truck driver fatigue: are current hos regulations working?

Truck Driver FatigueAre Current Hours-of-Service (HOS) Regulations Working?

The Main Cause of Truck Accidents?

Source: Federal Motor Carrier Safety Administration (The Large Truck Causation Study)

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%

100.00%

Driver Error Vehicle Malfunction Environmental Factor

Main Causes of Truck Accidents

According to the U.S. Department of Transportation (DOT) :

“Nearly 4,000 people die in large truck crashes each year and driver fatigue is a leading factor.”

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Sleep DisordersStats Among Truck Drivers

• 28% Commercial Driver’s License holders suffer from sleep apnea.

• As many as 1,250 fatal truck wrecks in 2005 may have been caused by driver fatigue related to sleep disorders and / or sleep apnea

Sleep Disorders Among Truck Drivers:

• As many as 40% of truck drivers reported not getting a regular good night’s sleep

• 22% admitted to having driven drowsy at some point during the month

• 16% of truck drivers reported involvement in an incident at work caused by sleepiness (2% having an accident, 14% “near miss” incident)

According to the National Sleep Foundation’s 2012 Sleep in America Poll:

Source: National Sleep Foundation Study

• 20% of drivers had EDS (Excessive Daytime Sleepiness) - 29% had high risk for obstructive sleep apnea syndrome (OSAS)

• 36.6% of drivers near-miss accidents (42.5% -sleep related)

Another study “Sleepiness and Sleep-Disordered Breathing in Truck Drivers” Found:

Source: NIH.gov

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Hours-of-ServiceRegulations

Drivers of commercial motor vehicles are subject to HOS regulations. In general, large trucks (tractor-trailers, 18-Wheelers, Semi-Trucks, Big-Rigs) that:

• Operates in interstate commerce and weighs (including any load) 10,001 pounds (4,536 kg) or more.

Which Truckers Are Required to Comply With the Hours-of-Service Regulations?

Continued >>

• Interstate commercial vehicles with a gross vehicle weight rating or combination weight of 10,001 pounds (4,536 kg).

• Interstate commercial vehicles transporting hazardous materials in amounts requiring warning placards.

A number of exemptions for HOS requirements exist.

HOS are intended to reduce driver fatigue. The drive time limits focus on when and how long a truck driver can operate. Drivers must follow 3 maximum duty limits at all times.

• the 14-hour duty limit• 11-hour driving limit • 60/70-hour duty limit.

Hours-of-Service Limits:

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• 14 consecutive hours of duty time is allowed for operators after being off duty for 10 or more consecutive hours.

• 14-consecutive-hour duty period (on the job time, not drive time), the driver is restricted to 11 total hours of drive time.

Hours-of-Service Limits (Continued…):

• 60/70-hour based on 7/8-day period. After the on-duty time of 60 hours during any 7 consecutive days the operator is not allowed to drive (or 70 hours in any 8 consecutive days).

• The driver “restart” allows a reset of his 60 or 70-hour clock calculations after at least 34 consecutive hours off duty (including 2 full rest evenings).

Hours-of-Service Limits:

A Completed Log (Example):

Source: Federal Motor Carrier Safety Administration (Truck Driver’s Guide)

• Competent truck accident lawyers will want to find out what the driver activities were in the hours and days leading up to the wreck

• Learn the medical details of the driver prior to the collision

• Hire an accident reconstruction expert, to determine the specific regulatory environment (for the truck driver and their motor carrier operate

Accidents Involving Commercial Vehicles:

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