34 Hr Reset

June 6th: Article updated to reflect that the Senate Appropriations Committee has voted yes, the bill must still pass the full Senate.

An amendment making its way through the senate that would suspend the restart provisions of the July 1st, 2013 HOS rules has been passed. The amendment still has to be approved by the full Senate and the House before it becomes law, but the 21-9 vote in the Senate Appropriations Committee is a major step towards repealing the most contentious aspect of the updated HOS rules.

If the amendment goes through, the limit of one 34 hour restart per week and the requirement that it include two periods of rest between 1-5am will be suspended for one year. During this time, the FMCSA would be required to study the effects of their restart rules.

The amendment was proposed by Senator Susan Collins of Maine who said that the FMCSA’s rule resulted in “unintended consequences” that had an effect on the trucking industry. Other senators who voted to pass the amendment voiced other concerns, such as Sen. Mary Landrieu’s claim that the thought of the federal government telling a trucker when he or she may or may not sleep gave her a “visceral reaction.”

Of course, not everyone has been for the amendment. According to an article published by Overdrive Online, FMCSA Administrator Anne Ferro spoke in favor her administration’s program saying that it was the result of “rigorous” and “unprecedented analysis.”

“Yes, there has been an economic impact on the industry. We certainly recognized that that would happen,” she said. She went on to excuse the economic impact by say that “the majority of the impact is on the long-haul, over-the-road, irregular route driver,” both slighting OTR drivers and making a claim that Sen. Kelly Ayotte called in to question by commenting that she was shocked by reports of the impact the restart provisions had on both OTR and non-OTR carriers.

Though the FMCSA claims that it is too early to see a measurable impact caused by the HOS changes, supporters of the amendment claim that the restart provisions have caused increased congestion by forcing trucks onto roads at the busiest times of day. According to an article published on Fleetowner.com, even one senator who voted against the amendment said that he would support a change that would suspend the specific provision that related to the 1am-5am requirement.

“I would like to have truck drivers have the option to stay out of the Chicago Loop during the busiest time of the morning,” said Sen. Richard Durbin. “I don’t think that makes it any safer for them or anyone else. And if they want to start driving at 3 a.m. instead of 5 a.m. to avoid congestion in the Loop, I think we ought to have at least some consideration of that.”