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United States Government Accountability Office: 
GAO: 

Report to the Ranking Member, Subcommittee on Highways and Transit, 
Committee on Transportation and Infrastructure, House of 
Representatives: 

January 2011: 

Commercial Motor Carriers: 

More Could Be Done to Determine Impact of Excessive Loading and 
Unloading Wait Times on Hours of Service Violations: 

GAO-11-198: 

GAO Highlights: 

Highlights of GAO-11-198, a report to the Ranking Member, Subcommittee 
on Highways and Transit, Committee on Transportation and 
Infrastructure, House of Representatives. 

Why GAO Did This Study: 

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. 

What GAO Found: 

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. 

What GAO Recommends: 

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. 

View [hyperlink, http://www.gao.gov/products/GAO-11-198] or key 
components. For more information, contact Susan Fleming, 202-512-2834, 
flemings@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Some Truck Drivers May Experience Detention Time Regularly Due to 
Several Contributing Factors: 

Detention Time Can Result in Reduced Driving Time and Lost Revenue: 

Additional Information on Factors Contributing to Hours of Service 
Violations Could Help FMCSA Determine the Impact of Detention Time on 
These Violations: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Truck Driver Structured Interview Questions and Results 
for Closed-Ended Questions: 

Appendix III: Example of a Driver Log Book: 

Appendix IV: North American Standard Driver and Vehicle Inspection 
Levels: 

Appendix V: GAO Contact and Staff Acknowledgments: 

Table: 

Table 1: Top 10 Driver Out-of-Service Violations from U.S. Roadside 
Inspections in 2009: 

Figures: 

Figure 1: Examples of Different Vehicle Body Types: 

Figure 2: Description of the Steps Typically Involved in Moving Cargo: 

Figure 3: History of Relevant Legislation Affecting Motor Carrier 
Regulation: 

Figure 4: Components of a Sample Driver Log Book: 

Abbreviations: 

DOT: Department of Transportation: 

FHWA: Federal Highway Administration: 

FMCSA: Federal Motor Carrier Safety Administration: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

January 26, 2011: 

The Honorable Peter A. DeFazio:
Ranking Member:
Subcommittee on Highways and Transit:
Committee on Transportation and Infrastructure:
House of Representatives: 

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. 
[Footnote 1] 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.[Footnote 2] 
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.[Footnote 3] 
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 appendix I for a more 
detailed discussion of our scope and methodology. See appendix II for 
the results of the structured interview close-ended questions). 

Background: 

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[Footnote 4] officials, there 
are about 737,000 interstate carriers registered with FMCSA.[Footnote 
5] 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.[Footnote 6] (See figure 1 for 
examples of vehicles.) 

Figure 1: Examples of Different Vehicle Body Types: 

[Refer to PDF for image: 4 photographs] 

Refrigerated truck: 
Tanker truck: 
Flatbed truck: 
Dry van. 

Source: GAO. 

[End of figure] 

* 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. 

Figure 2: Description of the Steps Typically Involved in Moving Cargo: 

[Refer to PDF for image: illustration] 

Receiver: 
The receiver places an order and sets a delivery date with the shipper. 

Shipper: 
The shipper sets a shipping date and contracts with a carrier. The 
contract includes the services to be provided, the commodities to be 
transported, and the rates charged. 

Carrier: 
The carrier receives the shipment information and ensures the 
paperwork is in order; assigns the vehicle to transport the shipment; 
calls the shipper or the shipper’s consignee warehouse for a pick-up 
appointment (if the shipper has an appointment system); and calls the 
receiver to schedule a delivery appointment. 

Shipper's facility: 
The truck driver proceeds to the shipper’s facility where the cargo is 
loaded onto the truck. (potential detention time) 

Transporting cargo: 
The driver transports the cargo from the shipper’s facility to the 
receiver’s facility. (through distribution center, with potential 
detention time) 

Receiver's facility: 
The receiver inspects the cargo for damage and unloads the vehicle. 
(potential detention time) 

Source: GAO. 

[End of figure] 

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. 

Figure 3: History of Relevant Legislation Affecting Motor Carrier 
Regulation: 

[Refer to PDF for image: time line] 

1935: 
The Motor Carrier Act, 1935[A] passes, placing responsibilities on the 
Interstate Commerce Commission (ICC) to regulate motor carriers in the 
areas of economic health and safety. The act provides for the ICC to 
establish requirements for the qualifications and maximum hours of 
service for drivers of a motor carrier.[B] The act also provides the 
ICC with the authority to control operating permits, approve trucking 
routes, and set tariff rates. 

