1. December 7, 2009 MCSAC Presentation1 Commercial Motor Vehicle Drivers’ Hours of Service Background Information Tom Yager Chief, FMCSA Driver and Carrier Operations Division

2. December 7, 2009 MCSAC Presentation2 Background First Hours of Service (HOS) Rules –Interstate Commerce Commission, No. MC-2, 1937 –Issued first eight HOS rules. –Many issues and discussions similar to today. –By 1939, revisions started due to various objections.

3. December 7, 2009 MCSAC Presentation3 Background From ICC 1937 Deliberations: “For some time we have had under serious consideration the advisability of having a comprehensive, scientific study made of the causes and effects of driver fatigue…. We have concluded that it would be wise to have such a study made.…”

4. December 7, 2009 MCSAC Presentation4 Background Little fundamental change in commercial motor vehicle (CMV) hours-of-service (HOS) regulations from 1937 to 2004. 1995 ICC Termination Act required the FHWA/OMC [now FMCSA] to address fatigue-related motor carrier safety issues. Major revisions made in 2003 Final Rule (effective in 2004).

5. December 7, 2009 MCSAC Presentation5 Background After a DC Circuit case, the 2005 Final Rule re-established the 2003 revisions (with a change in sleeper- berth provisions). After a DC Circuit case, the 2007 IFR and 2008 Final Rule made no changes in regulatory language. Therefore, most current provisions (except sleeper-berth) have been in operation for nearly 6 years.

6. December 7, 2009 MCSAC Presentation6 Background Court Settlement (October 26, 2009) Public Citizen, et al. v. FMCSA, et al. (D.C. Cir. No. 09-1094). Publish Notice of Proposed Rulemaking ("NPRM") as part of a new driver HOS rulemaking proceeding. Submit the NPRM to [OMB] for review within nine months of the date of this Agreement. Publish a Final Rule based on the Rulemaking within 21 months of the date of this Agreement. DOT will consider all comments regarding, and proposed changes to, the existing driver hours-of-service regulations.

7. December 7, 2009 MCSAC Presentation7 Hours of Service Over the Years

8. December 7, 2009 MCSAC Presentation8 Mission and Purpose FMCSA Mission –“…reduce truck and bus crashes, resulting in fewer fatalities and injuries.” Hours of Service (HOS) Rule Purpose –Reduce truck and bus crashes by preventing driving of a commercial motor vehicle (CMV) while fatigued. Do so by providing adequate opportunities for sleep by a healthy CMV driver. BUT, what do we mean by “fatigue?”

9. December 7, 2009 MCSAC Presentation9 Fatigue Physical fatigue –Muscle weakness; lack of strength. –Some causes: Illness, medication, heavy physical exercise. Mental fatigue –Decreased wakefulness; sleepiness; drowsiness. –Decreased state of attention. –Some causes: Illness, medication, lack of mental stimulation, lack of adequate sleep (many possible reasons), time of day (Circadian rhythm), physical fatigue.

10. December 7, 2009 MCSAC Presentation10

11. December 7, 2009 MCSAC Presentation11 Contact Information Tom Yager Chief, Driver and Carrier Operations Division Federal Motor Carrier Safety Administration (202) 366-9220 tom.yager@dot.gov