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AGC Comments on Proposed Changes to Hours-of-Service Rules

AGC submitted a second set of comments to the Federal Motor Carriers Safety Administration (FMCSA) on its proposal to alter the truck driver Hours-of-Service regulations.  AGC’s comments addressed new studies the FMCSA placed in the public docket to support its effort to change the rules. AGC noted: “These studies demonstrate the very substantial differences between the driving patterns in various industries and different factors that impact different driver fatigue and crashes.  AGC believes that these studies highlight the fact that a one size fits all rule is not the best way to approach the issue of driver fatigue.  AGC continues to support the current portion of the HOS rule that is specific to construction.  Furthermore, AGC believes that the findings in these new studies do not support altering the 11 hour driving and 14 hour on-duty times as contained in the current rules.” FMCSA’s proposed rule suggests the following changes:
  • Maximum driving time within each driving window from the existing 11 hours to 10 hours.
  • Maximum on-duty time within each driving window from the existing 14 hours to 13 hours.
  • Allowed consecutive hours of driving would be limited to 7 hours or less since the last off-duty period of at least 30 minutes.
  • Define on-duty as not including any time resting in a parked Commercial Motor Vehicle (CMV).
This proposed rulemaking does not alter the existing construction exemption, which allows drivers transporting construction materials and equipment to and from an active construction site within a 50-air-mile radius of the driver’s normal work reporting location to restart the on-duty counting period following any off-duty period of 24 or more successive hours. AGC’s comments on the proposed rule change recommended the following: maintain the construction exemption but increase the distance coverage to a 100-air-mile radius; continue to allow 11 hours of driving time in each driving window; continue to allow the existing 14 hours maximum on-duty time within driving window; and “on duty” time for construction drivers should not include waiting time to deliver product. For more information, please contact Brian Deery at (703) 837-5319 or deeryb@agc.org.