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Freight Management Services
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900 Dudley Avenue
Cherry Hill, NJ 08002
Phone: (856) 317-9600
team@tuckerco.com
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Letter to the Editor: A Transportation Intermediary's views on the July 19, 2004 HOS Circuit Court ruling.
Just because the FMCSA's new HOS rules were far less draconian than their initial HOS proposal, industry should not have rejoiced and accepted them in typical Washington style. When DOT stated it would redesign HOS to slash highway fatalities in half, it neglected its own data. You can't cut deaths 50% by vigorously re-regulating the party responsible for less than 25% of them! DOT data only blames 25% of truck related deaths on the truck driver. DOT safety statistics are impressive, showing a steady two decades' long decrease in truck-related highway deaths while truck vehicle miles traveled doubled.
FMCSA's own study on the impact of their new HOS predicted a saving of 75 lives annually--a 1.5% reduction; and anticipated a need for over 80,000 trucks to move the same amount of freight under the new HOS. That is nearly five times the size of Schneider National on our already congested roads! But what of those 80,000 extra trucks and the additional deaths they may cause? The approximate annual number of truck related highway deaths is about 5000. Most studies forecast a need for 6% to 18% more trucks on the highways under new HOS to move the same freight. Experience under new HOS seems to corroborate this need. That translates into a potential of between 300 (6%) and 900 (18%) more deaths under these "safer" new rules.
FMCSA is comprised of good, well intentioned folks, but they were up against a deadline, had a backlog of projects, and did not share ideas or work openly with industry along the way. They rushed the HOS rules, and the Court was wise enough to acknowledge it. FMCSA's rule was also influenced by special interests who wrapped their rhetoric in a false public safety Washington "spin."
Truck drivers are infuriated by the new HOS because they cut into their ability to drive and make money, and dramatically reduced their discretion and flexibility with regard to taking breaks, eating and fueling, forcing the driver to drive past when he/she feels tired or hungry. Hopefully this Court, shippers, drivers and legislators won't take kindly to seeing FMCSA offer a revised ruling that further restricts driving time and drivers' flexibility with regard to well being and their ability to earn a wage.
Sincerely,
Jeffrey G. Tucker, CEO
Tucker Company Worldwide, Inc.
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