Changes to federal law may make roads more dangerous

There are many federal laws that regulate the trucking industry and are intended to make the roads safer for everyone. One set of these rules is called the ‘Hours of Service’ rules. These rules dictate the amount of time long haul and short-haul drivers can be on the road. Now, the Federal Motor Carrier Safety Administration (FMCSA) is considering changing these rules. 

The current rules establish that truck drivers must drive for only 11 hours within a 14-hour time period of being on-duty. Once that period ends, drivers must then rest for ten consecutive hours before going back on duty. At least once every eight hours, truck drivers must also take a 30-minute break. The trucking industry has argued for years that these rules are unfair, excessively rigid, and costly.

Under the new rules, the FMCSA is considering changing many rules. These include:

• Allowing drivers to use on-duty status for breaks rather than off-duty status. This would also tie the break requirement to eight hours of driving time without interruption for at least 30 minutes. 
• Allowing drivers to split their ten hours of consecutive rest into two time periods. One of these periods would be for seven hours, while another would be for not less than two hours. 
• Allowing one off-duty break at least 30 minutes long, but not more than three hours, with the break not being included in the driver’s 14-hour driving window.
• Extending the two hours longer in adverse driving conditions.
• Extending the distance short-haul drivers can travel to 150 air miles from 100.
• Extending the hours short-haul drivers can be on the road to 14 instead of 12.

“It is important to understand that these proposed changes have not been made into law just yet,” says personal injury attorney Davis Haines of Haines Law, P.C. “The FMCSA asked the public for their comments on the rules and so, anyone who had strong feelings about them one way or the other had an opportunity to submit their comment on the Federal Register Notice. The FMCSA will now consider all comments when making their final decision.”