Commercial Motor Carriers: More Could Be Done to Determine Impact of Excessive Loading and Unloading Wait Times on Hours of Service Violations
Published: 2011-01-26T00:00:00

Fast Facts:

Highlights:
section_title: Why GAO Did This Study
paragraphs: The interstate commercial motor carrier industry moves thousands of truckloads of goods every day, and any disruption in one truckload's delivery schedule can have a ripple effect on others. Some waiting time at shipping and receiving facilities--commonly referred to as detention time--is to be expected in this complex environment. However, excessive detention time could impact the ability of drivers to perform within federal hours of service safety regulations, which limit duty hours and are enforced by the Federal Motor Carrier Safety Administration (FMCSA). This report discusses: (1) How regularly do truck drivers experience detention time and what factors contribute to detention time? (2) How does detention time affect the commercial freight vehicle industry? (3) What federal actions, if any, could be taken to address detention time issues? GAO analyzed federal and industry studies and interviewed a nongeneralizable sample of truck drivers, as well as other industry stakeholders and FMCSA officials.
section_title: What GAO Found
paragraphs: While there are no industry-wide data on the occurrence of detention time, GAO interviews with over 300 truck drivers and a number of industry representatives and motor carrier officials indicate that detention time occurs with some regularity and for a variety of reasons. About 59 percent of interviewed drivers reported experiencing detention time in the past 2 weeks and over two-thirds reported experiencing detention time within the last month. Drivers cited several factors that contribute to detention time. About 43 percent of drivers identified limitations in facilities, such as the lack of sufficient loading and unloading equipment or staff. These limitations can occur when facilities overschedule appointments, creating a backlog of vehicles. Another factor cited by about 39 percent of drivers was the product not being ready for shipment. Other factors include poor service provided by facility staff, facility scheduling practices that may encourage drivers to line up hours before the facility opens, and factors not under the control of the facility, such as drivers filing paperwork incorrectly. Some facilities are taking steps to address these factors, such as using appointment times. Detention time can result in reduced driving time and lost revenue for drivers and carriers. For those drivers that reported previously experiencing detention time, about 80 percent reported that detention time impacts their ability to meet federal hours of service safety requirements--a maximum of 14 hours on duty each day, including up to 11 hours of driving--by reducing their available driving time. About 65 percent of drivers reported lost revenue as a result of detention time from either missing an opportunity to secure another load or paying late fees to the shipper. Some practices can mitigate these economic impacts, such as charging detention time fees and developing relationships with facilities so drivers become familiar with a facility's process. According to industry representatives, carrier companies are better positioned than independent owner operators to use such practices and are better able to handle logistical challenges that may result from detention time. While FMCSA collects data from drivers during roadside inspections, which provide information on the number of hours of service violations, the agency currently does not collect--nor is it required to collect--information to assess the extent to which detention time contributes to these violations. Agency officials stated that FMCSA does not identify the factors that contribute to hours of service violations, and detention time could be just one of many factors. To date, FMCSA research has focused on an overview of freight movement, but not the extent to which detention time occurs or how it may impact hours of service violations. FMCSA plans to conduct a 2012 study to better understand the extent to which detention time occurs. Obtaining a clearer industry-wide picture about how detention time contributes to hours of service violations could help FMCSA determine whether additional federal action might be warranted. However, any additional federal actions to address issues associated with detention time beyond hours of service would require careful consideration to determine if any unintended consequences may flow from federal action to regulate detention time.
section_title: What GAO Recommends
paragraphs: GAO recommends 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. We provided a draft of this report to DOT for review. DOT officials provided technical comments, which we incorporated into the report, as appropriate.

section_title: Letter
paragraphs: The interstate commercial motor carrier industry moves a huge  assortment of raw materials and goods to and from locations throughout  the United States to meet the needs of thousands of shippers. As of 2008,  over 61 percent of our nation’s cargo by weight, and over 66 percent by  value, are transported by trucks. The transportation demands of shippers  are diverse, dynamic, and often time-sensitive. To efficiently service these  needs, trucking companies and their clients must plan, coordinate, and  staff the complex shipment and receipt of thousands of truckloads every  day. They must also deal with ever-changing circumstances, such as short- notice shipping needs and unforeseen delays that require resources to be  reshuffled. Any given disruption in one truckload’s delivery can have a  variety of ripple effects, including for the truck driver whose delivery was  initially delayed, other truck drivers who are waiting to load or unload  their shipment at the same facility, the shipping facilities, and the ultimate  customers who are waiting to receive their shipments. Therefore, the long  waiting and loading and unloading times that truck drivers can experience  at shipping and receiving facilities—commonly referred to as detention  time—are a concern for the industry. A 2009 Department of  Transportation (DOT) study identified detention time as a major loss of  productivity in the industry and estimated that addressing this issue could  result in a potential gain to carriers of about $4 billion annually. While a  certain amount of detention time is to be expected given the system’s  complexities, drivers are subject to federal hours of service regulations,  which specify, among other things, the allowable number of duty hours  during a standard work day and work week. Excessive detention time  could impact the ability of drivers to meet their delivery schedules within  these federal requirements.
Given the importance of freight transportation to our nation’s economy  and the potential impact that detention time has on the commercial motor  vehicle industry, you asked us to provide information on the issue of  detention time. More specifically, this report focuses on the following  questions: (1) How regularly do truck drivers experience detention time  and what factors contribute to detention time? (2) How does detention  time affect the commercial freight vehicle industry, including the impact  on federal hours of service requirements? (3) What federal actions, if any,  could be taken to address the issues associated with detention time?