1967: 
Motor carrier safety responsibilities are transferred to the newly-
created Department of Transportation (DOT), where they are then 
delegated to the Federal Highway Administrator.[C] ICC retains 
economic regulatory authority; for instance, the Commission can issue 
operating certificates and receive tariffs, among other ancillary 
functions. DOT acquires safety functions of motor carriers and ICC 
retains economic regulatory responsibility. 

1980: 
The Motor Carrier Act of 1980 substantially deregulates the industry 
by easing entry and ratemaking requirements, and deregulating the 
routes and geographic regions that motor carriers can serve, among 
other things.[D] ICC’s limited responsibilities are clearly set out in 
the new law. 

1994: 
The Trucking Industry Regulatory Reform Act of 1994 further 
deregulates the industry by eliminating the tariff filing requirement 
for most motor carriers.[E] Among other ancillary functions, ICC 
retains rate dispute and licensure responsibilities. 

1995: 
All economic control of the industry is eliminated with the passage of 
the ICC Termination Act of 1995.[F] 

2000: Responsibilities for motor carrier safety are transferred from 
the Federal Highway Administration (FHWA) to Federal Motor Carrier 
Safety Administration (FMCSA) with the passage of the Motor Carrier 
Safety Improvement Act of 1999.[G] 

Source: GAO. 

Note: This chart represents a brief history of major pieces of motor 
carrier legislation that have had an impact on regulation of the motor 
carrier industry and that are relevant to this report. This chart does 
not represent a complete history of major legislation in the motor 
carrier industry. 

[A] Pub. L. No. 74-255, 49 Stat. 543 (1935). Prior to the passage of 
this act, the industry was regulated by the states. 

[B] Pub. L. No. 74-255, § 204, 49 Stat. 543, 546 (1935). 

[C] Department of Transportation Act, Pub. L. No. 89-670, § 6, 80 
Stat. 931, 940 (1966). The act became effective on April 1, 1967. 

[D] Pub. L. No. 96-296, 94 Stat. 793 (1980). 

[E] Pub. L. No. 103-311, Title II, 108 Stat. 1673 (1994). 

[F] Pub. L. No. 104-88, 109 Stat. 803. 

[G] Pub. L. No. 106-159, § 101, 113 Stat. 1748, 1750 (1999). The 
transfer provision became effective on January 1, 2000. See section 
107 of the act. 

[End of section] 

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.[Footnote 7] 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,[Footnote 8] 11 hours of which 
can be "driving time,"[Footnote 9] and a prohibition on driving after 
60 or 70 hours of on duty time per week, with certain exceptions and 
exemptions.[Footnote 10] 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.[Footnote 11] This 14- 
hour period begins when the driver starts any kind of work or is 
required to be in readiness to work,[Footnote 12] 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.[Footnote 13] 

* 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.[Footnote 14] A driver may restart the 60-or 70-hour "week" by 
taking at least 34 consecutive hours off duty.[Footnote 15] 

- 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.[Footnote 16] 

- 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." 
[Footnote 17] 

- A driver may restart the 60-or 70-hour "week" by taking at least 34 
consecutive hours off duty.[Footnote 18],[Footnote 19] 

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.[Footnote 20] 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"[Footnote 21]--commonly referred to as a 
driver's log, daily log, or log book[Footnote 22]--either in written 
form or electronically using an automatic or electronic on-board 
recording device.[Footnote 23] 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.[Footnote 24] During certain types of 
inspections, these inspectors check the drivers' logs for compliance 
with hours of service regulations.[Footnote 25] 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.[Footnote 26] 

Some Truck Drivers May Experience Detention Time Regularly Due to 
Several Contributing Factors: 

About Two-Thirds of Interviewed Drivers Experienced Detention Time 
within the Last Month: 

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.[Footnote 27] 
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,[Footnote 28] 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.[Footnote 29] 

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. 

Several Factors Can Contribute to Detention Time: 

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.[Footnote 
30] 

* 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. 

Detention Time Can Result in Reduced Driving Time and Lost Revenue: 

Detention Time Can Impact the Ability of Drivers to Make Scheduled 
Deliveries within the Hours of Service Requirements: 

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. 

