Suit may delay implementation of hours of service regulation changes

On July first of this year, two new provisions of the U.S. Department of Transportation’s hours of service regulations are set to go into effect. Among other things, these regulations govern the amount of time that commercial truck drivers can remain behind the wheel before they are required to take a break. The purpose is to make sure that drivers are well rested and alert before they begin working, which can help prevent truck accidents due to fatigue. Though safety advocates believe that changes to the federal hours of service rules are necessary, trucking companies, trucking industry groups and truck drivers themselves have spoken out in opposition to the changes.

Rule changes

Under the current rules, commercial truck drivers are not allowed to get behind the wheel of a truck if they have been on duty for 60 hours over seven consecutive days or 70 hours over eight consecutive days. A driver may, however, restart this 60 or 70 hour calculation if he takes at least 34 consecutive hours off duty. One of the most controversial changes to the hours of service rules involves the use of this 34 hour restart: the current rules do not limit when a driver may take 34 hours off. Under the rules set to go into effect on July first, however, drivers may only use this restart provision once per week and the off duty time must include two periods between 1:00am and 5:00am.

The new rules also mandate that drivers take rest breaks. If a driver has been on duty for at least eight consecutive hours since his last off duty period of at least 30 minutes, the new rules require him to take a break of at least 30 minutes. Under the current rules, drivers are not required to take rest breaks.

Trucking industry opposition

The trucking industry argues that the changes to the hours of service regulations are not only arbitrary, but will also have a significant impact on trucking companies’ bottom lines. Many truck drivers agree and suggest that the changes will prevent them from working overtime hours.

Recently, the American Trucking Association filed suit to block the new regulations from going into effect. A decision by the U.S. Court of Appeals is pending, but is not expected by the July first compliance date. The DOT has said that it does not plan to delay the implementation of the new rules, but rather will go ahead as planned.