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.

Tractor-trailer hits school bus in Louisiana, 2 kids critical

Early this morning a JB Hunt owned truck slammed into the back of a school bus.  The crash happened around 7:30 a.m. on a straight, clear stretch of U.S. 190 between Port Barre and Opelousas, about 50 miles west of Baton Rouge, Louisiana.   The school bus reportedly had it flashers on and stop signs extended at the time of the wreck.  The bus driver apparently saw the truck bearing down on the bus and warned the kids to hold on in anticipation of the collision.  


The impact to the back bumper of the bus was sufficient to push up to the rear wheels of the bus.   For some reason, the truck driver has yet to be cited, although it seems clear that he was driving too fast and failed to keep a proper distance and lookout.  


As someone who has litigated tractor-trailer cases, it is very important to preserve as much evidence as possible and to do so quickly.  The driving logs of the truck driver need to be examined as well as his cell phone and texting records.  Also, data from all event recorders on the truck need to be downloaded immediately, to avoid any loss of data.  


Thankfully, emergency workers arrived quickly and efficiently dispatched injured kids to area hospitals where they received timely treatment.  All 21 kids were injured, 3 originally classified as critical and two underwent emergency surgery.   Let's all hope for complete recoveries for the kids and that JB Hunt and the driver take appropriate responsibility for the wreck.

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

Colorado Trucking Company - Repeated Violations of Hour-of-Service Rule Leads to Order

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today announced it has ordered JBS Carriers, Inc. of Greeley, Colorado to install electronic on-board recorders (EOBRs) on its entire fleet of over 700 commercial trucks by March 2011 or pay $81,780 in civil fines.

The order comes in response to a comprehensive investigation by FMCSA's Western Service Center that found the company in serious violation of federal hours-of-service (HOS) rules and commercial driver's license (CDL) requirements.

In the final settlement agreement issued by FMCSA on October 7, 2010, the agency cited JBS Carriers for 102 counts of falsifying drivers' hours-of-service records and three counts of allowing drivers with a suspended, revoked or canceled commercial driver's license to operate a motor vehicle.

Electronic on-board recorders are devices attached to commercial vehicles that automatically record the number of hours drivers spend operating the vehicle. Driving hours are regulated by federal hours-of-service rules, which are designed to prevent commercial vehicle-related crashes and fatalities by prescribing on-duty and rest periods for drivers.