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FMCSA courts industry input on proposed changes to HOS

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At events like the Great American Trucking Show (GATS), the line between work and play is intentionally blurred. It’s an industry trade show dressed up like a carnival. There are seminars and country music, entertainment and opportunity. You can look for new equipment or a new job, or you can look at all the tricked-out trucks and pretty girls.

On Friday, August 25, the second day of this year’s GATS, while the action on the convention floor was in full swing, a conference room one flight below was packed with GATS attendees who took time from the frivolity for some serious business. A contingent from the Federal Motor Carrier Safety Administration  was conducting a listening session.

Three days earlier, the FMCSA had announced it was issuing an Advance Notice of Proposed Rulemaking (ANPRM) as the first step toward possibly making changes to the Hours of Service regulations, and it was opening a 30-day comment period for all interested parties to voice their thoughts and opinions and to share with the agency any relevant data on how revisions to the current regulations could alleviate unnecessary constraints on drivers while maintaining or even possibly improving safety.

The session at GATS was the first of a series of planned in-person forums on the matter. FMCSA Administrator Ray Martinez came out to lead the session. A few hours prior to the session, he spoke with reporters about the ANPRM and his intention to keep this on the fast track.

“One of the things this agency has been accused of, and other federal agencies have been accused of, is moving at a snail’s pace, at a glacier’s pace,” Martinez said.

“We want to move this along on a fast track. I think we’re at a critical moment here. It’s been 15 years since Hours of Service has been seriously addressed. This is a critical, possibly pivotal moment.”

The conditions under which drivers operate have changed since HOS was introduced, Martinez explained. Highway congestion has increased, but at the same time the push is on for ever-faster delivery.

“It’s also a very healthy time for the industry,” he said, and there’s a need to make sure drivers’ time can be utilized both safely and efficiently.

In his first six months on the job, he said, if he had to boil down what he’s heard so far into a single message, it’s that HOS is an extremely important issue to everyone in the industry, and the most important aspect of HOS that needs to be addressed is “flexibility, flexibility, flexibility.”

The ANPRM lays out possible changes to four areas of HOS:

  • Expanding the current 100 air-mile “short-haul” exemption from 12 hours on-duty to 14 hours on-duty, in order to be consistent with the rules for long-haul truck drivers;
  • Extending the current 14-hour, on-duty limitation by up to two hours when a truck driver encounters adverse driving conditions;
  • Revising the current mandatory 30-minute break for truck drivers after 8 hours of continuous driving; and
  • Reinstating the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks that are equipped with a sleeper-berth compartment.

“These are the things we’re hearing when talking with drivers and carriers,” Martinez said.

The ANPRM also seeks feedback on two recently submitted petitions requesting regulatory relief from HOS rules pertaining to the 14-hour on-duty limitation and pertaining to the 10-hour off-duty requirement.

What’s important at this stage, Martinez said, is that the agency gets the feedback it needs to move forward.

“Give us the information you think would be relevant to making a decision – and this is critical – whether we move forward with this ANPRM. And if we do, what we would include in it and why.”

Martinez emphasized the word “whether,” he explained, because he wants to make sure people don’t assume that now that the process has begun that these changes are a done deal.

“It only happens if there’s participation and good information is provided,” he said.

As much as everyone would like to see changes as quickly as possible, he said, there is no “magic wand” for government regulations. There’s a step-by-step process.

“It starts by listening informally and then taking it through the regulatory process,” he said.

In particular, he said, last year’s runup to the ELD mandate put HOS under a more intense microscope, and the hope is that carriers, associations or universities that have compiled data that can shed some light on these particular issues will share it.

From the FMCSA’s perspective, he said, the key to considering making these changes to HOS must be done “through the lens of safety.”

“This is a great opportunity to leverage what you’re getting,” he said. “Anything that can educate us about this would be helpful.

“I say ‘educate.’ Obviously, we’re familiar with the issues, but this is the opportunity for the broader public to comment.”

Martinez said he came to this session in part because he likes to hear directly from the people he serves. But he also wanted to emphasize the agency is committed to moving on this as quickly as the process will allow, and that FMCSA is genuinely interested in hearing from as wide a swath of the trucking community as possible.

The conference room at the Kay Bailey Hutchison Convention Center could barely contain the sampling of the trucking community who wanted to sit in on this initial listening session, which lasted about 90 minutes with nearly two dozen getting up to say their piece before the FMCSA panel.

