Commercial Motor Carriers
More Could Be Done to Determine Impact of Excessive Loading and Unloading Wait Times on Hours of Service Violations Gao ID: GAO-11-198 January 26, 2011The interstate commercial motor carrier industry moves thousands of truckloads of goods every day, and any disruption in one truckload's delivery schedule can have a ripple effect on others. Some waiting time at shipping and receiving facilities--commonly referred to as detention time--is to be expected in this complex environment. However, excessive detention time could impact the ability of drivers to perform within federal hours of service safety regulations, which limit duty hours and are enforced by the Federal Motor Carrier Safety Administration (FMCSA). This report discusses: (1) How regularly do truck drivers experience detention time and what factors contribute to detention time? (2) How does detention time affect the commercial freight vehicle industry? (3) What federal actions, if any, could be taken to address detention time issues? GAO analyzed federal and industry studies and interviewed a nongeneralizable sample of truck drivers, as well as other industry stakeholders and FMCSA officials.
While there are no industry-wide data on the occurrence of detention time, GAO interviews with over 300 truck drivers and a number of industry representatives and motor carrier officials indicate that detention time occurs with some regularity and for a variety of reasons. About 59 percent of interviewed drivers reported experiencing detention time in the past 2 weeks and over two-thirds reported experiencing detention time within the last month. Drivers cited several factors that contribute to detention time. About 43 percent of drivers identified limitations in facilities, such as the lack of sufficient loading and unloading equipment or staff. These limitations can occur when facilities overschedule appointments, creating a backlog of vehicles. Another factor cited by about 39 percent of drivers was the product not being ready for shipment. Other factors include poor service provided by facility staff, facility scheduling practices that may encourage drivers to line up hours before the facility opens, and factors not under the control of the facility, such as drivers filing paperwork incorrectly. Some facilities are taking steps to address these factors, such as using appointment times. Detention time can result in reduced driving time and lost revenue for drivers and carriers. For those drivers that reported previously experiencing detention time, about 80 percent reported that detention time impacts their ability to meet federal hours of service safety requirements--a maximum of 14 hours on duty each day, including up to 11 hours of driving--by reducing their available driving time. About 65 percent of drivers reported lost revenue as a result of detention time from either missing an opportunity to secure another load or paying late fees to the shipper. Some practices can mitigate these economic impacts, such as charging detention time fees and developing relationships with facilities so drivers become familiar with a facility's process. According to industry representatives, carrier companies are better positioned than independent owner operators to use such practices and are better able to handle logistical challenges that may result from detention time. While FMCSA collects data from drivers during roadside inspections, which provide information on the number of hours of service violations, the agency currently does not collect--nor is it required to collect--information to assess the extent to which detention time contributes to these violations. Agency officials stated that FMCSA does not identify the factors that contribute to hours of service violations, and detention time could be just one of many factors. To date, FMCSA research has focused on an overview of freight movement, but not the extent to which detention time occurs or how it may impact hours of service violations. FMCSA plans to conduct a 2012 study to better understand the extent to which detention time occurs. Obtaining a clearer industry-wide picture about how detention time contributes to hours of service violations could help FMCSA determine whether additional federal action might be warranted. However, any additional federal actions to address issues associated with detention time beyond hours of service would require careful consideration to determine if any unintended consequences may flow from federal action to regulate detention time. GAO recommends that FMCSA examine the extent to which detention time contributes to hours of service violations in its future studies on driver fatigue and detention time. We provided a draft of this report to DOT for review. DOT officials provided technical comments, which we incorporated into the report, as appropriate.
RecommendationsOur recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director: Susan A. Fleming Team: Government Accountability Office: Physical Infrastructure Phone: (202) 512-4431GAO-11-198, Commercial Motor Carriers: More Could Be Done to Determine Impact of Excessive Loading and Unloading Wait Times on Hours of Service Violations
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United States Government Accountability Office:
GAO:
Report to the Ranking Member, Subcommittee on Highways and Transit,
Committee on Transportation and Infrastructure, House of
Representatives:
January 2011:
Commercial Motor Carriers:
More Could Be Done to Determine Impact of Excessive Loading and
Unloading Wait Times on Hours of Service Violations:
GAO-11-198:
GAO Highlights:
Highlights of GAO-11-198, a report to the Ranking Member, Subcommittee
on Highways and Transit, Committee on Transportation and
Infrastructure, House of Representatives.
Why GAO Did This Study:
The interstate commercial motor carrier industry moves thousands of
truckloads of goods every day, and any disruption in one truckload‘s
delivery schedule can have a ripple effect on others. Some waiting
time at shipping and receiving facilities”commonly referred to as
detention time”is to be expected in this complex environment. However,
excessive detention time could impact the ability of drivers to
perform within federal hours of service safety regulations, which
limit duty hours and are enforced by the Federal Motor Carrier Safety
Administration (FMCSA).
This report discusses: (1) How regularly do truck drivers experience
detention time and what factors contribute to detention time? (2) How
does detention time affect the commercial freight vehicle industry?
(3) What federal actions, if any, could be taken to address detention
time issues? GAO analyzed federal and industry studies and interviewed
a nongeneralizable sample of truck drivers, as well as other industry
stakeholders and FMCSA officials.
What GAO Found:
While there are no industry-wide data on the occurrence of detention
time, GAO interviews with over 300 truck drivers and a number of
industry representatives and motor carrier officials indicate that
detention time occurs with some regularity and for a variety of
reasons. About 59 percent of interviewed drivers reported experiencing
detention time in the past 2 weeks and over two-thirds reported
experiencing detention time within the last month. Drivers cited
several factors that contribute to detention time. About 43 percent of
drivers identified limitations in facilities, such as the lack of
sufficient loading and unloading equipment or staff. These limitations
can occur when facilities overschedule appointments, creating a
backlog of vehicles. Another factor cited by about 39 percent of
drivers was the product not being ready for shipment. Other factors
include poor service provided by facility staff, facility scheduling
practices that may encourage drivers to line up hours before the
facility opens, and factors not under the control of the facility,
such as drivers filing paperwork incorrectly. Some facilities are
taking steps to address these factors, such as using appointment times.
Detention time can result in reduced driving time and lost revenue for
drivers and carriers. For those drivers that reported previously
experiencing detention time, about 80 percent reported that detention
time impacts their ability to meet federal hours of service safety
requirements”a maximum of 14 hours on duty each day, including up to
11 hours of driving”by reducing their available driving time. About 65
percent of drivers reported lost revenue as a result of detention time
from either missing an opportunity to secure another load or paying
late fees to the shipper. Some practices can mitigate these economic
impacts, such as charging detention time fees and developing
relationships with facilities so drivers become familiar with a facility
‘s process. According to industry representatives, carrier companies
are better positioned than independent owner operators to use such
practices and are better able to handle logistical challenges that may
result from detention time.
While FMCSA collects data from drivers during roadside inspections,
which provide information on the number of hours of service
violations, the agency currently does not collect”nor is it required
to collect”information to assess the extent to which detention time
contributes to these violations. Agency officials stated that FMCSA
does not identify the factors that contribute to hours of service
violations, and detention time could be just one of many factors. To
date, FMCSA research has focused on an overview of freight movement,
but not the extent to which detention time occurs or how it may impact
hours of service violations. FMCSA plans to conduct a 2012 study to
better understand the extent to which detention time occurs. Obtaining
a clearer industry-wide picture about how detention time contributes
to hours of service violations could help FMCSA determine whether
additional federal action might be warranted. However, any additional
federal actions to address issues associated with detention time
beyond hours of service would require careful consideration to
determine if any unintended consequences may flow from federal action
to regulate detention time.
What GAO Recommends:
GAO recommends that FMCSA examine the extent to which detention time
contributes to hours of service violations in its future studies on
driver fatigue and detention time. We provided a draft of this report
to DOT for review. DOT officials provided technical comments, which we
incorporated into the report, as appropriate.
View [hyperlink, http://www.gao.gov/products/GAO-11-198] or key
components. For more information, contact Susan Fleming, 202-512-2834,
flemings@gao.gov.
