The hours of service rules have been designed as a one-size-fits-all. However, the trucking industry is vast and diverse. A single design doesn't work for every sector of the industry. The NATA feels that the American economy, small businesses, and road safety are adversely affected by the hours of service rules. The rules cause poor utilization of the equipment that is in service by restricting driver availability to 6.5 productive hours per day on average.
Utilization of the American Truck Driver
https://ctl.mit.edu/sites/ctl.mit.edu/files/theses/scm2020-buttgenbach-utilization-of-the-american-truck-driver.pdf
Parking - Flexibility allows truck traffic to flow in rotation as drivers are taking rest breaks at loading/unloading points.
Detention - Drivers have long wait times for loading/unloading. With flexibility, drivers may use this downtime as a rest period.
Coercion - Service failure reports/Late pick up and delivery/late fees. These practices cause stress and may lead to tired/fatigued driving.
Stress - Humans tend to lose focus when they experience stress. This means that mental and motor functions deteriorate. This also leads to poor health conditions, which is another safety concern for the FMCSA.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7674527/
https://www.ncbi.nlm.nih.gov/books/NBK541120/
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6856650/
Speeding - Regulatory restrictions cause stress and may cause drivers to unconsciously speed.
Split Break - Pauses the clock and extends the day. Loss productivity - Flexibility allows drivers to maximize performance.
Traffic Congestion - Flexibility allows drivers to break during peak hours.
Various sleep patterns - Monophasic, Biphasic, triphasic, and Polyphasic sleep patterns. People function on various types of sleep patterns. Monophasic sleep patterns are not always reliable in a diverse industry, such as trucking.
sleepopolis.com/education/biphasic-sleep/
Electronic Logging Device - While mandated by legislative authority, the FMCSA made no effort to study the cybersecurity risks that the ELD may impose. Although, the concern was brought to their attention.
Other Related Matters - Truck drivers share the road with drivers that are intoxicated with alcohol and other mind altering substances. There is a matter that people may commit suicide by truck. Road maintenance may be a factor in motor vehicle accidents (missing lane markings, potholes, Missing or malfunctioning traffic control devices, etc...)
Our Proposal to the issue of hours of service rules
49 USC §31502. Requirements for qualifications, hours of service, safety, and equipment standards do not require a maximum hours of service rule. Due to the aforementioned reasons, we would like to eliminate the hours of service rule and implement a voluntary hours of service rule for drivers that feel a need to have it against abusive dispatchers. A driver must submit notice in writing and wait 5 business days before discontinuing a voluntary hours of service rule.
This will not affect road safety while freeing up funds that the FMCSA may utilize in advanced training programs. This will allow drivers to get adequate rest breaks as their body determines with a gain of productivity. Drivers will feel less work related stress, which will eliminate fatigue and some health related issues and reduce speeding. Flexibility will help to alleviate the issues for much needed parking and allow drivers to park during peak driving hours, which will reduce the risks of accidents during those times. 49 CFR 392.3 Ill or Fatigued Operator may be used for enforcement when a driver is being coerced to drive while
tired. It's time to start enforcement against trucking companies, as opposed to truck drivers. How do we trust a federal regulatory agency that cannot guarantee its work? in 2013 the subcommittee on Contracting and Workforce of the Committee on Small Business held a hearing titled "WRONG WAY: THE IMPACT OF FMCSA'S HOURS OF SERVICE REGULATION ON SMALL BUSINESSES". Many committee members expressed a great deal of dissatisfaction with the Hours of Service rules and
the FMCSA's regulatory approach to the situation. The United States is under a considerable amount of debt and small businesses are being impacted by poor regulations. it's in our nation's best interest to utilize our transportation resources to its fullest capacity. We should encourage workers to be productive and allow workers the opportunity to expand their personal income to its greatest potential. Why are regulatory agencies attempting to hinder our nation's economic growth? According to the American Trucking Associations, the trucking industry spent 14 Billion dollars in safety in 2022. Compared to the FMCSA's 675.8 million dollars. The trucking industry needs less regulations and more respect for its efforts.
Other related material:
SBA Office of Advocacy - Regulations Affect More Than Trucking
https://advocacy.sba.gov/2018/07/11/trucking-regulations-affect-more-than-just-trucking-companies/#:~:text=New%20burdens%20put%20on%20small,and%20delivery%20time%2C%20he%20said.
Traffic Safety Impact of the COVID-19 Pandemic: Fatal Crashes Relative to Pre-Pandemic Trends, United States, May–December 2020
https://aaafoundation.org/wp-content/uploads/2022/12/22-1339-AAAFTS_Impact-of-COVID-19_Research-Brief_r3.pdf
See Transportation Policy Issues