FMCSA expects to have three more listening sessions. The first will be held September 14 at Department of Transportation headquarters in Washington, D.C. Others are tentatively planned to take place on the West Coast and southern East Coast.

The ANPRM can also be viewed and comments left at https://www.fmcsa.dot.gov/regulations/hours-service-advanced-notice-proposed-rulemaking

As of Wednesday morning, the site had received more than 900 comments.

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2 Comments

2 Comments

  1. John H Tate

    August 29, 2018 at 10:14 am

    Need to do away with the 70-hour rule all together the 30-minute break every 8 hours and switch back to 8 hours in the sleeper instead of 10 doctors even say anything over 8 hours is bad for a health or anything less is bad for your health or better yet get somebody that actually drove a truck to help write the rules instead of somebody is drove a desk

  2. Thomas A Goodman

    August 31, 2018 at 9:10 am

    lets go back 20 years when i could manage my own sleep and not a machine that has no idea of who i am or what i have been doing all day if send 3 to 4 hours in a dock I am laying down resting or sleeping as it stands now i get to me drop at 11pm and my appt is for 9am i normally put myself in the sleeper when i get their meanwhile when i set my brakes the firs thing i actually do is walk around my truck and trailer bump the tires and generally inspect my unit that takes maybe 10 minutes then i go and get something out of the fridge to eat while my tv is scanning for local channels then i lay down its now 12:30 am i might fall asleep in 15 min to an hour depending on how traffic was getting to my drop if it was heavy and lots of tight turns it may take me two to three hrs to wind down the ELD has no idea of where i am at mentally if im wound up or relaxed i have been driving for 30+ years we used to be able to do 5 on 5 off 5 on 5 off never getting to stressed out now we play beat the clock if you look at the stats their were less fatigue related incidents the than now one other question how are people getting their CDL if they cant speak English i see this at fuel desks and loading and unloading points all over this is wrong!!!!!!!!!!!

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The Nation

Bill to prevent shutdown has benefits for USDOT

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The legislative deal passed to prevent a government shutdown contains $45.3 billion for highways honoring FAST Act funding levels for 2019, plus $3.25 billion in supplemental funding out of the general fund. (AASHTO Journal)

WASHINGTON — As part of bicameral legislative deal to prevent a second partial federal government shutdown while providing monies to build a wall along parts of the southern U.S. border, a total of $26.5 billion in discretionary funds and $60 billion from Highway and Airport and Airway Trust Funds will be provided to the U.S. Department of Transportation, according to an article in the Journal, a publication of the American Association of State Highway and Transportation Officials.

The legislative deal passed both the Senate and the House by wide margins.

This legislation also contains final funding for a series of fiscal year 2019 appropriations bills for nine federal departments and related agencies, including the Department of Homeland Security, Department of Commerce, Department of Justice, the Environmental Protection Agency and the U.S. Department of Transportation.

Some of the USDOT appropriations measure include:

  • $45.3 billion for highways honoring FAST Act funding levels for 2019, plus $3.25 billion in supplemental funding out of the general fund.
  • Of that $3.25 billion in supplemental highway funding from the general fund, roughly $2.7 billion will be apportioned to the states as if it were Surface Transportation Block Grant Program funding, while $475 million will be for a Bridge Rehabilitation and Replacement program.
  • $900 million for Better Utilizing Investments to Leverage Development or BUILD discretionary grant program grants, divided evenly between rural and urban projects.
  • $2.55 billion for the Capital Investment Grant program, including $1.27 billion for “new starts,” $635 million for “core capacity” and $527 million for “small starts.”

“This legislation makes a significant down payment on the border wall and provides a bipartisan path forward to complete the remaining FY19 spending bills,” Sen. Richard Shelby, R-Ala., chairman of the Senate Appropriations Committee, said in a statement.

“Our bipartisan efforts have been essential in securing the passage of this bill and completing the FY19 appropriations process,” he said. “It is my hope that we will all continue to work together as we turn to the FY20 appropriations bills.”

“This is not the agreement I would have reached on my own [as] there are things in this bill that I support, and things that I disagree with – but that is the nature of a negotiation,” said Ranking Member Sen. Patrick Leahy, D-Vt. “This agreement funds nine federal departments and their related agencies. Everyone had to give something to reach a bipartisan compromise.”

