Committee seeks crackdown on dock ‘retention’

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WASHINGTON — Federal transport regulators should handle jurisdiction over shippers, receivers and brokers who "unduly detain" truck drivers, The Motor Carrier Safety Advisory Committee has recommended.

In a letter to FMCSA Administrator Anne Ferro, David Parker, chairman of the MCSAC, said the agency should seek legal authority to take action against companies that cause or contribute to FMCSA safety violations, including carriers’ own customers.

These parties have the power to ‘unduly detain’ drivers during the loading and unloading of trailers, sometimes for days on end. The delays can potentially affect a driver’s ability to make delivers on time or comply with hours of service regulations, the Committee stated.

Parker said the FMCSA has authority over drivers and carriers, but needs more authority over shippers who play an important role in highway safety.

Parker also acknowledged that Congress has already recognized the importance of this issue as evidenced by a bill sponsored by Rep. Peter DeFazio, which aims to place a limit on the number of hours a shipper can detain a driver. The bill is currently in the House subcommittee on Highways and Transit.

The Government Accountability Office found 65 percent of 300 surveyed drivers reporting detention in a one-month period. Of those, 80 percent had difficulty complying with hours of service.

Moreover, the FMCSA estimates undue detention costs the industry in excess of $3 billion annually. The MCSAC recommend the FMCSA conduct additional studies suggested by the GAO report.

Additionally, Parker recommended the FMCSA set up a complaint line for drivers being unduly detained, seek action against detaining parties that place drivers in violation of HOS rules, and develop a ‘Truck Driver’s Bill of Rights’. The bill of rights would include detention compensation for drivers among roadside amenities like access to showers and food.

Todd Spencer, executive vice president of the Owner-Operator Independent Driver’s Association has called driver detention the "biggest productivity or efficiency problem in trucking."

According to OOIDA, drivers spend 30-40 each week on loading docks, which the organization finds unacceptable.

— with files from Truckinginfo.com

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