[End of section]
Contents:
Letter:
Background:
Some Truck Drivers May Experience Detention Time Regularly Due to
Several Contributing Factors:
Detention Time Can Result in Reduced Driving Time and Lost Revenue:
Additional Information on Factors Contributing to Hours of Service
Violations Could Help FMCSA Determine the Impact of Detention Time on
These Violations:
Conclusions:
Recommendations for Executive Action:
Agency Comments and Our Evaluation:
Appendix I: Objectives, Scope, and Methodology:
Appendix II: Truck Driver Structured Interview Questions and Results
for Closed-Ended Questions:
Appendix III: Example of a Driver Log Book:
Appendix IV: North American Standard Driver and Vehicle Inspection
Levels:
Appendix V: GAO Contact and Staff Acknowledgments:
Table:
Table 1: Top 10 Driver Out-of-Service Violations from U.S. Roadside
Inspections in 2009:
Figures:
Figure 1: Examples of Different Vehicle Body Types:
Figure 2: Description of the Steps Typically Involved in Moving Cargo:
Figure 3: History of Relevant Legislation Affecting Motor Carrier
Regulation:
Figure 4: Components of a Sample Driver Log Book:
Abbreviations:
DOT: Department of Transportation:
FHWA: Federal Highway Administration:
FMCSA: Federal Motor Carrier Safety Administration:
[End of section]
United States Government Accountability Office:
Washington, DC 20548:
January 26, 2011:
The Honorable Peter A. DeFazio:
Ranking Member:
Subcommittee on Highways and Transit:
Committee on Transportation and Infrastructure:
House of Representatives:
The interstate commercial motor carrier industry moves a huge
assortment of raw materials and goods to and from locations throughout
the United States to meet the needs of thousands of shippers. As of
2008, over 61 percent of our nation's cargo by weight, and over 66
percent by value, are transported by trucks. The transportation
demands of shippers are diverse, dynamic, and often time-sensitive. To
efficiently service these needs, trucking companies and their clients
must plan, coordinate, and staff the complex shipment and receipt of
thousands of truckloads every day. They must also deal with ever-
changing circumstances, such as short-notice shipping needs and
unforeseen delays that require resources to be reshuffled. Any given
disruption in one truckload's delivery can have a variety of ripple
effects, including for the truck driver whose delivery was initially
delayed, other truck drivers who are waiting to load or unload their
shipment at the same facility, the shipping facilities, and the
ultimate customers who are waiting to receive their shipments.
Therefore, the long waiting and loading and unloading times that truck
drivers can experience at shipping and receiving facilities--commonly
referred to as detention time--are a concern for the industry.
[Footnote 1] A 2009 Department of Transportation (DOT) study
identified detention time as a major loss of productivity in the
industry and estimated that addressing this issue could result in a
potential gain to carriers of about $4 billion annually.[Footnote 2]
While a certain amount of detention time is to be expected given the
system's complexities, drivers are subject to federal hours of service
regulations, which specify, among other things, the allowable number
of duty hours during a standard work day and work week.[Footnote 3]
Excessive detention time could impact the ability of drivers to meet
their delivery schedules within these federal requirements.
Given the importance of freight transportation to our nation's economy
and the potential impact that detention time has on the commercial
motor vehicle industry, you asked us to provide information on the
issue of detention time. More specifically, this report focuses on the
following questions: (1) How regularly do truck drivers experience
detention time and what factors contribute to detention time? (2) How
does detention time affect the commercial freight vehicle industry,
including the impact on federal hours of service requirements? (3)
What federal actions, if any, could be taken to address the issues
associated with detention time?
To accomplish these objectives, we reviewed hours of service
regulations, legislation related to the regulation of the trucking
industry, and relevant Federal Motor Carrier Safety Administration
(FMCSA) regulations; agency reports such as motor carrier efficiency
studies; Federal Highway Administration (FHWA) freight facts and
figures; and an Office of Motor Carriers study on trucking operations
and hours of service. We also reviewed information about the trucking
industry and driver safety overviews, such as trucking logistics
overviews and background information on warehouse and distribution
centers. To capture the various perspectives of the diverse trucking
industry, we interviewed officials and representatives from federal
agencies, port authorities, carrier companies, trucking associations,
manufacturing associations, warehouse facilities, and research firms.
To conduct these interviews, we contacted officials and
representatives across the country by phone, and we conducted site
visits to Chicago, Illinois; Newark, New Jersey; and Port Arthur,
Texas. Finally, we conducted 302 structured interviews with truck
drivers at four truck stops--Ashland, Virginia; Baytown, Texas;
Walcott, Iowa; and North Bend, Washington--in July and August 2010 to
obtain reactions about detention time factors and impacts. We chose
these sites to obtain geographic dispersion and based on input from
industry stakeholders. Results from this nongeneralizable sample
cannot be used to make inferences about the population. We performed
our work from March 2010 through January 2011 in accordance with
generally accepted government auditing standards. Those standards
require that we plan and perform the audit to obtain sufficient,
appropriate evidence to provide a reasonable basis for our findings
and conclusions based on our audit objectives. We believe that the
evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objectives. (See appendix I for a more
detailed discussion of our scope and methodology. See appendix II for
the results of the structured interview close-ended questions).
Background:
The nation's interstate commercial motor carrier industry is extensive
and includes a number of stakeholders, including carriers, shippers,
receivers, and intermediaries.
* Motor carriers are companies or individuals that transport cargo
using motor vehicles. According to FMCSA[Footnote 4] officials, there
are about 737,000 interstate carriers registered with FMCSA.[Footnote
5] While the largest motor carriers operate upward of 50,000 vehicles,
approximately 80 percent of carriers are small independent-owner
operators or trucking companies, operating between 1 and 6 vehicles.
Within the industry, there is a variety of types of carriers. For
example, carriers are either for-hire, transporting cargo to the
public on a fee basis, or private, running a vehicle fleet to
transport only the company's own products. There are also two
principal classes of for-hire carriers: truckload carriers transport a
single shipper's cargo between two locations, while less-than-
truckload carriers transport cargo for multiple customers that may
require pick-up or delivery at multiple locations. In addition, some
carriers primarily provide long-haul service--which is generally
considered to be intercity service--while other carriers primarily
provide service within a metropolitan region, referred to as short
haul. Finally, carriers use vehicles that differ by body types--
including dry trailers, refrigerated trailers, flat beds, and tank
trailers--some of which can carry a variety of cargo, while others are
used for only one type of cargo.[Footnote 6] (See figure 1 for
examples of vehicles.)
Figure 1: Examples of Different Vehicle Body Types:
[Refer to PDF for image: 4 photographs]
Refrigerated truck:
Tanker truck:
Flatbed truck:
Dry van.
Source: GAO.
[End of figure]
* Shippers are the cargo owners that hire the carriers to transport
their cargo. For example, a shipper could be a product manufacturer
that hires a carrier to transport its product from the manufacturing
plant to the end customer, or a retail company that hires a carrier to
pick up its finished products, such as clothing or electronics, from a
seaport terminal or other location for transport to a distribution
center.
* Receivers are those who are scheduled to receive and take ownership
of the cargo. The receiver could be the customer of the shipper, such
as a retail company or manufacturing plant, which takes ownership of
the cargo to sell or use in a production process.
* Intermediaries arrange for the transportation of goods between the
shippers and receivers. For example, a freight forwarder acts as an
agent on the behalf of the shipper and will consolidate shipments from
several shippers and then contract with carriers to transport these
shipments. In addition, a freight broker will arrange the pick up and
delivery of a shipper's good by a carrier without having physical
control of the cargo.
* Third-party logistical companies provide warehousing and supply
chain services for the shippers and can arrange transportation of the
shippers' products. For example, carriers could transport cargo to a
third-party distribution center, which can repackage the cargo for
further distribution.
Figure 2 provides a description of the steps typically involved in
moving cargo through the system.
Figure 2: Description of the Steps Typically Involved in Moving Cargo:
[Refer to PDF for image: illustration]
Receiver:
The receiver places an order and sets a delivery date with the shipper.
Shipper:
The shipper sets a shipping date and contracts with a carrier. The
contract includes the services to be provided, the commodities to be
transported, and the rates charged.
Carrier:
The carrier receives the shipment information and ensures the
paperwork is in order; assigns the vehicle to transport the shipment;
calls the shipper or the shipper‘s consignee warehouse for a pick-up
appointment (if the shipper has an appointment system); and calls the
receiver to schedule a delivery appointment.
Shipper's facility:
The truck driver proceeds to the shipper‘s facility where the cargo is
loaded onto the truck. (potential detention time)
Transporting cargo:
The driver transports the cargo from the shipper‘s facility to the
receiver‘s facility. (through distribution center, with potential
detention time)
Receiver's facility:
The receiver inspects the cargo for damage and unloads the vehicle.
(potential detention time)
Source: GAO.
[End of figure]
The decisions of the various stakeholders--carriers, shippers,
receivers, and others--direct the logistics (or operation) of the
interstate commercial motor carrier industry, and consequently can
affect the occurrence and amount of detention time. Each stakeholder
plans and organizes its own activities within this large industry in
an effort to meet its critical objectives. Carriers attempt to
minimize their travel time and the miles they drive with no cargo,
while at the same time meeting the needs of shippers. Shippers try to
minimize the costs of their transportation needs while ensuring
delivery in a timely manner. As each stakeholder makes its own
logistical decisions, it faces tradeoffs in the costs and benefits of
various options for how to schedule and manage resources. Given the
numerous activities that need to be scheduled and coordinated within
the industry on a daily basis, some level of trucker detention time is
expected. If a shipper provides its own trucking services through a
private fleet, one of the shipper's goals will likely be to schedule
shipments in a way that minimizes detention time and thus increases
productivity. However, if, for example, an on-time pick up is a high
priority for a particular shipment, then the shipper may choose to
schedule a truck to arrive early, thus potentially increasing the
likelihood or amount of detention time. Conversely, when a shipper
uses a for-hire carrier, the shipper may be less inclined to fully
take the extent of detention time into consideration when making its
scheduling decisions because the shipper does not fully bear the costs
of the detention time it may impose on truckers. Therefore, some
detention time in the industry likely results because shippers' and
receivers' decisions can affect the extent of detention time, but the
costs of detention time are largely born by truckers.