Detention Time Can Result in Lost Revenue, Particularly for 
Independent Owner Operators: 

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. 
[Footnote 31] 

* 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. 

Additional Information on Factors Contributing to Hours of Service 
Violations Could Help FMCSA Determine the Impact of Detention Time on 
These Violations: 

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.[Footnote 32] 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.[Footnote 33] 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. 

Table 1: Top 10 Driver Out-of-Service Violations from U.S. Roadside 
Inspections in 2009: 

Violation: 1. 14-hour rule violation; 
Percentage of out-of-service violations: 15.4%. 

Violation: 2. No driver's record of duty status; 
Percentage of out-of-service violations: 13.3%. 

Violation: 3. False report of driver's record of duty status; 
Percentage of out-of-service violations: 13.2%. 

Violation: 4. Driver failing to retain previous 7 days' logs; 
Percentage of out-of-service violations: 12.5%. 

Violation: 5. 11-hour rule violation; 
Percentage of out-of-service violations: 9.2%. 

Violation: 6. Operating a commercial motor vehicle without a 
commercial driver's license; 
Percentage of out-of-service violations: 6.0%. 

Violation: 7. Not licensed for vehicle type being operated; 
Percentage of out-of-service violations: 5.5%. 

Violation: 8. Local laws (general); 
Percentage of out-of-service violations: 4.7%. 

Violation: 9. Driving a commercial motor vehicle while disqualified; 
Percentage of out-of-service violations: 4.0%. 

Violation: 10. 60/70-hour rule violation; 
Percentage of out-of-service violations: 2.6%. 

Source: Federal Motor Carrier Safety Administration Motor Carrier 
Management Information System. 

Notes: 

Roadside inspections are based on inspection levels I, II, III, and VI. 

2009 data as of December 18, 2009, snapshot. 

These data include violations from both interstate and intrastate 
carriers. According to FMCSA, most of the states have adopted FMCSA 
regulations under state law, which would then capture intrastate 
carriers. Also, many of the states require intrastate carriers to 
acquire United States DOT numbers, and are thus captured in the Motor 
Carrier Management Information System. 

[End of table] 

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,[Footnote 34] 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.[Footnote 35] 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[Footnote 36] 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.[Footnote 37] 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.[Footnote 38] 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.[Footnote 39] 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.[Footnote 40] 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.[Footnote 41] The study used an 
inspection form and a data collection form to acquire additional 
information outside of the standard inspection.[Footnote 42] 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. 

Conclusions: 

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. 

Recommendations for Executive Action: 

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. 

Agency Comments and Our Evaluation: 

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 [hyperlink, 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. 

Signed by: 

Susan A. Fleming: 
Director, Physical Infrastructure Issues: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

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,[Footnote 43] the Motor Carrier Act of 1980, 
[Footnote 44] and the ICC Termination Act of 1995[Footnote 45]; and 
other relevant trucking industry requirements and rules, such as 49 
C.F.R. part 395, and the electronic on-board recorder rule.[Footnote 
46] 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. 

[End of section] 

Appendix II: Truck Driver Structured Interview Questions and Results 
for Closed-Ended Questions: 

1. When was the last time you experienced detention time? Was it:
In the last 7 days: 51.0% (154); 
In the last 7 days: In the last 2 weeks; 7.9% (24); 
In the last 7 days: In the last month; 8.6% (26); 
In the last 7 days: More than 1 month ago; 10.6% (32); 
In the last 7 days: Does not experience detention time; 21.9% (66). 

2. Did you collect detention fees?
Yes; 35.3% (83); 
No; 62.6% (147); 
Sometimes; 2.1% (5). 

3. Does the company you work for collect detention fees?
Yes; 53.4% (125); 
No; 18.4% (43); 
Sometimes; 2.1% (5); 
Don't know; 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?
Yes; 21.2% (49); 
No; 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?
Yes; 79.5% (186); 
No; 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?
Yes; 87.2% (204); 
No; 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?
Owner operator; 30.4% (89); 
Owner operator leased; 10.2% (30); 
Company driver; 59.0% (173). 

17. Are you paid according to your mileage or by a percentage, hourly, 
or by some other method?
Mileage; 64.7% (189); 
Percentage; 25.7% (75); 
Hourly; 2.7% (8); 
Other; 6.8% (20). 

