Truck Driver Danger of Violence: FMCSA Issues Guidance for Emergency HOS Exception
This week, the Federal Motor Carrier Safety Administration (FMCSA) held a virtual meeting called “The FMCSA 2020 Trucking Safety Summit” to gather information from the general public as well as commercial truck drivers, carriers, safety groups, and government agencies into how to keep truckers safe on our roads today.
It’s an important step because not only truck drivers and their families, but safety advocates and those representing victims of serious injury understand that never has it been more dangerous to be on the road as a commercial truck driver than in 2020. The risk of a fatal truck crash in Indiana or Illinois is exceptionally high this year.
2020 Dangers for Truck Drivers on the Roads of Illinois and Indiana
Of course, trucking already has the reputation for being one of the riskiest lines of work for any worker in this country. As part of their average work day, truckers may:
- have to maneuver heavy, loaded rigs in bad weather conditions on the road;
- deal with faulty repair or maintenance of the rig (like slipping brakes or bad tires);
- avoid distractions behind the wheel even when they are bored or lonely (like their phones, screens, etc.); and
- try not to exceed the speed limit while they are pressured to make delivery deadlines.
For more, read our discussions in:
- Tire Blowout Crashes Are Highest Risk in Summer: Real Dangers of Tires Causing Car Crashes and Semi Truck Wrecks in Hot Weather
- Bad Brakes in Semi Trucks: How Many Trucks Will Be Placed Out of Service During Brake Safety Week?
- Semi Truck Drivers and Bus Drivers Driving Under the Influence of Drugs or Alcohol: 25% of Those Tested?
- Fed’s NTSB Wants to Ban Big Rig Commercial Truck Drivers From Using All Cell Phones Even Hands Free Phone
- Speeding Causes Almost Half of All Fatal Car Crashes in Illinois (Around 25% in Indiana).
Rising Danger of Violence on the Roads: Threats to Truck Drivers, Their Trucks, and Their Cargo
However, in 2020 things have become even more dangerous for commercial trucking. For one thing, the possibility of meeting with violence during the course of their workday is much higher in 2020.
Consider the following:
- Less than a month ago, an Illinois State Trooper discovered a commercial truck driver shot to death in the cab of his semi-truck on I-57 in Bremen Township, Illinois. Read, “Truck Driver Found Shot To Death Inside Semi Along I-57 In Bremen Township,” written by Zak Koeske and published by the Chicago Tribune on July 14, 2020.
- There are rumors of a serial shooter targeting semi-trucks in Michigan. Read, “Is there a serial semi truck shooter in Michigan?” published by CDLLifeNews on July 16, 2020.
- Across the country, commercial truck drivers are being targeted for violence. A July 2020 survey conducted by CDL Life has some shocking results, where 21% of the truck drivers reported they had been the victim of a crime while on the job and that almost half of these incidents (42%) involved violence. For details, read “40% Of Crimes Against Truck Drivers Are Violent, Including Rape And Assault, According To Survey,” written by Summer Smith and published by CDL Life News on July 21, 2020.
July 2020: FMCSA Eases HOS Rule When Trucker Faces Unsafe Conditions on the Road
On July 9, 2020, FMCSA announced in social media (both Twitter and Facebook) specific guidance for commercial truck drivers in the event that they encounter dangerous or unsafe conditions on the job.
From FMCSA came the following message:
“After seeing incidents of threats against truckers, FMCSA wants drivers to know that they may use the emergency conditions exception in § 395.1(b) to complete a trip without violating the hours-of-service regulations if the trip was delayed due to a civil disturbance causing a driver to reasonably fear for their physical safety. Any driver who experiences crime or violence should immediately call the police.”
What is §395.1(b)?
This July 2020 FMCSA social media message references the Hours-of-Service Regulation which includes the following regarding “adverse driving conditions” and “emergency conditions” (quoting FMCSA):
Adverse Driving Conditions
Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions as defined in §395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours beyond the maximum time allowed under §§395.3(A) or 395.5(a) to complete that run to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo.
Emergency Conditions
In case of any emergency, a driver may complete his or her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.
Rising Dangers to Commercial Truck Drivers and Others of Fatal Truck Crash
The FMCSA guidance to truck drivers is a good thing because it will help truckers feel safer about moving through potentially violent situations, particularly in areas where civil unrest or protests are scheduled. However, some truck drivers may read this guidance to allow them to define “adverse” or “emergency” conditions to include places known to be at a high risk of violence.
For instance, Chicago has seen a huge increase in violence this year. Violent crime, particularly shootings, are especially high in the Windy City. The Associated Press reports July 2020 to be “especially violent” with 584 shootings and 105 homicides recorded during the month. For details, read “Chicago Homicides and Shootings Rise Sharply in 2020,” published by the Associated Press on August 1, 2020. The Sun-Times reports murders are up 51% so far this year in Chicago. Read, “Chicago Crime: City Sees 139% Jump In Murders, Uptick In Shootings In July 2020, Police Say,” written by the Sun-Times Media Wire and published by ABC News on August 1, 2020.
Given these statistics, will truckers deem the entire Chicago Metroplex to be an “adverse driving condition” or an “emergency condition” allowing them to evade HOS Rules under the FMCSA July 9, 2020, guidance?
How many roads in both Indiana and Illinois will be filled with semi-trucks, tractor-trailers, big rigs, and 18-wheelers where HOS Rules are not in play because of the trucker’s fear of harm?
Fear as an added component to the existing dangers facing our truck drivers may well lead to a greater risk of a serious or fatal truck crash in our part of the country, known as the “Crossroads of America.”
Seeking Justice for Victims of Fatal Truck Accidents in Indiana and Illinois
Federal regulations regarding “hours of service” exist in order to keep truck drivers safe and spare their families and loved ones, as well as others involved in the incident, from the horror of a fatal truck crash.
HOS Rules exist to give truckers needed time to rest and recuperate. While the risk of violence during these turbulent times is a real concern for the commercial truck driver, it is vital that the trucking industry respect the trucker’s job. Ignoring their need for rest and rejuvenation on the job can compromise that driver’s abilities.
Employers, among others, have an even greater duty of care here to keep their employees safe from harm while on the roads, particularly on long commutes. Truck crashes in situations where HOS Rules are exempt or waived may mean a closer look at the driver’s employer in the event of a crash or accident.
It’s important for truck drivers and those that share the roads with them to be aware of all the dangers facing truckers today, from an increased risk of crime to a ever-present danger of harm due to a trucker who is driving drowsy. Let’s be careful out there!
