Jump to Navigation

Obama Administration and Trucking Industry to Revamp Truck Safety Rules

On September 2, 2011, the American Trucking Associations (ATA), one the world's largest trucking organizations, sent a letter to the Obama Administration's Office of Information and Regulatory Affairs at the Office of Management and Budget. In its plea, the trucking industry leader seems to issue a simple statement: "If it ain't broke, don't fix it." However, the ATA request centers on one of the most controversial issues affecting the industry-not speed limits, not truck weights, not gas prices. The issue concerns hours of service (HOS) rules for vehicle operators.

Last December, the Federal Motor Carrier Safety Administration's (FMCSA) proposed revisions to regulations regarding the HOS for property-carrying commercial motor vehicle drivers. Under the proposed changes, commercial vehicle operators will be limited to a 10-hour service. The rule would ban more than one 34-hour restart period per week and would require commercial vehicle operators to complete work within a 14-hour work window.

Soon after the rule was proposed, members of the trucking industry, including the ATA, opposed the changes. Citing declines in truck-related traffic fatalities and other safety improvements, these groups also argued that the changes would create financial hardships for America's $600 billion transportation industry.

While the trucking industry opposes the changes, a number of groups-including the Insurance Institute for Highway Safety-applaud the amendment. While there have been significant declines in highway-related injuries and fatalities, trucks remain a significant and disproportionately high cause of crashes and deaths.

The proposed HOS amendments were not devised in a vacuum. The changes were prompted by evidence that a driver's long work hours may be adverse to overall highway safety. During the 2010 Operation Safe Driver annual meeting, participants learned that 5.4 percent of 30,000 inspected commercial carriers were taken out of service due to HOS regulation violations. HOS violations, correlating to driver fatigue, have been linked to several fatal bus and truck accidents in recent years.

The FMCSA hopes to issue the final rule in October; however, members of Congress-including John Mica, the House Transportation and Infrastructure Committee chairman-have announced their intention to intercede on behalf of the trucking industries.

Driver fatigue is a real public safety issue, but is not the only variable threat on our nation's roadways. In order to combat preventable accidents, the trucking industry must honestly accept its responsibility in the traffic safety equation.

AV | Lexis Nexis | Martindale Hubbell | Peer Review Rated For Ethical Standards and Legal Ability AVVO | www.avvo.com Birmingham Magazine's | Top Attorneys 2012 B-Metro's Top Rated Lawyers 2012

Free case evaluation

Bold labels are required.

Contact Information
>
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Drake Law Firm | Firm Overview

Drake Law Firm | Firm Overview

Click to view our verdicts & Settlements page