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26 time. This was not legal, but it prevented the waiting time pers and receivers to reduce driver wait times. In many cases, from constraining their allowed driving and on-duty time. carriers have imposed detention charges. As a result, shippers For most long-haul TL drivers, the non-stopping clock has and receivers have had to take measures to reduce waiting had a greater effect on time from start to end of an on-duty time at their loading docks. The effect of reduced waiting time period than the reduction of on-duty time from 15 to 14 hours. was not specifically analyzed in the RIA as a benefit of the Because waiting time now reduces time available for driving, rule. In this sense, this was an unexpected impact. the ability of long-haul TL drivers to use the allowed 11th driving hour is limited. The inability to stop the clock for a break may also be a fac- HOS Rules for Train Operators tor when new rules (e.g., local requirements that deliveries be Policy Description made only at certain times) force changes in scheduling. That a driver cannot go off the clock when, for example, such a The railroad HOS rules were originally created by statute change introduces a delay at the end of a trip, may introduce in 1907 to correct abusive labor conditions in the railroad new complexities into trip planning. industry. Until recently, the law required that train crews FMCSA analysis of survey data before and after the 2003 and dispatchers work no more than 12 hours at a time. After rule change suggests that the rule has reduced hours on the 12 hours on duty, there must be 10 hours off duty. However, job for drivers.3 In fact, on-duty hours fell from 64 to 62 for if crews work less than 12 hours, they are only required to be an 8-day period in a random selection of drivers. It is likely given 8 hours of rest. that this effect was greatest for long-haul TL drivers in un- In some cases, a train crew will reach its HOS limit at a scheduled operation. Less-than-truckload (LTL) over-the- place where they cannot be released from duty. In these cases, road drivers are almost always on schedules, and the same is crews are required to stop the train, wherever it is, and wait true for many private drivers. Given that these latter groups for a new crew. The time after the train stops and before the of drivers typically do not come close to exhausting their on- crew can go off-duty is known as "limbo" time. Limbo time duty hours, more of them are likely to be driving at least part has come to mean time spent waiting for a new crew plus time of the 11th hour. traveling to the location where they can be released from A study by J. B. Hunt found that 74 percent of their drivers duty. Limbo time does not count toward on-duty or off-duty used the 34-hour restart provision at least once in 30 days.4 time. Detailed provisions for limbo time are in each railroad's Increased scheduling flexibility from the 34-hour restart pe- labor agreements, and they vary among carriers. riod has been widely perceived as a benefit under the new On September 12, 2008, a Metrolink passenger train col- rule. Aside from the flexibility, many drivers appreciate that lided with a Union Pacific freight train in Los Angeles, killing the restart makes it easier for them to keep track of their al- 25 people. Following the accident, Congress pushed rapidly lowable hours under the multi-day provision; the procedure to pass a rail safety law. On October 16, 2008, President Bush for the old rule was complicated. signed the Rail Safety Improvement Act of 2008 into law. Be- lieving that long work hours contributed to the accident, the Unexpected Impacts law revised the railroad HOS rules that went into effect in July of 2009. Specifically, the Act A number of industry comments have suggested that the rule change has not had a negative impact on trucking pro- Limits the total on-duty and limbo time for train crew and ductivity. Industry trends in safety performance measures dispatchers to 276 hours per month; have been positive. Large truck fatality and injury rates per Keeps total allowable shift time at 12 consecutive hours; mile have decreased during the period that the new HOS rule Increases uninterrupted off-duty hours from 8 to 10 hours has been in effect.5 In general, these results are consistent with in a 24-hour period, regardless of prior on-duty time; and the forecast impacts in the regulatory impact analysis (RIA) Requires 2 consecutive days off after 6 consecutive days for the rule. The decisionmakers in FMCSA had a clear idea worked or 3 consecutive days off after 7 consecutive days of what the effects would be. worked and reduces allowable limbo time to 40 hours As a result of the non-stopping 14-hour clock in the 2003 per month and then to 30 hours per month 1 year after rule, carriers have had a stronger hand in working with ship- enactment. 3FMCSA, Final Rule: Hours of Service of Drivers, August 25, 2005, 70 FR 49977- 50073. Policy Impacts 4Ibid. 5Insurance Institute for Highway Safety, "Fatality Facts: 2006," www.iihs.org/ Overall, recent changes to the HOS rule will likely improve research/fatality_facts_2006/largetrucks.html#sec1 safety on passenger and freight railroads. The changes address