Understanding the Impact of the HOS Suspension

Last weekend, the 2015 appropriations bill was passed by Congress this week and is waiting to be signed into law by President Obama. If you've been following the discussions, specifically those regarding the hours-of-service regulations, you know this means that the FMCSA's 34-hour restart provision has been suspended due to lack of funding-- for now.

What you may not know, however, are the ramifications of the suspension. Here are a few facts to consider in light of the passing of the appropriations bill:

Immediate 2015 Changes

The 2015 appropriations bill suspended two provisions of the controversial 2013 HOS rule:

(1) The requirement that drivers' 34-hour restarts include two 1 a.m. to 5 a.m. periods and
(2) the provision that limits the use of the restart to once per 168 hours (a week).

Essentially, the decision not to fund the 34-hour restart reverts regulations to their previous standing (pre July 1, 2013 regulations). This means that the restart rules from June 30, 2013 are now in effect.

Drive time regulations are still intact, meaning drivers are allowed to drive for a maximum of 11 hours per day. The 1:00 AM - 5:00 AM regulation has been eliminated, as has the 34-hour restart. Drivers may now restart their clock more than once per week and will be allowed to use any consecutive 34-hour period as their restart.

Will The Suspension Be Lifted?

It may be-- but not until (and likely after, if at all) September 30, 2015. The DOT and DOT Inspector General are currently performing two studies to determine the cost and safety benefits of the currently suspended provision. The new law states that the studies must be completed, discussed, and reviewed before the suspension can be lifted.

The language of the law promises to be a source of debate once the reports have been issued-- the way the law is worded allows for the suspension to continue until the reports are completed, not until the results are presented.

The wording of the bill could become a hotly contested issue in the coming summer months (before the suspension is set to expire).

Our Opinion Of What This Means For Drivers

While the decision to suspend the 34-hour regulation has been highly criticized by the FMCSA, citing the provision as conducive to driver safety, we view the suspension of the regulation as a positive step towards increasing driver productivity and operating freedom. As such we share the same sentiments that many trucking related interest groups, including the ATA, have recently expressed and applaud Congress for suspending the HOS rules and regulations. And while drivers should certainly expect some delays in implementation due to adjustment time-- ELD suppliers will need to create software updates to remain in compliance with the revised regulations-we feel that drivers will appreciate the suspension of the restart rule.

With an expanding economy and a truck/driver shortage in the market, the suspension of the 2013 controversial HOS changes comes at an opportune time for drivers. With less driver regulation and the opportunity for an expanded workload due to a growing economy, we believe this change will certainly be a positive one (and much needed welcome relief) for the industry.