Hours-of-Service Regulation for Truck Drivers Commonly Neglected
By John Cooper, Virginia Truck Accident Lawyer
An important provision in the Federal Motor Carrier Safety Act limits the hours truck drivers can operate a commercial tractor trailer, 18-wheeler, big rig, etc. The purpose of the law is to help reduce the number of truck accidents that stem from tired and/or fatigued truck drivers.
Our firm has written about tired truck driver accidents and the injuries that can result from these often horrific wrecks. Over 750 people lose their life and 20,000 people are seriously injured every year due to tired truck drivers, according to saferoads.org. Furthermore, a study conducted by the National Transportation Safety Board found that out of 107 truck wrecks, fatigue was a major factor in 75 percent of the accidents.
The Hours-of-Service law requires truck drivers to get rest and re-charge their batteries before hitting the road again.
Part 395 of the Federal Motor Carrier Safety Act states that no motor carrier company shall permit or require any driver to:
- Drive more than 11 hours after 10 consecutive hours off duty
- Drive after the end of the 14th hour after coming on duty following 10 consecutive hours off duty
The regulations also state that no truck company shall permit or require a truck driver to operate a commercial truck after having been on duty for 60 hours in any period of 7 consecutive days if the truck driver does not operate a commercial truck every day of the week. If the truck driver operates a commercial vehicle every day of the week, then they can only be on duty for 70 hours in any period of 8 consecutive days.
Unfortunately, after a truck crash, it’s not unusual to uncover violations of the Hours-of-Service law. Commercial truck companies and drivers continuously push the envelope and go far beyond the allotted hours of service. Why? Because the more miles they drive, the more money they make.
This is why I believe we need to change our approach to regulating truck driver hours of service. There needs to be a shift in how truckers get paid so the incentive to break the law isn’t there. One idea would be to shift from miles-driven compensation to a salary payment system with bonuses paid to truck drivers who have clean driving records (no truck wrecks and no tickets) at the end of the fiscal year.
If that change is too dramatic, regulators should consider mandating every commercial truck company use an automatic on-board recording device which will log the hours a truck driver works. Under current law, it’s up to the truck company whether or not they use this type of device. If they forego this option, it’s up to the truck driver to manually log the hours they work. This is where problems occur since truck drivers may alter the hours they put in the log to ensure they get more time on the road to make more money. Regardless, it’s up to the truck company to enforce the Hours-of-Service regulations, but many don’t. In fact, some companies look the other way, or even encourage, their drivers to stay on the road longer than they should so more product gets to the proper destination. If regulations mandated an electronic on-board recording device, this type of abuse could decrease.
The one consistent theme is that things need to change in the trucking industry. The current regulations have good intentions, but there is too much wiggle room for neglect/abuse from the truck companies.
About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.
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March 16, 2010
Tags: 18 wheeler, accident, attorney, big rig, Cooper, crash, driver, fatigue, hours of service, injury, tractor trailer, truck, trucker, wreck Posted in: Virginia (VA) Trucking Injury/Accidents Topics
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