Panel Urges FMCSA to Take Strong Action Against Shippers That ‘Unduly Detain’ Drivers

This story appears in the April 25 print edition of Transport Topics.

A Federal Motor Carrier Safety Administration advisory committee has recommended the agency seek authority from Congress to impose penalties against shippers, receivers and brokers who “unduly detain” commercial vehicle drivers.

In a letter to FMCSA Administrator Anne Ferro, David Parker, chairman of the 18-member Motor Carrier Safety Advisory Committee, said the agency should seek legal authority to take action against entities other than motor carriers or drivers that cause or contribute to FMCSA safety violations.

“This issue should be addressed by policymakers, as oftentimes the entity causing the problem for the driver or carrier is their customer and/or their employer,” Parker wrote. “Thus, the driver or carrier is in an untenable position to address this problem directly and effectively.”

Parker is senior legal counsel at Great West Casualty Co.

Established by Congress in 2006, the committee is charged with providing advice and recommendations to FMCSA. The committee members include law enforcement officials, trucking executives and truck safety advocates.

In an interview, Parker said FMCSA has authority over truck drivers and motor carriers, but needs broader authority to carry out its mission of reducing truck-related crashes and fatalities.

“It looked to the committee like FMCSA was being sent into battle with one hand tied behind its back,” Parker told Transport Topics.

The committee’s recommendations closely followed some provisions contained in a House bill introduced in February by Rep. Peter DeFazio (D-Ore.). Citing a Government Accountability Office study, he said long wait times at loading docks contribute to supply chain disruptions and potential hours-of-service violations.

The legislation, which has not yet cleared the House subcommittee on Highways and Transit, would require the Department of Transportation to establish a maximum number of hours that truckers may be detained at loading docks without being compensated.

But Parker said making drivers wait for long periods while freight is being loaded or unloaded goes beyond concerns over supply chain disruptions or just drivers being inconvenienced.

“The concern that our group has is what happens when somebody gets loaded and are out of hours?” Parker asked.

He said, in that case, a fatigued driver can be pressured to get back on the road.

“I do know that our law-enforcement folks are concerned about anything that potentially could result in a driver who’s fatigued, not well-rested, or in a position to not be compliant with the rules and regulations,” Parker said.

Todd Spencer, executive vice president of the Owner-Operator Independent Drivers Association and a member of the advisory committee, said detaining drivers is the “biggest productivity or efficiency problem in trucking,” costing motor carriers and drivers billions of dollars a year.

“The biggest beneficiaries of the current system are shippers and receivers who are free to maximize their own profitability or efficiency at the expense of drivers,” Spencer told TT. “For drivers, that can mean delays of from two hours to two days.”

Detaining drivers also poses a safety challenge, Spencer said.

“The driver who is held for six or eight hours in either the loading or unloading process more than likely is not going to be able to meet a delivery schedule without violating regulations, pushing themselves beyond the hours that could produce fatigue,” Spencer said.