To accomplish these objectives, we reviewed hours of service regulations,  legislation related to the regulation of the trucking industry, and relevant  Federal Motor Carrier Safety Administration (FMCSA) regulations; agency  reports such as motor carrier efficiency studies; Federal Highway  Administration (FHWA) freight facts and figures; and an Office of Motor  Carriers study on trucking operations and hours of service. We also  reviewed information about the trucking industry and driver safety  overviews, such as trucking logistics overviews and background  information on warehouse and distribution centers. To capture the various  perspectives of the diverse trucking industry, we interviewed officials and  representatives from federal agencies, port authorities, carrier companies,  trucking associations, manufacturing associations, warehouse facilities,  and research firms. To conduct these interviews, we contacted officials  and representatives across the country by phone, and we conducted site  visits to Chicago, Illinois; Newark, New Jersey; and Port Arthur, Texas.  Finally, we conducted 302 structured interviews with truck drivers at four  truck stops—Ashland, Virginia; Baytown, Texas; Walcott, Iowa; and North  Bend, Washington—in July and August 2010 to obtain reactions about  detention time factors and impacts. We chose these sites to obtain  geographic dispersion and based on input from industry stakeholders.  Results from this nongeneralizable sample cannot be used to make  inferences about the population. We performed our work from March 2010  through January 2011 in accordance with generally accepted government  auditing standards. Those standards require that we plan and perform the  audit to obtain sufficient, appropriate evidence to provide a reasonable  basis for our findings and conclusions based on our audit objectives. We  believe that the evidence obtained provides a reasonable basis for our  findings and conclusions based on our audit objectives. (See app. I for a  more detailed discussion of our scope and methodology. See app. II for the  results of the structured interview close-ended questions.)
subsections: section_title: Background
paragraphs: The nation’s interstate commercial motor carrier industry is extensive and  includes a number of stakeholders, including carriers, shippers, receivers,  and intermediaries.
Motor carriers are companies or individuals that transport cargo using  motor vehicles. According to FMCSA officials, there are about 737,000  interstate carriers registered with FMCSA. While the largest motor  carriers operate upward of 50,000 vehicles, approximately 80 percent of  carriers are small independent-owner operators or trucking companies,  operating between 1 and 6 vehicles. Within the industry, there is a variety  of types of carriers. For example, carriers are either for-hire, transporting  cargo to the public on a fee basis, or private, running a vehicle fleet to  transport only the company’s own products. There are also two principal  classes of for-hire carriers: truckload carriers transport a single shipper’s  cargo between two locations, while less-than-truckload carriers transport  cargo for multiple customers that may require pick-up or delivery at  multiple locations. In addition, some carriers primarily provide long-haul  service—which is generally considered to be intercity service—while  other carriers primarily provide service within a metropolitan region,  referred to as short haul. Finally, carriers use vehicles that differ by body  types—including dry trailers, refrigerated trailers, flat beds, and tank  trailers—some of which can carry a variety of cargo, while others are used  for only one type of cargo. (See fig. 1 for examples of vehicles.)
Shippers are the cargo owners that hire the carriers to transport their  cargo. For example, a shipper could be a product manufacturer that hires  a carrier to transport its product from the manufacturing plant to the end  customer, or a retail company that hires a carrier to pick up its finished  products, such as clothing or electronics, from a seaport terminal or other  location for transport to a distribution center.
Receivers are those who are scheduled to receive and take ownership of  the cargo. The receiver could be the customer of the shipper, such as a  retail company or manufacturing plant, which takes ownership of the  cargo to sell or use in a production process.
Intermediaries arrange for the transportation of goods between the  shippers and receivers. For example, a freight forwarder acts as an agent  on the behalf of the shipper and will consolidate shipments from several  shippers and then contract with carriers to transport these shipments. In  addition, a freight broker will arrange the pick up and delivery of a  shipper’s good by a carrier without having physical control of the cargo.
Third-party logistical companies provide warehousing and supply chain  services for the shippers and can arrange transportation of the shippers’  products. For example, carriers could transport cargo to a third-party  distribution center, which can repackage the cargo for further distribution.
Figure 2 provides a description of the steps typically involved in moving  cargo through the system.
The decisions of the various stakeholders—carriers, shippers, receivers,  and others—direct the logistics (or operation) of the interstate  commercial motor carrier industry, and consequently can affect the  occurrence and amount of detention time. Each stakeholder plans and  organizes its own activities within this large industry in an effort to meet  its critical objectives. Carriers attempt to minimize their travel time and  the miles they drive with no cargo, while at the same time meeting the  needs of shippers. Shippers try to minimize the costs of their  transportation needs while ensuring delivery in a timely manner. As each  stakeholder makes its own logistical decisions, it faces tradeoffs in the  costs and benefits of various options for how to schedule and manage  resources. Given the numerous activities that need to be scheduled and  coordinated within the industry on a daily basis, some level of trucker  detention time is expected. If a shipper provides its own trucking services  through a private fleet, one of the shipper’s goals will likely be to schedule  shipments in a way that minimizes detention time and thus increases  productivity. However, if, for example, an on-time pick up is a high priority  for a particular shipment, then the shipper may choose to schedule a truck  to arrive early, thus potentially increasing the likelihood or amount of  detention time. Conversely, when a shipper uses a for-hire carrier, the  shipper may be less inclined to fully take the extent of detention time into  consideration when making its scheduling decisions because the shipper  does not fully bear the costs of the detention time it may impose on  truckers. Therefore, some detention time in the industry likely results  because shippers’ and receivers’ decisions can affect the extent of  detention time, but the costs of detention time are largely born by  truckers.
The federal role in regulating the interstate commercial motor carrier  industry has changed over time, as shown in figure 3.
Currently, the federal role in the industry is focused on regulating safety  aspects of the trucking industry and funding transportation infrastructure,  which are managed by two agencies within DOT. FMCSA’s primary  mission is to prevent commercial motor-vehicle-related fatalities and  injuries. It carries out this mission by issuing, administering, and  enforcing federal motor carrier safety regulations—including hours of  service requirements—and gathering and analyzing data on motor carriers,  drivers, and vehicles, among other things. FMCSA also takes enforcement  actions, and funds and oversees enforcement activities at the state level  through Motor Carrier Safety Assistance Program grants. FHWA is  responsible for overseeing the federal-aid highway program, which funds  highway infrastructure. Within FHWA, the Office of Freight Management  and Operations is tasked with promoting efficient, seamless, and secure  freight flows—including freight transported by the interstate commercial  motor carrier industry—on the U.S. transportation system and across the  nation’s borders. The office advances its mission by building a greater  understanding of freight transportation issues and trends, improving  operations through advanced technologies, and educating and training  freight transportation professionals. The office also conducts operational  tests of intelligent transportation system technologies and promotes the  development of standards for freight information exchange.