The federal role in regulating the interstate commercial motor carrier
industry has changed over time, as shown in figure 3.
Figure 3: History of Relevant Legislation Affecting Motor Carrier
Regulation:
[Refer to PDF for image: time line]
1935:
The Motor Carrier Act, 1935[A] passes, placing responsibilities on the
Interstate Commerce Commission (ICC) to regulate motor carriers in the
areas of economic health and safety. The act provides for the ICC to
establish requirements for the qualifications and maximum hours of
service for drivers of a motor carrier.[B] The act also provides the
ICC with the authority to control operating permits, approve trucking
routes, and set tariff rates.
1967:
Motor carrier safety responsibilities are transferred to the newly-
created Department of Transportation (DOT), where they are then
delegated to the Federal Highway Administrator.[C] ICC retains
economic regulatory authority; for instance, the Commission can issue
operating certificates and receive tariffs, among other ancillary
functions. DOT acquires safety functions of motor carriers and ICC
retains economic regulatory responsibility.
1980:
The Motor Carrier Act of 1980 substantially deregulates the industry
by easing entry and ratemaking requirements, and deregulating the
routes and geographic regions that motor carriers can serve, among
other things.[D] ICC‘s limited responsibilities are clearly set out in
the new law.
1994:
The Trucking Industry Regulatory Reform Act of 1994 further
deregulates the industry by eliminating the tariff filing requirement
for most motor carriers.[E] Among other ancillary functions, ICC
retains rate dispute and licensure responsibilities.
1995:
All economic control of the industry is eliminated with the passage of
the ICC Termination Act of 1995.[F]
2000: Responsibilities for motor carrier safety are transferred from
the Federal Highway Administration (FHWA) to Federal Motor Carrier
Safety Administration (FMCSA) with the passage of the Motor Carrier
Safety Improvement Act of 1999.[G]
Source: GAO.
Note: This chart represents a brief history of major pieces of motor
carrier legislation that have had an impact on regulation of the motor
carrier industry and that are relevant to this report. This chart does
not represent a complete history of major legislation in the motor
carrier industry.
[A] Pub. L. No. 74-255, 49 Stat. 543 (1935). Prior to the passage of
this act, the industry was regulated by the states.
[B] Pub. L. No. 74-255, § 204, 49 Stat. 543, 546 (1935).
[C] Department of Transportation Act, Pub. L. No. 89-670, § 6, 80
Stat. 931, 940 (1966). The act became effective on April 1, 1967.
[D] Pub. L. No. 96-296, 94 Stat. 793 (1980).
[E] Pub. L. No. 103-311, Title II, 108 Stat. 1673 (1994).
[F] Pub. L. No. 104-88, 109 Stat. 803.
[G] Pub. L. No. 106-159, § 101, 113 Stat. 1748, 1750 (1999). The
transfer provision became effective on January 1, 2000. See section
107 of the act.
[End of section]
Currently, the federal role in the industry is focused on regulating
safety aspects of the trucking industry and funding transportation
infrastructure, which are managed by two agencies within DOT. FMCSA's
primary mission is to prevent commercial motor-vehicle-related
fatalities and injuries.[Footnote 7] It carries out this mission by
issuing, administering, and enforcing federal motor carrier safety
regulations--including hours of service requirements--and gathering
and analyzing data on motor carriers, drivers, and vehicles, among
other things. FMCSA also takes enforcement actions, and funds and
oversees enforcement activities at the state level through Motor
Carrier Safety Assistance Program grants. FHWA is responsible for
overseeing the federal-aid highway program, which funds highway
infrastructure. Within FHWA, the Office of Freight Management and
Operations is tasked with promoting efficient, seamless, and secure
freight flows--including freight transported by the interstate
commercial motor carrier industry--on the U.S. transportation system
and across the nation's borders. The office advances its mission by
building a greater understanding of freight transportation issues and
trends, improving operations through advanced technologies, and
educating and training freight transportation professionals. The
office also conducts operational tests of intelligent transportation
system technologies and promotes the development of standards for
freight information exchange.
Federal hours of service regulations place restrictions on operations
of a property-carrying commercial motor vehicle driver by setting
limits on duty periods. There are three hourly limitations for these
drivers, including a 14-hour "driving window" after coming on duty
following 10 consecutive hours off duty,[Footnote 8] 11 hours of which
can be "driving time,"[Footnote 9] and a prohibition on driving after
60 or 70 hours of on duty time per week, with certain exceptions and
exemptions.[Footnote 10] Specifically:
* 14-hour "driving window": A driver is allowed a period of 14
consecutive hours after coming on duty, following 10 or more
consecutive hours off duty, in which to drive.[Footnote 11] This 14-
hour period begins when the driver starts any kind of work or is
required to be in readiness to work,[Footnote 12] and once the driver
has completed the 14-hour period, the driver cannot drive again
without first being off duty for at least 10 consecutive hours. The 14-
hour period covers both on duty and off duty time.
* 11-hour driving limit: During the 14-consecutive-hour driving
window, the driver is limited to 11 total hours of actual driving
time. The 11 hours can be consecutive or nonconsecutive within the 14-
hour period.[Footnote 13]
* 60/70-hour on duty limit: A driver is required to adhere to one of
two duty hours weekly limits, which is specified by the driver's
carrier.[Footnote 14] A driver may restart the 60-or 70-hour "week" by
taking at least 34 consecutive hours off duty.[Footnote 15]
- If a driver's carrier (employer) does not operate commercial motor
vehicles every day of the week, the driver may not drive after being
on duty 60 hours during any 7 consecutive days.[Footnote 16]
- If a driver's carrier does operate commercial motor vehicles every
day of the week, a 70-hour/8-day schedule is permitted. The driver may
not drive after being on duty 70 hours in any 8 consecutive days."
[Footnote 17]
- A driver may restart the 60-or 70-hour "week" by taking at least 34
consecutive hours off duty.[Footnote 18],[Footnote 19]
According to hours of service regulations, on duty time includes all
of the time from when a driver begins work for a motor carrier or is
required to be in readiness to work by that motor carrier, whether
paid or not, until the time the driver is relieved from work and all
responsibility for performing work.[Footnote 20] Some examples of on-
duty time may include:
* driving time, to include all time spent at the driving controls of a
commercial motor vehicle in operation;
* time at a plant, terminal, or other facility of a motor carrier or
shipper, or on any public property, waiting to be dispatched;
* time loading, unloading, supervising, or attending the truck or
handling receipts for shipments; and:
* all other time in or upon a commercial motor vehicle unless the
driver is resting in a sleeper berth.
Federal hours of service regulations require drivers to maintain a
"record of duty status"[Footnote 21]--commonly referred to as a
driver's log, daily log, or log book[Footnote 22]--either in written
form or electronically using an automatic or electronic on-board
recording device.[Footnote 23] Drivers must account for all hours of
every day in their log, including days off, and must also have a log
for each day of the last 8 days they were required to log.
One means to ensure compliance with various safety requirements,
including hours of service, is for authorized FMCSA and state
officials to conduct driver and vehicle inspections of commercial
vehicle motor carriers.[Footnote 24] During certain types of
inspections, these inspectors check the drivers' logs for compliance
with hours of service regulations.[Footnote 25] If the inspector finds
that a driver has not complied with the hours of service regulations,
the violation can result in a driver being fined and/or being placed
out of service.
In addition, FMCSA ensures that motor carriers comply with safety
requirements through compliance reviews of carriers already in the
industry and safety audits of carriers that have recently started
operations. Compliance reviews and safety audits help FMCSA determine
whether carriers are complying with federal safety requirements--
including hours of service regulations--and, if not, to take
enforcement action against carriers, including placing carriers out of
service.[Footnote 26]
Some Truck Drivers May Experience Detention Time Regularly Due to
Several Contributing Factors:
About Two-Thirds of Interviewed Drivers Experienced Detention Time
within the Last Month:
While there are no industry-wide data providing information on the
occurrence of detention time, interviews with drivers, industry
representatives, and motor carrier officials indicate that detention
time occurs with some regularity. During our structured interviews
with truck drivers, we found that the majority of these drivers had
experienced detention time within the last month.[Footnote 27]
Overall, 204 of the 302 drivers interviewed--about 68 percent--had
reported experiencing detention time within the last month. Most of
these drivers--178 of the 302, or about 59 percent--reported
experiencing detention time within the last 2 weeks. About 11 percent
of the drivers--32 drivers--reported they last experienced detention
time more than 1 month ago. For those drivers that reported previously
experiencing detention time, the amount of detention time ranged from
less than 2 hours to over 8 hours,[Footnote 28] and occurred at a
variety of different facilities, including production facilities and
distribution centers. Finally, about 22 percent of drivers reported
they had never experienced detention time.[Footnote 29]
In addition, a number of motor carrier officials stated that their
truck drivers experience detention time regularly enough to institute
systems to track detention time for their individual companies. For
example, officials from one company that tracks detention time noted
that their drivers experienced detention time on 12 percent of
deliveries over a 3-month time period. While detention time can happen
to all types of carriers, several industry representatives noted that
drivers of some vehicle types experience a higher degree of detention
time, while drivers of other types do not typically experience as much
detention time. For example, some industry representatives noted that
refrigerated trailer drivers tend to experience detention time to a
greater extent than others because refrigerated trailers can maintain
cargo at the required temperature, and can therefore wait for cargo
from other nonrefrigerated trailers to be unloaded. In some cases,
drivers with refrigerated trailers have had to wait overnight in order
to keep the product stored at the proper temperature until it could be
unloaded the next morning. In contrast, while tanker trucks can
experience detention time, some industry representatives noted that
tanker truck drivers do not typically experience as much detention
time as some other types of trailers.
