The jury is still out on whether HOS changes have been effective

March 05, 2014 (Press-News.org) The jury is still out on whether HOS changes have been effective

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One of the many recurring safety issues facing truck drivers is driver fatigue. Due to the demands of the job, where transporting goods thousands of miles on tight deadlines is business as usual, drivers put in long hours to ensure that their cargo is delivered timely.

Since fatigued truck drivers are a major cause of serious and fatal car accidents, the amount of sleep that truck drivers must get before performing their job duties is regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations are called hours of service (HOS) rules.

On July 1, 2013, the FMCSA implemented new HOS rules that it believes will significantly reduce truck accidents due to driver fatigue. Under the rules, the FMCSA reduced the amount that interstate truck drivers may drive per week by 12 hours to a maximum of 70 hours. Once drivers reach their 70-hour maximum, they must now rest for at least 34 consecutive hours. Additionally, the HOS rules also force drivers to take a mandatory 30-minute break during the first eight hours of their shifts.

Effectiveness of changes controversial

Depending on who you ask, the FMCSA changes to the HOS have been a success or failure. The FMCSA believes that the changes have been a success, because a recent study by the Washington State University Sleep and Performance Research Center, found that the changes made by the new rules are more effective at stopping fatigue than the old rules were.

The study compared two groups of truck drivers, each group having a different rest period length. The researchers found that drivers who worked shifts having had two nighttime periods (such as the ones mandated in the new rules), reported less sleepiness, fewer distractions and had less trouble staying in their lanes than those who only had one nighttime period (which was typical under the old rules).

The study has had its share of detractors, mainly in the trucking industry. The American Trucking Associations released a statement saying that the study is too narrow, because it lacks analysis on the possible effects of the 34-hour rest period, such as forcing truck drivers to be on the road during rush hours, which it argues could potentially cause an increase in truck accidents.

Additionally, the Owner-Operator Independent Driver Association, released a separate study on the new HOS changes, which concluded that the new rules make drivers caused drivers to be less productive, more fatigued and more stressed.

Consult an attorney

Regardless of whether the FMCSA or the trucking industry is correct about the rule changes, it does not change the fact that the number people killed in truck accidents has increased each year since 2009. Although driver fatigue is a leading cause of such accidents, many are caused by other things such as distracted truck drivers, substandard truck maintenance or improper loading. As a result, the HOS changes, at best, can only hope to reduce a fraction of the total number of accidents.

If you or a loved one has been injured by a truck accident caused by driver fatigue or other factors, contact an experienced personal injury attorney. An attorney can ensure that you receive fair compensation for your medical expenses, lost wages and other losses stemming from the accident.