Federal hours of service regulations place restrictions on operations of a  property-carrying commercial motor vehicle driver by setting limits on  duty periods. There are three hourly limitations for these drivers, including  a 14-hour “driving window” after coming on duty following 10 consecutive  hours off duty, 11 hours of which can be “driving time,” and a prohibition  on driving after 60 or 70 hours of on duty time per week, with certain  exceptions and exemptions. Specifically:    14-hour “driving window”: A driver is allowed a period of 14 consecutive  hours after coming on duty, following 10 or more consecutive hours off  duty, in which to drive. This 14-hour period begins when the driver starts  any kind of work or is required to be in readiness to work, and once the  driver has completed the 14-hour period, the driver cannot drive again  without first being off duty for at least 10 consecutive hours. The 14-hour  period covers both on duty and off duty time.    11-hour driving limit: During the 14-consecutive-hour driving window,  the driver is limited to 11 total hours of actual driving time. The 11 hours  can be consecutive or nonconsecutive within the 14-hour period.    60/70-hour on duty limit: A driver is required to adhere to one of two  duty hours weekly limits, which is specified by the driver’s carrier. A  driver may restart the 60- or 70-hour “week” by taking at least 34  consecutive hours off duty.
If a driver’s carrier (employer) does not operate commercial motor  vehicles every day of the week, the driver may not drive after being on  duty 60 hours during any 7 consecutive days.
If a driver’s carrier does operate commercial motor vehicles every day  of the week, a 70-hour/8-day schedule is permitted. The driver may not  drive after being on duty 70 hours in any 8 consecutive days.”
A driver may restart the 60- or 70-hour “week” by taking at least 34  consecutive hours off duty.
According to hours of service regulations, on duty time includes all of the  time from when a driver begins work for a motor carrier or is required to  be in readiness to work by that motor carrier, whether paid or not, until  the time the driver is relieved from work and all responsibility for  performing work. Some examples of on-duty time may include:    driving time, to include all time spent at the driving controls of a  commercial motor vehicle in operation;  time at a plant, terminal, or other facility of a motor carrier or shipper, or  on any public property, waiting to be dispatched;  time loading, unloading, supervising, or attending the truck or handling  receipts for shipments; and    all other time in or upon a commercial motor vehicle unless the driver is  resting in a sleeper berth.
Federal hours of service regulations require drivers to maintain a “record  of duty status”—commonly referred to as a driver’s log, daily log, or log  book—either in written form or electronically using an automatic or  electronic on-board recording device. Drivers must account for all hours  of every day in their log, including days off, and must also have a log for  each day of the last 8 days they were required to log.
One means to ensure compliance with various safety requirements,  including hours of service, is for authorized FMCSA and state officials to  conduct driver and vehicle inspections of commercial vehicle motor  carriers. During certain types of inspections, these inspectors check the  drivers’ logs for compliance with hours of service regulations. If the  inspector finds that a driver has not complied with the hours of service  regulations, the violation can result in a driver being fined and/or being  placed out of service.
In addition, FMCSA ensures that motor carriers comply with safety  requirements through compliance reviews of carriers already in the  industry and safety audits of carriers that have recently started operations.  Compliance reviews and safety audits help FMCSA determine whether  carriers are complying with federal safety requirements—including hours  of service regulations—and, if not, to take enforcement action against  carriers, including placing carriers out of service.
section_title: Some Truck Drivers May Experience Detention Time Regularly Due to Several Contributing Factors
subsections: section_title: About Two-Thirds of Interviewed Drivers Experienced Detention Time within the Last Month
paragraphs: While there are no industry-wide data providing information on the  occurrence of detention time, interviews with drivers, industry  representatives, and motor carrier officials indicate that detention time  occurs with some regularity. During our structured interviews with truck  drivers, we found that the majority of these drivers had experienced  detention time within the last month. Overall, 204 of the 302 drivers  interviewed—about 68 percent—had reported experiencing detention time  within the last month. Most of these drivers—178 of the 302, or about 59  percent—reported experiencing detention time within the last 2 weeks.  About 11 percent of the drivers—32 drivers—reported they last  experienced detention time more than 1 month ago. For those drivers that  reported previously experiencing detention time, the amount of detention  time ranged from less than 2 hours to over 8 hours, and occurred at a  variety of different facilities, including production facilities and  distribution centers. Finally, about 22 percent of drivers reported they had  never experienced detention time.
In addition, a number of motor carrier officials stated that their truck  drivers experience detention time regularly enough to institute systems to  track detention time for their individual companies. For example, officials  from one company that tracks detention time noted that their drivers  experienced detention time on 12 percent of deliveries over a 3-month  time period. While detention time can happen to all types of carriers,  several industry representatives noted that drivers of some vehicle types  experience a higher degree of detention time, while drivers of other types  do not typically experience as much detention time. For example, some  industry representatives noted that refrigerated trailer drivers tend to  experience detention time to a greater extent than others because  refrigerated trailers can maintain cargo at the required temperature, and  can therefore wait for cargo from other nonrefrigerated trailers to be  unloaded. In some cases, drivers with refrigerated trailers have had to wait  overnight in order to keep the product stored at the proper temperature  until it could be unloaded the next morning. In contrast, while tanker  trucks can experience detention time, some industry representatives noted  that tanker truck drivers do not typically experience as much detention  time as some other types of trailers.
section_title: Several Factors Can Contribute to Detention Time
paragraphs: Truck drivers, industry representatives, and company officials identified  several factors that can contribute to detention time. Based on our  interviews, the 236 drivers that had reported previously experiencing  detention time—either within the last month or more than 1 month ago— facility limitations, arriving for a scheduled pick-up and finding the  product was not ready for shipment, poor service provided by facility staff,  and facility scheduling practices were the most frequently cited  contributing factors. Other stakeholders also cited these same factors as  contributing to detention time.