18. Are you a long-haul or short-haul driver?
Long haul; 79.0% (230); 
Short haul; 7.2% (21); 
Both long haul and short haul; 13.7% (40). 

19. Are you an individual or team driver?
Individual; 88.0% (257); 
Team; 11.3% (33); 
Both individual and team; 0.7% (2). 

[End of section] 

Appendix III: Example of a Driver Log Book: 

Figure 4: Components of a Sample Driver Log Book: 

[Refer to PDF for image: illustration] 

U.S. Department Of Transportation: 
Driver's Daily Log: (One Calendar Day - 24 Hours): 
Original: Submit to carrier within 13 days; 
Duplicate: Driver retains possession for eight days. 

Date: (Month) (Day) (Year): 

Total Miles Driving Today: 

Vehicle Numbers - (Show Each Unit): 

Name Of Carrier Or Carriers: 

I certify these entries are true and correct: 

Driver’s signature/certification: 

Main office address: 

Name Of Co-Driver: 

24-hour period starting time: 

1. Off Duty: Hours: 
2. Sleeper Berth: Hours: 
3. Driving: Hours: 
4. On Duty (Not Driving): Hours: 
Remarks: 
Total hours: 

Pro shipping No.: Shipping document number(s) or name of shipper and 
commodity. 

Source: Federal Motor Carrier Safety Administration. 

[End of figure] 

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. 

[End of section] 

Appendix IV: North American Standard Driver and Vehicle Inspection 
Levels: 

Level: I; 
Type: North American Standard inspection; 
Description: 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. 

Level: II; 
Type: Walk-around driver/vehicle inspection; 
Description: 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. 

Level: III; 
Type: Driver-only inspection; 
Description: 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. 

Level: IV; 
Type: Special inspections; 
Description: 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. 

Level: V; 
Type: Vehicle-only inspection; 
Description: 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. 

Level: VI; 
Type: Enhanced North American standard inspection for radioactive 
shipments; 
Description: 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. 

Source: Federal Motor Carrier Safety Administration. 

[End of table] 

[End of section] 

Appendix V: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Susan Fleming, (202) 512-2834 or flemings@gao.gov: 

Staff Acknowledgments: 

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. 

[End of section] 

Footnotes: 

[1] While there is no standard definition, detention time is commonly 
defined by the industry as any time drivers have to wait beyond 2 
hours, which is the average time it takes to load or unload their 
cargo. 

[2] The study's methodology included a literature review, industry 
stakeholder outreach sessions, and follow-up industry interviews. The 
study did not cite any data used to estimate the $4 billion potential 
gain. The estimated $4 billion includes the waiting time loading and 
unloading, and waiting in ports. Motor Carrier Efficiency Study Phase 
I, Federal Motor Carrier Safety Administration, Washington D.C., 
February 2009. 

[3] 49 C.F.R. part 395. Hours of service regulations apply to 
interstate truck drivers. 

[4] The Federal Motor Carrier Safety Administration was formerly a 
part of the Federal Highway Administration. 

[5] There are 737,000 interstate motor carriers that have active DOT 
numbers, but out of these motor carriers, only 505,000 motor carriers 
have had any activity within the last 3 years. FMCSA officials stated 
they are starting to use the lower numbers for public information. 

[6] For example, dry trailers can carry cargo ranging from electronic 
products to dry food products. Tanker trailers are more limited in 
that a tanker that carries milk will not carry gasoline. 

[7] FMCSA was established in 2000 pursuant to the Motor Carrier Safety 
Improvement Act of 1999. Pub. L. No. 106-159, § 101, 113 Stat. 1748, 
1750 (1999). 

[8] 49 C.F.R. § 395.3(a)(2). On-duty time means all the time from the 
time a driver begins to work or is required to be in readiness to work 
until the time the driver is relieved from work and all responsibility 
for performing work. See 49 C.F.R. § 395.2 for examples of "on-duty 
time." According to FMCSA, any time spent doing something other than 
those tasks listed in 49 C.F.R. § 395.2 constitutes off duty time. 

[9] 49 C.F.R. § 395.3(a)(1). Driving time means all time spent at 
driving controls of commercial motor vehicle in operation. 49 C.F.R. § 
395.2. This includes detention time if a driver is in control of the 
vehicle. 

