DOT, FMCSA plan to improve working conditions for drivers

“We’re not done yet.” That was the message of U.S. Secretary of Transportation Sean Duffy on June 27 when he announced several initiatives his Department of Transportation will be addressing in coming weeks.

Duffy’s announcement was a follow-up to the Executive Order issued by President Donald Trump on April 28, 2024, which directed the Secretary to “identify and begin carrying out additional administrative, regulatory, or enforcement actions to improve the working conditions of America’s truck drivers.”

Duffy’s comments were welcome news to many drivers. The DOT, along with the Federal Motor Carrier Safety Administration (FMCSA), posted a fact sheet summarizing the changes announced by Duffy on the FMCSA website.

No speed limiters

In a major move to end a highly controversial proposed rule, the FMCSA and the National Highway Traffic Safety Administration are withdrawing their joint rulemaking that would have required speed limiters on heavy vehicles. The initiative was supported by safety groups and by trucking organizations but vehemently opposed by most drivers and by the Owner Operator Independent Driver Association (OOIDA). Opponents pointed out the safety issues caused by requiring speed limiters in trucks that share the road with smaller, faster vehicles.

The FMCSA fact sheet explained, “This decision respects the professionalism of drivers and acknowledges the proposed rulemaking lacked a sufficiently clear and compelling safety justification.”

ELDs

Another unpopular proposal that was extending rules for Electronic Logging Devices (ELDs) to pre-2000 model year trucks. Many of these devices are connected to vehicle Electronic Control Modules of the vehicles they are installed in, devices that older trucks weren’t built with. Drivers of older trucks will continue using paper logs to meet duty status requirements.

A less specific but still meaningful proposal, “is slashing red tape and eliminating burdensome regulations, which generated nearly 25,000 unnecessary violations in 2024.” This initiative will remove more than 1,800 words from federal regulations. Exactly what will be removed wasn’t specified, however, drivers can hope that mandates that seem more nuisance than safety enhancing will be gone.

Another initiative that may seem vague is FMCSA’s commitment of “renewing its focus on combating unlawful double brokering.” Drivers who deal with brokers often have no idea if other brokers are involved in the transaction, but in these days of rock-bottom freight rates many have wondered if deceptive practices are reducing their revenues. If nothing else, perhaps the renewed “focus” of the FMCSA will clarify what constitutes double-brokering and provide carriers with options to deal with it.

Truck parking

One welcome inclusion in Duffy’s comments and in the FMCSA fact sheet is that the DOT will be spending more than $275 million in grants to create more truck parking spaces. Acknowledged as a major issue by drivers, trucking associations and safety groups, the news will undoubtedly be welcomed by drivers accustomed to searching for a place to rest at the end of a long day.

A good portion of the grant funding, $180 million, will go to improve parking along the I-4 corridor in Florida. The initiative will add 917 parking spaces in three counties.

The agency will also issue a new memo, affirming that truck parking is a national priority under “Jason’s Law,” part of the MAP-21 legislation, clarifying the broad eligibility of government monies for truck parking projects.

Hours of service

Hours of Service (HOS) will get a look from the FMCSA as well. Two new pilot programs were announced with the fact sheet. One will study the effect of allowing drivers to pause their 14-hour on-duty period by anywhere from 30 minutes to three hours. Currently, drivers are required to take a 30-minute break after no more than hours of driving, but can’t deduct that time from their 14-hour clock, effectively taking 30 minutes from their workday. If the pilot is successful, drivers will be able to designate a break time, perhaps long enough to nap, without impacting their 14-hour work period.

Before current HOS rules were enacted, drivers often used such rest periods to rest when they felt the need, rather than by schedule. Such periods also provided options such as splitting the required rest period into two segments, allowing, for example, delaying entry into a busy metro area until a more favorable hour when traffic was lighter.

Splitting the rest period is the subject of another pilot program announced by FMCSA. The proposal would allow drivers more flexible combinations of split periods, such as six and four hour periods or five and five hour periods. Since the 10-hour break was enacted, drivers have not been able to determine the length of rest periods that is best for them. A “split” break of two hours plus another of 8 hours was initially allowed and has been since modified, but drivers were still restricted. This was especially problematic for team drivers, who often traded off after five-hour driving periods. The pilot will be welcome news to drivers who routinely split their rest periods.

Data systems changes

The FMCSA attempt to modernize driver resources and data systems gets a welcome makeover of the DataQ system. For far too long, it has been difficult for drivers to have incorrect inspection or accident information removed from their records. This information often ends up in the driver’s Pre-Employment Screening System (PSS) report, which is seen by prospective employers. Non-preventable accidents and violations which were dismissed or found baseless in court still appear on the driver’s record. While drivers can request a review and removal of erroneous information, the process is time consuming, the waiting period long and decisions are made by a bureaucrat far from the scene of the incident.

The goal, according to FMCSA, is “to improve the impartiality, timeliness, and fairness of the data review process. While an improved review process is a positive, steps should be taken to prevent unsubstantiated data from being placed in the driver’s record to begin with.

While no government agency is likely to achieve administrative perfection, the efforts of DOT and FMCSA to increase their efficiency while providing a fairer shake to our nation’s truck drivers is a great start on a better future.

Cliff Abbott

Cliff Abbott is an experienced commercial vehicle driver and owner-operator who still holds a CDL in his home state of Alabama. In nearly 40 years in trucking, he’s been an instructor and trainer and has managed safety and recruiting operations for several carriers. Having never lost his love of the road, Cliff has written a book and hundreds of songs and has been writing for The Trucker for more than a decade.