Facility limitations: About 43 percent of drivers reported they  experienced detention time because the facilities were not adequately  staffed, lacked sufficient loading and unloading equipment, or had an  insufficient number of bays for loading and unloading trucks. These  limitations can occur, for example, when facilities overschedule  appointments for pickup or delivery or do not have enough staff or  equipment to handle the number of trucks scheduled, thereby creating a  backlog of vehicles that need to be loaded or unloaded.
Product not ready for shipment: About 39 percent of drivers reported  they experienced detention time because the product was not ready for  shipment when they arrived at the facility for pick up. This could be due to  a number of reasons, such as manufacturing problems that delayed the  production of the finished product. Industry representatives and company  officials also highlighted that fresh produce often is not ready for shipment  when drivers arrive at the loading facility. For example, one reason fresh  produce might not be ready for shipment is that weather, such as heavy  rains, can delay harvesting and packaging of the produce for shipment  before the drivers’ scheduled pick-up time.
Poor service provided by facility staff: About 39 percent of drivers  reported that poor service by the facility staff was the reason they  experienced detention time. Some drivers stated that once they arrived at  the facility, the facility staff were indifferent to the drivers’ schedules and  would take their time before starting the loading or unloading process.
Scheduling practices: About 34 percent of drivers reported that facility  scheduling practices at some facilities led to detention time. One of these  scheduling practices cited by industry representatives was a “first come,  first serve” system, in which the facility loads the vehicles in the order of  arrival at the facility. For example, some seaport terminals use this system,  which results in drivers lining up at the gate to the terminal before the  facility opens to make sure they can get their containers as quickly as  possible. The time waiting at the gate is not considered detention time by  the terminals.
Other factors: Drivers, industry representatives, and company officials  noted there are some other factors not under the control of the facility that  can contribute to detention time. For example, about 6 percent of drivers  we interviewed reported that the driver was responsible for the detention  time due to the driver’s paperwork not being in order. In these cases, the  facility would either have to push back its overall schedule, potentially  impacting all truck drivers scheduled for loading and unloading at that  facility that day, or have the delayed driver wait for an available opening.  Some company officials also noted that loading or unloading could be  delayed if the driver is not familiar with either the shipper’s facilities or its  loading and unloading procedures. Two other factors cited by officials  include shipping facility staff calling in sick and leaving the facility short of  staff, and a breakdown in loading or unloading equipment, which can have  a cascading effect on the facility’s schedule.
Shippers may implement practices to reduce detention time at their  facilities. Some shippers have established appointment systems, which  allow the facility to better manage available bays, staff, and loading  equipment. For example, one facility we visited schedules carriers to  arrive every 30 minutes, with a goal of having the carrier either loaded or  unloaded within 90 minutes. If a carrier misses an appointment, the facility  will unload that carrier whenever possible, but will not bump another  carrier that makes the scheduled appointment time. Another practice to  reduce detention time is to use technology, such as improved  communication and vehicle inspection technology, to improve the  process. For example, some seaport terminal operators have installed  video cameras at the gate to speed up the process for inspecting the cargo  containers as trucks enter the facility. This practice reduces the wait time  at the facility’s front gate.
section_title: Detention Time Can Result in Reduced Driving Time and Lost Revenue
subsections: section_title: Detention Time Can Impact the Ability of Drivers to Make Scheduled Deliveries within the Hours of Service Requirements
paragraphs: Detention time can impact drivers’ ability to make scheduled deliveries  within the hours of service requirements by putting drivers behind  schedule and reducing available driving time. For those drivers that  reported previously experiencing detention time, 80 percent reported that  detention time reduced their available driving time. For example, some  drivers noted that since the federal hours of service regulations allow  them a “driving window” of no more than 14 consecutive hours—limited to  11 hours of driving time—detention time can significantly reduce the  available driving window and driving time. Therefore, if a driver  experiences 6 hours of detention time, that driver can only drive for 8  hours, at most, before being required to rest for 10 hours. Some drivers  noted that this could delay their next scheduled delivery and, in some  cases, result in the receiver charging the driver a late delivery fee.  According to industry representatives, drivers who experience detention  time and lose available duty and driving time may sometimes be faced with  a choice of not making their scheduled delivery time, violating the speed  limit, or violating the hours of service requirements to make up for lost  time.
Detention time can in some cases lead drivers to operate their vehicles  beyond the hours of service requirements and improperly log duty time in  order to make scheduled deliveries on time. When asked how detention  time impacts them, about 4 percent of drivers responded they have driven  beyond the hours of service limits and misrepresented their hours in their  log books. Although we did not specifically ask the question during the  structured interviews, a number of drivers we spoke with stated they kept  multiple log books in order to disguise incidents where they violate hours  of service requirements due to detention time.
section_title: Detention Time Can Result in Lost Revenue, Particularly for Independent Owner Operators
paragraphs: Detention time can also result in lost revenue for drivers, as well as carrier  companies. Based on our structured interviews, of those drivers that  reported previously experiencing detention time, 65 percent reported that  detention time had caused them to lose pay. According to industry  representatives, the lost revenue can result from either missing an  opportunity to secure another load or having to pay late fees to the  receiver. Detention time has a greater potential to result in lost revenue for  independent owner operators than drivers employed by carrier companies.  In general, drivers that are employed by private companies are paid by the  hour. Owner operators—including owner operators that are leased to  carrier companies—are typically paid by the number of miles driven or by  the number of loads delivered. Because the typical owner operator’s pay  structure is based on actual driving time, these drivers do not get paid for  time spent waiting to load or unload. In fact, drivers have an adage that  says “when the wheels ain’t turning, you’re not earning.”
Carrier companies have some ability to mitigate the economic effects of  detention time through a variety of means, such as charging detention fees  to shippers, developing relationships with customers, using efficient  loading and unloading operations, and no longer providing service to  customers with persistent detention time.