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Driver Ronald Feimster hopes to take the freedom of the road to the next level in 2019  

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Ronald Feimster tried working in other kinds of jobs, but he found he likes the freedom and independence truck driving offers. His goal for 2019 is to get his own truck and become an owner-operator. (The Trucker: KLINT LOWRY)

You don’t head out on the road without an intended destination, and the vast majority of the time you have a route planned out. And it’s not a bad idea to approach life goals the same way.

Ronald Feimster has begun 2019 with a clear idea of where he wants to get to within the next year.

“My goal is to be an owner-operator and to drive for Oakley Trucking,” he said.

Feimster was finishing breakfast at the Iron Skillet at the TravelCenters of America/Petro truck stop at I-40, exit 161, just outside Little Rock, Arkansas. He’d struck up a conversation with a fellow driver, Tim Plubell, who’s been an owner-operator for nearly 20 years (A story about Plubell can be found in the XXX edition of The Trucker), so Feimster’s career goals were at the front of his mind when The Trucker caught up with him.

He’s done his homework, he said. He knows a lot goes into being an owner-operator.

“I drove for a lease operator before,” Feimster said. “He was the owner-operator. And I loved it. I loved the freedom of it. I know you have to pay for your own maintenance, but a lot of these companies nowadays, they help you with the maintenance, so that cuts that in half. Then you have that fuel surcharge, so that cuts that in half.”

Feimster, who hails from Rogers, Arkansas, has also done his homework on Oakley Trucking, a subsidiary of Bruce Oakley Inc., a commodity trading, distribution and transportation company based in North Little Rock, Arkansas. Oakley Trucking specializes dry bulk transportation throughout the Lower 48 and Canada.

“And Oakley, they pay excellent, but the catch is you have to own your own truck,” Feimster said. “Pull their trailers, but you own your own truck. That’s my goal.”

Long-term, he said, at 47, if all goes as he’s envisioning it, if he gets in at Oakley, it could be the kind of situation where he could spend the rest of his career there.

Not that he’s unhappy where he’s at. Feimster drives for Southern Refrigerated Transport, popularly known as SRT.

“They’re a good company,” Feimster said. “I’d recommend them to anybody.”

He runs a dedicated route pulling reefer for Tyson Foods. His route keeps him within the neighboring states of Arkansas. But, as he explained, he generally gets home about every three weeks.

“I could get home every weekend, but you don’t make any money like that,” he said. “You have to stay out here for a little while. Unless I were an owner-operator. Then I would do it differently.”

Feimster first got into trucking in 1998. Before that, he said, “I wasn’t really doing nothing.” In other words, he had jobs, but he didn’t have a career. “I was doing factory work. It wasn’t that good. So, I got into trucking, basically, to start making more money. I went ahead and got my CDL.”

He started out hauling logs. Since then he’s “been around,” he said, gaining experience working for Panther 2, Swift Transportation and Covenant Transport, which owns SRT.

At one point, he tried to get out of trucking. “I was over-the-road, and I was tired of going through those snowy mountains” in Colorado, he said. The job wasn’t worth risking his life.

“I said, ‘I have got to get out of this,’ because I had just gotten married, and then we had our first child. I’ve got to go home and be a dad,” Feimster said.

He went back to warehouse work and even became a supervisor. But he came to realize that he just wasn’t a company-culture kind of guy. One of the best things about truck driving, Feimster said, is there’s “no one breathing over your back.” Even after having been the one doing the breathing, he hates that kind of work environment.

He said he didn’t want to publicly describe the straw that broke the camel’s back and sent him to trucking. The short version of the story is he was told to fire an employee that he firmly believed didn’t deserve it.

“I said, ‘you know what? This is not a good way to treat people,’” he said. “That was enough for me. I talked to my old lady. I said, ‘I’m going to go back to truck driving.’ She said ‘OK, that’s what you want to do?’ I said I was going to be away from home, but our kids are grown. Everything’s fine. She said go for it. Here I am.”

Trucking may not be perfect, but he needs to feel that independence.

Sure, there are a few ways the job could be better. “We would like more pay,” he said, then quickly added, “who wouldn’t?”

It also bothers him that society in general doesn’t value what truckers do.

“If trucks stopped delivering for just a couple days, the country would come to a standstill,” he said. “Why isn’t the profession held in higher regard?”

Well, there isn’t a whole lot he can do about that. He appreciates what the profession means to him, and he intends to make the most of it.

