Federal Authority Over Hours May Expand Intrastate Reach

Truckers are concerned about an enforcement memorandum issued to regional branches of the Office of Motor Carrier and Highway Safety that they say greatly expands federal jurisdiction over the hours of service for primarily in-state carriers.

The memo, signed by Julie Cirillo, who heads the agency, clarifies when intrastate carriers that also haul interstate loads on occasion are covered by federal hours of service rules and when their drivers are covered by state statutes.

According to OMCHS, the interpretation was issued in response to a question by a field office, and has been on the books for 18 years. However, trucking companies say the hours of service have never been enforced this way before and that to start doing so would force them to hire more drivers.

The memo states that intrastate truckers have only to haul one load across state lines to be subjected to federal hours-of-service rules for the next four months, even if they never again travel outside of the state in that time. It also states a trucking company only has to advertise for interstate business in order for its drivers to fall under federal oversight.

“This totally destroys intrastate commerce in the state,” said Larry Blood, director of training and safety for the California Trucking Association.

Blood said many agricultural truckers in the state who get special exemptions from the hours laws primarily run in California but conduct a small portion of their business to other states.

“Enforcing this would leave the crops of California rotting in the fields,” said Blood.

For the full story, see the Sept. 6 print edition of Transport Topics. Subscribe today.