WASHINGTON - For commercial truck drivers such as Charles Ryser, when the wheels aren't turning, you aren't earning. Until July, Ryser and his father - who drive in a team from a base in Forsyth, Ga. - worked on their own terms. Charles took the day shift, while his father, David Ryser, got behind the wheel at dusk. But because of a Department of Transportation attempt to cut down on fatigued drivers, Charles Ryser now has to comply with rules that lead to more downtime and force him to switch shifts regularly with his father, breaking him from his rhythm.
WASHINGTON — For commercial truck drivers such as Charles Ryser, when the wheels aren’t turning, you aren’t earning.
Until July, Ryser and his father — who drive in a team from a base in Forsyth, Ga. — worked on their own terms. Charles took the day shift, while his father, David Ryser, got behind the wheel at dusk.
But because of a Department of Transportation attempt to cut down on fatigued drivers, Charles Ryser now has to comply with rules that lead to more downtime and force him to switch shifts regularly with his father, breaking him from his rhythm.
“How is that safe, if you have someone trying to alter their sleep pattern on a dime?” he asked.
Like it or not, the rules are here to stay, as efforts to roll back the changes pushed by the Federal Motor Carrier Safety Administration, an arm of the Department of Transportation, have failed.
Earlier this month, the U.S. Court of Appeals upheld the vast majority of the rules. The American Trucking Associations and the Owner Operator Independent Drivers Association, the two main groups that strongly oppose the rules, said that any further legal challenges are unlikely.
The rules were crafted in December 2011 to more tightly restrict driving hours. The biggest change comes from restructuring the “restart” that truckers use to reset their weekly count; the Department of Transportation says the revision effectively lowers the maximum average workweek for truckers from 82 hours
In the past, a workweek could reset anytime after a trucker took 34 consecutive hours off. Now, the clock can be reset only once a week and if time off includes two consecutive periods from 1 to 5?a.m.
The regulations also add a mandatory 30-minute break after eight hours of driving, while reinforcing that truckers still may not drive more than
11 hours a day.
The new restart, advocates say, is aligned with the body’s natural tendencies to sleep at night. The Department of Transportation estimates that the rule will help prevent 1,400 truck crashes, 560 injuries and 19 deaths per year, while affecting less than 15 percent of truckers, the ones who drive the most hours.
But opponents argue that all truckers, not just those with extreme schedules, will feel the ripple effects.
“What they are doing is applying rigidity where there actually needs to be flexibility,” said Norita Taylor, a spokeswoman for the Owner Operator Independent Drivers Association. “Not all drivers’ jobs and businesses are run the same, and not all people run the same in regards to their body clock.”
In the case of the Rysers, shipping delays can create unexpected downtime, potentially forcing them into restarts they’d rather not take. They flip their shifts to avoid that scenario.
Now that the rules are permanent, the Owner Operator Independent Drivers Association plans to focus on a push for increased new-driver training. Currently, long-haul truck drivers don’t have mandatory training outside of the commercial driver’s-license test.
Drivers occupy one of the exemptions to federal overtime laws, and many get paid per mile. In the Transportation Department’s analysis of costs and benefits, the new rules are an overall positive, providing a net benefit of $205 million annually. While costs were easier to predict, estimating the overall value of the law proved difficult, as the agency highlighted the unpredictable nature of the benefits, including reduced fatigue, coupled with the long-term health benefits of added sleep.
“Studies show that working long daily and weekly hours on a continuing basis is associated with chronic fatigue, a high risk of crashes and a number of serious, chronic health conditions in drivers,” said Anne Ferro, the chief of the Federal Motor Carrier Safety Administration.
She added that the agency had reached out to industry stakeholders and included some of their recommendations in the final rules.
But Dave Osiecki, a senior vice president at the American Trucking Associations, isn’t buying the health estimates.
“The government has created hundreds of millions of dollars of health benefits on paper that are very hard to believe will ever be achieved,” he said. His group led the legal push against the regulations.
Congress asked the Department of Transportation to update its drive-time rules in 1995, but they have been subject to a constant legal battle since they came out in 2003.
With the new rules in place, Charles Ryser said, he’d been forced to add downtime, something he’d hoped to avoid when he joined a team with his father. He said his truck could be out of service up to an extra
12 hours a week, translating to lost pay.