With four months to go until DOT enforces the "Hours of Service" rule, the experts' advice to the supply chain is prepare to comply, or prepare to park it.
Mark Solomon joined DC VELOCITY as senior editor in August 2008, and was promoted to his current position on January 1, 2015. He has spent more than 30 years in the transportation, logistics and supply chain management fields as a journalist and public relations professional. From 1989 to 1994, he worked in Washington as a reporter for the Journal of Commerce, covering the aviation and trucking industries, the Department of Transportation, Congress and the U.S. Supreme Court. Prior to that, he worked for Traffic World for seven years in a similar role. From 1994 to 2008, Mr. Solomon ran Media-Based Solutions, a public relations firm based in Atlanta. He graduated in 1978 with a B.A. in journalism from The American University in Washington, D.C.
If the value of a government regulation is measured by how much its stakeholders hate it, the Federal Motor Carrier Safety Administration's (FMCSA) rule governing a truck driver's hours of service—known simply as "HOS"—is giving U.S. taxpayers maximum bang for their buck.
Carriers loathe the regulations because they cut into their productivity and require more resources to move the same amount of freight they handle now. Shippers fear them because they could be forced to reconfigure their manufacturing and distribution networks if they want to get their goods to market in a timely fashion. Drivers claim the rules curtail their ability to earn a living and force rest upon them when they don't need it. State regulators worry that carriers will put more trucks on the road to offset the productivity losses, straining their enforcement capabilities. Some in Congress argue the rule creates a safety hazard by forcing commercial drivers onto the highways at the same time as millions of morning rush-hour commuters.
Even those who pushed for changes in the nine-year-old statute aren't happy with the revised product. Safety advocacy groups think the new regulations fall short by not reducing the number of hours a driver spends behind the wheel. The Teamsters union, which in theory should favor the rules because they could foster more driver hiring, is unhappy about the various class exemptions—such as those for grape haulers—which it says will put fatigued drivers on the road when they should be resting.
The rules are set, however, and barring court action to block or delay their progress, enforcement begins July 1, 18 months after the rules were crafted and 16 months after they took effect. Late last week, the FMCSA denied a request by various manufacturing, shipper, and carrier groups for a three-month delay in the July 1 enforcement date, saying the groups didn't propose a valid reason for delaying the compliance date and that the public would be denied three months of enhanced safety if their request was granted.
In its December 2011 rules, FMCSA left unchanged a key provision allowing 11 hours of continuous drive time after a driver has spent 10 consecutive hours off duty. But it reduced a driver's seven-day workweek to 70 hours from 82, a 15-percent cut.
For the first time ever, drivers will have limits placed on their traditional 34-hour minimum restart period, requiring it to occur once every seven days and to include two rest periods between 1 a.m. and 5 a.m. over two consecutive days. Drivers are also now mandated to take a 30-minute break before driving more than eight hours.
The pros and cons will be debated March 15 before a federal appeals court in Washington that is all too familiar with the legal squabbles surrounding the case; the FMCSA has been sued over the rules three times in the past decade, and the December rules were a product of an out-of-court settlement mandating a rewrite.
The focus of the March oral arguments will undoubtedly be the controversial 34-hour restart provision. The language is also the subject of an FMCSA field study mandated by last year's transport reauthorization law to determine if the costs of the provision outweigh its purported benefits. The study is to be finished in September, though no one expects the findings to impact the law unless the study arrives at conclusions the agency isn't expecting.
The rule changes will yield $160 million to $280 million of annual "net benefits," according to estimates published on the agency's website. Most of those benefits are expected to be in improved driver wellness and performance. Critics, including the American Trucking Associations, the group representing major for-hire truckers, said the agency based its estimate on a series of concocted and unjustifiable assumptions.
There is concern the two overnight rest periods will force drivers to rest during lightly congested overnight hours when they would normally be on the road. This will result in a commingling of big trucks with millions of morning rush-hour commuters. In addition, drivers' regular work routines will be skewed because they will be forced to stay off the road even if their bodily rhythms don't demand it, according to Todd Spencer, executive director of the Owner-Operator Independent Drivers Association.
"Drivers need flexibility in the hours they have so they can rest when they need to rest," he said. "Fatigue isn't always predictable. Some days, you feel like you need that rest. Some days, you feel that you do not."
SPLIT DECISION
Opponents can take comfort in the FMCSA's uneven history of defending its positions in court. HOS regulations have been delayed before, and they could be delayed again, they reason. But a court suffering from "HOS fatigue" could simply defer to the agency's judgment and decide not to stay the enforcement.
Whichever direction the legal worm turns, it is unlikely a ruling will come sooner than late spring or early summer, according to Thomas E. Bray, HOS expert at J.J. Keller & Associates Inc., a Neenah, Wis.-based consultancy working with carriers to prepare for the changes.
