By TruckingInfo Staff
Rep. Peter DeFazio, D-Ore., introduced a bill that would require the Department of Transportation to study industry detention practices and establish a maximum number of hours that drivers may be detained without being paid.
“Over the years I’ve heard anecdotes from truck drivers that detention time is a big problem and contributes significantly to inefficiencies in the supply chain productivity,” DeFazio said. “I asked (the Government Accountability Office) to study detention time and quantify the results. It’s clear from the report that detaining truckers at loading docks is a significant problem that FMCSA needs to regulate.”
Besides setting a time limit on pay, the bill would require shippers and receivers to pay a fee for detention of drivers beyond the established time and authorize civil penalties against shippers for failure to pay for unreasonable detention time.
The GAO found that driver detention is a prevalent problem: of over 300 drivers interviewed by GAO, 68 percent reported being detained within the past month. It also found that 80 percent of detained drivers had difficulty complying with hours of service requirements, and 65 percent reported lost revenue.
Shippers and receivers control many factors that lead to detention, such as facility staffing, lack of loading or unloading equipment, poor service, and products not ready for pick-up, GAO found. And shippers often disagree with carriers and drivers about the amount of detention time and some motor carriers choose not to collect detention fees from their customers.
DeFazio said the legislation is needed because shippers and receivers are not held accountable for the roles they play in affecting motor carrier safety.
Also, he said truck drivers have hours of service rules rather than wage and hour laws. Without addressing detention time, hours of service rules do nothing to ensure a driver can make a living even when working a full day, DeFazio said. “If a driver is detained beyond a certain period of time, he should be compensated.”
The Owner-Operator Independent Drivers Association hailed the proposal.
“In a just-in-time, deregulated industry, trucking has de-evolved to where truckers are donating their time to the benefit of shippers and receivers. The problem persists because it doesn’t cost shippers or receivers to squander drivers’ time,” said Todd Spencer, OOIDA executive vice president.
Government/Regulations: Related News
2/18/2011 – Right to Repair Act Reintroduced in Massachusetts
The Right to Repair Act has been introduced in Massachusetts for the 2011-12 legislative session. The 2011 legislation is sponsored by Rep. Garrett Bradley (D-Hingham) and Sen. John Hart (D-South Boston) and has over 60 co-sponsors….
2/18/2011 – DeFazio Bill Would Mandate Pay for Excessive Detention Time
Rep. Peter DeFazio, D-Ore., introduced a bill that would require the Department of Transportation to study industry detention practices and establish a maximum number of hours that drivers may be detained without being paid….
2/18/2011 – Safety Groups May Accept Hours of Service Proposal
A spokesman for the organizations that sued the Federal Motor Carrier Safety Administration over hours of service rules said the agency’s proposed changes might be enough to get them to drop their suit. Henry Jasney, general counsel of Advocates for Highway and Auto Safety, would not say the groups won’t retutn to court, but said the changes in the proposed rule do correct some of the problems the court found in previous rulings against FMCSA….
2/17/2011 – TIMTC, U.S. DOT to Sponsor Policy Issues Webinar Focusing On Truck Wireless Communication Technologies
Trucking industry stakeholders are invited to participate in a free webinar to discuss key policy and institutional challenges that could impact fleet adoption of new wireless communication technologies….
2/17/2011 – California Dump Truckers Sue CARB to Overturn Emission Rule
Calling the regulation “overreaching,” the California Dump Truck Owners Association has filed suit against the California Air Resources Board challenging the legality of board’s Truck and Bus Regulation….
2/17/2011 – ATA: Independent Review Casts Serious Doubt on HOS Proposal
An independent review of the Federal Motor Carrier Safety Administration’s Hours of Service “Regulatory Impact Analysis” has found the Agency wildly overstated the proposal’s benefits….
2/16/2011 – FMCSA Extends HOS Comment Period to Cover Additional Documentation and Clerical Amendments
The Federal Motor Carrier Safety Administration has published a notice advising it will extend the HOS comment period to March 4 from February 28. The additional time is to allow for review of addition documentation recently submitted to the public document by the Agency. …
2/15/2011 – Obama Administration Proposed Budget Aims to Streamline Transportation Spending
President Barack Obama’s proposed budget calls for a $556 billion, six-year transportation funding plan that would lump the Highway Trust Fund in with other funds into a single Transportation Trust Fund and streamline the number of transportation-related programs — but it’s not clear where the funding will come from….
2/15/2011 – Manitoba and Saskatchewan Sign Regulatory Memorandum of Understanding
The Provincial Governments of Manitoba and Saskatchewan have signed a Memorandum of Understanding on Harmonization of Regulations and Cooperation on Transportation Issues. …
2/9/2011 – Pegasus TransTech Enables Drivers to Provide Instant HOS Feedback
In response to requests from a number of its fleet customers, Pegasus TransTech is providing drivers with a free and easy method to provide feedback to the Department of Transportation concerning the proposed hours of service (HOS) regulation changes….
2/8/2011 – Budget Debate Begins with Proposal to Cut Transport Programs
House Budget Committee Chairman Hal Rogers kicked off this year’s budget process with a plan that includes a 17 percent cut for highway and housing programs. The Kentucky Republican said that the $74 billion in overall cuts his committee envisions constitute a responsible and prudent level of funding for the rest of the fiscal year….
