Livestock Groups Petition Department of Transportation for Hours of Service Flexibility

Today organizations representing livestock, bee, and fish haulers across the country submitted a petition to the Department of Transportation (DOT) requesting additional flexibility on Hours of Service (HOS) requirements. The petition asks for a five-year exemption from certain HOS requirements for livestock haulers and encourages DOT to work with the livestock industry to implement additional fatigue-management practices.

Current rules limit drive time to 11 hours and limit on-duty hours to 14. Instead, the organizations request that livestock haulers be granted approval to drive up to 15 hours with a 16-hour on-duty period, following a 10-hour consecutive rest period. Any livestock hauler wishing to operate under the extended drive time would be required to complete pre-trip planning and increased fatigue-management training.

“We are concerned that the 11- and 14-hour rules were not drafted with livestock haulers in mind and thus do not accommodate the unique character of their loads and nature of their trips,” the organizations wrote. The current requirements “place the well-being of livestock at risk during transport and impose significant burdens on livestock haulers, particularly in rural communities across the country.”

The strong safety record of livestock haulers demonstrates their ability to ensure the well-being of both live animals and other drivers on the road. A 2014 analysis by the Federal Motor Carrier Safety Administration found that livestock haulers were underrepresented in truck-involved fatal crashes. Data cited in the petition also shows that, between 2013 and 2015, livestock haulers accounted for 6.6 percent of all commercial drivers but less than one percent of crashes involving large trucks.

Australia already implements rules for livestock haulers that focus on safety outcomes, not prescriptive limits. The petition encourages DOT to work with industry to develop and implement similar measures.

The petition was signed by the National Cattlemen’s Beef Association, Livestock Marketing Association, American Farm Bureau Federation, American Beekeeping Federation, American Honey Producers Association, and the National Aquaculture Association.

Source: NCBA Press Release

NCBA Calls for Flexibility on Hours of Service Rules

At a public listening session hosted by the Federal Motor Carrier Safety Administration (FMCSA), the National Cattlemen’s Beef Association (NCBA) today called for additional flexibility on Hours of Service rules for livestock haulers. NCBA President Kevin Kester and Executive Director of Government Affairs Allison Rivera delivered the group’s message at the U.S. Department of Transportation’s headquarters in Washington.

The comments emphasized the need for a regulatory framework that encourages drivers to rest when they are tired. Under the status quo, drivers are incentivized to “push through” fatigue due to overly-restrictive Hours of Service rules.

“The current Hours of Service framework is incompatible with the realities of livestock hauling,” said Kester. “Drivers of our livestock need to be alert and safe, while also cognizant of the welfare of the animals they are hauling. We want them to rest as needed, instead of racing against the clock.”

Current rules require a livestock hauler to rest for 10 consecutive hours once they reach their maximum on-duty drive time of 11 hours. When a driver “runs out of time” while hauling live animals, they are given the grim prospects of unloading the livestock or leaving them on the trailer for a 10-hour stretch. Both options present serious logistical and animal welfare challenges.

NCBA comments encouraged FMCSA to provide livestock haulers with the flexibility of a split sleeper berth program that would allow for shorter rest periods of two or three hours during a trip, until the 10 hours of total rest has been reached. While stopping for a 10-hour period with a load of livestock is rarely feasible, allowing multiple rest periods of two or three hours would enable livestock haulers to get the rest they need while maintaining the health and well-being of animals in their care.

“In the livestock hauling world, common sense flexibility is everything,” said Rivera. “This need for flexibility comes from the fact that livestock haulers not only have to be concerned with the safety of themselves and other drivers on the road, but also the welfare of the live animals they are transporting.”

MSGA Applauds Introduction of Legislation Addressing Hours of Service Changes for Livestock Haulers

The Montana Stockgrowers Association applauded the introduction of the Transporting Livestock Across America Safely (TLAAS) Act, noting this legislation would ensure animal welfare and the safety of livestock haulers. The bill was introduced last week by U.S. Sens. Ben Sasse of Nebraska, Heidi Heitkamp of North Dakota, Jerry Moran of Kansas, John Hoeven of North Dakota, Jon Tester of Montana, Joni Ernst of Iowa, Marco Rubio of Florida, Tina Smith of Minnesota, Pat Roberts of Kansas, Rand Paul of Kentucky and Doug Jones of Alabama. Following the introduction, U.S. Sen. Steve Daines has also signed on as a cosponsor.

“We would like to thank Sens. Tester and Daines for cosponsoring this common-sense piece of legislation. The current Hours of Service rules for livestock haulers present serious challenges for our industry and jeopardize the health and well-being of livestock,” said Bryan Mussard President of the Montana Stockgrowers Association. “This has been a priority of the Association and an issue we have worked on relentlessly.”

Starting Oct. 1, Livestock haulers are scheduled to have to start using Electronic Logging Devices (ELDs) to track their driving times and distances. Under current rules, they would be required to turn on their ELDs after crossing out of the 150-air-mile radius from their loading point, after which they can only drive for 11 hours before taking a mandatory 10-hour break. This 11-hour drive time with mandatory 10-hour rest would mean cattle from Montana would not make it to destinations in Nebraska and Kansas without having a mandatory rest period, this puts the animals at risk.

The TLAAS Act takes into full consideration the fact that there are living and breathing animals on the trailer that must be kept moving, and that they must get to their destination as quickly and as safely as possible.  This bill provides for more drive time for livestock haulers, as well as granting the flexibility for drivers to rest at any point during the trip without the break counting against HOS time. This bill also allows for another 150-air-mile exemption on the back end of a livestock haul to account for the wait time that occurs when unloading live animals.

MSGA met with the U.S. Department of Transportation last year to raise concerns about the effect the ELDs and the Hours of Service will have on animal husbandry. MSGA will continue to follow this legislation as it moves through the process and will work with Montana’s congressional delegation to pass this critical piece of legislation.

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The Montana Stockgrowers Association, a non-profit organization representing nearly 2,500 members, strives to serve, protect and advance the economic, political, environmental and cultural interests of cattle producers, the largest sector of Montana’s number one industry – agriculture.