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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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Last month, the Federal Motor Carrier Safety Administration (FMCSA) issued a request for information concerning commercial motor vehicle (CMV) driver detention times during loading and unloading.

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The request for information follows several studies examining the issue of CMV driver delays during loading and unloading and their impact on roadway safety and the economy. In 2011, the Government Accountability Office recommended 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.”[1] In response, FMCSA sponsored a study “to better understand the nature of detention times in the [CMV] industry,”[2] which found that “drivers experienced detention time during approximately 1 in every 10 stops for an average duration of 1.4 hours” beyond a commercially accepted two-hour period.[3]

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In a more recent report, the U.S. Department of Transportation’s Office of Inspector General recommended that FMCSA “[c]ollaborate with industry stakeholders to develop and implement a plan to collect and analyze reliable, accurate, and representative data on the frequency and severity of driver detention times.”[4] In its request for information, FMCSA identified that there is a critical data gap in its understanding of the detention issue as to the distinction between normal loading and unloading times and detention time. To assist the agency in further evaluating this issue and potential implications for safety, it has requested responses to the following questions:

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Responses to FMCSA’s request for information may be submitted until September 9, 2019.

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Karyn A. Booth 202.263.4108 <a href="mailto:Karyn.Booth@ThompsonHine.com">Karyn.Booth@ThompsonHine.com</a>

Jason D. Tutrone 202.263.4143 <a href="mailto:Jason.Tutrone@ThompsonHine.com">Jason.Tutrone@ThompsonHine.com</a>

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

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[1] “More Could Be Done to Determine Impact of Excessive Loading and Unloading Wait Times on Hours of Service Violations” (GAO–11–198) (January 2011), available at <a href="https://www.gao.gov/assets/320/315297.pdf" target="_blank" rel="noopener">https://www.gao.gov/assets/320/315297.pdf</a>.

[2] “Driver Detention Times in Commercial Motor Vehicle Operations” (December 2014), available at <a href="https://rosap.ntl.bts.gov/view/dot/194/dot_194_DS1.pdf" target="_blank" rel="noopener">https://rosap.ntl.bts.gov/view/dot/194/dot_194_DS1.pdf</a>.

[4] “Estimates Show Commercial Driver Detention Increases Crash Risks and Costs, but Current Data Limit Further Analysis,” DOT Office of Inspector General (January 31, 2018) at 13.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Transportation_Update_-_FMCSA_Seeks_Information_on_CMV_Driver_Detention_Times_During_Loading_and_Unloading.pdf

FMCSA Seeks Information on CMV Driver Detention Times During Loading and Unloading

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