Several Factors Can Contribute to Detention Time:
Truck drivers, industry representatives, and company officials
identified several factors that can contribute to detention time.
Based on our interviews, the 236 drivers that had reported previously
experiencing detention time--either within the last month or more than
1 month ago--facility limitations, arriving for a scheduled pick-up
and finding the product was not ready for shipment, poor service
provided by facility staff, and facility scheduling practices were the
most frequently cited contributing factors. Other stakeholders also
cited these same factors as contributing to detention time.[Footnote
30]
* Facility limitations: About 43 percent of drivers reported they
experienced detention time because the facilities were not adequately
staffed, lacked sufficient loading and unloading equipment, or had an
insufficient number of bays for loading and unloading trucks. These
limitations can occur, for example, when facilities overschedule
appointments for pickup or delivery or do not have enough staff or
equipment to handle the number of trucks scheduled, thereby creating a
backlog of vehicles that need to be loaded or unloaded.
* Product not ready for shipment: About 39 percent of drivers reported
they experienced detention time because the product was not ready for
shipment when they arrived at the facility for pick up. This could be
due to a number of reasons, such as manufacturing problems that
delayed the production of the finished product. Industry
representatives and company officials also highlighted that fresh
produce often is not ready for shipment when drivers arrive at the
loading facility. For example, one reason fresh produce might not be
ready for shipment is that weather, such as heavy rains, can delay
harvesting and packaging of the produce for shipment before the
drivers' scheduled pick-up time.
* Poor service provided by facility staff: About 39 percent of drivers
reported that poor service by the facility staff was the reason they
experienced detention time. Some drivers stated that once they arrived
at the facility, the facility staff were indifferent to the drivers'
schedules and would take their time before starting the loading or
unloading process.
* Scheduling practices: About 34 percent of drivers reported that
facility scheduling practices at some facilities led to detention
time. One of these scheduling practices cited by industry
representatives was a "first come, first serve" system, in which the
facility loads the vehicles in the order of arrival at the facility.
For example, some seaport terminals use this system, which results in
drivers lining up at the gate to the terminal before the facility
opens to make sure they can get their containers as quickly as
possible. The time waiting at the gate is not considered detention
time by the terminals.
* Other factors: Drivers, industry representatives, and company
officials noted there are some other factors not under the control of
the facility that can contribute to detention time. For example, about
6 percent of drivers we interviewed reported that the driver was
responsible for the detention time due to the driver's paperwork not
being in order. In these cases, the facility would either have to push
back its overall schedule, potentially impacting all truck drivers
scheduled for loading and unloading at that facility that day, or have
the delayed driver wait for an available opening. Some company
officials also noted that loading or unloading could be delayed if the
driver is not familiar with either the shipper's facilities or its
loading and unloading procedures. Two other factors cited by officials
include shipping facility staff calling in sick and leaving the
facility short of staff, and a breakdown in loading or unloading
equipment, which can have a cascading effect on the facility's
schedule.
Shippers may implement practices to reduce detention time at their
facilities. Some shippers have established appointment systems, which
allow the facility to better manage available bays, staff, and loading
equipment. For example, one facility we visited schedules carriers to
arrive every 30 minutes, with a goal of having the carrier either
loaded or unloaded within 90 minutes. If a carrier misses an
appointment, the facility will unload that carrier whenever possible,
but will not bump another carrier that makes the scheduled appointment
time. Another practice to reduce detention time is to use technology,
such as improved communication and vehicle inspection technology, to
improve the process. For example, some seaport terminal operators have
installed video cameras at the gate to speed up the process for
inspecting the cargo containers as trucks enter the facility. This
practice reduces the wait time at the facility's front gate.
Detention Time Can Result in Reduced Driving Time and Lost Revenue:
Detention Time Can Impact the Ability of Drivers to Make Scheduled
Deliveries within the Hours of Service Requirements:
Detention time can impact drivers' ability to make scheduled
deliveries within the hours of service requirements by putting drivers
behind schedule and reducing available driving time. For those drivers
that reported previously experiencing detention time, 80 percent
reported that detention time reduced their available driving time. For
example, some drivers noted that since the federal hours of service
regulations allow them a "driving window" of no more than 14
consecutive hours--limited to 11 hours of driving time--detention time
can significantly reduce the available driving window and driving
time. Therefore, if a driver experiences 6 hours of detention time,
that driver can only drive for 8 hours, at most, before being required
to rest for 10 hours. Some drivers noted that this could delay their
next scheduled delivery and, in some cases, result in the receiver
charging the driver a late delivery fee. According to industry
representatives, drivers who experience detention time and lose
available duty and driving time may sometimes be faced with a choice
of not making their scheduled delivery time, violating the speed
limit, or violating the hours of service requirements to make up for
lost time.
Detention time can in some cases lead drivers to operate their
vehicles beyond the hours of service requirements and improperly log
duty time in order to make scheduled deliveries on time. When asked
how detention time impacts them, about 4 percent of drivers responded
they have driven beyond the hours of service limits and misrepresented
their hours in their log books. Although we did not specifically ask
the question during the structured interviews, a number of drivers we
spoke with stated they kept multiple log books in order to disguise
incidents where they violate hours of service requirements due to
detention time.
Detention Time Can Result in Lost Revenue, Particularly for
Independent Owner Operators:
Detention time can also result in lost revenue for drivers, as well as
carrier companies. Based on our structured interviews, of those
drivers that reported previously experiencing detention time, 65
percent reported that detention time had caused them to lose pay.
According to industry representatives, the lost revenue can result
from either missing an opportunity to secure another load or having to
pay late fees to the receiver. Detention time has a greater potential
to result in lost revenue for independent owner operators than drivers
employed by carrier companies. In general, drivers that are employed
by private companies are paid by the hour. Owner operators--including
owner operators that are leased to carrier companies--are typically
paid by the number of miles driven or by the number of loads
delivered. Because the typical owner operator's pay structure is based
on actual driving time, these drivers do not get paid for time spent
waiting to load or unload. In fact, drivers have an adage that says
"when the wheels ain't turning, you're not earning."
Carrier companies have some ability to mitigate the economic effects
of detention time through a variety of means, such as charging
detention fees to shippers, developing relationships with customers,
using efficient loading and unloading operations, and no longer
providing service to customers with persistent detention time.
[Footnote 31]
* First, according to vehicle safety association officials, larger
carrier companies have the leverage to include detention fee clauses
in their contracts with shippers. For example, a number of carrier
companies we talked with charged detention time fees to the shippers
for any time over 2 hours that their vehicle was at the facility. The
detention time fee varied based on the specific contract; examples
provided to us ranged from $40 to $80 per hour. Based on our
structured interviews, 53 percent of drivers that reported previously
experiencing detention time reported that their company collected
detention fees. However, according to some carrier officials, not all
carriers collect detention fees, even if provided for in the contract,
due to their reluctance to charge their customers, particularly their
larger customers with whom they conduct significant business. One
carrier official explained that detention time is simply a cost of
doing business in today's freight environment. In addition, collecting
detention time fees can sometimes be challenging if the shipper does
not agree with the amount of detention time that occurred. For
example, during a 3-month time period, one carrier billed over $4,300
in detention time fees but received less than $500.
* Second, some carriers work closely with their customers to reduce
detention time. According to industry representatives, some carriers
develop relationships with shippers and receivers as they make routine
visits to their facilities and establish a familiarity with the
process. For example, according to one motor carrier company, its work
with customers to track and measure detention time information has, in
many situations, resulted in some decrease in detention time.
* Third, some carriers use a more efficient loading and unloading
operation called the "drop and hook" method, which limits detention
time. Drop and hook operations prevent the driver from having to wait
for a trailer to be loaded or unloaded at the shipper's facility. The
driver will arrive at the facility with an empty trailer, drop off the
empty trailer, and hook up the loaded trailer. The shipper will load
the cargo into the trailer prior to the scheduled pick-up time.
According to company officials and industry researchers we spoke to,
the drop and hook method does reduce detention time. However,
according to carrier officials, drop and hook requires the carrier to
invest in additional trailers. For example, one carrier that used the
drop and hook method had 1.5 trailers for each tractor, resulting in
additional costs to purchase and maintain the trailers.
