New hours of service rules for truckers challenged in court

April 03, 2013 (Press-News.org) New hours of service rules for truckers challenged in court

Article provided by Rensch & Rensch Law
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The duties of a truck driver require long hours on the road, away from home. In order to ensure the safety of both truck drivers and other motorists on the road, certain regulations are in place that specify -- among other things -- how frequently they must stop and rest.

These regulations, referred to as hours of service rules, are meant to ensure truck drivers are alert while behind the wheel. In a few months, new hours of service rules will go into effect, implemented by the Federal Motor Carrier Safety Administration. The new rules require commercial motor vehicle operators to take additional breaks during the day and reduce the number of hours they are allowed to drive in a given week.

According to the new regulations, truck drivers may work up to 70 hours during a seven-day period -- down from the previous 82-hour maximum. In addition, operators who drive the maximum allowed number of hours must rest between 1:00 a.m. and 5:00 a.m. at least two nights out of the week. During that period, the body is most in need of sleep.

Finally, commercial motor vehicle operators who work eight consecutive hours must take a minimum of a 30-minute break before returning to work. The standard, maximum 11-hour workday requirement was not altered in the new hours of service regulations.

As the deadline for implementing the rules draws near, the American Trucking Association has asked the U.S. Court of Appeals to reject the new regulations. In addition, the House Committee on Transportation and Infrastructure has asked Ray LaHood, the Secretary of Transportation, to delay the implementation of the rule until after the court has issued its decision. Thus far, the delay has not been granted.

Traffic accidents involving large trucks are particularly dangerous

Despite the pushback from the trucking industry, the new hours of service regulations could make our roads safer. According to the National Highway Traffic Safety Administration, there were 380,000 motor vehicle accidents involving large trucks in 2008.

In addition, the NHTSA reported that 11 percent of all fatalities caused by motor vehicle accidents in 2008 were caused by a large truck collision -- in total, 4,229 people were killed in such crashes that year. Large truck accidents were also responsible for 90,000 personal injuries in 2008.

If you or a loved one has been injured in a truck accident, you may be entitled to compensation for the harm caused. Consulting with an experienced personal injury attorney will ensure that your rights are protected.