Bray said many carrier clients are taking a wait-and-see approach, refusing to commit time and resources to meet a deadline that may not come to pass. However, should the court refuse to stay the order, then carriers who haven't prepared will have precious little time to ramp up, he warned.
Bray added that those carriers may need to tell shippers their network is no longer capable of moving their freight in the way the shippers are accustomed to. For businesses who maintain low inventories and use trucks to support just-in-time replenishment and distribution, the effect could be severe, he said.
Even those who think the courts may order a delay of some kind believe the time for discussing the topic is over, and the trucking supply chain needs to get busy.
"This is one of those issues that is easy to sit around and complain about, but we're past that," said Derek J. Leathers, president and COO of Omaha, Neb.-based truckload carrier Werner Enterprises. For his part, Leathers expects the rhetoric leading up to the enforcement date to become so heated that it will compel the court to impose a delay.
Measured by capacity reductions, the productivity loss to truckers is expected to be 2 to 3 percent on the low end, and "worse on the high-end," according to Leathers. Michael P. Regan, president of Elmhurst, Ill.-based consultancy TranzAct Technologies, said based on conversations with multiple carriers, he estimates the reduction in miles will run from 7 to 8 percent for tandem drivers, to 9 to 12 percent for solo drivers.
Eric Starks, head of Nashville, Ind.-based consultancy FTR Associates, expects a significant tightening of capacity at least through the rest of the year if enforcement takes effect as scheduled. This will lead to a pricing pop as carriers use driver capacity rationalization— the higher costs of paying existing drivers and finding new ones—to raise freight rates, he predicted. Ironically, the higher prices will benefit all carriers whether they are ready on July 1 or not, Starks said.
Gary Palmer, senior director of transportation for True Value Co., a Chicago-based cooperative that runs a private fleet serving 5,000 company-owned hardware, equipment rental, and lawn and garden stores, is expecting a 3- to 5-percent reduction in his company's route capabilities, and a 2- to 3-percent rise in operating costs.
Palmer said the magnitude of the adjustments will depend on overall economic conditions and the willingness of the stores—which are independently owned and which receive shipments on fixed delivery schedules—to work with the company to reconfigure their routes. So far, some of the storeowners have been cooperative, while others haven't, he said.
The consensus is that the rules will mostly impact truckload drivers operating over long distances. However, less-than-truckload (LTL) carriers will be affected as well, according to Bray.
For example, if an LTL driver operating between hubs or between terminals makes a 2 a.m. delivery on a Monday, finishes the shift at that time and starts the 34-hour clock, the driver would have to wait until after 5 a.m. on Thursday to return to the road, Bray said. That's because the requirement for two consecutive days of rest between 1 and 5 a.m. nullifies the driver's ability to operate on Tuesday and Wednesday, he added.
Donald A. Osterberg, senior vice president of safety and security for Green Bay, Wis.-based truckload and logistics giant Schneider National Inc., predicted that enforcement would begin July 1 as scheduled. "Two months ago, I wouldn't have said that," Osterberg said in an interview in early January.
Osterberg argued the appellate court is "HOS-weary" and will bow to the FMCSA's opinion regarding the best balance between safety and economics. To prepare, Schneider is reconfiguring the routes operated by the portion of its fleet providing dedicated capacity and miles to customers, he said.
In a post-2013 HOS world, Osterberg said, shippers must reframe their service expectations of their carrier partners and accept some friction in the supply chain as a cost of doing business and keeping the roads safe.
"The shipper's view has always been that 'The drivers will figure it out,'" he said. "The belief was that the driver was the elastic link in the supply chain. Well, the driver link is becoming inelastic."
Osterberg said the advent of electronic logging with on-board recorders has reduced the use of paper-based logs, thus making it impossible for drivers to be creative with their trip reports. In addition, the launch of CSA 2010, the FMCSA initiative to identify and winnow out unsafe drivers, holds drivers and their carriers accountable for proper logging and HOS compliance, he said.
The rule's enforcement could also mark a turning point in trucking's role in the supply chain, according to Osterberg.
"Historic levels of service are not achievable or sustainable," he said. "We've trained a generation of supply chain professionals to believe that inventory is bad. It's time to slow the supply chain down, both from a safety and productivity standpoint."
SAFETY FIRST
The paramount concern is the well-being of all who use the nation's highways and roads. Since trucking deregulation in 1980, annual truck-related fatalities—based on miles traveled—have been cut in half, according to National Highway Traffic Safety Administration (NHTSA) data. In 2010, there were 3,484 large trucks involved in fatal crashes, compared with 4,902 in 2004. There were nearly 2.6 million more "large" trucks—those with a gross vehicle weight of more than 10,000 pounds—registered in 2010 than in 2004, NHTSA said.
