TheTrucker.com

Will FMCSA’s latest study of driver detention generate results?

Reading Time: 4 minutes
Will FMCSA’s latest study of driver detention generate results?

When it comes to the topic of driver detention, Ed Nagle, president and CEO of Ohio-based Nagle Companies, is direct when expressing his displeasure with the time his company’s drivers spend waiting at shipping and receiving facilities.

“It’s the biggest waste, and a real problem,” he said. “Right now, two hours of detention time is the standard before additional fees can be charged.”

Detention costs carriers a tremendous amount of revenue — and the shippers and receivers responsible for the inefficient loading/unloading procedures that create the delay are often not interested in addressing the issue, he noted. In addition, the responsible parties are only willing to pay 50% to 70% of the revenue carriers lose while trucks remain idle.

What’s the solution? Nagle believes one step in the right direction is to reduce “free” detention time to one hour rather than the current two.

“The shippers and receivers pay their employees,” he explained. “Why should a carrier be expected to tell its drivers they are unpaid for time on the job?”

Nagle is not alone. The issue of driver detention consistently ranks among the highest frustrations of trucking industry professionals. Many carriers agree the unnecessary time drivers spend waiting at shipping and receiving facilities exposes a major inefficiency.

The Federal Motor Carrier Safety Administration (FMCSA) is studying the issue, focusing on the impact of detention time on highway safety. Based on public comments received by the FMCSA, the problem is deeper than government officials expected.

In August 2023, the FMCSA posted a notice in the Federal Register (Docket No. FMCSA–2023–0172), inviting public comment on a proposed effort to collect data for a report titled “Impact of Driver Detention Time on Safety and Operations.” The FMCSA planned to analyze the data to determine the frequency and severity of the detention and assess the usefulness of existing intelligent transportation systems (ITS) solutions to measure detention time. The notice provided little background information for respondents and garnered a total of 176 comments.

This initial comment period brought into focus several issues related to detention time — enough that the FMCSA organized comments into 11 categories. Based on the various issues identified, it is evident the agency had not anticipated the severity of detention time on the industry.

The FMCSA’s categories are:

  1. The relationship between detention time and driver compensation;
  2. Organizational issues at the shipper/receiver, carrier, and/or broker;
  3. The relationship between detention time and pick-up/delivery appointment times;
  4. Examples of detention time characteristics as experienced by commenters;
  5. The relationship between detention time and hours of service regulations;
  6. The impact of detention time on logistics and the economy;
  7. The impact of detention time on driver welfare;
  8. The impact of detention time on driver and roadway user safety;
  9. Suggestions and support for detention time-related regulations;
  10. Considerations for defining and quantifying detention time and collecting necessary data; and
  11. General support for the study.

In February 2024, the FMCSA once again opened the issue for public comment on the Federal Register. This time, the posting offered background on detention time along with a summary of comments received during the initial comment period. It also highlighted the 11 categories and provided a high-level summary of the concerns of respondents.

The 2024 posting also included an overview of the data collection plan and outlined three primary objectives:

  1. Assess the frequency and severity of driver detention time using data that represents the major segments of the motor carrier industry;
  2. Assess the utility of existing ITS solutions to measure detention time; and
  3. Prepare a final report that summarizes the findings, answers the research questions, and offers strategies to reduce detention time.

In addition, the FMCSA noted that the study would now encompass supply chain efficiency as well as highway safety.

At the close of the comment period on March 19, 143 comments had been received. While FMCSA has not had time to analyze the responses to the most recent comment period, a review of the comments reveals a range of opinions from those involved in the industry.

Numerous comments, assumably from drivers, provided anecdotal evidence of the problems created by detention time, with some offering suggestions on how to address the issue. Others noted that many drivers do not get paid for detention time, citing this as something carriers and shippers/receivers must address, and some claimed the use of ELDs exacerbates the issue. Other commenters — notably a few trucking organizations and insurance companies — simply offered support for the FMCSA’s approach.

Comments from the Truckload Carrier’s Association (TCA) supported the study but highlighted previous studies on the issue and the failure of the FMCSA to act on the findings.

“The FMCSA needs to act accordingly upon their findings, in which they did not do after the 2001 and 2014 detention time studies. While we appreciate the FMCSA’s commitment to further investigating issues related to detention time, we are concerned about potential delays in addressing new issues that may be identified. Given the length of the initial study, we are apprehensive that any new issues that arise may not be promptly explored, potentially leading to significant delays, like the decade-long interval observed in the past,” read a portion of TCA’s comment.

TCA also focused on the need to use technology, such as ELDs, that was not available when previous studies were completed. In addition, the organization noted that the study should include insight on ways to mitigate detention time. Finally, TCA recommended that data obtained from the study be shared openly and transparently with the public — specifically with the motor carriers who are most impacted by the issue of driver detention.

“FMCSA’s recommendations for lowering detention could serve as valuable guidelines for shippers, receivers, carriers, and drivers seeking to minimize delays and improve their operations,” TCA commented.

As for Ed Nagle, when asked how detention time impacted driver safety, his response was simple:

“It makes drivers tired,” he said.

This article originally appeared in the May/June 2024 edition of Truckload Authority, the official publication of the Truckload Carriers Association.

KrisRutherford

Since retiring from a career as an outdoor recreation professional from the State of Arkansas, Kris Rutherford has worked as a freelance writer and, with his wife, owns and publishes a small Northeast Texas newspaper, The Roxton Progress. Kris has worked as a ghostwriter and editor and has authored seven books of his own. He became interested in the trucking industry as a child in the 1970s when his family traveled the interstates twice a year between their home in Maine and their native Texas. He has been a classic country music enthusiast since the age of nine when he developed a special interest in trucking songs.

Avatar for Kris Rutherford
Since retiring from a career as an outdoor recreation professional from the State of Arkansas, Kris Rutherford has worked as a freelance writer and, with his wife, owns and publishes a small Northeast Texas newspaper, The Roxton Progress. Kris has worked as a ghostwriter and editor and has authored seven books of his own. He became interested in the trucking industry as a child in the 1970s when his family traveled the interstates twice a year between their home in Maine and their native Texas. He has been a classic country music enthusiast since the age of nine when he developed a special interest in trucking songs.
For over 30 years, the objective of The Trucker editorial team has been to produce content focused on truck drivers that is relevant, objective and engaging. After reading this article, feel free to leave a comment about this article or the topics covered in this article for the author or the other readers to enjoy. Let them know what you think! We always enjoy hearing from our readers.

4 Comments

Having been a CDL, otr truck driver for 11 years, I refuse to do refer work. Very simply put. I will not wait 4-6 hours to be unloaded at a public’s or win dixie warehouse. It’s a disgrace and an insult to me personally. I will not put up with bs. I go into these warehouses and the people running them are standing around doing nothing. They do not and I restate it, do care one bit about truck drivers. We are the lowest form of worker to the warehouse. I have yelled at these people only to told forget it. We can’t unload you yet. So what do I do. That is a good question. You figure it out.

What’s the solution!? Quit hauling their shit! No one is forcing you. When no one is willing to haul it, things would change. But the lowest form of worker doesn’t understand this. They are entitled. Thus, they expect Uncle Sam to…

COMMENT ON THIS ARTICLE