Hours of Service, Industry Image, and Much More
Anticipating the start of a controversial rulemaking on hours of service for truck drivers, the ATA Safety & Engineering Committee hammered out consensus positions on a number of issues.
“Fatigue is now the issue, not driving time,” said ATA Vice Chairman David G. McCorkle, chairman of McCorkle Truck Line, Oklahoma City, in a report to the Truckload Carriers Assn.’s board of directors.
“No one is seriously arguing that the regulations don’t need to be changed.”
Ms. Jeff did say a negotiated rulemaking is possible, which would bring together interested parties to work out a proposal. This could speed up the process, she said (TT, 11-2-98, p. 1).
According to Mr. McCorkle, the “good news” is that the federal proposal likely will be based on a 24-hour clock, with 10 hours off duty and 14 hours on duty,
nd no distinction between driving and not driving — plus a cumulative on-duty restriction of 70 hours in a eight-day cycle with a 36-hour restart.
The “bad news,” he said, is that the rulemaking probably won’t address the issue of loading and unloading, he said.
He also said a number of “ugly” issues remain, including possible restrictions on nighttime driving and whether or not rest at home should be treated differently than rest in a sleeper bunk.
ATA Foundation Director Susan M. Coughlin, in her introduction of FHWA’s Ms. Jeff, trumpeted the fact that the new hours-of-service rules will be based on “sound science” and will “focus not on working hours, but resting hours.”
The federal hours-of-service regulations were created 20 years before the first Interstate highway was built, Ms. Coughlin said, when the average length
f haul for truckers was 100 miles. “It was a compromise between labor, government and business without the benefit of research,” she noted.
“We all agree the current rules do not meet our needs.”
TCA President Lana Batts said fixing hours-of-service will be the key to resolving other major issues that divide trucking companies and regulators. The issues include the establishment of safety ratings for carriers and the use of satellite tracking data for enforcement purposes.
ATA and TCA are suing FHWA over how it determines safety ratings for individual carriers, arguing that the procedures place too much emphasis on “paperwork” violations. At the same time, both groups have put political pressure on FHWA’s Office of Motor Carriers to ease up on demands for carrier records generated by satellite-based communications. FHWA considers these records to be accurate and telling, but trucking opposition says using the data to impose sanctions or fines would have a chilling effect the industry’s adoption of the technology.
According to Ms. Batts, Sen. John McCain (R-Ariz.), chairman of the Senate Commerce Committee, has urged DOT to adopt a uniform enforcement policy across all modes. Flight data recorders and “black boxes” in locomotives are used only to investigate causes of accidents, not to punish companies, she noted.
Other issues on trucking’s policy agenda in the next year include:
- Restore the 80% meal deduction for truck drivers. Sen. Connie Mack (R-Fla.) and Rep. Mac Collins (R-Ga.) have indicated they will introduce bills. Both are members of the Senate and House committees that deal with tax issues.
- Get some measure of relief from payphone surcharges. The Federal Communications Commission has until Nov. 15 to explain to a federal appeals court how it arrived at a of fee of 28.4 cents on toll-free calls made from pay telephones. The court could order refunds or lower the surcharge.
- Prod fuel tax refunds from states for refrigeration units. Diesel fuel that powers trailer reefers is exempt from the federal fuel tax, but carriers are often unable to obtain credits or refunds on taxes paid to states. Efforts will be made to get uniform treatment for credits of reefer fuel through the International Fuel Tax Agreement.
Ms. Batts urged carriers to take advantage of language in the Transportation Equity Act for the 21st
entury that encourages government entities to undertake pilot projects.
For example, she said, a carrier might seek an exemption from drug and alcohol testing when it achieves a less than 1% positive test rate. Another might involve increasing the number of drivers under 21 years of age.
TCA will also take up the issue of delays at loading docks when it meets with shipper representatives at the National Industrial Transportation League meeting in San Diego later this month.
According to a recent survey by Martin Labbe Associates, drivers spend an average of 40 hours a week waiting and loading and unloading trailers. Owner-operators wait an average of two hours per load.
All that extra time translates into 8% unused capacity, the study concluded.
Ms. Batts said the study will help demonstrate to shippers that eliminating waiting time can add to their bottom line by making transportation more efficient.
Tolls will continue to be a major issue. In Ohio, truckers are taking the issue a step further by joining in an effort to introduce a bill to abolish the Ohio Turnpike Commission. The legislation would
reate a division of tolls projects within the Department of Transportation, a move that would result in greater accountability and possibly lower tolls, according to Dale Craig of Craig Transportation, Perrysburg, Ohio.
Here is a summary of issues discussed by each of ATA’s policy committees:
Communications/Image Policy
rucking received positive media exposure for National Truck Driver Appreciation Week and the National Truck Driving Championships. A committee will study the idea of a national advertising campaign.
ATA and the Federal Highway Administration conducted 24 “How to Drive. . .” press conferences.
Highway Watch, a program that gets truckers involved in monitoring aggressive driving and illegal activity on the highway, will debut next month in Colorado, followed by Minnesota and Pennsylvania later this year.
ATA sponsored 18-Wheels of Hope, a food drive conducted by Nashville, Tenn.-based Feed the Children.
ane Kidd, president of the Arkansas Motor Carriers Assn., and Dale Craig, chairman of Craig Transportation, Perrysburg, Ohio, discussed anti-toll campaigns in their respective states.
In Ohio, a grassroots organization called S.T.O.P. (Stop Tolls On Pike) successfully lobbied for a delay in implementing a 10% increase in tolls on the
hio Turnpike. The group generated public support by showing how increased tolls have diverted a large volume of truck traffic to narrow parallel highways, causing congestion, safety problems and an increase in fatal accidents.
Environmental Policy
ommittee members received a report from the ATA Environmental Policy Strategy Team on diesel smoke emissions testing. Policy changes will be reviewed at
he next committee meeting in February.
The committee also discussed the recent engine emissions settlement from the Environmental Protection Agency, the successful court challenge of Proposition 65 in California and elimination of mandatory alternative fuel programs for medium-duty fleets in Louisiana and Virginia.
ATA offers an environmental compliance assistance Web site in partnership with EPA’s Office of Enforcement and Compliance Assurance: www.truckline.com/greentruck.
A deadline of Dec. 31, 1998, looms for companies to meet new requirements for testing and upgrading underground storage tanks.
Highway Policy
he committee was appraised of the status of the U.S. Department of Transportation Comprehensive Truck Size and Weight Study. A draft report was due in August, and the report is two years behind schedule.
International Trade & Customs
U.S. Customs official discussed efforts to increase drug screening at border crossings while at the same time improving trade through harmonization and improvement of border procedures.
Labor & Human Resources
ommittee members received updates on a U.S. Supreme Court case that expands the definition of sexual harassment, the status of hours-of-service rulemaking, National Labor Relations Board oversight and changes in multiemployer pension plans.
Regulatory Policy
he committee heard updates on Department of Transportation, Surface Transportation Board and U.S. Customs proceedings.
Support was expressed for drafting a bill to give carriers access to a national criminal background database.
Safety & Engineering
he committee considered policy recommendations on hours-of-service rules and received reports on roadside inspection best practices.
Discussion also focused on highway signage and reporting procedures for positive truck driver drug test results.
Tax Policy
embers reexamined ATA’s position on federal estate tax reform or repeal. Also considered was the federal tax treatment for tires.
Efforts to repeal weight-distance taxes were reviewed along with other issues.