In 2010, 3,675 Americans were killed in crashes involving large trucks, a 9-percent increase over 2009 fatalities, NHTSA said. The increase came despite NHTSA data showing that 200,000 fewer big trucks were registered in 2010 than in 2009.
Opponents of the new rules contend they go too far to address a problem that is already well on its way to being fixed. Despite occasional upward blips, the long-term trend in truck-related deaths is down, they said.
However, Osterberg said the status quo is far from good enough. "Can we say that because there's been a historical improvement, that 3,675 deaths—or about 10 truck-related fatalities a day—is somehow OK?" he asked. "The numbers are better, but they are not acceptable. It's still too high."
How not to get HOSed
With the clock ticking down to the scheduled July 1 enforcement of the new driver "Hours of Service" rule, shippers and carriers that are acting—or not acting—on the assumption the courts will delay the process could be making a potentially costly wager.
On one hand, there have been delays before, and the decibel level surrounding the current rules could get so loud that the court will stay them again. On the other, courts have been known to stand aside simply because they are tired of hearing the same case time and again. The dispute over driver work hours has repeatedly come before the U.S. Court of Appeals in Washington over the past decade.
The court could take the position that as the government's truck safety experts, the Federal Motor Carrier Safety Administration (FMCSA) has done a thorough job of balancing safety and economic imperatives. The judges may also reason that the industry has been given ample time—16 months since the rule was adopted in February 2012—to adjust.
Experts said it's critical for both sides to drop the hyperbole and hand-wringing about the rules, and start performing a detailed analysis of what their operations will look like in a post-July 1 world. "You need to study the data and simulate where the biggest pain points will be," said Derek J. Leathers, president and CEO of truckload carrier Werner Enterprises Inc.
For Werner, that pain point will be the new requirement that drivers take a 30-minute break before driving more than eight hours. The provision will force many Werner drivers off the road during their trips, potentially causing service delays.
Leathers said the carrier has ramped up its investment in trailers to ensure an abundance of equipment to match with rigs and drivers. In addition, Werner has equipped its fleet with electronic on-board recorders, or EOBRs, devices that monitor a truck's location to ensure a driver's HOS compliance. "Without EOBRs, it would be difficult to get an accurate read" on a driver's status, Leathers said.
Thomas E. Bray, HOS expert at consultancy J.J. Keller & Associates Inc., advised carriers to pull driver logs to determine which drivers have a pattern of behavior that would be at odds with the new rules. Fleet managers should then quantify the impact of the rules on operations and operational capacity, Bray said.
Bray suggested carriers "test drive" an operation benchmarked to the new rules but based on their customers' current distribution patterns. Carriers and shippers can then discuss the impact on the customers' supply chains if there are no operational changes, and what modifications need to be made to ensure the timely delivery of goods after July 1, he said.
If necessary, shippers and carriers should begin looking for additional capacity, no easy task in a market already constrained by the shortage of qualified drivers in some areas. Bray stressed that such capacity needs to be ready to roll on July 1.
Donald A. Osterberg, senior vice president of safety and security at truckload and logistics giant Schneider National Inc., said shippers could significantly aid matters by giving drivers better access to facilities for rest, tendering freight at earlier intervals, and examining possible changes in their own route schedules.
Above all, shippers need to view trucking as a round-the-clock operation, Osterberg said. "You can no longer look at it as being open from 7: 30 a.m. to 5 p.m.," he said. "Trucking today is a 24/7 business."
Supply chain planning (SCP) leaders working on transformation efforts are focused on two major high-impact technology trends, including composite AI and supply chain data governance, according to a study from Gartner, Inc.
"SCP leaders are in the process of developing transformation roadmaps that will prioritize delivering on advanced decision intelligence and automated decision making," Eva Dawkins, Director Analyst in Gartner’s Supply Chain practice, said in a release. "Composite AI, which is the combined application of different AI techniques to improve learning efficiency, will drive the optimization and automation of many planning activities at scale, while supply chain data governance is the foundational key for digital transformation.”
Their pursuit of those roadmaps is often complicated by frequent disruptions and the rapid pace of technological innovation. But Gartner says those leaders can accelerate the realized value of technology investments by facilitating a shift from IT-led to business-led digital leadership, with SCP leaders taking ownership of multidisciplinary teams to advance business operations, channels and products.
“A sound data governance strategy supports advanced technologies, such as composite AI, while also facilitating collaboration throughout the supply chain technology ecosystem,” said Dawkins. “Without attention to data governance, SCP leaders will likely struggle to achieve their expected ROI on key technology investments.”
The British logistics robot vendor Dexory this week said it has raised $80 million in venture funding to support an expansion of its artificial intelligence (AI) powered features, grow its global team, and accelerate the deployment of its autonomous robots.
A “significant focus” continues to be on expanding across the U.S. market, where Dexory is live with customers in seven states and last month opened a U.S. headquarters in Nashville. The Series B will also enhance development and production facilities at its UK headquarters, the firm said.