First, according to vehicle safety association officials, larger carrier  companies have the leverage to include detention fee clauses in their  contracts with shippers. For example, a number of carrier companies we  talked with charged detention time fees to the shippers for any time over 2  hours that their vehicle was at the facility. The detention time fee varied  based on the specific contract; examples provided to us ranged from $40  to $80 per hour. Based on our structured interviews, 53 percent of drivers  that reported previously experiencing detention time reported that their  company collected detention fees. However, according to some carrier  officials, not all carriers collect detention fees, even if provided for in the  contract, due to their reluctance to charge their customers, particularly  their larger customers with whom they conduct significant business. One  carrier official explained that detention time is simply a cost of doing  business in today’s freight environment. In addition, collecting detention  time fees can sometimes be challenging if the shipper does not agree with  the amount of detention time that occurred. For example, during a 3- month time period, one carrier billed over $4,300 in detention time fees  but received less than $500.
Second, some carriers work closely with their customers to reduce  detention time. According to industry representatives, some carriers  develop relationships with shippers and receivers as they make routine  visits to their facilities and establish a familiarity with the process. For  example, according to one motor carrier company, its work with  customers to track and measure detention time information has, in many  situations, resulted in some decrease in detention time.
Third, some carriers use a more efficient loading and unloading operation  called the “drop and hook” method, which limits detention time. Drop and  hook operations prevent the driver from having to wait for a trailer to be  loaded or unloaded at the shipper’s facility. The driver will arrive at the  facility with an empty trailer, drop off the empty trailer, and hook up the  loaded trailer. The shipper will load the cargo into the trailer prior to the  scheduled pick-up time. According to company officials and industry  researchers we spoke to, the drop and hook method does reduce  detention time. However, according to carrier officials, drop and hook  requires the carrier to invest in additional trailers. For example, one  carrier that used the drop and hook method had 1.5 trailers for each  tractor, resulting in additional costs to purchase and maintain the trailers.
Finally, some motor carrier officials stated that if they experience  significant occurrences of detention time at a particular facility, the carrier  could stop providing transportation services for that client if it had  sufficient business with other shippers.
In addition, some larger carrier companies are better able to handle  logistical challenges that could result from detention time. For example, a  carrier may have one of its vehicles held up because of detention time;  however, a larger carrier can adjust the schedule of other vehicles to  ensure the carrier is able to meet its commitments, therefore limiting the  impact of the detention time. Smaller carrier companies or independent  owner operators with only a few vehicles may not be able to react in a  similar manner.
According to industry representatives, independent owner operators have  limited ability to mitigate the economic effects of detention time. For  example, some industry representatives stated that since independent  owner operators that do not lease on a regular basis to carrier companies  generally use intermediaries to arrange for cargo, those operators do not  have established contracts with shippers and thus have less leverage to  charge detention time fees. Depending on their contractual arrangements,  independent owner operators that are leased by a large carrier also may  not receive detention time fees, even if the motor carrier charges and  collects those fees. In addition, even if an independent owner operator  that is leased by a motor carrier receives detention fees from the motor  carrier, the fees may not fully compensate the driver for the detention  time. That is because detention time compensation typically falls short of  the amount of compensation that drivers would receive when they are  actually driving since most of their compensation is based on miles driven.  Finally, according to an industry representative, some carrier companies  opt to send drivers from leased independent owner operators—who,  unlike some carrier companies’ own drivers, are not paid by the hour—to  facilities that frequently cause detention time. In so doing, the motor  carrier does not have to pay the driver for the time spent waiting to load  and unload.
Furthermore, in some cases, independent owner operators do not  transport cargo to the same facilities as frequently as carrier companies,  which limits a driver’s familiarly with the procedures of specific facilities  and could lead to detention time. For example, according to one  warehouse representative we talked with, the drivers that encounter the  most detention time are associated with independent owner operators that  are not familiar with the requirements and rules of the facility, which  includes not having the proper paper work, enough fuel for their  refrigerated trailer, or the trailer is not in the proper condition. That  representative’s facility will not check in trucks that do not meet these  core requirements. Finally, independent owner operators generally do not  have the financial resources to purchase additional trailers to take  advantage of the drop and hook method or to simply absorb the costs of  detention time.
section_title: Additional Information on Factors Contributing to Hours of Service Violations Could Help FMCSA Determine the Impact of Detention Time on These Violations
paragraphs: Although FMCSA collects data from roadside inspections, which provides  information on the number of hours of service violations, the agency  currently does not collect—nor is it required to collect—information to  assess the extent to which detention time contributed to these violations.  In 2009, FMCSA and state officials conducted over 3.5 million roadside  inspections of interstate and intrastate motor carriers and almost 6  percent of these inspections resulted in at least one out-of-service  violation. As shown in table 1, according to FMCSA data, hours of service  violations were among the top 10 cited out-of-service violations.  Specifically, violations of all three types of hours of service  requirements—the 14-hour “driving window” rule, 11-hour driving rule,  and 60/70-hour weekly on-duty rule—ranked in the 10 most frequently  cited types of violations. Further, according to FMCSA officials, 14-hour  rule violations were the most common out-of-service violations from U.S.  roadside inspections in 2009, as well as in 2007 and 2008. FMCSA officials  stated that 14-hour rule violations are straightforward and easier to detect  during roadside inspections compared to other types of violations, which  partially explains the more common occurrence of this type of violation.
While FMCSA does not collect information on what factors contribute to  hours of service violations, officials and industry representatives stated  that detention time could be one of many such factors. Other factors could  include a driver needing to leave the property of a facility and drive to a  parking or rest area a number of miles away, having already used up the  available driving hours for that day.
Because FMCSA does not currently collect and analyze data on the factors  that contribute to hours of service violations, its ability to assess the  impact of detention time on hours of service violations, which may affect  driver safety, is limited. Agency officials stated that, while FMCSA does  not identify the factors that contribute to out-of-service violations,  including hours of service violations, during roadside inspections,  inspectors may acquire some information on these factors during  compliance reviews. However, agency officials also stated they do not  currently have other data that would help them determine either how  often detention time occurs or how often detention time contributes to  drivers violating hours of service requirements. For example, driver log  data that FMCSA reviews during inspections—either in hard copy or  electronically—do not include or identify detention time. While drivers are  not required to specifically note detention time in their log books, they  must note the time they arrived and departed a facility. However, if the  driver did experience some detention time with the recorded time at the  facility, it does not necessarily mean that it was a contributing factor to a  violation in hours of service. To make that determination, an inspector  would have to ask the driver what happened. As a result, it may be difficult  to link hours of service violations to detention time based solely on log  book data.
