As federal regulators weigh new ways to carve more “flexibility” into hours-of-service, the message from the driver’s seat is getting sharper: the real safety and retention lever is compensation, not squeezing extra productivity out of the 14-hour clock. That sentiment dominated a recent federal listening effort covered by FreightWaves, where drivers stressed that unpaid wait time and the lack of overtime protections are hollowing out the job — and that any change that effectively stretches the workday risks making things worse, not better.
The policy backdrop shifted again late this week — but not in a way that addresses pay. On Friday, Sept. 26, the U.S. Department of Transportation unveiled a crackdown on non‑domiciled commercial driver licensing, citing flawed state practices and announcing an interim rule that will force annual, in‑person renewals and tighter federal database checks. DOT officials warned California it could lose up to $160 million in federal highway funds if it fails to comply within 30 days. While DOT framed the move as a safety push, the practical effect could be a notably smaller labor pool: FMCSA’s own tally indicates roughly 200,000 non‑domiciled CDL holders exist today, and the agency expects a large share will fall out under the new regime. Fewer available drivers typically translate to tighter capacity and upward pressure on freight rates — dynamics that will test fleets already struggling to staff seats without overloading schedules.
For drivers who told the feds they need “more money, not more hours,” the timing is telling. Losing a slice of the workforce could nudge carriers to boost wages and pay for all on‑duty time — including detention — rather than leaning on rule tweaks that extend duty windows. That’s the core of the ask: compensate the hours drivers are on the clock, especially the hours they can’t control, and turnover and fatigue fall. If compensation doesn’t improve while capacity tightens, the pressure will land on the same handful of levers — longer shifts, forced creativity with sleeper splits, and “make‑up” miles — the very behaviors drivers say undermine safety.
Costs aren’t standing still either. Diesel has drifted higher this week, with AAA pegging the U.S. retail average at around $3.69 per gallon on Sept. 25–26, adding fresh strain to owner‑operators and small fleets whose margins live and die on fuel and detention dynamics. Global oil prices also climbed heading into the weekend as Russia restricted fuel exports amid supply disruptions — a reminder that volatility can wipe out thin operating cushions and magnify the pain of unpaid time.
What this means for fleets: matching policy “flexibility” with pay discipline. If the driver pool tightens as DOT’s licensing overhaul bites, carriers that guarantee pay for all on‑duty hours (including detention), enforce reasonable dispatches, and bake detention penalties into shipper contracts will have an edge in recruitment and safety outcomes. Those who try to cover the gap by stretching clocks will likely see higher attrition and more compliance risk — especially as regulators signal they’re willing to pull financial levers against states and, by extension, programs that cut corners.
What this means for shippers: detention is no longer a soft cost. With FMCSA collecting data through its hours pilots and DOT spotlighting systemic failures elsewhere, chronic delays that push drivers against their 14‑hour window are drawing more regulatory and media oxygen. The practical playbook is familiar — appointment integrity, live‑load discipline, better yard management — but the stakes are rising as carriers pass through costs and drivers opt out of facilities that treat their time like free inventory control.
What this means for policymakers: if the aim is safer highways and a stable freight workforce, aligning incentives matters more than carving new exceptions. The Sept. 26 licensing action underscores DOT’s safety-first posture. Pairing that with policies that ensure drivers are paid for all work — and that detention isn’t offloaded onto their backs — would meet drivers where they are: asking to make a living within the hours they’re already allowed to work.
Sources: FreightWaves, Overdrive, Transport Topics, AAA, Reuters
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