* Finally, some motor carrier officials stated that if they experience
significant occurrences of detention time at a particular facility,
the carrier could stop providing transportation services for that
client if it had sufficient business with other shippers.
In addition, some larger carrier companies are better able to handle
logistical challenges that could result from detention time. For
example, a carrier may have one of its vehicles held up because of
detention time; however, a larger carrier can adjust the schedule of
other vehicles to ensure the carrier is able to meet its commitments,
therefore limiting the impact of the detention time. Smaller carrier
companies or independent owner operators with only a few vehicles may
not be able to react in a similar manner.
According to industry representatives, independent owner operators
have limited ability to mitigate the economic effects of detention
time. For example, some industry representatives stated that since
independent owner operators that do not lease on a regular basis to
carrier companies generally use intermediaries to arrange for cargo,
those operators do not have established contracts with shippers and
thus have less leverage to charge detention time fees. Depending on
their contractual arrangements, independent owner operators that are
leased by a large carrier also may not receive detention time fees,
even if the motor carrier charges and collects those fees. In
addition, even if an independent owner operator that is leased by a
motor carrier receives detention fees from the motor carrier, the fees
may not fully compensate the driver for the detention time. That is
because detention time compensation typically falls short of the
amount of compensation that drivers would receive when they are
actually driving since most of their compensation is based on miles
driven. Finally, according to an industry representative, some carrier
companies opt to send drivers from leased independent owner operators--
who, unlike some carrier companies' own drivers, are not paid by the
hour--to facilities that frequently cause detention time. In so doing,
the motor carrier does not have to pay the driver for the time spent
waiting to load and unload.
Furthermore, in some cases, independent owner operators do not
transport cargo to the same facilities as frequently as carrier
companies, which limits a driver's familiarly with the procedures of
specific facilities and could lead to detention time. For example,
according to one warehouse representative we talked with, the drivers
that encounter the most detention time are associated with independent
owner operators that are not familiar with the requirements and rules
of the facility, which includes not having the proper paper work,
enough fuel for their refrigerated trailer, or the trailer is not in
the proper condition. That representative's facility will not check in
trucks that do not meet these core requirements. Finally, independent
owner operators generally do not have the financial resources to
purchase additional trailers to take advantage of the drop and hook
method or to simply absorb the costs of detention time.
Additional Information on Factors Contributing to Hours of Service
Violations Could Help FMCSA Determine the Impact of Detention Time on
These Violations:
Although FMCSA collects data from roadside inspections, which provides
information on the number of hours of service violations, the agency
currently does not collect--nor is it required to collect--information
to assess the extent to which detention time contributed to these
violations.[Footnote 32] In 2009, FMCSA and state officials conducted
over 3.5 million roadside inspections of interstate and intrastate
motor carriers and almost 6 percent of these inspections resulted in
at least one out-of-service violation.[Footnote 33] As shown in table
1, according to FMCSA data, hours of service violations were among the
top 10 cited out-of-service violations. Specifically, violations of
all three types of hours of service requirements--the 14-hour "driving
window" rule, 11-hour driving rule, and 60/70-hour weekly on-duty
rule--ranked in the 10 most frequently cited types of violations.
Further, according to FMCSA officials, 14-hour rule violations were
the most common out-of-service violations from U.S. roadside
inspections in 2009, as well as in 2007 and 2008. FMCSA officials
stated that 14-hour rule violations are straightforward and easier to
detect during roadside inspections compared to other types of
violations, which partially explains the more common occurrence of
this type of violation. While FMCSA does not collect information on
what factors contribute to hours of service violations, officials and
industry representatives stated that detention time could be one of
many such factors. Other factors could include a driver needing to
leave the property of a facility and drive to a parking or rest area a
number of miles away, having already used up the available driving
hours for that day.
Table 1: Top 10 Driver Out-of-Service Violations from U.S. Roadside
Inspections in 2009:
Violation: 1. 14-hour rule violation;
Percentage of out-of-service violations: 15.4%.
Violation: 2. No driver's record of duty status;
Percentage of out-of-service violations: 13.3%.
Violation: 3. False report of driver's record of duty status;
Percentage of out-of-service violations: 13.2%.
Violation: 4. Driver failing to retain previous 7 days' logs;
Percentage of out-of-service violations: 12.5%.
Violation: 5. 11-hour rule violation;
Percentage of out-of-service violations: 9.2%.
Violation: 6. Operating a commercial motor vehicle without a
commercial driver's license;
Percentage of out-of-service violations: 6.0%.
Violation: 7. Not licensed for vehicle type being operated;
Percentage of out-of-service violations: 5.5%.
Violation: 8. Local laws (general);
Percentage of out-of-service violations: 4.7%.
Violation: 9. Driving a commercial motor vehicle while disqualified;
Percentage of out-of-service violations: 4.0%.
Violation: 10. 60/70-hour rule violation;
Percentage of out-of-service violations: 2.6%.
Source: Federal Motor Carrier Safety Administration Motor Carrier
Management Information System.
Notes:
Roadside inspections are based on inspection levels I, II, III, and VI.
2009 data as of December 18, 2009, snapshot.
These data include violations from both interstate and intrastate
carriers. According to FMCSA, most of the states have adopted FMCSA
regulations under state law, which would then capture intrastate
carriers. Also, many of the states require intrastate carriers to
acquire United States DOT numbers, and are thus captured in the Motor
Carrier Management Information System.
[End of table]
Because FMCSA does not currently collect and analyze data on the
factors that contribute to hours of service violations, its ability to
assess the impact of detention time on hours of service violations,
which may affect driver safety, is limited. Agency officials stated
that, while FMCSA does not identify the factors that contribute to out-
of-service violations, including hours of service violations, during
roadside inspections, inspectors may acquire some information on these
factors during compliance reviews. However, agency officials also
stated they do not currently have other data that would help them
determine either how often detention time occurs or how often
detention time contributes to drivers violating hours of service
requirements. For example, driver log data that FMCSA reviews during
inspections--either in hard copy or electronically--do not include or
identify detention time. While drivers are not required to
specifically note detention time in their log books, they must note
the time they arrived and departed a facility. However, if the driver
did experience some detention time with the recorded time at the
facility, it does not necessarily mean that it was a contributing
factor to a violation in hours of service. To make that determination,
an inspector would have to ask the driver what happened. As a result,
it may be difficult to link hours of service violations to detention
time based solely on log book data.
To date, research conducted by FMCSA has not specifically included
efforts to determine the extent to which detention time occurs.
Instead, FMCSA research has focused on an overview of freight
movement, including identifying inefficiencies in freight
transportation and evaluating safety and productivity improvements.
For example, FMCSA's Motor Carrier Efficiency Study,[Footnote 34] a
2007 Annual Report to Congress, examined the application of wireless
technology to improve the safety and efficiency of trucking operations
in the United States.[Footnote 35] The analysis estimated that the
motor carrier industry incurs financial losses in the tens of billions
of dollars per year because of operating inefficiencies, and noted
that "time loading and unloading" was the most costly inefficiency
identified[Footnote 36] by motor carriers. While "time loading and
unloading" is a key determination for whether detention time has
occurred, the study does not specifically address instances of
detention time or differentiate between expected time loading and
unloading, and detention time.[Footnote 37] Also, FMCSA has conducted
research on hours of service and driver fatigue with many studies
completed, ongoing, or planned for the future. For example, FMCSA
recently completed a study examining whether additional sleep would
more effectively restore driver performance compared to the current 34-
hour restart provision.[Footnote 38] In addition, FMCSA officials
noted that the agency has several ongoing hours of service studies.
Although FMCSA does not currently have data on detention time, the
agency plans to conduct three studies addressing driver fatigue,
driver compensation, and detention time. First, agency officials
stated that a driver fatigue study is planned for July 2011. FMCSA
officials stated that as part of this study, they plan to conduct an
annual driver survey on driver fatigue to obtain an understanding of
the impact of changes in the commercial driver workforce to ensure
safety and well-being of its members.[Footnote 39] The results will be
used to develop and evaluate rules, regulations, policies, and
enforcement activities for the motor carrier industry. However, while
FMCSA has developed a problem statement, it has yet to finalize the
details on this study's scope and methodology. Second, FMCSA plans to
conduct a study examining the impact of driver compensation, such as
pay per mile, on driver safety.[Footnote 40] Finally, FMCSA has
requested funding for a study on detention time, which it plans to
conduct in 2012. While FMCSA officials said they plan to survey
drivers on the amount of time they wait to load or unload shipments,
FMCSA has to date only developed a problem statement. The purpose of
the study will be to better understand the nature of the problem of
detention or waiting time in the industry. Agency officials stated the
study will also identify any changes in current regulations that would
reduce driver wait times. In addition, officials stated they will use
the prior two studies to develop the detention time study's scope or
methodology. Therefore, it is not clear whether the detention time
study will address, among other things, the extent to which detention
time contributes to drivers violating hours of service requirements.