[10] 49 C.F.R. § 395.3(b). See 49 C.F.R. § 395.1 for exceptions and 
exemptions to all duty period limitations. 

[11] 49 C.F.R. § 395.3(a)(2). 

[12] See definition of "on-duty time." 49 C.F.R. § 395.2. 

[13] 49 C.F.R. § 395.3(a)(1). 

[14] 49 C.F.R. § 395.3(b). 

[15] 49 C.F.R. § 395.3(c)(1), (c)(2). 

[16] 49 C.F.R. § 395.3(b)(1). 

[17] 49 C.F.R. § 395.3(b)(2). 

[18] 49 C.F.R. § 395.3(c). 

[19] On December 29, 2010, FMCSA issued a Notice of Proposed 
Rulemaking (NPRM) proposing to revise the regulations for hours of 
service for drivers of property-carrying commercial motor vehicles. 75 
Fed. Reg. 82170 (Dec. 2010). Among other things, the proposed rule 
would make seven changes from current requirements, including: (1) 
limiting drivers to either 10 or 11 hours of driving time following a 
period of at least 10 consecutive hours off duty; (2) limiting the 
driving window to 14 hours, while allowing that number to be extended 
to 16 hours twice per week; (3) limiting actual duty time within the 
driving window to 13 hours; (4) allowing driving only if seven hours 
or less have passed since a driver's last off-duty or sleeper-berth 
period of at least 30 minutes; (5) retaining the 34-hour restart 
provision, subject to certain limits: the restart must include two 
periods between midnight and 6 a.m. and could be started no sooner 
than 168 hours (7 days) after the beginning of the previously 
designated restart; (6) altering the definition of "on duty" to 
provide flexibility to team drivers to allow some time spent in the 
passenger seat to be logged as "off duty"; and (7) clarifying the 
oilfield operations exception language on waiting time. Comments must 
be submitted on the proposed rule by February 28, 2011. This NPRM is 
in response to a 2008 legal challenge by Public Citizen and other 
organizations to the 2008 iteration of the hours of service rules. 
Public Citizen v. FMCSA, No. 09-1094 (DC Cir. filed March 9, 2009). 
The parties entered into a settlement agreement on October 26, 2009 
where they agreed to hold the case in abeyance pending issuance of a 
new NPRM on the hours of service regulations promulgated in 2008. In 
accordance with the agreement, FMCSA must publish a final rule by July 
26, 2011, and according to FMCSA officials, they are on track to issue 
the final rule on time. 

[20] 49 C.F.R. § 395.2. 

[21] 49 C.F.R. § 395.8. 

[22] See appendix III for example of a driver log book. 

[23] In April 2010, FMCSA issued a new rule that requires interstate 
commercial truck and bus companies with serious patterns of hours of 
service violations to install electronic on-board recorders in all 
their vehicles. Electronic on-board recorders are devices attached to 
commercial vehicles that automatically record the location, miles 
traveled, and number of hours drivers spend operating the vehicle. 
Additionally, the rule allows other compliant carriers to install on- 
board recorders to document compliance with hours of service 
requirements and updates existing performance standards for on-board 
recording devices. 75 Fed. Reg. 17208 (April 2010). According to 
FMCSA, nearly 5,700 interstate carriers will use electronic on-board 
recorders after the final rule's first year of implementation. The 
rule will go into effect on June 1, 2012. FMCSA officials stated they 
will soon initiate a rulemaking to consider an electronic on-board 
mandate for a broader population of commercial motor carriers. 

[24] Inspections are part of the Motor Carrier Safety Assistance 
Program (MCSAP), which is a federal grant program that provides 
financial assistance to states to reduce the number and severity of 
crashes and hazardous materials incidents involving commercial motor 
vehicles. The MCSAP also sets forth the conditions for participation 
by states and local jurisdictions and promotes the adoption and 
uniform enforcement of safety rules, regulations, and standards 
compatible with Federal Motor Carrier Safety Regulations and Federal 
Hazardous Materials Regulations for both interstate and intrastate 
motor carriers and drivers. 49 C.F.R. § 350.101. 

[25] See appendix IV for more detailed descriptions of the six levels 
of inspections. 

[26] Safety audits and compliance reviews also provide education and 
outreach opportunities for motor carriers and drivers on safety and 
hazardous materials regulations. 

[27] GAO asked drivers when the last time was they experienced 
detention time. 

