback was actually first proposed for the new Surface Transportation Bill that was signed into law this last summer, but didn't make it into the final wording, it's thought in part due to the accident involving a Walmart truck in June that severely injured actor Tracy Morgan and killed his friend. Reports indicated the Walmart driver had not slept in some 24 hours before the crash.
Carriers have in general overall estimated a negative impact on productivity of about 2-3% from the new HOS rules. What piece of that impact is specific to the 34-hour restart rule is unclear, but one analysis said productivity would be improved about 1% from the change back to the old rules.
ATA Study Says Trucking Wages Comparable to Pay at Most Households, Benefits Competitive
According to new study by the American Trucking Associations, median pay for drivers was on par with the national median for all U.S. households, and the industry offers drivers "competitive" benefits.
(Transportation Management Article Continued Below)
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