In addition to FMCSA's planned studies on detention time, collecting
information on the factors that contribute to detention time through
driver and vehicle inspections or other means could help FMCSA
determine whether detention time is a significant factor in
contributing to drivers violating hours of service requirements and,
consequently, whether additional federal action by DOT or Congress
might be warranted to mitigate detention time as a potential safety
issue. For example, FMCSA could collect this type of information
through level IV special inspections, which are typically one-time
examinations based on an existing or potential problem and
administered for data collection purposes--such as investigating
defects in brakes or intermodal equipment--typically conducted in
support of a study or to verify or refute a suspected trend. In 2009,
FMCSA conducted over 16,500 level IV special roadside inspections in
the United States. According to agency officials, level IV inspections
are effectively level I standard inspections plus some additional
questions for data collection, and the actual work and resources
remain the same. These types of inspections can be administered in a
designated period of time, such as a 3-day period when many
inspections would be scheduled to occur. In addition, FMCSA could use
a study-specific data collection form to acquire information on
factors contributing to hours of service violations during
inspections, similar to the methodology used in an unpublished FHWA
study examining the violation of hours of service requirements in
relation to the origin of the load.[Footnote 41] The study used an
inspection form and a data collection form to acquire additional
information outside of the standard inspection.[Footnote 42] Hours of
service requirements are designed to ensure that truck drivers get the
necessary rest to perform safe operations, to help continue the
downward trend in commercial motor vehicle fatalities, and to maintain
motor carrier operational efficiencies. All three goals further
FMCSA's primary mission to prevent fatalities and injuries involving
commercial motor vehicles. Therefore, information on the factors that
contribute to hours of service violations could help FMCSA in
developing any future policy, rules, regulations, or programs to
improve commercial vehicle safety.
Any federal action to address issues associated with detention time
beyond hours of service requirements would require careful
consideration. Since there is no current federal regulation of
detention time, any potential federal action would need to be based on
a full understanding of the complexities of the industry. For example,
a standard definition of detention time would need to be established.
However, as we have shown, there are often disagreements between
shippers and carriers regarding how much detention time occurred in a
particular case, so finding a commonly agreed to definition in the
industry could be challenging. It would also need to be decided which
stakeholders any new federal action would target since there is a wide
variety of stakeholders involved. Finally, the federal government
would need to evaluate whether any unintended consequences may flow
from a new federal action, and if so, how to avoid or mitigate those
consequences.
Conclusions:
Detention time is a complex issue involving many stakeholders. While
it is not uncommon for drivers to experience detention time, there are
no data available that can provide any definitive information on how
often it occurs, how long detention time lasts, or what types of
carriers or facilities experience the most detention time. In fact,
detention time can be difficult to measure as there are different
interpretations of what constitutes detention time. Detention time can
be caused not by one predominant factor, but instead by a wide variety
of factors, primarily related to facility operations. Furthermore,
some detention time likely results because shippers' decisions affect
the extent of detention time, but the costs of detention time are
largely born by truckers. While detention time can have an economic
impact on drivers and carrier companies, the current federal role in
the industry focuses on safety--including hours of service
requirements--rather than economic regulation. FMCSA's plans to look
at detention time in upcoming studies may shed further light on the
contributing factors and extent of detention time, but the agency is
still in the initial planning stages and has not determined the scope
of these studies. Without information on the extent to which detention
time occurs and the extent to which detention time contributes to
hours of service violations, FMCSA may not have key information to
help reduce these types of violations.
Recommendations for Executive Action:
To support the primary mission of FMCSA in improving the safety of
commercial motor vehicles, we recommend the Secretary of DOT direct
the Administrator of FMCSA to examine the extent to which detention
time contributes to drivers violating hours of service requirements in
its future studies on driver fatigue and detention time, and through
data collected from its driver and vehicle inspections.
Agency Comments and Our Evaluation:
We provided a draft of this report to DOT for review and comment. DOT
officials provided technical comments which we incorporated into the
report, as appropriate.
As agreed with your office, unless you publicly announce the contents
of this report earlier, we plan no further distribution until 30 days
from the report date. The report also will be available at no charge
on the GAO Web site at [hyperlink, http://www.gao.gov].
If you or your staff have any questions about this report, please
contact me at (202) 512-2834 or flemings@gao.gov. Contact points for
our Offices of Congressional Relations and Public Affairs may be found
on the last page of this report. GAO staff who made major
contributions to this report are listed in appendix V.
Signed by:
Susan A. Fleming:
Director, Physical Infrastructure Issues:
[End of section]
Appendix I: Objectives, Scope, and Methodology:
To determine how regularly truck drivers experience detention time,
the factors that contribute to detention time, and how detention time
affects the interstate commercial motor carrier industry, we reviewed
hours of service regulations, legislation related to the regulation of
the trucking industry, and relevant Federal Motor Carrier Safety
Administration (FMCSA) regulations; agency reports such as motor
carrier efficiency studies; Federal Highway Administration (FHWA)
freight facts and figures; and an Office of Motor Carriers study on
trucking operations and hours of service. We also reviewed information
about the trucking industry and driver safety overviews such as
trucking logistics overviews, and background information on warehouse
and distribution centers. To capture the various perspectives of the
diverse trucking industry, we interviewed officials and
representatives from FMCSA and FHWA, port authorities, carrier
companies, trucking associations, manufacturing associations,
warehouse facilities, and research firms. To conduct these interviews,
we contacted officials and representatives across the country by
phone, and we conducted site visits to Chicago, Illinois; Newark, New
Jersey; and Port Arthur, Texas.
In addition, we conducted structured interviews with truck drivers to
gain a general understanding of (1) the frequency truck drivers
experience detention time, (2) what truck drivers perceive to be the
factors that contribute to detention time, and (3) how detention time
affects them. After initially developing, reviewing, and modifying the
interview questions, we conducted two pretests with truck drivers at
truck stops in North Bend, Washington, and Baltimore, Maryland. The
two pretests were conducted by GAO team members who approached
respondents asking if they would like to answer a short questionnaire
on detention time. The GAO team members asked the respondents the
structured questions and noted any questions, comments, and lack of
clarity to the questions on the part of the pretest respondents. The
final changes made to the structured interview questions were made on
the basis of observations from the pretests. A copy of the structured
interview questions and results of the closed-ended questions are
included in appendix II.
The targeted population for the structured interviews was truck
drivers. We conducted the interviews at four truck stops: Baytown,
Texas; Ashland, Virginia; Walcott, Iowa; and North Bend, Washington.
We chose these sites to obtain geographic dispersion and based on
input from industry stakeholders. The GAO team members stationed
themselves on-site where the highest volume of drivers was located,
such as the front entrance. The GAO team members self-selected the
respondents and therefore the results from this nongeneralizable
sample cannot be used to make inferences about the population. Of the
549 truck drivers approached, 247 drivers declined to be interviewed,
yielding a 55 percent response rate. Of the 302 truck drivers we
interviewed, 230 identified themselves as only long-haul drivers, 21
drivers identified themselves as only short-haul drivers, 40
identified themselves as providing both long-and short-haul service,
and 11 drivers did not provide a response.
The structured interview of truck drivers contained a mixture of
closed-ended and open-ended questions. In order to analyze drivers'
verbal responses to the open-ended questions, two analysts
independently coded the responses and resolved any discrepancies in
the categorization.
To determine what federal actions, if any, could be taken to address
the issues associated with detention time, we reviewed existing
research and studies conducted by the Department of Transportation,
such as FMCSA's Motor Carrier Efficiency Study and FHWA's report that
provided an overview of the volume and value of freight flows in the
United States. Further, we reviewed FMCSA's plans for future research
studies on detention time, driver fatigue, and driver compensation. In
addition, we reviewed hours of service requirements; documentation on
FMCSA's enforcement of safety regulations, such as the types of driver
and vehicle inspections; relevant laws and regulations related to the
federal government's role in the trucking industry, such as the Motor
Carrier Act of 1935,[Footnote 43] the Motor Carrier Act of 1980,
[Footnote 44] and the ICC Termination Act of 1995[Footnote 45]; and
other relevant trucking industry requirements and rules, such as 49
C.F.R. part 395, and the electronic on-board recorder rule.[Footnote
46] Furthermore, we relied on FMCSA North American Free Trade
Agreement Safety Statistics on out-of-service violations from roadside
inspections for information on the number of hours of service
violations. We did not independently verify those statistics since we
reported them for contextual purposes, and they do not materially
affect our findings. As such, we did not conduct a data reliability
assessment of these data. Finally, we interviewed officials and
representatives from FMCSA and FHWA, port authorities, carrier
companies, trucking associations, manufacturing associations,
warehouse facilities, and research firms to get their perspective on
potential federal actions that could be taken to address detention
time issues.
[End of section]
Appendix II: Truck Driver Structured Interview Questions and Results
for Closed-Ended Questions:
1. When was the last time you experienced detention time? Was it:
In the last 7 days: 51.0% (154);
In the last 7 days: In the last 2 weeks; 7.9% (24);
In the last 7 days: In the last month; 8.6% (26);
In the last 7 days: More than 1 month ago; 10.6% (32);
In the last 7 days: Does not experience detention time; 21.9% (66).