2/7/2011 – TransCore Analysis of CSA Numbers Shows More Carriers Have Alerts than under SafeStat
In its analysis of the Federal Motor Carrier Safety Administration’s new CSA program data, TransCore found that there are significant state and regional differences in particular BASIC scores and that more carriers have alerts under CSA than they did under the previous SafeStat figures….
2/4/2011 – Mica Announces Transportation Bill Field Hearings, Public Forums
House Transportation and Infrastructure Committee Chairman John L. Mica (R-FL) announced the locations for a series of national field hearings and public forums on pending major surface transportation legislation….
2/2/2011 – Questions Arise About Study Used to Justify 34-Hour Restart Change
Some of the scientific evidence used to justify changes in the 34-hour restart provision is being questioned by the trucking industry.
The Federal Motor Carrier Safety Administration is relying in part on a two-part study conducted at Washington State University to say that the 34-hour restart should include two nights of rest….
2/1/2011 – New Proposal Would Greatly Expand EOBR Use
The new proposal on electronic onboard reporters vastly expands the rule the Federal Motor Carrier Safety Administration put out less than a year ago….
1/31/2011 – FMCSA Proposes EOBR Mandate for All Interstate Drivers
The Federal Motor Carrier Safety Administration is proposing that all interstate trucks and buses be equipped with electronic onboard recorders to track driver hours….
1/31/2011 – Judge Puts Minnesota Fatigue Program to Sleep
A U.S. District Court judge has ruled that the Minnesota State Patrol’s use of CVSA Level III inspections to determine fatigue violates truckers’ Fourth Amendment rights….
1/28/2011 – PHMSA Proposes Flammables Ban in Wetlines
The Pipeline and Hazardous Materials Safety Administration has proposed a rule that would prohibit transport of flammable liquids in the pipes beneath cargo tanks….
1/28/2011 – Fatigue Study Provides Basis for 34-Hour Restart Proposal
The 34-hour restart gives daytime drivers a chance to catch up on their rest, but it does not work as well for night drivers. In fact, it may even be detrimental to driver performance.
That’s the conclusion of a study the Federal Motor Carrier Safety Administration is using to justify its proposal that the restart include two periods of rest between midnight and 6 a.m….
1/28/2011 – Canada Rolls Out New Road Safety Strategy
Canada’s Ministers Responsible for Transportation and Highway Safety have approved a new five-year Road Safety Strategy under which Canada will continue to strive to have the safest roads in the world….
1/28/2011 – FMCSA to Hold Public Listening Session on Hours-of-Service Proposed Rule
The Federal Motor Carrier Safety Administration announced today that it will hold a public listening session on its hours-of-service proposal Feb. 17 in Arlington, Va….
1/25/2011 – ATRI Suggests Alternative Approach to Safety Compliance
A trucking industry research group has put together a concept for how carriers might improve their safety performance without following traditional compliance requirements….
1/24/2011 – ATA Mounts Assault on HOS Proposal
American Trucking Associations is gearing up a multi-front campaign to stop the Federal Motor Carrier Safety Administration’s proposal to change the hours of service rules….
1/24/2011 – New York DOT Official Charged with Accepting Bribes
A DOT official in New York State has been charged with taking bribes from the trucking companies he was supposed to be inspecting….
1/19/2011 – President Signs Executive Order Addressing Regulation Concerns
While speakers at a heavy-duty aftermarket event in Las Vegas were discussing how concern about government regulations has given business pause, President Obama yesterday signed an executive order aimed at tackling criticism that regulations are stifling business and the economy….
1/17/2011 – Legal Fight Against EOBRs Proceeds
With a proposal to expand the requirement for electronic onboard recorders pending in the regulatory pipeline, owner-operators are fighting a legal action against the limited recorder requirement that is scheduled to take effect next year….
1/13/2011 – Cell-phone and Texting Laws Compiled
The American Trucking Associations State Laws Newsletter is reporting that rhe Governors Highway Safety Association has issued a compilation of state laws that limit or prohibit drivers’ use of cell phones or texting….
1/11/2011 – NC/VA Reciprocity Agreement Cancelled
The American Trucking Associations State Laws Newsletter is reporting that effective January 21, 2011, a permitting reciprocity agreement between North Carolina and Virginia will be cancelled….
1/11/2011 – CSA Materials Available at Truckstops
Beginning January 12, brochures and pocket cards about the Federal Motor Carrier Safety Administration’s new CSA enforcement program will be available for commercial motor vehicle drivers at hundreds of travel centers across the country….
1/11/2011 – Florida Extends Ease on Trucking Regs Through Jan 14
To give growers more time to haul their crops to packing facilities, Florida Agriculture Commissioner Adam Putnam is extending an executive order relaxing trucking restrictions through Jan. 14….
1/7/2011 – OOIDA Says Mexican Border Deal Cost American Jobs, Provides No Reciprocal Benefits
The Owner-Operator Independent Drivers Association responded to the Obama Administration’s overture to the Mexican truckers saying if the proposed deal goes through, American drivers will lose work to Mexican carriers who do not bear similar compliance costs….