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About the Author

Jason Craig — Director, Government Affairs- C.H. Robinson

Jason has 20 years of industry experience and a deep understanding of government policies. He monitors regulatory and legislative issues impacting the transportation and produce industries for C.H. Robinson. Jason is member of the Minnesota Freight Advisory Committee (MFAC) and serves as an election judge in the City of Minneapolis.

What do the proposed 2020 HOS changes mean for the trucking market?

On August 14, 2019, the Federal Motor Carrier Safety Administration (FMCSA) released the long awaited draft rule updating certain parts of the hours of service (HOS) rules. Read more to learn about the proposed changes.  

What are the proposed HOS changes?

In summary, the changes proposed include (per the American Trucking Association):

Split sleeper berth

  • 7/3 hour splits would be permissible (current requirement is one continuous 10 hour break with limited opportunities to split into 9/1 and 8/2)
  • Potential for 6/4 split

30-minute rest break

  • The break will be required after eight hours of driving time (as compared to eight hours after coming on duty)
  • The break will be allowed while on-duty, not driving (as compared to being completely off-duty)

Adverse driving conditions

  • On-Duty time can be extended to accommodate two additional hours of driving when encountering adverse conditions

Short-hauls

  • Short haul CDL drivers will be able to operate within a 150 air-mile radius and up to 14 hours (as compared to 100 air miles and 12 hours) without needing to track hours with an electronic logging device (ELD).

14-hour clock

  • A driver will be allowed to “pause” their 14-hour on-duty clock once, for up to three hours during their duty day. This would allow drivers to better plan routes that avoid rush hour traffic or accommodate longer loading times without sacrificing drive time.

When will changes go into effect?

While these changes are a top priority for the FMCSA, we will likely need to wait an additional four to nine months before they issue a final rule.

After that, there will be an implementation time in coordination with ELD providers. Realistically, this change could go in effect as early as January 2020. But the likely timeframe we can expect to see changes is April-July 2020.

Who will be most impacted by the HOS changes?

While the entire market would be impacted by these changes, the dray market could feel the greatest impact. The proposal to extend the short haul exemption by 50 miles and 2 hours per day is likely to result in meaningful per day increases in productivity for dray carriers.

How will the proposed changes affect shippers?

These proposed HOS changes are one of the most aggressive moves to add flexibility in the trucking industry in almost 15 years.

If these changes remain, we could potentially see an increase in available capacity through regulatory change.

Things to keep in mind

Everyone should be reminded this is not the final rule and the details can change. When the comment period closes, there will be lots of anticipation regarding what part of this draft proposal remains intact and which parts may get modified. There also could be court challenges following any final rule that is issued.

Regardless of when the final rule gets implemented, it is clear that the intention of the FMCSA is to provide more flexibility to a driver’s day.

If you would like more information or have questions about the impact on your freight, connect with a C.H. Robinson expert today.

- Director, Government Affairs- C.H. Robinson

FMCSA Releases Guidance: Personal Conveyance by Commercial Truck Drivers

On May 31, 2018, FMCSA issued updated guidance on use of personal conveyance by commercial truck drivers. Previously, guidance had restricted the use of personal conveyance to “unladen” vehicles, which many interpreted as bobtail or power only moves. This final guidance makes clear that drivers can use personal conveyance for laden vehicles in certain circumstances.

One of the biggest impacts this guidance will have is to finally provide clear guidance on what to do when a driver runs out of hours on private shipper property due to unexpectedly long loading or unloading delays. Previously there was no clear answer to this as we outlined in this blog from December 2014.

Specific information about the guidance
C.H. Robinson submitted comments specifically asking FMCSA to address this question and they responded as follows:

The following are examples of appropriate uses of a CMV while off-duty for personal conveyance that include, but are not limited to:
Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available.

New guidance adds flexibility
All ELDs have the ability to currently log personal conveyance time. This new guidance by FMCSA will allow drivers significantly more flexibility in the use of safe and appropriate personal conveyance than they were previously able to use.

- Director, Government Affairs- C.H. Robinson

Out-of-Service ELD Enforcement: 3 Things to Know

Out-of-Service ELD Enforcement: 3 Things to Know | The Road

On August 28, 2017, the Commercial Vehicle Safety Alliance (CVSA) announced that out-of-service orders regarding ELD compliance will not be enforced until April 2018. CVSA works with state-level law enforcement departments to enforce transportation policy.

Read More…

- Director, Government Affairs- C.H. Robinson

New CSA Report Recommends Program Overhaul: What Happens Now?

When to Adopt New Carrier Technology and When to Wait | The Road

A widely anticipated report on the Compliance Safety and Accountability program (CSA) was released on June 27 by the National Academy of Sciences (NAS). This report was required by Congress as part of the FAST Act signed by President Obama in December 2015. There had been growing evidence and criticism by carriers, shippers, and brokers that CSA data, and specifically Safety Measurement System (SMS) BASIC percentiles, were misleading and inaccurate when applied to individual carriers.
Read More…

- Director, Government Affairs- C.H. Robinson

ELDs: What You Need to Know

ELDs: What You Need to Know | The Road

It appears at least one of the potential roadblocks to ELD implementation is now off the table. This week, the U.S. Supreme Court opted not to hear OOIDA’s lawsuit challenging the mandate that truck operators must use electronic logging devices to track hours of service beginning on December 18.

Read More…

- Director, Government Affairs- C.H. Robinson