FMCSA wants to see how 2005 HOS rule affects drivers
FMCSA wants to go to the source, the drivers, to find out how the current HOS rule affects them.
The Trucker Staff
3/21/2008
The Federal Motor Carrier Safety Administration is seeking a better understanding of the Commercial Motor Vehicle driving population and the perceived effect of its new Hours of Service rule.
FMCSA officials want to analyze the impact of the new HOS regulations on drivers and the effects of these regulations on driver fatigue as well as acquire general demographic information regarding the CMV driving population.
An Information Collection Request (ICR) was forwarded to the Office of Management and
Budget (OMB) to request an emergency approval process. FMCSA requested approval of this ICR no later than 30 days from the date of publication of the notice on March 20.
The HOS rule, adopted in August 2005, was intended to align truck drivers' schedules with the normal 24-hour circadian cycle and provide drivers with better opportunities to obtain more restorative sleep, the ICR stated.
“This HOS rule is intended to minimize the occurrence of operational errors on the road,” FMCSA’s request stated. “However, in July, 2007, two provisions of the
HOS rule were vacated by the United States Court of Appeals for the District of Columbia Circuit.”
The court held that FMCSA had failed to provide an opportunity to comment on the methodology of its operator-fatigue model, and that it failed to explain the elements of that methodology. Because the model is the basis for the cost-benefit analysis which supports the increase of driving time from 10 to 11 hours and of the 34-hour restart, the court vacated those two provisions. The court subsequently stayed its mandate for three months, until December 27, 2007, the ICR stated.
“FMCSA would like to analyze, in great detail, the impact of the 2005 HOS regulations on drivers,” the agency stated. “Related to this issue is truck driver fatigue. Fatigue mitigation has been a high priority in the Department of Transportation and the FMSCA for many years. The 2005 HOS regulations required drivers to take two additional hours off duty every day, allowing them to obtain the seven to eight hours of sleep that most people need to maintain alertness. An understanding of whether the rules are perceived to be having the desired effect on driver sleep is needed.
“Additionally, understanding drivers' napping habits and other solutions for coping with fatigue would provide input for future solutions and policies to better accommodate these issues” FMCSA stated in the ICR.
The agency also stated that it would like to obtain information on the CMV driving population. Driver-related factors are an important consideration in CMV crashes, but there is no central nationwide source of information describing the population of drivers holding a Commercial Drivers License (CDL).
An estimate of the number of commercial drivers and particular subsets of drivers (e.g.,
short-haul, regional, long-haul) is needed and would benefit FMCSA in assessing the impacts of future initiatives, policies, and rules and the improvement of its safety programs.
The goals of this survey are to obtain CMV drivers' opinions on the new HOS regulations and the effects of these regulations on driver fatigue and to acquire general demographic information regarding the CMV driving population. Data for this project will be collected via driver interviews and from a one-time, hard copy, mailed survey. Drivers will provide information regarding the nature of their work, experience, and employment history, their perceptions regarding the effect of the HOS regulations, and methods for coping with fatigue. The results of the information collection will be summarized and made available to the public. It will be used to inform future initiatives, policies, and rules; develop a picture of the commercial vehicle driver population for use in future FMCSA research; and contribute to the general literature regarding fatigue management.
Public comment is sought on the ICR. Those who wish to do so are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the performance of FMCSA's functions; (2) the accuracy of the estimated burden; (3) ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information.
Comments must be received by April 21. OMB must receive comments by this date in order to act quickly on the ICR.
Submit comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., Washington, DC 20503, Attention: DOT/FMCSA Desk Officer.
No online comment access is available at this time.