The Fleet Business Authority
Issue link: http://heavydutytrucking.epubxp.com/i/307131
t GAO to analyze hours-of-service studies WASHINGTONreport t Carriers may use informal hearings to contest FMCSA penalties The Federal Motor Carrier Safety Admin- istration is again offering carriers the option of using an informal hearing to contest penalties for violations of the safety rules. The agency started offering the hearings on a limited basis in 2005 but suspended the program in 2010 out of concern that the officials who were conducting the hear- ings might not be considered neutral. After studying the program and pro- posals to improve it, the agency has determined that the informal hearings are an effective option for adjudicating enforcement cases. In a March 27 Federal Register notice, the agency said it is reinstating the program and expanding it to all areas of the country. As the agency was introducing the program between 2005 and 2010, it limited it to the Midwest and East. Informal hearings are one of several options available to those who disagree with a claim by the agency. A carrier can request binding arbitration or administrative adju- dication. Adjudication can be handled through a formal hearing before an administrative law judge, through written evidence without a hearing or through an informal hearing. The idea, the agency said, is to provide expedited consideration of a civil case by a neutral third party – an agency employee – with a final review by the agency's as- sistant administrator. Hearing officers are selected from the agency's legal section but are not engaged in enforcement, the agency said. American Trucking Associations made several sugges- tions to improve the program. One was that the agency use electronic filing to speed up the process, and the agency said it will consider changing its rules to permit that. ATA also suggested that the agency use hearing officers who are not FMCSA employees, but the agency rejected that idea. The attorneys in the legal section who are not involved in enforcement can be neutral arbiters, the agency said. In response to another ATA concern, the agency said that a carrier has the right to appeal a decision of an infor- mal hearing. ■ 14 HDT • MAY 2014 www.truckinginfo.com Transportation leaders in the House are asking the Government Accountability Office to review two studies used by the Federal Motor Carrier Safety Administration in its hours-of-service rule. Reps. Bill Shuster, R-Pa., and Tom Petri, R-Wis., are reacting to objections by some in the truck- ing industry to the 34-hour restart provision of the rule. "Concerns have been raised that these regulatory changes may have been enacted without proper data or analysis," Shuster said. Petri added: "We need to make sure the requirements are based on sound facts and actually improve safety rather than just overwhelm the industry with another onerous regulation." The provision requires drivers to take off two periods between 1 a.m. and 5 a.m. during their 34-hour restart, and limits the restart to once a week. Some carriers object to this, arguing that it reduces their productivity and puts drivers onto the road during morning rush hour, without improving safety. The congressmen asked for evalu- ations of two studies FMCSA used to write the provision. The most recent study, a field test of earlier lab work, proved the benefit of the restart provision, the agency has said. Shuster and Petri asked GAO to see if this study collected the proper data and if the drivers were representative of the industry. They also want to know if the study looked at the safety impact of having more trucks on the road during morning hours, and if the driver groupings were appropriate. The second study was part of the agency's Regulatory Impact Analysis in the rule itself. Shuster and Petri asked for GAO's take on the validity of assumptions, data and methodologies in the study. American Trucking Associations applauded the request. "We need to make sure the requirements are based on sound facts and actually improve safety rather than just overwhelm the industry with another onerous regulation." – Tom Petri, R-Wis. Informal hearings are one of several options available to those who disagree with a claim by the agency. w a s h i n g t o n r e p o r t _ m a y . i n d d 1 4 washington report_may.indd 14 4 / 2 9 / 1 4 3 : 4 4 P M 4/29/14 3:44 PM