New Rules for Commercial Truckers Could Make the Roads More Hazardous

 

The Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, has released new proposed rules for truck drivers.  Among the new rules would be a 10 hour drive time limit and a 34 hour restart period for commercial truck drivers.

"A fatigued driver has no place behind the wheel of a large commercial truck.  We are committed to an hours-of-service rule that will help create an environment where commercial truck drivers are rested, alert and focused on safety while on the job." - Transportation Secretary Ray LaHood

Although the new rules are being proposed to prevent driver fatigue and make the roads safer, some organizations like the American Association for Justice (AAJ) are worried that the proposed regulations would allow truck drivers to bypass some requirements, ultimately making the roads more hazardous.

Currently, trucking accidents kill more than 4,000 people each year.  Driver fatigue accounts for 30 to 40 percent of these fatalities.  And research suggests that truck drivers are two times more likely to be involved in an accident if they have been driving for eight consecutive hours.

Yet, FMCSA is looking to reduce the maximum driving window for truckers to just 10 hours, if they reduce it at all.  FMCSA is considering maintaining the 11 hour requirement, despite evidence that doing so will put both truck drivers and others on the roads at greater risk.

The AAJ is particularly opposed to the proposed restart period because it allows truck drivers to sidestep a 60 or 70 hour duty limit.  The organization argues that this restart period does not ensure drivers get the proper amount of rest, and instead recommends a 48 hour restart period that would shorten the work week and allow drivers time to recover from long drives.

Others have questioned FMCSA's ability to adequately supervise commercial trucking operations.  In a recent case out of Missouri, the attorneys for a deceased plaintiff, who hit a semi-truck head on because it was in the middle of a road that had limited sight distance, were able to successfully demonstrate that FMCSA did not investigate or adequately supervise the semi-truck carrier and its drivers, even though it had the resources to do so.

The comment period for the proposed rule ended in March.  The rules have not yet been promulgated, but are required to be published by July 26th.