2. Did you collect detention fees?
Yes; 35.3% (83);
No; 62.6% (147);
Sometimes; 2.1% (5).
3. Does the company you work for collect detention fees?
Yes; 53.4% (125);
No; 18.4% (43);
Sometimes; 2.1% (5);
Don't know; 26.1% (61).
4. During your last detention time, how long did you wait from gate to
gate?
5. Did you have any wait time before you got to the gate?
Yes; 21.2% (49);
No; 78.8% (182).
6. If so, what were the reasons for the wait time before you got to
the gate?
7. Did you have an appointment time?
Yes; 79.5% (186);
No; 20.5% (48).
8. For the last time you experienced detention time, what was the
reason?
9. For the last time you experienced detention time, how did the
detention time impact you, if at all?
10. What type of freight were you hauling?
11. What type of facility were you delivering to or picking up freight
from?
12. In general, does detention time impact your ability to meet
federal hours of service requirements?
Yes; 87.2% (204);
No; 12.8% (30).
13. If yes, in what way does it impact?
14. Besides the reason you mentioned previously, are there other
reasons for why you have experienced detention time in the past?
15. Besides the impacts you mentioned, has detention time impacted you
in other ways in the past?
16. Are you an owner operator, an owner operator leased, or a company
driver?
Owner operator; 30.4% (89);
Owner operator leased; 10.2% (30);
Company driver; 59.0% (173).
17. Are you paid according to your mileage or by a percentage, hourly,
or by some other method?
Mileage; 64.7% (189);
Percentage; 25.7% (75);
Hourly; 2.7% (8);
Other; 6.8% (20).
18. Are you a long-haul or short-haul driver?
Long haul; 79.0% (230);
Short haul; 7.2% (21);
Both long haul and short haul; 13.7% (40).
19. Are you an individual or team driver?
Individual; 88.0% (257);
Team; 11.3% (33);
Both individual and team; 0.7% (2).
[End of section]
Appendix III: Example of a Driver Log Book:
Figure 4: Components of a Sample Driver Log Book:
[Refer to PDF for image: illustration]
U.S. Department Of Transportation:
Driver's Daily Log: (One Calendar Day - 24 Hours):
Original: Submit to carrier within 13 days;
Duplicate: Driver retains possession for eight days.
Date: (Month) (Day) (Year):
Total Miles Driving Today:
Vehicle Numbers - (Show Each Unit):
Name Of Carrier Or Carriers:
I certify these entries are true and correct:
Driver‘s signature/certification:
Main office address:
Name Of Co-Driver:
24-hour period starting time:
1. Off Duty: Hours:
2. Sleeper Berth: Hours:
3. Driving: Hours:
4. On Duty (Not Driving): Hours:
Remarks:
Total hours:
Pro shipping No.: Shipping document number(s) or name of shipper and
commodity.
Source: Federal Motor Carrier Safety Administration.
[End of figure]
According to FMCSA, the regulations do not say what a log form must
look like. However, it must include a 24-hour graph grid, in
accordance with regulations, and the following information on each
page, according to the agency:
* Date: Drivers must write down the month, day, and year for the
beginning of each 24-hour period. (Multiple consecutive days off duty
may be combined on one log page, with an explanation in the
"Remarks."):
* Total miles driving today: Drivers must write down the total number
of miles driven during the 24-hour period.
* Motor coach/bus number: Drivers must write down either the vehicle
number(s) assigned by their company, or the license number and
licensing state for each truck (and trailer, if any) driven during the
24-hour period.
* Name of carrier: Drivers must write down the name of the motor
carrier(s) they are working for. If drivers work for more than one
carrier in a 24-hour period, they must list the times they started and
finished work for each carrier.
* Main office address: Drivers must write down their carrier's main
office address.
* Signature: Drivers must certify that all of their entries are true
and correct by signing their log with their legal name or name of
record.
* Name of co-driver: Drivers must write down the name of their co-
driver, if they have one.
* Time base to be used: Drivers must use the time zone in effect at
their home terminal. Even if they cross other time zones, they must
record time as it is at their terminal. All drivers operating out of
their home terminal must use the same starting time for the 24-hour
period, as designated by their employer.
* Total hours: Drivers must add and write down the total hours for
each duty status at the right side of the grid. The total of the
entries must equal 24 hours (unless you are using one page to reflect
several consecutive days off duty).
* Remarks: This is the area where drivers must list the city, town, or
village, and state abbreviation when a change of duty status occurs.
Drivers should also explain any unusual circumstances or log entries
that may be unclear when reviewed later, such as encountering adverse
driving conditions.
* Shipping document number(s), or name of shipper and commodity: For
each shipment, drivers must write down a shipping document number
(such as a charter order or a bus bill) or the name of the shipper and
what they are hauling.
[End of section]
Appendix IV: North American Standard Driver and Vehicle Inspection
Levels:
Level: I;
Type: North American Standard inspection;
Description: An inspection that includes examination of driver's
license; medical examiner's certificate and waiver, if applicable;
alcohol and drugs; driver's record of duty status as required; hours
of service; seat belt; vehicle inspection report; brake system;
coupling devices; exhaust system; frame; fuel system; turn signals;
brake lamps; tail lamps; head lamps; lamps on projecting loads; safe
loading; steering mechanism; suspension tires; van and open-top
trailer bodies; wheels and rims; windshield wipers; and emergency
exits on buses and hazardous materials requirements, as applicable.
Level: II;
Type: Walk-around driver/vehicle inspection;
Description: An examination that includes each of the items specified
under the North American Standard Inspection. As a minimum, level II
inspections must include examination of: driver's license; medical
examinees certificate and waiver, if applicable; alcohol and drugs;
driver's record of duty status as required; hours of service; seat
belt; vehicle inspection report; brake system; coupling devices;
exhaust system; frame; fuel system; turn signals; brake lamps; tail
lamps; head lamps; lamps on projecting loads; safe loading; steering
mechanism; suspension; tires; van and open-top trailer bodies; wheels
and rims; windshield wipers; emergency exits on buses; and hazardous
materials requirements, as applicable. It is contemplated that the
walk-around driver/vehicle inspection will include only those items
that can be inspected without physically getting under the vehicle.
Level: III;
Type: Driver-only inspection;
Description: A roadside examination of the driver's license, medical
certification and waiver, if applicable; driver's record of duty
status as required; hours of service; seat belt; vehicle inspection
report; and hazardous materials requirement, as applicable.
Level: IV;
Type: Special inspections;
Description: Inspections under this heading typically include a one-
time examination of a particular item. These examinations are normally
made in support of a study or to verify or refute a suspected trend.
Level: V;
Type: Vehicle-only inspection;
Description: An inspection that includes each of the vehicle
inspection items specified under the North American Standard
Inspection (level I), without a driver present, conducted at any
location.
Level: VI;
Type: Enhanced North American standard inspection for radioactive
shipments;
Description: An inspection for select radiological shipments, which
include inspection procedures, enhancements to the level I inspection,
radiological requirements, and the enhanced out-of-service criteria.
Select radiological shipments include only highway route controlled
quantities as defined by title 49 section 173.403 and all transuranics.
Source: Federal Motor Carrier Safety Administration.
[End of table]
[End of section]
Appendix V: GAO Contact and Staff Acknowledgments:
GAO Contact:
Susan Fleming, (202) 512-2834 or flemings@gao.gov:
Staff Acknowledgments:
In addition to the name above, key contributors to this report were
Sara Vermillion (Assistant Director), Amy Abramowitz, Richard Bulman,
Lauren Calhoun, Delwen Jones, Sara Ann Moessbauer, Joshua Ormond, Tim
Schindler, Elizabeth Wood, and Adam Yu.
[End of section]
Footnotes:
[1] While there is no standard definition, detention time is commonly
defined by the industry as any time drivers have to wait beyond 2
hours, which is the average time it takes to load or unload their
cargo.
[2] The study's methodology included a literature review, industry
stakeholder outreach sessions, and follow-up industry interviews. The
study did not cite any data used to estimate the $4 billion potential
gain. The estimated $4 billion includes the waiting time loading and
unloading, and waiting in ports. Motor Carrier Efficiency Study Phase
I, Federal Motor Carrier Safety Administration, Washington D.C.,
February 2009.
[3] 49 C.F.R. part 395. Hours of service regulations apply to
interstate truck drivers.
[4] The Federal Motor Carrier Safety Administration was formerly a
part of the Federal Highway Administration.
[5] There are 737,000 interstate motor carriers that have active DOT
numbers, but out of these motor carriers, only 505,000 motor carriers
have had any activity within the last 3 years. FMCSA officials stated
they are starting to use the lower numbers for public information.
[6] For example, dry trailers can carry cargo ranging from electronic
products to dry food products. Tanker trailers are more limited in
that a tanker that carries milk will not carry gasoline.
[7] FMCSA was established in 2000 pursuant to the Motor Carrier Safety
Improvement Act of 1999. Pub. L. No. 106-159, § 101, 113 Stat. 1748,
1750 (1999).
