Statement of C&W Subcommittee Ranking Member Grace Meng before Subcommittee hearing on FMCSA Hours-of-Service Rule

STATEMENT

Of the Honorable Grace Meng, Ranking Member

Committee on Small Business

Subcommittee on Contracting and Workforce

Hearing on FMCSA Hours-of-Service Rule

November 21, 2013

With more than $600 billion in revenue in 2012, the trucking sector is the backbone of our nation’s economy.  Employing nearly 7 million individuals, it is essential to the success of America’s companies that depend on the timely delivery of their goods to customers around the globe.  And not surprisingly – like so many other industries – the trucking sector is dominated by small businesses. In fact, more than 97 percent of trucking companies maintain fleets with fewer than 20 trucks.

Central to the performance of this industry is its ability to operate in a safe manner for its employees, its consumers, and the public that shares the road.  On average, truck crashes are responsible for nearly 4,000 deaths and 100,000 injuries each year. In an attempt to reduce these accidents caused by sleep deprivation, the federal government has been regulating hours-of-service for truck drivers since 1937.

These rules have gone through a number of changes over the years in response to evolving research on driver fatigue and traffic-accident patterns.  This July, after years of lawsuits and debate by industry participants and public safety advocates, the newest version of these rules went into effect.

These new changes maintain the maximum driving limit at 11 hours, but require that it take place within a 14 hour period.  Drivers are now limited to one 34-hour restart in a 7 day period and required to take periodic 30-minute breaks.  Such provisions were included to ensure that drivers were better rested when they are behind the wheel. Taken as a whole, the new rules represent a significant change in how and when truckers will be able operate.

From a public safety perspective, many have suggested that the rule falls short and does not go far enough to address driver fatigue.  By not reducing the 11 hour driving limit, some believe that the rule will not be effective in reducing driver fatigue. 

Similarly, the 34-hour restart rule could be used in a manner that would result in operators being able to drive more hours than before.  Such outcomes could lead to more tired drivers on the road and adversely impact highway safety.

From the industry perspective, we continue to hear that the rules are costly and burdensome.  A recent study by the American Transportation Research Institute (ATRI) found that the changes FMCSA made to the restart requirement will ultimately have a net annual cost of up to $376 million, rather than the net benefit of $133 million the agency claimed. 

In addition, the ATRI found that the rule has led to a productivity decrease of 3 to 4 percent.  This has led many carriers to have to spend more to achieve the same level of performance as they did prior to the rule’s implementation.  Finally, research has indicted that the new rule has increased driver dissatisfaction during a time when there is driver shortage and led to no changes in safety performance.  Such outcomes call into question the justification for the rule.

Taking as a whole, the rule reduces driver flexibility.  This tradeoff will undoubtedly affect drivers as weather delays and the uncertainty associated with loading and unloading often require them to be highly adaptable.  By requiring mandatory breaks and two consecutive nights at home, operators will be less able to tailor their schedules to the constantly-changing factors that they confront each week.

Today we will examine all of these claims and how the hours-of-service rules are affecting small trucking companies as well as their potential to reduce traffic accidents. As with so many rules, analysis done prior to implementation can only tell us so much.  Time will only show what the true effect of this rule will be on the industry and on public safety.

With this in mind, it is imperative that Congress continue to oversee the rule’s implementation.  Doing so will help ensure that new regulations are striking the proper balance between promoting safer roads with the economic impact on small trucking companies and their drivers.  Overall, it is important that we seek to achieve our policy objectives without unnecessarily burdening those small businesses that are subject to these regulations.

In advance of the testimony, I want to thank all the witnesses who traveled here today for both their participation and insights into this important topic.

Thank you and I yield back.

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