New Rule Aims to Decrease Truck Accidents Caused by Driver Fatigue

February 27, 2012

New Rule Aims to Decrease Truck Accidents Caused by Driver Fatigue

Earlier in January 2012, a tractor-trailer overturned closing all southbound lanes on I-75 in Ohio. Though no one was hurt and the cargo was harmless, the accident created a significant traffic mess.

Many other semi-truck accidents occur, or nearly occur, daily on America's roadways. Often, these can be attributed to driver error caused by fatigue. According to the U.S. Department of Transportation, nearly 4,000 people die as a result of trucking accidents each year. Of those, about 500 can be directly linked to driver fatigue.

Allowable Driving Time and Rest Periods

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has developed and implemented hours of service (HOS) regulations to limit when and for how long commercial drivers are allowed to drive. With the goal of reducing injuries and fatalities caused by big rig crashes, the regulations are designed to force drivers to take rest breaks.

Commercial truck drivers have, historically, been limited to driving 10 hours within a 24-hour period. However, in 2003 the HOS rule increased allowable driving hours to 11. While the FMCSA recently considered reducing the number of driving hours back to 10 per day, it ultimately left the 11-hour HOS rule unchanged.

The final HOS rule does require more breaks for drivers. A driver must take a 30-minute break after driving eight hours. The FMCSA noted that the risk of accidents was substantially reduced following rest breaks.

Another change was to the restart time, which now must include two overnight (1:00 a.m. to 5:00 a.m.) periods during the 34 consecutive hour break. The restart provision is meant to provide two quality nights of sleep for night-time drivers before they start a new workweek.

New Rule Effective Date

The final HOS rule for drivers is slated to be effective February 27, 2012 with compliance of select provisions effective July 1, 2013. In the past, the U.S. Court of Appeals in Washington, D.C., has twice rejected the new HOS rule. Advocacy groups believe the court might do so again and are considering the pursuit of legal action regarding the new rule.

While the debate continues between safety advocates and the trucking industry on the safest number of hours for commercial drivers to be behind the wheel, accidents are still taking place. If you or a loved one is injured in a trucking accident, speak with an experienced truck accident attorney to make sure your rights are protected.

Article provided by Mishkind Law Firm Co., L.P.A.
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