Sleeper berth: Will truckers be able to split as they see fit?

FMCSA's two proposed hours of service-flexibility pilot programs offer a path forward.

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How might truckers get back a measure of flexibility in the hours of service rules, such as that enjoyed by so many owner-operators of past generations? Namely, I'm referring there to the ability to split the 10-hour required rest period into two periods of any length they want. That’s the split sleeper berth option favored by a whopping 88% of readers who responded to Overdrive polling around the subject this time last year, with results published earlier in the year showing most readers wanted to be able to split as they saw fit, fundamentally.

Since the hard 14-hour daily duty maximum came into play more than two decades ago, greater duty-window and/or rest-period flexibility has been owner-operators' cardinal ask of regulators when it comes to the hours of service. When the electronic logging device mandate came into play in 2017, that ask only got more urgent, too.

After trucker appreciation week last week, we might see a bit of a clearer path forward. In this Overdrive Radio edition, Chief Editor Todd Dills and Senior Editor Matt Cole break down the details of the formal federal announcement to start the appreciation week of two proposed pilot programs to fully test the safety efficacy of two options for split flexibility: 

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It's not often we start the annual appreciation week with something other than a free soda at a truck stop or other deal from a vendor or supplier to write about. Yet for Cole the news wasn't entirely unexpected. The formal proposals had been teased back in June as part of what the DOT called a “Pro Trucker” package of efforts. The formal proposals open up a comment period on how regulators might set up and conduct the programs, each of which will be open to more than 250 drivers to participate

Overdrive Radio's sponsor is Howes, longtime provider of fuel treatments like its Howes Diesel Defender all-weather mileage booster and winter anti-gel treatments to get you through the coldest temps, the Howes Multipurpose penetrating oil, and other products.Overdrive Radio's sponsor is Howes, longtime provider of fuel treatments like its Howes Diesel Defender all-weather mileage booster and winter anti-gel treatments to get you through the coldest temps, the Howes Multipurpose penetrating oil, and other products.We’re certainly months out from interested participants being able to apply to take part, and given each test could take years to bring to fruition, it could be quite some time before any subsequent regulatory action is taken. That is, unless another federal body pushes the ball more quickly forward, as Cole puts it in the podcast, and "Congress were to get involved."

Absent Congressional directive to take regulatory action, further hours flexibilities for all drivers aren’t likely in the cards before the next decade rolls around after these studies conclude -- depending on results, of course. That timeline takes us into whatever administration follows the current one.

"Personally I don't see this as necessarily a partisan issue," said Cole. "If a Democratic administration were to come in" when 2029 rolls around, he felt FMCSA wouldn't be likely to wholesale abandon work put into potential new flexibilities. After all, some of groundwork for the 2020 split-sleeper enhancements was laid under the Obama administration.

[Related: Flexible split sleeper exemption extended another four years]

If these two studies show positive or even neutral safety impacts for participating truckers, it could really get things moving toward change for the next administration's FMCSA.

**Read and comment on the proposals, through mid-November. Split-sleeper comments can be filed here, while split-duty period comments can be filed here.
**More on the 2020 split-sleeper change, which itself offered a boost in duty-pause and split flexibility, via this link. 

 

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