New HOS rule goes into effect this weekend

WASHINGTON, — Truckers hauling in the U.S. will have to take at least eight consecutive hours off starting tomorrow.

Enforcement officials on U.S. highways will begin urging carriers to comply with the Federal Motor Carrier Safety Administration’s new hours-of-service rule, which includes a major change to the so-called sleeper berth exception.

The amendment to FMCSA’s 2003 regulation is subtle, yet packs a big punch. Drivers are now required to take eight consecutive hours off as part of their mandated 10-hour, off-duty time. The additional two hours may be taken in or out of the sleeper berth. Under the previous rule, drivers were allowed to obtain the necessary off-duty hours by splitting their sleeper berth in two periods of their own choosing, as long as one was a minimum of two hours long.

Recognizing that neither the motor carrier industry nor enforcement agencies will be able to implement every provision of the new regulations immediately, the FMCSA says it will allow a transition period or soft enforcement period from Oct. 1 through Dec. 31, 2005.

The timeframe would give industry and law enforcement officials time to adjust to the rules, FMCSA says. During this transitional period FMCSA will monitor carriers for egregious violations — those that “show a clear disregard for safety by the motor carrier or operator” — of the new hours of service rule and pursue enforcement action when necessary.

However, under existing procedures, more than 20 states have already codified the revised rules in state law and have the option of immediate enforcement on interstate drivers and carriers, while the remainder of the states must follow an administrative or legislative approach to adoption.

Meanwhile, American Trucking Associations President and CEO Bill Graves said yesterday the group is pursuing legislative actions to seek a delay in the implementation date. At the same time, ATA is pursuing a stand-alone bill in Congress that seeks to delay enforcement of the sleeper berth provisions until January 2006.

The amendment has received vocal criticism from all sides — carriers, drivers, unions, and special interest groups.

Last week, the Teamsters Union and Public Citizen, Advocates for Highway and Auto Safety, and other highway safety groups filed a challenge against the new HOS regulations.

“We are extremely disappointed that the agency basically issued the same HOS rule that was thrown out by the federal court because that version didn’t consider the health of the driver,” said Jim Hoffa, Teamsters general president in a press release. “This new rule is almost identical to the current rule and the two additional changes they made — the sleeper berth modification and the new short haul provision put our drivers at greater risk.”

For once, such groups are in agreement with many carriers as well. Critics warn that unavoidable delays such as traffic, loading, and customs issues will now take a greater toll on productivity as the clock continues to tick down to the minute the driver runs out of available hours.