Trucking Industry Resistant to Proposed Safety Regulations

January 22, 2011

Safety on the road is a pressing concern for almost all Americans. Considering the sheer volume of large trucks and other commercial carriers populating the nation's highways, the federal regulations governing operators could vastly impact any driver or passenger. Everyone wants the highways to be safer for both motorists and commercial truck drivers, so one might think newly proposed trucking safety regulations would be universally praised.

Yet, new trucking regulations proposed by the Federal Motor Carrier Safety Administration (FMCSA) meant to allay certain safety concerns have not been met with unanimous acceptance. Some trucking industry insiders are questioning whether the changes are truly necessary, or simply have more to do with politics than roadway safety. While the proposals have not been finalized, at least some updates to trucking regulations seem to be on the horizon.

Details of the Changes, and the Trucking Industry's Response

According to United States Department of Transportation figures, nationwide over 500,000 truck accidents take place yearly. This high number is certainly alarming, but when compared to the total number of all types of motor vehicle accidents , truck safety does not seem so abysmal. In fact, commercial trucks are approximately three times less likely to be involved in a crash than normal automobiles.

Still, trucking has the status of a highly regulated professional industry that must comply with strict safety rules. Professional truckers should be held to a higher standard than average drivers. Additionally, accidents that do involve trucks have a higher potential for serious injury. Trucking accidents are also viewed as more preventable, since they must comply with more stringent requirements than the average driver.

One of the primary targets of the proposed regulations is driver fatigue . Some of the salient changes from the FMCSA's proposal include mandating a break of 30 minutes or more after a seven hour period of driving, and restricting drivers from doing other work (such as loading or unloading) after their 14-hour driving time window. The driving time limit, currently 11 hours between off duty periods, may also be reduced to 10.

Not all of the new regulations mean more restrictions for the trucking industry. One change would allow for less-restrictive requirements for drivers who sleep or spend time as a passenger in a truck. Another proposal gives drivers the option to extend their daily shift in certain instances twice a week. Previous regulations only allowed extensions once per week.

The FMCSA decided to wait until after the public comment period on the proposed regulations to address changes in this area in an effort to accommodate any additional concerns that arise.

Many in the trucking industry have been disappointed by the FMCSA's proposed regulation changes. American Trucking Associations President and CEO, Bill Graves, stated, "To the extent there is an orchestrated effort to reduce our driver productivity, it's being driven principally by politics and not by any factual data or evidence that the current rule has been anything but safe." A decrease in productivity would force carriers to hire more drivers and thus provide a boon to organized labor.

Other trucking insiders do not view the changes as such a bold political move, but would like to see the FMCSA address more problem areas from the old regulations, such as the stringent limits on utilizing the sleeper berth that first went into effect in 2005.

Truck driver safety and long term health, a primary focus of the lawsuit filed by advocacy groups that helped to inspire the proposed changes and one of the FMCSA's justifications for the updates, has also come under fire. Some in the trucking industry cite a lack of evidence to indicate failure of the old rules in this arena.

The Future of FMCSA Trucking Regulations

Currently, the FMCSA's plans for changes to the regulations are only proposals, and there is a 60 day public comment period that began on December 29. The FMCSA may act on any feedback it receives, and incorporate pertinent suggestions.

Despite the concerns of many in the trucking industry, however, updates will most likely consist of more than just a few tweaks, and new regulations are likely to take effect soon. Hopefully, they will result in a healthier work environment for truckers and safer roads for us all.

Article provided by The Edwards Law Firm
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