 

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A driver for 45 years, a husband for 44, Tim Plubell’s life is cruising comfortably along

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Tim Plubell started driving a log truck when he was 18, and for nearly 20 of the 45 years he’s been a professional truck driver, he’s been an owner-operator. The freedom and independence are what make it the perfect profession for him. (The Trucker: KLINT LOWRY)

One of the most accurate measures of how much a fellow’s age has distilled into wisdom is the degree to which he has learned to make life easy on himself. It can be in the way he does his job, knowing the best routes to take, the best places to stop. And it can show itself in the way he takes in the world.

At the age of 63 and with 45 years on the road, Tim Plubell has a personality as mellow as if it had been aged in an oak cask. On January 2, he was having breakfast at the Iron Skillet at the Petro Stopping Center off Interstate 40, exit 161, The Trucker’s favorite haunt for meeting drivers.

Plubell was a bit amused.  He said he’d read something on the internet about someone trying to organize a truckers’ shutdown for one reason or another.

“I thought, I do that every few weeks,” he said. “Whenever I go home I shut down for a week. I’m able to do that now.”

Home for Plubell is Frenchville, a little community of about 500 in central Pennsylvania. He was headed back east after dropping off a load in Oklahoma City. That’s about as far west as he goes anymore, he said. In 2019, he’ll have been an owner-operator for 20 years, and he wouldn’t have it any other way.

“I work for myself, I do what I want to when I want to,” he said. “Mainly I just like being out by myself. I’m kind of a loner person.” But as he sees it, that’s one of the qualities that makes a person suited for trucking. It’s suited him his entire working life.

“I’ve been driving since I was 18,” Plubell said. “I started driving a log truck for my uncle.” He continued doing that until his uncle retired and closed his business. From there, Plubell became a company driver until 1999, when he was able to buy a truck and go out on his own.

He’s always liked the driving life, but it’s best as an owner-operator. “I got nobody breathing down my back; I got nobody forcing me to do anything I don’t want to do. That’s what I like about it.”

The only down side, as he sees it, is the amount of time he has to spend away from home to make the money he wants to make. Take this past week, for example. He was home for Christmas, but then he left the day after, and he and his wife wound up spending New Year’s Eve apart.

But even that cloud has a silver lining, he explained. A lot of relationships might be strained from spending so much time apart. Not so for Plubell and his wife, who got married about a year after he started driving for his uncle.

“When I started driving it was good for a while,” he said, referring to married life. “I was home every night. But then … being we got married young, we began fighting about a lot of stuff.” Money was the most frequent topic of conflict, as he recalls, as the young couple struggled to adapt to adult responsibilities.

“So, then I got the opportunity to go over-the-road,” he said. After that, “everything got a whole lot better. The money issues went away, and then we got along better.”

It wasn’t just the money, he said. The time apart made them value the time together even more.

Plubell said he tries to get home every weekend, though it doesn’t always pan out. That’s why he doesn’t venture any farther west than Oklahoma City. And except to get home to Frenchville, he pretty much confines his driving to the Southeast this time of year. Driving in northern winter weather isn’t worth the hassle.

It’s not that he doesn’t trust his own ability. It’s the other drivers out there, the amateurs. “Ninety percent of them that pass you are on this,” he said, holding up his cellphone.

After 45 years, he has a spotless accident record, and he’d just as soon keep it that way.

Aside from sharing the road with drivers who seem to be getting more distracted and discourteous as the years go by, the one other thing that Plubell thinks has gotten worse over the years has been all the regulations truckers have to contend with now.

“I mean, there’s a lot of pros and cons about this ELD that’s come out,” he said. “Me, I don’t mind it. It doesn’t bother me, I can work with it.” But like with a vast majority of drivers, the problem is the rigidity of the rules the ELD is there to log.

For example, a couple of months ago he was making his way home and he hit one construction zone after another. As a result, his clock ran out about 15 minutes from home. Now, in the old days, a driver could say, what the heck, drive the extra 15 minutes, massage the log entry, and who did it hurt, really?

Instead, he had to park the truck, call his son to come get him, and then go back the next morning and get his truck. What sense does that make?

Plubell doesn’t know if he’ll ever fully retire. He has a friend who’s little older than he is who has become a little choosier about how far and how often he drives, and he figures he might follow that example.

Trucking isn’t for everyone, he said, but when it is, it’s tough to imagine not ever doing it.

“I love it,” he said. “If I didn’t, I wouldn’t be doing it.”

 

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