[8] 49 C.F.R. § 395.3(a)(2). On-duty time means all the time from the
time a driver begins to work or is required to be in readiness to work
until the time the driver is relieved from work and all responsibility
for performing work. See 49 C.F.R. § 395.2 for examples of "on-duty
time." According to FMCSA, any time spent doing something other than
those tasks listed in 49 C.F.R. § 395.2 constitutes off duty time.
[9] 49 C.F.R. § 395.3(a)(1). Driving time means all time spent at
driving controls of commercial motor vehicle in operation. 49 C.F.R. §
395.2. This includes detention time if a driver is in control of the
vehicle.
[10] 49 C.F.R. § 395.3(b). See 49 C.F.R. § 395.1 for exceptions and
exemptions to all duty period limitations.
[11] 49 C.F.R. § 395.3(a)(2).
[12] See definition of "on-duty time." 49 C.F.R. § 395.2.
[13] 49 C.F.R. § 395.3(a)(1).
[14] 49 C.F.R. § 395.3(b).
[15] 49 C.F.R. § 395.3(c)(1), (c)(2).
[16] 49 C.F.R. § 395.3(b)(1).
[17] 49 C.F.R. § 395.3(b)(2).
[18] 49 C.F.R. § 395.3(c).
[19] On December 29, 2010, FMCSA issued a Notice of Proposed
Rulemaking (NPRM) proposing to revise the regulations for hours of
service for drivers of property-carrying commercial motor vehicles. 75
Fed. Reg. 82170 (Dec. 2010). Among other things, the proposed rule
would make seven changes from current requirements, including: (1)
limiting drivers to either 10 or 11 hours of driving time following a
period of at least 10 consecutive hours off duty; (2) limiting the
driving window to 14 hours, while allowing that number to be extended
to 16 hours twice per week; (3) limiting actual duty time within the
driving window to 13 hours; (4) allowing driving only if seven hours
or less have passed since a driver's last off-duty or sleeper-berth
period of at least 30 minutes; (5) retaining the 34-hour restart
provision, subject to certain limits: the restart must include two
periods between midnight and 6 a.m. and could be started no sooner
than 168 hours (7 days) after the beginning of the previously
designated restart; (6) altering the definition of "on duty" to
provide flexibility to team drivers to allow some time spent in the
passenger seat to be logged as "off duty"; and (7) clarifying the
oilfield operations exception language on waiting time. Comments must
be submitted on the proposed rule by February 28, 2011. This NPRM is
in response to a 2008 legal challenge by Public Citizen and other
organizations to the 2008 iteration of the hours of service rules.
Public Citizen v. FMCSA, No. 09-1094 (DC Cir. filed March 9, 2009).
The parties entered into a settlement agreement on October 26, 2009
where they agreed to hold the case in abeyance pending issuance of a
new NPRM on the hours of service regulations promulgated in 2008. In
accordance with the agreement, FMCSA must publish a final rule by July
26, 2011, and according to FMCSA officials, they are on track to issue
the final rule on time.
[20] 49 C.F.R. § 395.2.
[21] 49 C.F.R. § 395.8.
[22] See appendix III for example of a driver log book.
[23] In April 2010, FMCSA issued a new rule that requires interstate
commercial truck and bus companies with serious patterns of hours of
service violations to install electronic on-board recorders in all
their vehicles. Electronic on-board recorders are devices attached to
commercial vehicles that automatically record the location, miles
traveled, and number of hours drivers spend operating the vehicle.
Additionally, the rule allows other compliant carriers to install on-
board recorders to document compliance with hours of service
requirements and updates existing performance standards for on-board
recording devices. 75 Fed. Reg. 17208 (April 2010). According to
FMCSA, nearly 5,700 interstate carriers will use electronic on-board
recorders after the final rule's first year of implementation. The
rule will go into effect on June 1, 2012. FMCSA officials stated they
will soon initiate a rulemaking to consider an electronic on-board
mandate for a broader population of commercial motor carriers.
[24] Inspections are part of the Motor Carrier Safety Assistance
Program (MCSAP), which is a federal grant program that provides
financial assistance to states to reduce the number and severity of
crashes and hazardous materials incidents involving commercial motor
vehicles. The MCSAP also sets forth the conditions for participation
by states and local jurisdictions and promotes the adoption and
uniform enforcement of safety rules, regulations, and standards
compatible with Federal Motor Carrier Safety Regulations and Federal
Hazardous Materials Regulations for both interstate and intrastate
motor carriers and drivers. 49 C.F.R. § 350.101.
[25] See appendix IV for more detailed descriptions of the six levels
of inspections.
[26] Safety audits and compliance reviews also provide education and
outreach opportunities for motor carriers and drivers on safety and
hazardous materials regulations.
[27] GAO asked drivers when the last time was they experienced
detention time.
[28] In our structured interviews, we defined detention time as having
to wait more than 2 hours before truckers could load or unload their
cargo. Despite this definition, 4 truckers considered a wait time of
less than 2 hours to be detention time.
[29] Of the 302 truck drivers we interviewed, 230 identified
themselves as only long-haul drivers, 21 drivers identified themselves
as only short-haul drivers, 40 identified themselves as providing both
long-and short-haul service, and 11 drivers did not provide a response.
[30] Percentages do not add up to 100 because drivers could provide
more than one factor. Percentages are based on the number of drivers
who experienced detention time previously.
[31] If a motor carrier's mitigation efforts reduce detention time for
their drivers, then there could be a corresponding effect on the
drivers' ability to make scheduled deliveries within the hours of
service requirements. For example, less detention time would allow for
greater productivity within the 14-and 11-hour limits; and drivers
would spend more time making deliveries than waiting.
[32] According to FMCSA officials, 90 percent of these inspections are
conducted by state officials.
[33] An out-of-service violation is a violation that must be corrected
before the driver and vehicle resume operation. Federal hours of
service requirements do not apply to intrastate carriers, although
states are required under the Motor Carrier Safety Assistance Program
grant program to adopt hours of service rules that are "compatible"
with federal regulations (49 C.F.R. part 350).
[34] The study conducted a detailed literature review revealing that
motor carrier operations, specifically profitability and safety, are
subject to a broad array of inefficiencies. U.S. Department of
Transportation, Federal Motor Carrier Safety Administration, The Motor
Carrier Efficiency Study: 2007 Annual Report to Congress (Washington,
D.C., March 2009).
[35] The specific objectives of the study include the following: (1)
identify inefficiencies in freight transportation; (2) evaluate safety
and productivity improvements made possible through wireless
technologies; and (3) demonstrate wireless technologies in field tests.
[36] FMCSA reported on other inefficiencies aside from time loading
and unloading, such as: waiting in ports, paperwork delay at borders,
time in weigh stations, incident-related delay, urban routing
problems, management tools, vehicle safety, driver safety, compliance
review inspections, processing capacity at borders, driver turnover,
excessive speed, cargo theft and pilferage, empty intermodal moves,
empty miles, and vehicle maintenance.
[37] DOT has also looked at how other factors, such as congestion,
affect the flow and volume of freight. For example, FHWA produced a
2009 report that provides an overview of the volume and value of
freight flows in the United States. (U.S. Department of
Transportation, Federal Highway Administration, Office of Freight
Management and Operations, Freight Facts and Figures 2009 (Washington,
D.C., November 2009)). The report does not discuss detention time
specifically, but instead reports on traffic congestion and its impact
on freight flow and volume. FHWA officials noted they do not collect
detention time data, and also stated they have no current or planned
studies specific to detention time.
[38] U.S. Department of Transportation, Federal Motor Carrier Safety
Administration, Investigation into Motor Carrier Practices to Achieve
Optimal Commercial Motor Vehicle Driver Performance: Phase I,
(Washington, D.C., December 2010).
[39] FMCSA stated that these annual driver surveys provide a means for
FMCSA to canvass commercial motor vehicle drivers to obtain
demographic information as well as information pertinent to upcoming
rulemakings.
[40] FMCSA officials stated that the driver compensation study will
likely be conducted by the Transportation Research Board and will
largely be a literature review of carrier companies' payment
structures. FMCSA will work with other federal agencies and the
Transportation Research Board to assess the safety implications of
commercial driver compensation and exemptions from overtime pay
requirements in the Fair Labor Standards Act. The study will examine
the process by which changes to the current system could be made.
[41] U.S. Department of Transportation, Federal Highway
Administration, Office of Motor Carrier and Highway Safety, The
Violation of Hours of Service Regulations in Relation to the Origin of
the Load (Washington, D.C., unpublished).
[42] Based on this study's findings, a driver is almost two times as
likely to have an hours of service violation if the load originated
with a broker. Thus, the study suggested that the statistical evidence
showed a direct relationship of broker-oriented loads with violating
hours of service requirements.
[43] Pub. L. No. 74-255, 49 Stat. 543 (1935).
[44] Pub. L. No. 96-296, 94 Stat. 793 (1980).
[45] Pub. L. No. 104-88, 109 Stat. 803 (1995).
[46] 75 Fed. Reg. 17208 (April 2010).
[End of section]
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