Proposed new work rules that would prevent trucking companies from using “coercion” to encourage truckers to drive more hours than legally allowable are being opposed by some shippers.
In a brief filed with the Federal Motor Carrier Safety Administration, the National Shippers Strategic Transportation Council (NASSTRAC) said the agency’s proposed new rules — which were designed to prevent shippers from pressuring truckers into working longer than allowed hours — would be unenforceable and could cripple the trucking industry.
“Even if he rules were legally sound and well-designed (which they are not), FMCSA cannot credibly assert that its proposed rules can be implemented with no costs or other adverse impacts to shippers and intermediaries, or to the transportation system of which the trucking industry is the most important part,” NASSTRAC stated in its brief.
Out of Its Jurisdiction
The trade organization said it was opposed to companies trying to pressure drivers into violating safety rules by working longer than legally allowed, but it accused the federal agency of a “stunning overreach” of its legal authority in proposing the anti-coercion rules.
“In effect, FMCSA seeks to deputize virtually all American businesses … and individuals shipping personal property and household goods as unofficial compliance personnel regulated by this agency,” NASSTRAC stated in its brief.
The federal agency originally proposed the rules because it was afraid shippers would withhold contract with trucking companies unless they agreed to bend hours of service rules. The new anti-coercion rules would impose penalties of up to $11,000 per violation if shippers don’t “inquire about the driver’s time remaining” on legal hours of service.
The rules would be burdensome to shippers because it would require every driver to be questioned about their hours on every shipment, according to John M. Cutler Jr., the attorney representing NASSTRAC.
Proposed Rules ‘Impractical’
“Given how many shipments there are per day in this country, I’m not so sure that’s practical,” Cutler said. “If you order stuff from Amazon and UPS delivers it, there might be 100 shipments on that UPS truck. Is every recipient of every shipment supposed to run and ask the UPS driver, ‘Are your hours OK? Is your truck safe?’ To me, that just isn’t feasible.”
Concerns about drivers working long hours has been at the center of industry scrutiny for many years. Working longer than the maximum allowed hours can put the drivers — and the products they are delivering — at risk.
Electronic Logging Proposed
Last year, the American Trucking Associations called on the FMCSA to require that electronic logging devices be used to record drivers’ hours of service.
In the ATA’s comments, which were filed with the FMCSA last month, the group argued that the devices were necessary to protect the safety of the nation’s highway system.
“ATA supports laws and regulations mandating the installation and use of electronic logging devices for recording drivers’ hours of service,” the group announced in a news release. “To this end, ATA advocated for the MAP-21 provision mandating a rule-making to require ELDs. ATA is confident that such devices will improve compliance with the hours-of-service regulations and ultimately safety.”
ATA President and CEO Bill Graves said the federal agency needed to act quickly to require devices be used everywhere.