To date, research conducted by FMCSA has not specifically included  efforts to determine the extent to which detention time occurs. Instead,  FMCSA research has focused on an overview of freight movement,  including identifying inefficiencies in freight transportation and evaluating  safety and productivity improvements. For example, FMCSA’s Motor  Carrier Efficiency Study, a 2007 Annual Report to Congress, examined  the application of wireless technology to improve the safety and efficiency  of trucking operations in the United States. The analysis estimated that  the motor carrier industry incurs financial losses in the tens of billions of  dollars per year because of operating inefficiencies, and noted that “time  loading and unloading” was the most costly inefficiency identified by  motor carriers. While “time loading and unloading” is a key determination  for whether detention time has occurred, the study does not specifically  address instances of detention time or differentiate between expected  time loading and unloading, and detention time. Also, FMCSA has  conducted research on hours of service and driver fatigue with many  studies completed, ongoing, or planned for the future. For example,  FMCSA recently completed a study examining whether additional sleep  would more effectively restore driver performance compared to the  current 34-hour restart provision. In addition, FMCSA officials noted that  the agency has several ongoing hours of service studies.
Although FMCSA does not currently have data on detention time, the  agency plans to conduct three studies addressing driver fatigue, driver  compensation, and detention time. First, agency officials stated that a  driver fatigue study is planned for July 2011. FMCSA officials stated that as  part of this study, they plan to conduct an annual driver survey on driver  fatigue to obtain an understanding of the impact of changes in the  commercial driver workforce to ensure safety and well-being of its  members. The results will be used to develop and evaluate rules,  regulations, policies, and enforcement activities for the motor carrier  industry. However, while FMCSA has developed a problem statement, it  has yet to finalize the details on this study’s scope and methodology.  Second, FMCSA plans to conduct a study examining the impact of driver  compensation, such as pay per mile, on driver safety. Finally, FMCSA has  requested funding for a study on detention time, which it plans to conduct  in 2012. While FMCSA officials said they plan to survey drivers on the  amount of time they wait to load or unload shipments, FMCSA has to date  only developed a problem statement. The purpose of the study will be to  better understand the nature of the problem of detention or waiting time  in the industry. Agency officials stated the study will also identify any  changes in current regulations that would reduce driver wait times. In  addition, officials stated they will use the prior two studies to develop the  detention time study’s scope or methodology. Therefore, it is not clear  whether the detention time study will address, among other things, the  extent to which detention time contributes to drivers violating hours of  service requirements.
In addition to FMCSA’s planned studies on detention time, collecting  information on the factors that contribute to detention time through driver  and vehicle inspections or other means could help FMCSA determine  whether detention time is a significant factor in contributing to drivers  violating hours of service requirements and, consequently, whether  additional federal action by DOT or Congress might be warranted to  mitigate detention time as a potential safety issue. For example, FMCSA  could collect this type of information through level IV special inspections,  which are typically one-time examinations based on an existing or  potential problem and administered for data collection purposes—such as  investigating defects in brakes or intermodal equipment—typically  conducted in support of a study or to verify or refute a suspected trend. In  2009, FMCSA conducted over 16,500 level IV special roadside inspections  in the United States. According to agency officials, level IV inspections are  effectively level I standard inspections plus some additional questions for  data collection, and the actual work and resources remain the same. These  types of inspections can be administered in a designated period of time,  such as a 3-day period when many inspections would be scheduled to  occur. In addition, FMCSA could use a study-specific data collection form  to acquire information on factors contributing to hours of service  violations during inspections, similar to the methodology used in an  unpublished FHWA study examining the violation of hours of service  requirements in relation to the origin of the load. The study used an  inspection form and a data collection form to acquire additional  information outside of the standard inspection. Hours of service  requirements are designed to ensure that truck drivers get the necessary  rest to perform safe operations, to help continue the downward trend in  commercial motor vehicle fatalities, and to maintain motor carrier  operational efficiencies. All three goals further FMCSA’s primary mission  to prevent fatalities and injuries involving commercial motor vehicles.  Therefore, information on the factors that contribute to hours of service  violations could help FMCSA in developing any future policy, rules,  regulations, or programs to improve commercial vehicle safety.
Any federal action to address issues associated with detention time  beyond hours of service requirements would require careful consideration.  Since there is no current federal regulation of detention time, any potential  federal action would need to be based on a full understanding of the  complexities of the industry. For example, a standard definition of  detention time would need to be established. However, as we have shown,  there are often disagreements between shippers and carriers regarding  how much detention time occurred in a particular case, so finding a  commonly agreed to definition in the industry could be challenging. It  would also need to be decided which stakeholders any new federal action  would target since there is a wide variety of stakeholders involved. Finally,  the federal government would need to evaluate whether any unintended  consequences may flow from a new federal action, and if so, how to avoid  or mitigate those consequences.
section_title: Conclusions
paragraphs: Detention time is a complex issue involving many stakeholders. While it is  not uncommon for drivers to experience detention time, there are no data  available that can provide any definitive information on how often it  occurs, how long detention time lasts, or what types of carriers or facilities  experience the most detention time. In fact, detention time can be difficult  to measure as there are different interpretations of what constitutes  detention time. Detention time can be caused not by one predominant  factor, but instead by a wide variety of factors, primarily related to facility  operations. Furthermore, some detention time likely results because  shippers’ decisions affect the extent of detention time, but the costs of  detention time are largely born by truckers. While detention time can have  an economic impact on drivers and carrier companies, the current federal  role in the industry focuses on safety—including hours of service  requirements—rather than economic regulation. FMCSA’s plans to look at  detention time in upcoming studies may shed further light on the  contributing factors and extent of detention time, but the agency is still in  the initial planning stages and has not determined the scope of these  studies. Without information on the extent to which detention time occurs  and the extent to which detention time contributes to hours of service  violations, FMCSA may not have key information to help reduce these  types of violations.
section_title: Recommendations for Executive Action
paragraphs: To support the primary mission of FMCSA in improving the safety of  commercial motor vehicles, we recommend the Secretary of DOT direct  the Administrator of FMCSA to examine the extent to which detention  time contributes to drivers violating hours of service requirements in its  future studies on driver fatigue and detention time, and through data  collected from its driver and vehicle inspections.
section_title: Agency Comments and Our Evaluation
paragraphs: We provided a draft of this report to DOT for review and comment. DOT  officials provided technical comments which we incorporated into the  report, as appropriate.