The “series B” funding round was led by DTCP, with participation from Latitude Ventures, Wave-X and Bootstrap Europe, along with existing investors Atomico, Lakestar, Capnamic, and several angels from the logistics industry. With the close of the round, Dexory has now raised $120 million over the past three years.
Dexory says its product, DexoryView, provides real-time visibility across warehouses of any size through its autonomous mobile robots and AI. The rolling bots use sensor and image data and continuous data collection to perform rapid warehouse scans and create digital twins of warehouse spaces, allowing for optimized performance and future scenario simulations.
Originally announced in September, the move will allow Deutsche Bahn to “fully focus on restructuring the rail infrastructure in Germany and providing climate-friendly passenger and freight transport operations in Germany and Europe,” Werner Gatzer, Chairman of the DB Supervisory Board, said in a release.
For its purchase price, DSV gains an organization with around 72,700 employees at over 1,850 locations. The new owner says it plans to investment around one billion euros in coming years to promote additional growth in German operations. Together, DSV and Schenker will have a combined workforce of approximately 147,000 employees in more than 90 countries, earning pro forma revenue of approximately $43.3 billion (based on 2023 numbers), DSV said.
After removing that unit, Deutsche Bahn retains its core business called the “Systemverbund Bahn,” which includes passenger transport activities in Germany, rail freight activities, operational service units, and railroad infrastructure companies. The DB Group, headquartered in Berlin, employs around 340,000 people.
“We have set clear goals to structurally modernize Deutsche Bahn in the areas of infrastructure, operations and profitability and focus on the core business. The proceeds from the sale will significantly reduce DB’s debt and thus make an important contribution to the financial stability of the DB Group. At the same time, DB Schenker will gain a strong strategic owner in DSV,” Deutsche Bahn CEO Richard Lutz said in a release.
Transportation industry veteran Anne Reinke will become president & CEO of trade group the Intermodal Association of North America (IANA) at the end of the year, stepping into the position from her previous post leading third party logistics (3PL) trade group the Transportation Intermediaries Association (TIA), both organizations said today.
Meanwhile, TIA today announced that insider Christopher Burroughs would fill Reinke’s shoes as president & CEO. Burroughs has been with TIA for 13 years, most recently as its vice president of Government Affairs for the past six years, during which time he oversaw all legislative and regulatory efforts before Congress and the federal agencies.
Before her four years leading TIA, Reinke spent two years as Deputy Assistant Secretary with the U.S. Department of Transportation and 16 years with CSX Corporation.
Serious inland flooding and widespread power outages are likely to sweep across Florida and other Southeast states in coming days with the arrival of Hurricane Helene, which is now predicted to make landfall Thursday evening along Florida’s northwest coast as a major hurricane, according to the National Oceanic and Atmospheric Administration (NOAA).
While the most catastrophic landfall impact is expected in the sparsely-population Big Bend area of Florida, it’s not only sea-front cities that are at risk. Since Helene is an “unusually large storm,” its flooding, rainfall, and high winds won’t be limited only to the Gulf Coast, but are expected to travel hundreds of miles inland, the weather service said. Heavy rainfall is expected to begin in the region even before the storm comes ashore, and the wet conditions will continue to move northward into the southern Appalachians region through Friday, dumping storm total rainfall amounts of up to 18 inches. Specifically, the major flood risk includes the urban areas around Tallahassee, metro Atlanta, and western North Carolina.
In addition to its human toll, the storm could exert serious business impacts, according to the supply chain mapping and monitoring firm Resilinc. Those will be largely triggered by significant flooding, which could halt oil operations, force mandatory evacuations, restrict ports, and disrupt air traffic.
While the storm’s track is currently forecast to miss the critical ports of Miami and New Orleans, it could still hurt operations throughout the Southeast agricultural belt, which produces products like soybeans, cotton, peanuts, corn, and tobacco, according to Everstream Analytics.
That widespread footprint could also hinder supply chain and logistics flows along stretches of interstate highways I-10 and I-75 and on regional rail lines operated by Norfolk Southern and CSX. And Hurricane Helene could also likely impact business operations by unleashing power outages, deep flooding, and wind damage in northern Florida portions of Georgia, Everstream Analytics said.
Before the storm had even touched Florida soil, recovery efforts were already being launched by humanitarian aid group the American Logistics Aid Network (ALAN). In a statement on Wednesday, the group said it is urging residents in the storm's path across the Southeast to heed evacuation notices and safety advisories, and reminding members of the logistics community that their post-storm help could be needed soon. The group will continue to update its Disaster Micro-Site with Hurricane Helene resources and with requests for donated logistics assistance, most of which will start arriving within 24 to 72 hours after the storm’s initial landfall, ALAN said.