• 20
  • October
    2011

The Federal Motor Carrier Safety Administration (FMCSA) is hoping to issue new Hours of Service rules by the end of this month.

According to the FMCSA, truck driver fatigue is likely a factor in 5.5 percent of fatal large truck accidents. It is believed that the percentage of fatigue-related accidents can be reduced by decreasing the amount of time drivers spend behind the wheel and on-the-job. As New York City truck accident attorneys, we often see the devestating impacts of truck accidents and understand the value of any safety measures meant to prevent accidents and save lives. 

The proposed changes to the hours of service rules include, among others:

  • A 10-hour preferred driving time, with 11 hours possible
  • A maximum 14-hour work day (including non-driving/off-duty time) that can be extended to 16 hours only twice per week
  • A maximum of 13 hours on-duty time
  • A required rest break of at least 30 minutes in the first seven hours and a total of at least one hour of rest during the driving shift or three hours of rest during a 16-hour day
  • A 34-hour "restart," which requires 34 consecutive hours off-duty to be used only once a week and including at least two periods between 12 a.m. and 6 a.m.
  • A maximum of 12 on-duty hours for nighttime drivers

The rules were delayed while the NHTSA conducted four driver fatigue studies to better understand the impact of truck driver fatigue and truck driver negligence in commercial trucking accidents.

Trucking groups feel these regulations are overly harsh since there has been a significant reduction in truck accidents since 2004, when the current HOS rule was established.

New York Truck Accident Statistics

According to truck accident statistics from the New York State Department of Motor Vehicles, there were 11,100 large truck accidents in New York in 2009, including 100 fatal truck accidents. At least 40 of those accidents were caused by driver fatigue. Of course, those numbers don't paint the full picture - driver fatigue may have been involved in many more accidents and simply not reported as a factor.

Whatever can be done to increase safety on our roads should be done, especially involving the largest vehicles on the road - commercial semi trucks.