As agreed with your office, unless you publicly announce the contents of  this report earlier, we plan no further distribution until 30 days from the  report date. The report also will be available at no charge on the GAO Web  site at http://www.gao.gov.
If you or your staff have any questions about this report, please contact me  at (202) 512-2834 or flemings@gao.gov. Contact points for our Offices of  Congressional Relations and Public Affairs may be found on the last page  of this report. GAO staff who made major contributions to this report are  listed in appendix V.
section_title: Appendix I: Objectives, Scope, and Methodology
paragraphs: To determine how regularly truck drivers experience detention time, the  factors that contribute to detention time, and how detention time affects  the interstate commercial motor carrier industry, we reviewed hours of  service regulations, legislation related to the regulation of the trucking  industry, and relevant Federal Motor Carrier Safety Administration  (FMCSA) regulations; agency reports such as motor carrier efficiency  studies; Federal Highway Administration (FHWA) freight facts and figures;  and an Office of Motor Carriers study on trucking operations and hours of  service. We also reviewed information about the trucking industry and  driver safety overviews such as trucking logistics overviews, and  background information on warehouse and distribution centers. To  capture the various perspectives of the diverse trucking industry, we  interviewed officials and representatives from FMCSA and FHWA, port  authorities, carrier companies, trucking associations, manufacturing  associations, warehouse facilities, and research firms. To conduct these  interviews, we contacted officials and representatives across the country  by phone, and we conducted site visits to Chicago, Illinois; Newark, New  Jersey; and Port Arthur, Texas.
In addition, we conducted structured interviews with truck drivers to gain  a general understanding of (1) the frequency truck drivers experience  detention time, (2) what truck drivers perceive to be the factors that  contribute to detention time, and (3) how detention time affects them.  After initially developing, reviewing, and modifying the interview  questions, we conducted two pretests with truck drivers at truck stops in  North Bend, Washington, and Baltimore, Maryland. The two pretests were  conducted by GAO team members who approached respondents asking if  they would like to answer a short questionnaire on detention time. The  GAO team members asked the respondents the structured questions and  noted any questions, comments, and lack of clarity to the questions on the  part of the pretest respondents. The final changes made to the structured  interview questions were made on the basis of observations from the  pretests. A copy of the structured interview questions and results of the  closed-ended questions are included in appendix II.
The targeted population for the structured interviews was truck drivers.  We conducted the interviews at four truck stops: Baytown, Texas;  Ashland, Virginia; Walcott, Iowa; and North Bend, Washington. We chose  these sites to obtain geographic dispersion and based on input from  industry stakeholders. The GAO team members stationed themselves on- site where the highest volume of drivers was located, such as the front  entrance. The GAO team members self-selected the respondents and  therefore the results from this nongeneralizable sample cannot be used to  make inferences about the population. Of the 549 truck drivers  approached, 247 drivers declined to be interviewed, yielding a 55 percent  response rate. Of the 302 truck drivers we interviewed, 230 identified  themselves as only long-haul drivers, 21 drivers identified themselves as  only short-haul drivers, 40 identified themselves as providing both long-  and short-haul service, and 11 drivers did not provide a response.
The structured interview of truck drivers contained a mixture of closed- ended and open-ended questions. In order to analyze drivers’ verbal  responses to the open-ended questions, two analysts independently coded  the responses and resolved any discrepancies in the categorization.
To determine what federal actions, if any, could be taken to address the  issues associated with detention time, we reviewed existing research and  studies conducted by the Department of Transportation, such as FMCSA’s  Motor Carrier Efficiency Study and FHWA’s report that provided an  overview of the volume and value of freight flows in the United States.  Further, we reviewed FMCSA’s plans for future research studies on  detention time, driver fatigue, and driver compensation. In addition, we  reviewed hours of service requirements; documentation on FMCSA’s  enforcement of safety regulations, such as the types of driver and vehicle  inspections; relevant laws and regulations related to the federal  government’s role in the trucking industry, such as the Motor Carrier Act of  1935, the Motor Carrier Act of 1980,  and the ICC Termination Act of 1995;  and other relevant trucking industry requirements and rules, such as 49  C.F.R. part 395, and the electronic on-board recorder rule. Furthermore, we  relied on FMCSA North American Free Trade Agreement Safety Statistics  on out-of-service violations from roadside inspections for information on  the number of hours of service violations. We did not independently verify  those statistics since we reported them for contextual purposes, and they do  not materially affect our findings. As such, we did not conduct a data  reliability assessment of these data. Finally, we interviewed officials and  representatives from FMCSA and FHWA, port authorities, carrier  companies, trucking associations, manufacturing associations, warehouse  facilities, and research firms to get their perspective on potential federal  actions that could be taken to address detention time issues.
section_title: Appendix II: Truck Driver Structured Interview Questions and Results for Closed- Ended Questions
paragraphs: In the last 7 days  51.0% (154)
In the last 2 weeks  7.9% (24) 8.6% (26)
More than 1 month ago  10.6% (32)
Does not experience detention time  21.9% (66)
2.  Did you collect detention fees?
35.3% (83) 62.6% (147) 2.1% (5)
3.  Does the company you work for collect detention fees?
53.4% (125) 18.4% (43) 2.1% (5) 26.1% (61)
4.  During your last detention time, how long did you wait from gate to  gate?  5.  Did you have any wait time before you got to the gate?
21.2% (49) 78.8% (182)
6.
If so, what were the reasons for the wait time before you got to the  gate?  7.  Did you have an appointment time?
79.5% (186) 20.5% (48)
8.
