New truck driver fatigue rules remain controversial

The new hours of service rules implemented by the FMCSA have been lauded and met with skepticism.

2014-03-07

March 07, 2014 (Press-News.org) One of the leading causes of truck accidents in the United States is driver fatigue. This is not surprising, given that drivers must often drive as far as cross-country on tight deadlines. As a result, it is seemingly inevitable that drivers would be tempted to sacrifice a few hours of sleep if it means that they make their deliveries on time.

However, doing so is illegal, as the amount of sleep that truck drivers must have before they may perform their jobs is regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA, in its hours of service regulations (HOS) sets the maximum that drivers may work in a week and how much sleep each driver must get once this maximum has been reached.

In an attempt to cut back on the number of truck accidents caused by driver fatigue, the FMCSA implemented changes to the HOS rules in mid-2013. Under the changes to the rules, the FMCSA significantly lowered the amount that interstate truck drivers may work every week to 70 hours. Previously, drivers were able to work up to 82 hours. In addition, the HOS rules were changed to force drivers to rest for 34 consecutive hours once the 70-hour maximum has been reached. In doing so, the FMCSA believes that it would allow drivers to get sufficient rest before starting a new workweek.

Changes are controversial

Like any major changes, the modification of the HOS rules has not come without controversy. Although it has been less than a year since the changes went into effect, the FMCSA believes that the changes will reduce driver fatigue. Recently, the agency released a study by the Washington State University Sleep and Performance Research Center. The study found that the FMCSA's reasoning behind the rule changes was sound.

During the study, researchers compared two groups of truck drivers. Each group was allowed to rest for the periods prescribed by the former and new HOS rules. It was concluded that drivers that had two nighttime periods of rest before beginning their shifts (such as under the new rules) reported fewer distractions, less drowsiness and were better able to stay in their lanes than those who only had one nighttime period of rest (under the old rules).

This study has been criticized by many in the trucking industry. In a statement by the American Trucking Association, the study was criticized for being too narrow in scope, since it neglected to test the other effects of a 34-hour rest period, such as more trucks being on the road during high traffic periods. The association argues that by enacting the HOS changes, the FMCSA has actually increased the possibility of truck accidents.

It is too early to determine whether the FMCSA or trucking industry is correct in their assessment of the effectiveness of the new HOS rules. However, there is sufficient evidence that they will at least ensure that truck drivers have a better opportunity to get sufficient rest than they were before.

Since truck accidents are caused by many factors other than fatigue, such as drug or alcohol use, improper loading, or maintenance issues, the new rules are not likely to eliminate the problem of negligent truck drivers on the nation's roads. If you or a loved one has been injured in a truck accident, an experienced attorney can advise you of your right to compensation for your injuries.

Article provided by Fiol Law Group
Visit us at www.advocatesforyou.com

ELSE PRESS RELEASES FROM THIS DATE:

Car-to-car communications may result in safer vehicles

2014-03-07

In recent years, the National Highway Traffic Safety Administration has begun working with automakers to develop technologies that would allow cars to communicate with each other. Although this sort of technology may seem to be a simple novelty, government safety experts and automakers believe it may be the next big step in improving highway safety. Indeed, many believe that these sorts of technologies can help prevent serious car accidents. Recently, the NHTSA announced that it would move forward with a proposal to require new cars to come equipped with systems that ...

New Jersey foreclosure rate jumps during 2013

2014-03-07

According to recent data, New Jersey is still suffering from the effects of the 2008 recession. According to RealtyTrac, the number of homes in foreclosure in the state during 2013 increased 25.5 percent over what it was before the recession during 2007. Overall, New Jersey ranked as the state with the 13th highest foreclosure rate, with 3.5 million foreclosure filings during 2013. As most other states saw a decline in foreclosures, experts say that the high rate in New Jersey is largely due to an enormous backlog of foreclosures that have not been completed, due to ...

