The HOS Coalition: 34-Hour Restart Crucial to Operational Safety & Flexibility

The Hours-of-Service (HOS) Coalition, which consists of a broad range of industries across the supply chain, strongly supports use of the 34-hour restart without restrictions, which will enable commercial truck drivers to continue to receive recuperative rest and have flexibility in their schedules to meet the demands of today’s just-in-time economy safely and effectively.

Background Professional truck drivers are generally prohibited from operating a commercial motor vehicle after having been on duty 60 hours in any 7-day period.1 However, drivers taking an extended rest break of at least 34 consecutive hours off-duty do not need to count any time prior to the break in determining compliance with the 60-hours rule. This provision, known as a “restart,” allows truck drivers to obtain restorative rest while providing them the flexibility to “reset” their weekly on-duty time totals to zero following an extended rest period.

On July 1, 2013, the Federal Motor Carrier Safety Administration (FMCSA) placed “bolt- on” restrictions on the use of this restart provision, limiting its use to once per week (every 168 hours), and requiring that it include two consecutive off-duty periods from 1 a.m. – 5 a.m. But after the agency, during a congressional hearing, acknowledged it had not properly studied the impact these changes would have on daytime truck traffic and corresponding crash risk, Congress suspended enforcement of the restart restrictions in the FY 2015 Consolidated and Further Continuing Appropriations Act (FY 2015 Act), pending an FMCSA field study. However, since the law allowed FMCSA to restore the restrictions upon completion of the study, regardless of its findings, the FY 2016 Consolidated Appropriations Act (FY 2016 Act) prudently stipulated that the agency may only restore the restrictions if the study confirms that they generate the benefits upon which they were justified when originally promulgated by FMCSA.

Accordingly, the FY 2015 Act reinstated the pre-July 1, 2013, restart provision while the impacts of the post-July 1 restart restrictions were being studied. The FY 2016 Act, however, lacked a single sentence clarifying that the pre-July 1, 2013, provision must stay in place. Therefore, the law could be interpreted to require FMCSA to remove the restart provision entirely, which was not Congress’ intent and would significantly disrupt the movement of freight.

On May 24, 2016, the House Appropriations Committee approved its FY 2017 Transportation (T-HUD) spending bill, which includes language to retain the “simple” 34- hour restart without the “bolt-on” restrictions. The Senate has also approved its FY 2017 T-HUD appropriations bill, which preserves the “simple” 34-hour restart if the HOS study does not demonstrate that the restart restrictions imposed by FMCSA produce measurable benefits, and also places a cap on weekly working hours at 73 hours in a 7- day period.

1 Or 70 hours in any 8-day period when working for a motor carrier that operates every day of the week. Impact If the restart provision were eliminated, trucking fleets would have to revert to using a complicated process called a “rolling recap” to ensure compliance with the regulations. Since the restart provision was first implemented over a decade ago (in January 2004), a generation of drivers and enforcement officials would have to be trained on how these rolling recaps work. Further, requiring drivers to count time before extended breaks when calculating their weekly on-duty time would hamper driver flexibility to accommodate dynamic supply chain demands.

Solution The HOS Coalition is pleased Congress included language in the House and Senate FY 2017 T-HUD appropriations bills to clarify the HOS provision enacted as part of the FY 2016 Consolidated Appropriations Act. The Coalition seeks permanent resolution of this issue and asks that Congress include in an omnibus appropriations bill language that permanently preserves the 34-hour restart in effect prior to the July 1, 2013, HOS rule change. Enacting this legislative clarification will ensure motor carriers, drivers, shippers, and law enforcement are able to continue operating under familiar, flexible, and effective regulations that promote safety.

The HOS Coalition consists of organizations and companies representing key facets of our nation’s economy, including:

Agricultural & Food Transporters Conference FedEx Corporation Agricultural Retailers Association Food Marketing Institute Agriculture Transportation Coalition Forest Resources Association Air & Expedited Motor Carriers Association Gemini Shippers Association American Apparel & Footwear Association Home Furnishings Association American Bakers Association Institute of Makers of Explosives American Beekeeping Federation Intermodal Motor Carriers Conference American Beverage Association International Dairy Foods Association American Chemistry Council International Foodservice Distributors Association American Frozen Food Institute International Milk Haulers Association American Iron and Steel Institute International Warehouse Logistics Association American Loggers Council Livestock Marketing Association American Moving & Storage Association Los Angeles Customs Brokers and Freight American Road & Transportation Builders Association Forwarders Association American Sheep Industry Association National Association of Chemical Distributors American Trucking Associations National Association of Manufacturers Associated Equipment Distributors National Association of Small Trucking Companies Associated General Contractors of America National Association of Wholesaler-Distributors Automobile Carriers Conference National Cattlemen’s Beef Association C&S Wholesale Grocers National Corn Growers Association Columbia River Customs Brokers & Forwarders National Council of Farmer Cooperatives Association National Federation of Independent Business Concrete Reinforcing Steel Institute National Grain and Feed Association Corn Refiners Association National Grocers Association Customized Logistics and Delivery Association The National Industrial Transportation League Customs Brokers and Forwarders Association of National Lumber and Building Material Dealers Northern California Association Customs Brokers & International Freight National Oilseed Processors Association Forwarders of Washington State National Pork Producers Council Fashion Accessories Shippers Association National Private Truck Council

National Propane Gas Association SNAC International National Ready Mixed Concrete Association Southeastern Freight Lines, Inc. National Restaurant Association Steel Manufacturers Association National Retail Federation Sysco Corporation, Inc. National Shippers Strategic Transportation Council The Expedite Association of North America National Tank Truck Carriers The Fertilizer Institute National Turkey Federation Transportation Intermediaries Association National Waste & Recycling Association Travel Goods Association National Wooden Pallet & Container Association Truck Renting and Leasing Association New England Fuel Institute Truckload Carriers Association North American Millers’ Association Uline Old Dominion Freight Line, Inc. United Dairymen of Arizona Owner-Operator Independent Drivers Association United Fresh Produce Association Pacific Coast Council of Customs Brokers and Freight UPS Forwarders Association, Inc. U.S. Chamber of Commerce Pacific Northwest Asia Shippers Association U.S. Poultry & Egg Association Petroleum Marketers Association of America USA Rice Regional and Distribution Carriers Conference Retail Industry Leaders Association Western Growers System, Inc. Western Hardwood Association San Diego Customs Brokers Association Western Pallet Association