Personal Injury Law

Truck Driver Hours of Service Interim Regulations Will be Coming out Soon

By Jeffrey Lowe

Truck Accidents have been linked to driver fatigue. There have been studies that demonstrate that the number of accidents involving trucks increase dramatically between the !0th and 11th hour of the truck driver's shift. The Federal Court of Appeals used these studies to invalidate the The Federal Motor Carrier Safety Administration ("FMCSA") regulations allowing truck drivers to drive those extra hours.

The FMCSA has now submitted an interim final rule on hours of service to the Office of Management and Budget on Tuesday, Nov. 27. This will replace the one invalidated by the Court of Appeals. The OMB notice, however, did not include a date when the review will be complete.

On July 24, the U.S. District Court of Appeals for the District of Columbia Circuit tossed the provision that increased driving time to 11 hours from 10 hours and the 34-hour restart provision. In that same decision, the court denied a petition by the Owner-Operator Independent Drivers Association asking the court to consider the impact of changes to the sleeper-berth provision.

Once OMB approves the interim final rule, it will be published in the Federal Register. Hopefully the FMCSA will err on the side of safety and not bend to the pressures of the trucking industry to allow drivers to drive longer with less rest so they can make more money. With the make of the FMCSA and its past actions I think that is doubtful. The current administration sides with big business as well as the agencies it controls through appointments and the FMCSA is no exception. Hopefully I will be proven wrong when the interim rule is make public but I doubt it.

Full post as published by Trucking Accident Attorney Blog on November 29, 2007 (boomark / email).