For the last time you experienced detention time, what was the  reason?  9.   For the last time you experienced detention time, how did the  detention time impact you, if at all?  10.   What type of freight were you hauling?  11.   What type of facility were you delivering to or picking up freight  from?
12.
In general, does detention time impact your ability to meet federal  hours of service requirements?
87.2% (204) 12.8% (30)
13.
If yes, in what way does it impact?  14.   Besides the reason you mentioned previously, are there other  reasons for why you have experienced detention time in the past?  15.   Besides the impacts you mentioned, has detention time impacted  you in other ways in the past?  16.   Are you an owner operator, an owner operator leased, or a  company driver?
30.4% (89) 10.2% (30) 59.0% (173)
17.   Are you paid according to your mileage or by a percentage, hourly,  or by some other method?
64.7% (189) 25.7% (75) 2.7% (8) 6.8% (20)
18.   Are you a long-haul or short-haul driver?
79.0% (230) 7.2% (21)
Both long haul and short haul  13.7% (40)
19.
Are you an individual or team driver?
88.0% (257) 11.3% (33) 0.7% (2)
section_title: Appendix III: Example of a Driver Log Book
subsections: section_title: Date
paragraphs: - Submit to crrier within 1(ONE CALENDAR DAY - 24 HOURS)
ORIGINAL DUPLICATE - Driver retin possssion for eight d(TOTAL MILES DRIVING TODAY)
VEHICLE NUMBERS - (SHOW EACH UNIT)
section_title: Name of carrier
section_title: Main office address
paragraphs: (NAME OF CARRIER OR CARRIERS) (DRIVER’S SIGNATURE IN FULL) (MAIN OFFICE ADDRESS) (NAME OF CO-DRIVER)
section_title: Shipping document number(s), or name of shipper and commodity
paragraphs: According to FMCSA, the regulations do not say what a log form must  look like. However, it must include a 24-hour graph grid, in accordance  with regulations, and the following information on each page, according to  the agency:    Date: Drivers must write down the month, day, and year for the beginning  of each 24-hour period. (Multiple consecutive days off duty may be  combined on one log page, with an explanation in the “Remarks.”)
Total miles driving today: Drivers must write down the total number of  miles driven during the 24-hour period.
Motor coach/bus number: Drivers must write down either the vehicle  number(s) assigned by their company, or the license number and licensing  state for each truck (and trailer, if any) driven during the 24-hour period.
Name of carrier: Drivers must write down the name of the motor  carrier(s) they are working for. If drivers work for more than one carrier  in a 24-hour period, they must list the times they started and finished work  for each carrier.
Main office address: Drivers must write down their carrier’s main office  address.
Signature: Drivers must certify that all of their entries are true and correct  by signing their log with their legal name or name of record.
Name of co-driver: Drivers must write down the name of their co-driver, if  they have one.
Time base to be used: Drivers must use the time zone in effect at their  home terminal. Even if they cross other time zones, they must record time  as it is at their terminal. All drivers operating out of their home terminal  must use the same starting time for the 24-hour period, as designated by  their employer.
Total hours: Drivers must add and write down the total hours for each  duty status at the right side of the grid. The total of the entries must equal  24 hours (unless you are using one page to reflect several consecutive days  off duty).
Remarks: This is the area where drivers must list the city, town, or village,  and state abbreviation when a change of duty status occurs. Drivers  should also explain any unusual circumstances or log entries that may be  unclear when reviewed later, such as encountering adverse driving  conditions.
Shipping document number(s), or name of shipper and commodity: For  each shipment, drivers must write down a shipping document number  (such as a charter order or a bus bill) or the name of the shipper and what  they are hauling.
section_title: Appendix IV: North American Standard Driver and Vehicle Inspection Levels
paragraphs: Appendix IV: North American Standard Driver  and Vehicle Inspection Levels An inspection that includes examination of driver’s license; medical examiner’s  certificate and waiver, if applicable; alcohol and drugs; driver’s record of duty status as  required; hours of service; seat belt; vehicle inspection report; brake system; coupling  devices; exhaust system; frame; fuel system; turn signals; brake lamps; tail lamps;  head lamps; lamps on projecting loads; safe loading; steering mechanism; suspension  tires; van and open-top trailer bodies; wheels and rims; windshield wipers; and  emergency exits on buses and hazardous materials requirements, as applicable.
An examination that includes each of the items specified under the North American  Standard Inspection. As a minimum, level II inspections must include examination of:  driver’s license; medical examinees certificate and waiver, if applicable; alcohol and  drugs; driver’s record of duty status as required; hours of service; seat belt; vehicle  inspection report; brake system; coupling devices; exhaust system; frame; fuel system;  turn signals; brake lamps; tail lamps; head lamps; lamps on projecting loads; safe  loading; steering mechanism; suspension; tires; van and open-top trailer bodies;  wheels and rims; windshield wipers; emergency exits on buses; and hazardous  materials requirements, as applicable. It is contemplated that the walk-around  driver/vehicle inspection will include only those items that can be inspected without  physically getting under the vehicle.
A roadside examination of the driver’s license, medical certification and waiver, if  applicable; driver’s record of duty status as required; hours of service; seat belt; vehicle  inspection report; and hazardous materials requirement, as applicable.
Inspections under this heading typically include a one-time examination of a particular  item. These examinations are normally made in support of a study or to verify or refute  a suspected trend.
An inspection that includes each of the vehicle inspection items specified under the  North American Standard Inspection (level I), without a driver present, conducted at  any location.
An inspection for select radiological shipments, which include inspection procedures,  enhancements to the level I inspection, radiological requirements, and the enhanced  out-of-service criteria. Select radiological shipments include only highway route  controlled quantities as defined by title 49 section 173.403 and all transuranics.
section_title: Appendix V: GAO Contact and Staff Acknowledgments
subsections: section_title: GAO Contact
section_title: Staff Acknowledgments
paragraphs: In addition to the name above, key contributors to this report were Sara  Vermillion (Assistant Director), Amy Abramowitz, Richard Bulman,  Lauren Calhoun, Delwen Jones, Sara Ann Moessbauer, Joshua Ormond,  Tim Schindler, Elizabeth Wood, and Adam Yu.