WASHINGTON — Detention time, a topic that regularly appears in the American Transportation Research Institute’s annual “Top Industry Issues” report is receiving attention at the federal level.
The Federal Motor Carrier Safety Administration (FMCSA) is requesting public comment on the issue of driver retention time. Ultimately, the information collected will be published in an FMCSA report, “Impact of Driver Detention Time on Safety and Operations.” Comments are due March 18, 2024.
According to the Information Collection Request (ICR) posted in the Federal Register on Feb. 16, data through collected through the ICR will relate to the safety and operational impact of detention time, why detention time occurs and potential mitigation strategies that can be used to reduce detention time.
The FMCSA defines detention time as “the extra time CMV operators wait at shipping and receiving facilities due to delays not associated with the loading and unloading of cargo.” It is noted that drivers are often not paid for this extra time. Sometimes called “dwell time,” detention time typically occurs after a driver has spent more than two hours at a facility.
Drivers have long ranked detention time among the top problems in the CMV industry. According to reports from drivers and motor carriers, detention time occurs frequently, resulting in lost revenue for both drivers and trucking companies.
If detention time can be reduced, the FMCSA says, it believes costs for carriers will be cut, pay for drivers will be increased and ability to make deliveries on time will be improved. Likewise, drivers experiencing reduced detention time may drive more safely to reach their destinations while complying with hours-of-service regulations.
In 2014, the FMCSA completed a study on the impact of detention time on CMV safety. Although this study provided valuable initial insights, it had several limitations, according to the Agency. Data collected in the new study will be used to “fill the gaps” left by the 2024 report and will reflect a broader sample of carriers.
The new study will evaluate the impact of driver detention time on safety and CMV operations and will address three primary objectives: (1) assess the frequency and severity of driver detention time using data that represent 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 to shedding light on safety, the data collected may contribute to private sector decisions that will lead to reduced detention time and improvement in safety and efficiency in the CMV industry.
The FMCSA is seeking public comment on any aspect of this information collection, including:
- Whether the proposed collection is necessary for the performance of FMCSA’s functions;
- The accuracy of the estimated burden;
- ways for FMCSA to enhance the quality, usefulness and clarity of the collected information; and
- Ways that the burden could be minimized without reducing the quality of the collected information.
Comments and recommendations on the current ICR can be posted here or emailed to www.reginfo.gov/public/do/PRAMain. The deadline for comment submission is March 18, 2024.
At the time of this writing, six comments had been posted on the Federal Register ICR, including the following messages.
Arctic King Express describes detention time as a “significant challenge” for drivers, noting that it impacts drivers’ compensation, safety and overall well-being.
“We believe that addressing this issue requires a multifaceted approach, including changes to compensation structures, enforcement of regulations, and measures to improve safety,” the comment reads. “We advocate for a fair compensation system for drivers, based on an hourly rate. … Yet, even if this regulation is ultimately enforced, it will mean nothing if the FMCSA doesn’t strictly prohibit brokers from including clauses in carrier-broker contracts that encourage carriers to disregard the detention rule…. Small carriers, lacking leverage in the current market, are almost forced to sign such contracts. … Addressing detention time requires a comprehensive approach that includes fair compensation practices, strict enforcement of regulations, and accurate data collection. By prioritizing driver safety and well-being, we can improve the efficiency and sustainability of the trucking industry for all parties involved.” View the full comment here.
Connor Spies wrote, “Long ‘detention time’ is not the biggest issue facing drivers today. There is little that can be done to prevent delays when hundreds of trucks per day arrive to certain delivery facilities.
However, not having a law that allows owner-operators and other small carriers the right to easily collect a payment for excessive waiting after 2 hours, IS. As an owner-operator, I typically waited 4-6 hours to have the truck unloaded, and often the wait took upwards of 12-18 hours, impacted my ability to conduct the part of my job where I’m paid: driving. I would like to suggest that a law be created to ensure drivers and small owner-operators are guaranteed to be paid a fair wage for waiting. As a suggestion, $20/hour per driver, and $50/hour per truck. Not only would this guarantee rights to America’s largest group of under-represented workers, it would also ensure timely delivery of goods for the average American citizen, as warehouses take necessary steps to optimize the loading and unloading of trucks. Without this being written into law, truck driving will continue to become more about ‘sitting around and waiting,’ than ‘covering miles,’ and fewer qualified persons will be conducting the work.”
FMCSA posted a preliminary request for comment on detention time on Aug. 24, 2023; this request garnered 171 comments.
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.
My husband is an owner operator. Who spends most of his time on docks. When you have an appointment set you should be able to pull in, check in and within 15 minutes be put into a door. You shouldnt have to wait 4,6,8 hrs to get into a door to unload or load. If your appt is 6 am and driver is on time, he should be put into a door and unloaded. Or get compensation for his time of waiting. These companies think that this is ok. and its not. Make the companies accountable for there actions. If they want there product they should compensate the drivers accordingly. You think these guys get paid for sitting. Not an owner operator. They get paid for having there wheels be moving.
The only industry I know of where the first two (2) to four (4) hours of your work time is free but you have to log it anyway as on duty time. No one else would put up with it. Then they nickel and dime you for every little thing like their special tracking link that doesn’t work, not sending in the paperwork within 1 hour of delivery, not paying for a lumper because they invoiced the customer claiming they never received the copy of the lumper receipt! (that one was over 500.00!)