HOURS of SERVICE * USA - OPINION: Commercial Trucker's HOS Violations Put Driving Public at Risk

The rules neglect that when commercial truckers are paid over-time and for distance travelled, there is an incentive to violate these hour requirements

Salt Lake City,UTH,USA -Injury Board, by Mark Williams (attorney) -August 23, 2009: -- There are perhaps few things more dangerous on our highways than a sleepy commercial truck driver. In order to address this, the Federal Motor Carriers Safety Administration (FMCSA) adopts “hours of service” rules for drivers of commercial trucks, semis, and big-rigs... The most recent news, has included word that the FMCSA would adopt the 2007 interim rule as final, effective at the beginning of this year... The interim – and now final – rule preserved the basic framework of the regulations, which allows 11 hours of driving within a 14 hour work shift. Those 11 hours are supposed to be followed by 10 off-duty hours. Drivers’ hours are limited by rules that cap the total number of permissible drive-hours in a week to 60 (in seven days), but in an eight day period a worker can drive up to 70 hours. The clock on these driving hours can be reset by a 34 consecutive off-duty hours... While the 10 and 14 hour limitations were meant to reduce fatigue, they may also have impacted the FMCSA’s decision to allow operational flexibility in increased drive hours... The rules are supposedly based on scientific data about fatigue rates for drivers, but seem to neglect that when commercial truckers are paid over-time and for distance travelled, there is an incentive to violate these hour requirements... Administration statistics showed that over 100,000 accidents are caused by sleep deprivation each year – and with the heavy loads and size of commercial trucks, it is no wonder that there is so much cause for concern... (Photo from allposters: Truck driving at sunset)