Hundreds of comments in support were not enough for the Federal Motor Carrier Safety Administration to grant a truck driver’s request for additional split-sleeper berth options.
In February, Matthew Killmer, a truck driver from Taylorsville, N.C., asked the agency for an exemption from the hours-of-service regulations that would allow him and other drivers to split their sleeper-berth time into two five-hour periods.
FMCSA received 279 comments with 222 in support of Killmer’s request.
However, the agency announced in a notice that is scheduled to publish in the Federal Register on June 7 that it has determined Killmer’s exemption would likely not achieve an equivalent level of safety.
Current regulations allow truck drivers to split their 10-hour rest periods into such combinations as 8/2 or 7/3. FMCSA said that it believes splits of 6/4 and 5/5 could lead to cumulative fatigue.
“There is no clear evidence – to say nothing of a scientific consensus – that a 6-hour (or shorter) sleeper-berth period is long enough to prevent cumulative fatigue,” FMCSA wrote. “This is especially obvious since drivers cannot be expected to fall asleep immediately.”
As part of Killmer’s application, he said the exemption would allow him to be a “more alert and well-rested commercial motor vehicle operator and allow him to find a safe place to park.” Killmer says he and other drivers should be able to make it a 5/5 split if they determine that’s what works best for them.
Support for exemption
Hundreds of truck drivers commented on Killmer’s request, and the majority agreed.
“I agree with this petitioner,” Douglas Weber wrote. “Having the flexibility of 5/5, 6/4, 7/3 or 8/2 for split sleeper would greatly improve safety and efficiency. As a driver of 26 years, I rarely sleep more than five hours at a time. Being required to spend more time in the sleeper, unable to sleep actually hurts my productivity and safe operation.”
Others told the agency that a 5/5 split would help alleviate the nationwide lack of truck parking.
FMCSA said it received 222 comments in support, 11 opposed and 46 neutral.
“Although a large number of commenters supported Mr. Killmer’s request, they did not provide any evidence to demonstrate that the exemption was likely to provide a level of safety equivalent to the current regulatory requirements,” FMCSA wrote. “The agency acknowledges the commenters’ concerns relating to truck parking. However, those concerns are not a valid basis for evaluating the application, as the agency must base its decision on the requirement for an equivalent level of safety.
“For the above reasons, the exemption application is denied.”
Pilot program?
Prompted by a petition from the Owner-Operator Independent Drivers Association, FMCSA started allowing truckers to use 8/2 and 7/3 splits in September 2020.
This past September, OOIDA asked the agency to provide truckers even more flexibility.
OOIDA told FMCSA that it should launch a split-duty period pilot program and add 6/4 and 5/5 splits to truckers’ options.
“These splits would increase flexibility, allowing drivers to increase their productivity without compromising safety,” OOIDA wrote. “In fact, these splits would help to increase both safety along with health/wellness. The truth is that not all drivers are able to sleep eight or 10 hours at a time. Many OOIDA members have commented that they struggle to sleep more than six hours at a time. Thus, allowing them to split their sleeper time more efficiently will allow them to gain more adequate rest, resulting in increased alertness and better driving performance.” LL
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