FMCSA Proposes Rule on Hours of Service for Truck Drivers

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) issued a regulatory proposal that would revise hours-of-service (HOS) requirements for commercial truck drivers.

Although I won't go into a lot of detail on all the changes,  one of the most significant is the daily hours of service.  Currently most drivers are allowed to drive a maximum of 11 hours per day and be on-duty a maximum of 14 hours per day.   The new proposed rule would reduce the maximum on-duty hours to 13 per day and comments are being requested on moving the maximum driving hours to 10.  More details about other changes can be found at the department's website here.

The reduction in hours on duty per day and maximum driving hours will undoubtedly save lives and reduce the number of tractor-trailer wrecks.  The National Transportation Safety Board reports that driver fatigue is a factor in 30 to 40 percent of trucking accidents annually.   

There is a 60 day window from December 29, 2011 in which the public can comment on the proposed changes.  I encourage everyone to visit the FMCSA's Web site and encourage a 10 hour maximum driving rule.  Click here to be taken to the comment page of the U.S. Department of Tranportation's website, or go to http://www.fmcsa.dot.gov/rules-regulations/topics/hos-proposed/comments.aspx#online.

Small Carriers Sue to Prevent Release of Safety Data

Earlier today I posted the message indicating that the Dep't of Transportation FMCSA was launching it Compliance Safety and Accountability (CSA) Program.  What I failed to point out was that the launch of this new safety program was almost delayed due to last minute lawsuits by some associations that represent commercial carriers. 

These associations filed suit while the companies that contribute to the association remained in the background.  They claimed that allowing the public access to their safety records could put them out of business, particularly in this difficult economic climate.

Over 2700 carriers are members of one of these organizations, but I have been unable to discover the names of these allegedly small companies.  A few of them signed affidavits in the lawsuit, including BP Express, a trucking company that has 6 terminals from Knoxville, TN to West Palm Beach, FL.  Another small company that signed an affidavit for court was Express America Trucking, Inc that employs 165 drivers at 3 terminals in the southeast.   In addition to not being able to find the names of all members of the organization that filed suit, I have been unable to find the guidelines they use to define 'small trucking companies.'    I will keep looking and I invite a representative from the National Association of Small Trucking Companies to shed some light on this issue. 

Tractor-Trailers and Rear Impact Protection

Most of you have probably seen the rear guards on the back of a tractor- trailer and not paid much attention to them.  For those involved in a rear end collision with a tractor-trailer, those guards may represent the difference between life and death.  They are designed to prevent a car from sliding under the trailer upon impact.  If proper rear guards are in place, your bumper should impact the rear guard.  Your bumper is designed to absorb considerably more force than your windshield (or your head) and therefore reduce the amount of force your body receives. 

In 1996 the National Highway Traffic Safety Administration (NHTSA) required trucks with GVWR over 10,000 and manufactured after January 26, 1998 be equipped with underride guards with strength testing and energy absorption requirements.  Rear guards had been required since 1952, but prior to 1998 they didn't have to meet energy absorption requirements or strength testing.   Also, the 1998 changes require now that the rear guards be no more than 22 inches above the ground, no more than 4 inches from each side of the trailer, and no more than 12 inches offset from the rear plane of the trailer. 

Preliminary data suggest these new guidelines are reducing fatalities and serious injuries to person involved in tractor-trailer wrecks. The report can be found at
http://www-nrd.nhtsa.dot.gov/Pubs/811375.pdf

The NHTSA allows public comment on this report for 120 days from the date of report.  The comment period will end March 8, 2011.  If anyone wants to comment on this report, they can do so at the following site:
http://www.federalregister.gov/articles/2010/11/08/2010-28111/federal-motor-vehicle-safety-standards-rear-impact-guards-rear-impact-protection-technical-report-on

Arkansas Behind the Curve

The Federal Highway Administration, the Insurance Institute for Highway Safety and several state departments of transportation are promoting traffic roundabouts as safer alternatives to intersections with traffic lights.  Arkansas, however, is not one of the 29 states with a program to promote such roundabouts.

The Federal Highway Administration has more information and data on why roundabouts can be safer than traffic light intersections.  They site 3 specific ways that roundabouts improve safety at intersections by:

• eliminating or altering conflicts types
• decreasing speeds into and through the intersection
• decreasing speed differentials at intersections

Roundabouts can easily accommodate tractor-trailer traffic.  A critical design element that allows trucks to successfully negotiate a roundabout is the truck turning apron, which is located in the middle of the roundabout. This apron is designed for the back wheels of the trucks to drive over. This is accomplished by designing the curb to be mountable.

Mountable curbs are shorter than regular curbs and the concrete apron is colored to deter regular passenger vehicles from using it.

I have personally litigated a number of wrecks caused by tractor-trailer drivers making improper right turns.  I think properly constructed roundabouts would also help avoid wrecks caused when tractor-trailers make wide right turns.

The complete US Department of Transportation report on roundabouts is available at http://www.tfhrc.gov/safety/00068.htm