New Bill Seeks to Improve Federal Trucking-Safety Programs

August 31, 2011 (Press-News.org) According to the Federal Motor Carrier Safety Administration (FMCSA), commercial-vehicle accidents cost the U.S. economy more than $60 billion each year. With nearly 500,000 trucking companies and 5 million commercial drivers operating nationally, it is important to establish and maintain comprehensive safety rules to protect the public from dangerous truck accidents.

Federal Trucking Laws

There have been a number of improvements to federal motor-carrier laws in the last 25 years. Beginning with the Commercial Motor Vehicle Safety Act of 1986, national standards were established for commercial driver's licenses (CDL). Essentially, the Act said that commercial drivers could not have more than one driver's license at a time (one state only), and they were obligated to adhere to strict standards regarding alcohol use and the commission of certain crimes.

Under the Commercial Motor Vehicle Safety Act, drivers could be disqualified for a CDL for a DUI conviction, for leaving the scene of an accident, or for committing a felony while using a commercial vehicle. CDL applicants were required to provide a ten-year employment history, and employers were tasked with following the same rules that applied to commercial drivers.

The Motor Carrier Safety Act of 1990 strengthened the enforcement procedures of the prior Act, and it established additional rules to make tractor-trailers more conspicuous at night. Then, the Motor Carrier Safety Improvement Act of 1999 established the FMCSA within the U.S. Department of Transportation to increase enforcement of trucking safety standards and to create tougher entrance requirements for new commercial drivers.

After nearly a decade of changes to enforcement policies and procedures, FMCSA launched its Compliance Safety Accountability (CSA) program in December 2010. This new initiative is designed to identify unsafe trucking and commercial bus companies so that corrective actions can be taken proactively, thereby reducing safety risks to the public. However, the wave of recent commercial-bus accidents has prompted Congress to revisit guidelines for driver training and other safety regulations.

Proposed Trucking Regulations

Senator Frank Lautenberg (D-NJ) has proposed legislation that would require new drivers to undergo additional training before receiving a commercial driver's license. It would also require trucking companies to certify their drivers' understanding of trucking safety rules. In addition, the bill would require truckers to install electronic on-board recorders (EOBRs) in their rigs to monitor their driving habits and time on the road.

While still in the planning stages, the proposed legislation would focus on three areas of concern. First, it would eliminate existing safe havens for "bad actors:" companies that constantly change their names or reinvent themselves after violations or accidents to mask poor safety histories. Officials believe that these entities are difficult to track, making enforcement of safety regulations largely impossible. Second, new commercial drivers would have to complete a comprehensive exam in addition to their normal training before driving. They would also undergo an initial safety audit within 6 months of obtaining a CDL. Third, the proposal would set a national speed limit of 65 mph.

Representatives of several trucking agencies support Senator Lautenberg's efforts, but they also suggest that there are other ways to increase safety aside from over-the-road rules. The Owner Operator Independent Drivers Association (OOIDA) believes that time-saving efforts such as reducing time spent at loading docks could help alleviate the time crunch many drivers experience. The OOIDA estimates that drivers spend 30 to 40 hours per week waiting on loading docks.

Stimulating competition is normally good for business, but protecting the public is paramount. In 2009, 74,000 people were injured and 3,380 were killed in accidents involving large trucks. A majority of those injured were in passenger cars. This comes as no surprise given that trucks weigh an average of 80,000 pounds in comparison to cars that weigh about 3,500 pounds. Because of this disparity, focusing on truck safety is only one part of the equation, though. Training and regulations should also focus on the actions of other motorists.

It remains to be seen how far the bill will go, or how much support it will get in Congress' next session, but it reflects new rules implemented by Department of Transportation. If you or a loved one has been injured in an accident with a commercial truck driver, contact a knowledgeable personal injury attorney to discuss any legal claims you may have.

Article provided by Law Office of Julie Johnson, PLLC
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