In our previous post, we discussed the current situation involving the federal Hour of Service (HOS) rules and regulations requiring the use of Electronic Logging Devices (ELDs) to insure compliance with the HOS rules. This remains an extremely controversial issue among safety advocates, regulators, freight companies, and of course, the truck drivers themselves.
Everyone wants less fatal truck crashes in this country. No one wants to see deadly truck accidents, especially those that are so easily prevented if the truck driver were not fatigued, drowsy, or worn out from too many hours behind the wheel.
So why all the controversy over the federal regulations designed to enforce rest breaks and time off for commercial truck drivers?
Truck Driver’s Problems with HOS and ELDs
The request by the independent trucker’s organization (OOIDA) to have a five (5) year reprieve from having to use ELDs was recently denied by the Federal Motor Carrier Safety Administration (FMCSA). Many were shocked at this denial (see the OOIDA response in our prior post).
From the truck driver’s point of view, there are lots of problems with these federal regulations – and many argue that things are more dangerous on the road because of them. Truckers argue the following:
HOS and ELDs Force the Truck Driver to Push Through Instead of Resting
As explained by truck driver Donnee in his May 5, 2018, comment to an article published on April 22, 2018, by Safety and Health Magazine:
“As it stands right now, the ELDs do not promote safety. ELDs along with the current HOS rules do the exact opposite.”
Donnee explains that he has a regular routine, usually taking 13 hours each day. He loads in a major city; delivers his cargo; picks up the return load; delivers it; and then goes home. He works a five day work-week.
He gave his last week as an example. By Friday, he was weary. He had 4 hours left of his 14 hour stretch, and around 2 more hours of work to do. Thing was, he was so tired: he needed a nap. So he took a one-hour rest break.
By his schedule, Donnee should have had an hour’s leeway to finish up his work. However, there was a delay with the return load’s delivery location. Then there was city traffic.
He ran out of hours under the regulations before he could get home. He explains his choices: drive home (it was only 10 miles away) or park his truck in order to avoid a violation?
“Here is the problem with the ELD and HOS rules. What am I going to do if I feel tired next Friday? My choices are (1) Don’t bother with the return load which is leaving money on the table. (2) PUSH THROUGH WHEN I FEEL TIRED. Unfortunately most drivers in that situation would just push through making a less than safe situation because I cannot stop the clock and take the nap that I need. This is a real life situation not a hypothetical. If you cannot stop the clock you are FORCING drivers to PUSH THROUGH when they feel tired. Now you have an anxious and tired driver which will guarantee more accidents.”
For more on the truck driver’s position, check out these videos:
- Long line-up of big rigs on I-95, where truck drivers were parked on the side of the interstate because they had run out of time under the regulations;
- ELD stops working mid-run for flatbed trucker;
- Independent truck driver argues this will put the independent drivers and small fleet owners out of business.
Will Congress Change Things? Proposed HOURS Act
Today, the truck drivers are forced to comply with federal regulations imposed by a federal agency. If Congress were to pass a law dealing with these issues, the federal legislation would control over the FMCSA Rules.
Last month, a proposed law was introduced in Congress to change the HOS rules and provide relief to exasperated truckers. It is called the Honest Operators Undertaking Road Safety Act, or the “HOURS Act.”
Read the language of the proposed legislation (and track its progress) online at Congress.gov.
The HOURS Act would make the following changes to the HOS rules:
- Exempt truck drivers from having to have an ELD who (a) drive solely inside 150 air-miles of their reporting location; and (b) have a workday that begins and ends within a 14 hour period.
- Exempt truck drivers from having to comply with HOS Rules when they are (a) hauling livestock or agricultural products (b) within 150 air-miles of the source of their load.
- Change the rules so each workday, they only have to document their start and end time for their on-duty period.
- Increase the ways in which truck drivers are allowed to split up their rest break times when they choose to rest in their rig’s sleeper berths.
Focus Remains on Keeping Everyone Safe from Fatal Truck Crashes
Fatal truck crashes and serious truck accidents are preventable tragedies that must remain the focus of everyone’s efforts, from regulators to legislators and those involved in the trucking industry.
The latest research statistics show that deadly accidents involving big rigs, semis, tractor trailers, 18 wheelers, and other large commercial trucks remain at unacceptable levels. Consider the following:
- From FMCSA we know there is a growing risk of a fatal truck crash:
- The number of large trucks and buses in fatal crashes has increased by 29% since 2009.
- From 2015 to 2016, the number of fatal crashes involving large trucks or buses increased by 6%.
- Looking at NHTSA data, the American Trucker warns there has been an increase in “occupants” of large trucks dying in truck crashes (up 8.6%) and truckers face “… the highest level of large truck crash deaths since 2007.”
For more on drowsy driving and fatal truck crashes, read:
- Drowsy Truck Drivers: Commuting to Work Contributing to Fatal Truck Crashes
- Fatigued, Tired Drivers Said to Cause 20% of All U.S. Traffic Deaths: Drowsy Drivers at Fault?
Claims for Victims of Fatal Truck Accidents
As advocates for those who have been seriously injured in a truck crash, or grieving loved ones seeking justice in the aftermath of a fatal truck accident, the importance must remain with decreasing the danger of deadly truck crashes on our roads.
The prediction of a huge increase of commercial truck traffic in Indiana (and Illinois) only exacerbates the need for increased safety. Drowsy driving and truck driver fatigue risk the lives of the trucker as well as those who share the road with his or her rig.
Claims today may involve investigation into the underlying causes of fatal truck accidents that will shine the light on how HOS rules and ELDs have impacted truck safety. It is possible that there will be claims that include liability arguments spotlighting the concerns voiced by truck drivers on the road today.
Will pushing through compliance with HOS rules result in a fatal crash? Sadly, it is a likely scenario given the current circumstances.
As we share our roadways with cargo-laden semi-trucks here in the “Crossroads of America,” we all need to be mindful of the danger of a fatal truck crash. Please be careful out there!