Florida teacher faces drug-related charges

2014-03-07

Even respected and trusted individuals in the community can face charges for criminal offenses. One can be a lawyer, doctor -- even a teacher -- and be investigated for egregious charges. A Florida first-grade teacher was recently arrested for drug charges. The suspect, 32, purportedly failed to stay in her lane as she drove on U.S. 19 near Nebraska Avenue one evening. The Pinellas County Sheriff reports that a deputy pulled the motorist over and her eyes appeared bloodshot and watery. Authorities proceeded with an investigation, including a field sobriety test, which ...

Wedding planning? Don't forget the prenup

2014-03-07

As anyone who has ever planned a wedding knows, there are numerous practical matters that must be attended to before the big day: guest lists, seating charts, wedding budgets and catering options, just to name a few. Another important practical matter that many couples must consider before marriage is whether to sign a prenuptial agreement -- and if so, what the terms of that agreement should be. Who should consider having a prenuptial agreement? Not every couple needs a prenuptial agreement, but there are a number of circumstances that tend to make it a good idea ...

Research shows medical professionals see risky shortcuts during delivery

2014-03-07

Becoming a new mother can be exciting, terrifying and painful all at the same time. Yet, what many mothers don't realize when they go to the hospital to deliver their new baby in Lehigh County is that both their health and baby's health is susceptible to harm if their medical provider does not take proper precautions. A birth injury is a physical injury that happens to a baby during its birth and may include things like facial paralysis, fractures, bruising and brachial palsy. Compromising new mothers' safety While some birth injuries cannot be prevented, others can ...

Activists push for expanded interlock use in Maryland DUI cases

2014-03-07

A growing number of states nationwide have passed laws requiring ignition interlock devices for all drivers convicted of driving under the influence -- and some say Maryland could be next. An ignition interlock device, or IID, is a breath-testing device similar to a Breathalyzer that determines whether the driver of a car has been drinking. The device is integrated with the vehicle's ignition system and prevents it from starting if it detects alcohol levels above a certain threshold on the driver's breath. To prevent drivers from bypassing the system, many interlock ...

FMCSA proposes national drug and alcohol testing database

2014-03-07

Drivers know that getting behind the wheel after having too many alcoholic drinks is a bad idea. This is even more true for professional truck drivers, whose vehicles are bigger and more difficult to control than regular passenger vehicles. Recently, the Federal Motor Carrier Safety Administration (FMCSA) proposed the creation of a national database of commercial driver drug and alcohol testing information. The hope is that the database will help prevent serious truck accidents where drug or alcohol use is a factor. Under current FMCSA regulations, employers are required ...

Bankruptcy rates may increase as economy improves, some say

2014-03-07

Fewer people filed for bankruptcy in West Virginia in 2013 than the year before, according to a recent report by the American Bankruptcy Institute. Nationwide, bankruptcy filings were also in decline, dropping by a total of about 13 percent across the country. However, while it may seem counterintuitive, some experts predict that the downward trend in bankruptcy rates could actually reverse itself in 2014 as the nation continues its recovery from the Great Recession. In West Virginia and throughout the U.S., bankruptcy rates spiked in the immediate aftermath of the 2008 ...

Hospital error exposes patients to deadly disease

2014-03-07

When someone is in need of a lifesaving medical procedure, they place their trust in medical professionals who have received years of training. Of course, these professionals are human and, unfortunately, they make mistakes. When a medial error occurs, it can put a patient's life at risk. One recent case out of North Carolina demonstrates the kind of life threatening errors that can occur in a hospital setting. A spokesman for the Novant Health Forsyth Medical Center, located in Wiston-Salem, announced that a mistake had lead to 18 patients being exposed to Creutzfeldt-Jakob ...

The silent epidemic of driving while fatigued

2014-03-07

The problems of driving while under the influence and distracted driving are well-known. There are online campaigns, print ads, television commercials and advocacy groups all aimed at stopping these dangerous practices. So-called "drowsy driving" - driving without adequate sleep or rest - is not nearly as well-publicized, but the fact remains that it can be just as deadly. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 2.5 percent of annual fatal car accidents are attributable to fatigued drivers. Polls performed by ...

New truck driver fatigue rules remain controversial

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: