In The News

Teamsters, safety advocates petition court to review HOS

WASHINGTON — The Teamsters, Public Citizen, Advocates for Highway and Auto Safety, and the Truck Safety Coalition have asked an appeals court to review “a dangerous Bush-era regulation that increased the amount of time truck drivers can spend behind the wheel,” the participating groups said Monday.

The groups also sent a letter to Transportation Secretary Ray LaHood asking him to begin work on a new regulation that would reduce truck crashes caused by fatigue.

“We have taken this action with the conviction, based on research and scientific data, that longer driving and working hours are unsafe and promote driver fatigue,” the letter said.

The transportation secretary has received the letter and the department is reviewing it, according to DOT spokesman Bill Adams.

The rule, which took effect in 2003, has been rejected twice by the court on technical grounds. It allows truck drivers to drive for 11 hours, one more hour than they were allowed before the 2003 rule. It allows them to drive as many as 77 hours in seven days or 88 hours in eight days.

John Hill, who served as administrator of the Federal Motor Carrier Safety Administration (FMCSA) from August 2006 until the end of the Bush administration, said today he was “curious“ that the Teamsters and others rely on “alleged safety arguments” with the rule permitting 11 hours of driving.

“The HOS rule did much more than permit up to 11 hours of driving,” Hill told The Trucker. “It required drivers to take 10 hours off duty instead of eight hours. It also eliminated the split sleeper berth provisions and allowed drivers who are forced to wait for loads and who are off-duty for 34 consecutive hours to restart their clock, thus allowing more restorative rest.”

However, Bonnie Robin-Vergeer, the Public Citizen attorney who represents the four petitioning groups, said: “Twice now the court has found wanting the agency’s justifications for this unsafe and unhealthy rule. Insisting on the same flawed rule over and over is no substitute for complying with Congress’ mandates.”

The D.C. Circuit Court’s 2004 decision focused on FMCSA's failure to address the health impact of its rule on the regulated drivers.

FMCSA’s latest version of the rule, identical to the 2005 rule which was rejected by the court, was issued on Nov. 13. The rule went into effect on Jan. 19.

“I urge the Obama administration to change direction on truck safety,” said Teamsters General President Jim Hoffa. “The last administration completely disregarded the health and safety of truck drivers. I’m confident President Obama will do better.”

Added Joan Claybrook, president of Citizens for Reliable and Safe Highways, a member of the Truck Safety Coalition, “The Bush Administration’s rule put industry profits in the driver’s seat and public safety in the back seat. This needs to be reversed now.”

To read the petition, go here .

To read the letter, go here .

Barb Kampbell of The Trucker staff can be reached for comment at [email protected] .