DOT listens to OOIDA’s call for flexible hours of service

When OOIDA Executive Vice President Lewie Pugh testified in front of the House Highways and Transit Subcommittee in March, he told Congress that truck drivers need more flexibility in the hours-of-service regulations.

Specifically, the Owner-Operator Independent Drivers Association asked for provisions that would allow truck drivers to pause their clock for up to three hours and utilize split sleeper berth options of 6/4 and 5/5.

Apparently, the U.S. Department of Transportation was listening.

The DOT announced plans last week to launch a pair of pilot programs that will put OOIDA’s recommendations to the test.

“To improve driver working conditions and quality of life, FMCSA is launching two new pilot programs to study increased flexibility in hours-of-service regulations,” the DOT wrote. “The goal for each pilot is to gather data on whether giving drivers more control over their schedules can improve rest and enhance safety.”

The split-duty periods pilot program will allow participating drivers to pause their 14-hour on-duty period for a period of no less than 30 minutes and no more than three hours.

“This ‘split-duty period’ would provide truckers greater flexibility to rest when they’re tired and avoid factors that make driving unsafe,” Pugh wrote in his March testimony. “A split-duty period would not increase maximum driving time, maximum on-duty time or decrease minimum off-duty rest periods between shifts. Additionally, drivers would have more chances to get sufficient rest and would not be as pressured to beat the 14-hour clock. This would result in positive outcomes for driver health and highway safety.”

Additionally, OOIDA would like to see Congress pass the Guaranteeing Overtime for Truckers Act to prevent shippers and receivers from trying to take advantage of truck drivers’ ability to pause their clock by making them wait for hours. OOIDA said that in order for the provision to work properly, truck drivers must be in control of when and when not to pause their clock.

The flexible sleeper berth pilot program will allow participating drivers to split their 10-hour off-duty period into more flexible combinations, including 6/4 and 5/5 splits.

“This flexibility would improve drivers’ rest and alertness,” Pugh told lawmakers. “It makes far more sense to allow alert drivers to leave the sleeper-berth and begin driving with the option to obtain additional rest later in the day, rather than forcing drivers to idly wait for their driving clock to restart. More restrictive sleeper-berth splits can force a trucker to drive when tired and rest when alert. The truth is that not all drivers are able to sleep seven, eight or 10 hours at a time.”

This is not the first time that OOIDA has influenced the Federal Motor Carrier Safety Administration to create more flexibility within the hours-of-service regulations.

Prompted by an OOIDA petition, FMCSA implemented several hours-of-service provisions in 2020. Those provisions involved exceptions for short haul and adverse driving conditions, sleeper berth provisions of 8/2 and 7/3 and a change to the 30-minute break requirement.

The provisions in the DOT initiative would create even more flexibility for truck drivers.

It is unclear when the pilot programs will begin. The agency is expected to publish details in the Federal Register in the coming weeks or months.