The federal government thinks long-haul truckers like Bryan Spoon need more rest.
But
with the Department of Transportation's new rules forcing drivers to
take longer breaks and cut back on hours behind the wheel, Spoon thinks
the government has created a solution looking for a problem.
"I
wish the government would just quit trying to fix something that's not
broken," Spoon said on a recent rest stop in Columbia, Mo., after
hauling a load of construction materials on the 48-foot Great Dane
flatbed behind his 2009 Volvo 780.
"If I get any more breaks out here I won't be able to make a living," he said.
Starting
Monday, drivers like Spooner will have to stick to a schedule that
requires taking a 30-minute break in the first eight hours of driving,
cut the maximum workweek to 70 hours from 82, and "restart" those 70
hours with a 34-hour break once a week.
The rules are part of a
program by the Obama administration to make U.S. highways safer by
reducing the number of truck accidents and fatalities. The program also
includes a safety rating system that shippers can review when they
choose a new carrier, with the goal of prodding the trucking industry to
further improve the safety of its drivers and equipment.
"The
updated hours of service rule makes three common sense, data-driven
changes to increase safety on our roadways and reduce driver fatigue, a
leading factor in large truck crashes," Anne Ferro, administrator of the
Federal Motor Carrier Safety Administration, which issued the rules,
said in a statement.
Ferro was not available for an interview.
But
the trucking industry—which has sued to have the rules reversed—is
warning that they will mean more highway traffic and high shipping costs
for consumers.
The industry also argues that it's already doing a
good job of reducing accidents, and that government data supports that
position. The number of people killed each year in large truck crashes
has fallen by almost 30 percent, to nearly 4,000 in 2011 from 5,282 in
2000, according to the Federal Motor Carrier Safety Administration.
"This
isn't the trucking world of old," said Spoon, 40, a third-generation
trucker who has been driving full-time since 2000. "When the lay person
who doesn't work within the industry thinks of trucking they think of
'Smokey and the Bandit.' That's just not the way it works. We run safe,
we run compliant."
But the federal safety administration counters
that nearly 4,000 truck crashes a year is still too many. The new
rules, it maintains, will prevent about 1,400 crashes and 560 injuries,
and save 19 lives each year, according to its analysis.
"There
has been progress on reducing the number of fatal truck crashes," said
Marissa Padilla, a spokeswoman for the federal safety administration.
"But we know that fatigue is still a serious challenge. The bottom line
is that our analysis shows that these new rules will save lives, prevent
crashes and prevent injuries."
The latest example surfaced last
week after a federal probe into the March 28 crash that killed an
Illinois State Police trooper revealed that the driver of the semi-truck
that slammed into his cruiser had been working more than 14 hours and
had fallen asleep at the wheel.
The Chicago Sun-Times reported
Thursday that federal records show the driver and United Van Lines have
been fined for violating rules requiring drivers to get adequate rest.
The
newspaper reported that the 26-year-old driver worked for Barrett
Moving and Storage, an agent of United Van Lines. He has not been
charged in connection with the March 28 crash in Chicago's northern
suburbs. Trooper James Sauter of Vernon Hills died in that crash.
The
Department of Transportation contends the new rules would also save
money. The department's analysis found that in 2009, large truck and bus
accidents cost about $20 billion in medical and insurance costs,
infrastructure damage, lost wages and productivity. The analysis also
estimated $470 million in benefits from reduced driver mortality.
The trucking industry disputes those figures.
"We
are extremely skeptical based on their analysis," said Dave Osiecki,
head of policy and regulatory affairs at the American Trucking
Associations. "We've dug into their documents over and over again and
there's good reason to be skeptical."
Researchers concede that
it's tough to draw up detailed estimates of the broad economic and
health impact of changes in rest patterns for long-haul truckers. But
most agree that the link between fatigue and highway accidents is well
established.
"There are a lot of research and papers, and science
really drove this policy," said Richard Hanowski, director of the
Center for Truck and Bus Safety at the Virginia Tech Transportation
Institute. "I think that's what we want: Regulation that's well-informed
and that's based on all of the research that's out there."
No
one disputes that the rules also come with a cost to the trucking
industry. More breaks and time off the road means it will take more
drivers—and more trucks to move the same volume of goods. That cost
impact won't be felt right away because shipping volumes tend to slacken
in the summer months and pick up again in the fall.
So don't be surprised if you end up paying a little more for shipping when you do your holiday shopping online this year.
"The
direct cost of operating a trucking company is more expensive come July
1," said Derek Leathers, chief operating officer of Werner Enterprises,
an Omaha-based carrier that operates a fleet of more than 7,250 trucks.
"So our costs will go up, and therefore our prices will go up."
(Read More:Analysis: Thrifty US Truckers Wary of Pricey Natural Gas Vehicles)
Industry
estimates vary, but the overall productivity impact is expected to be
relatively small—reducing the average carrier's capacity by roughly 3
percent.
The impact, though, will be concentrated for certain
types of shipments. The transportation department’s analysis shows that
more than 85 percent of drivers will see little to no change in their
schedules as a result of the rule. But time-sensitive shipments—like
refrigerated produce—may have to be handed off, pony express style—to
avoid delays.
That means carriers would have to find more
qualified drivers at a time when the industry already is having a hard
time filling openings. It's not hard to see why. Trucking is not an easy
way to make a living. Drivers spend days—sometimes weeks on the
road—working irregular hours for a median wage of $39,700 a year or
about $19 an hour. Driver turnover last year topped 100 percent,
according to industry estimates.
The new regulations may have the
unintended consequence of putting more traffic on the nation's already
congested highways, according to some truckers. The new rules require
drivers to "restart" their week with two consecutive rest periods
between 1 and 5 a.m. The goal is to encourage drivers to get a full
night's rest, according to the DOT.
But that new mandatory start time coincides with the start of the morning commute.
"So
you're going have a much higher percent of trucks entering the road
around rush hour," said Werner's Leathers. "Traditionally we like to get
into and out of cities in the early morning hours before the motoring
public is on the roadways."
Drivers say they're resigned to adjusting to the new rules, but those rules could be rolled back.
In
March, the American Trucking Association presented oral arguments in a
lawsuit asking the U.S. Court of Appeals for the District of Columbia
Circuit to overturn the new rules. It's not clear when that ruling will
be handed down.
—By CNBC's John W. Schoen.
Source: NBCnews.com/no_section/no_topic/feds-truckers-clash-over-new-safety-rules-f6C10489607
Santa Barbara, CA 