[28] In our structured interviews, we defined detention time as having 
to wait more than 2 hours before truckers could load or unload their 
cargo. Despite this definition, 4 truckers considered a wait time of 
less than 2 hours to be detention time. 

[29] 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. 

[30] Percentages do not add up to 100 because drivers could provide 
more than one factor. Percentages are based on the number of drivers 
who experienced detention time previously. 

[31] If a motor carrier's mitigation efforts reduce detention time for 
their drivers, then there could be a corresponding effect on the 
drivers' ability to make scheduled deliveries within the hours of 
service requirements. For example, less detention time would allow for 
greater productivity within the 14-and 11-hour limits; and drivers 
would spend more time making deliveries than waiting. 

[32] According to FMCSA officials, 90 percent of these inspections are 
conducted by state officials. 

[33] An out-of-service violation is a violation that must be corrected 
before the driver and vehicle resume operation. Federal hours of 
service requirements do not apply to intrastate carriers, although 
states are required under the Motor Carrier Safety Assistance Program 
grant program to adopt hours of service rules that are "compatible" 
with federal regulations (49 C.F.R. part 350). 

[34] The study conducted a detailed literature review revealing that 
motor carrier operations, specifically profitability and safety, are 
subject to a broad array of inefficiencies. U.S. Department of 
Transportation, Federal Motor Carrier Safety Administration, The Motor 
Carrier Efficiency Study: 2007 Annual Report to Congress (Washington, 
D.C., March 2009). 

[35] The specific objectives of the study include the following: (1) 
identify inefficiencies in freight transportation; (2) evaluate safety 
and productivity improvements made possible through wireless 
technologies; and (3) demonstrate wireless technologies in field tests. 

[36] FMCSA reported on other inefficiencies aside from time loading 
and unloading, such as: waiting in ports, paperwork delay at borders, 
time in weigh stations, incident-related delay, urban routing 
problems, management tools, vehicle safety, driver safety, compliance 
review inspections, processing capacity at borders, driver turnover, 
excessive speed, cargo theft and pilferage, empty intermodal moves, 
empty miles, and vehicle maintenance. 

[37] DOT has also looked at how other factors, such as congestion, 
affect the flow and volume of freight. For example, FHWA produced a 
2009 report that provides an overview of the volume and value of 
freight flows in the United States. (U.S. Department of 
Transportation, Federal Highway Administration, Office of Freight 
Management and Operations, Freight Facts and Figures 2009 (Washington, 
D.C., November 2009)). The report does not discuss detention time 
specifically, but instead reports on traffic congestion and its impact 
on freight flow and volume. FHWA officials noted they do not collect 
detention time data, and also stated they have no current or planned 
studies specific to detention time. 

[38] U.S. Department of Transportation, Federal Motor Carrier Safety 
Administration, Investigation into Motor Carrier Practices to Achieve 
Optimal Commercial Motor Vehicle Driver Performance: Phase I, 
(Washington, D.C., December 2010). 

[39] FMCSA stated that these annual driver surveys provide a means for 
FMCSA to canvass commercial motor vehicle drivers to obtain 
demographic information as well as information pertinent to upcoming 
rulemakings. 

[40] FMCSA officials stated that the driver compensation study will 
likely be conducted by the Transportation Research Board and will 
largely be a literature review of carrier companies' payment 
structures. FMCSA will work with other federal agencies and the 
Transportation Research Board to assess the safety implications of 
commercial driver compensation and exemptions from overtime pay 
requirements in the Fair Labor Standards Act. The study will examine 
the process by which changes to the current system could be made. 

[41] U.S. Department of Transportation, Federal Highway 
Administration, Office of Motor Carrier and Highway Safety, The 
Violation of Hours of Service Regulations in Relation to the Origin of 
the Load (Washington, D.C., unpublished). 

[42] Based on this study's findings, a driver is almost two times as 
likely to have an hours of service violation if the load originated 
with a broker. Thus, the study suggested that the statistical evidence 
showed a direct relationship of broker-oriented loads with violating 
hours of service requirements. 

[43] Pub. L. No. 74-255, 49 Stat. 543 (1935). 

[44] Pub. L. No. 96-296, 94 Stat. 793 (1980). 

[45] Pub. L. No. 104-88, 109 Stat. 803 (1995). 

[46] 75 Fed. Reg. 17208 (April 2010). 

[End of section] 

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