In comments submitted to DOT regarding USPS’ request for Hours of Service change for contract drivers, Roger D. Bullard wrote:

“As a USPS contractor of 12 years, I am writing belatedly to express my opinion concerning the USPS HOS exemption request. It appears that the reason the USPS wants this exemption for its contractors, is due to mostly economic reasons. Under the old rules, when a contractor bid a USPS mail hauling contract as an owner/operator, he was able to bid it without adding in the cost of an additional driver. When the new HOS rules went into place, suddenly the USPS was (and is) faced with the prospect of having to pay out the cost of adding an additional driver on these type of contracts in order to meet the new rules. Of course, this can be very costly to the USPS.”

To understand the monetary impact on the USPS more fully, read the recent contract appeals decision: Fleming vs. USPS, PSBCA No. 5197–
http://www.usps.com/judicial/BCAD/2006deci/5197.htm

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L.P Fleming, Jr. Inc vs USPS

L.P. Fleming, Jr. Inc., appealed the contracting officer’s denial of its claim for additional “costs incurred in performing its contract with USPS, for the transportation of mail by truck between Raleigh, North Carolina, Roanoke, Virginia, and Binghamton, New York.”  Fleming alleged he incurred ”increased costs because of a change in the Department of Transportation (DOT) regulations regarding maximum allowable driving time and minimum required rest periods for truck drivers.” 

Under new DOT rules “drivers were no longer allowed to drive up to 12 hours, but were restricted to a maximum of 11 hours.  In addition, a 10-hour, rather than an 8-hour, rest period was required before the same driver could drive the return trip, which was also limited by the 11-hour maximum.  Therefore, it was no longer permissible under the contract for a single driver to operate the round trip.  Fleming ran his contract route using teams of drivers.  This required Fleming to hire additional drivers and incur their salary costs and the costs of hotel space in order to operate within the dictates of the revised DOT regulations.”

The Administrative Judges ruled that because of the change, Fleming is entitled to the amount of $32,772.91, plus Contract Disputes Act interest.

Related link: USPS Application for Hours of Service Exemption - also read other selected commentss.