By the time you read this the FMCSA\u2019s latest HOS changes will have gone into effect. This rule change is the culmination of a two-year effort by the agency to relax the hours of service rules for truck drivers. And while there is ongoing debate as to the effect of this rule change, many already contend that it dramatically decreases safety on our nation\u2019s roads and highways. <\/p>\n\n\n\n
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The fact is this: Truck drivers are good at what they do. No\nmatter what sort of commercial motor vehicle they operate, they do an essential\njob and keep the supply chain moving. Still, the nature of driving a truck can\nbe dangerous. When you drive up to 11 hours per day, sometimes at night, and\ncross interstate lines to deliver goods, you can be susceptible to fatigue. Do\nthe new HOS rules increase the chances for fatigue?<\/p>\n\n\n\n
What\u2019s the Story?<\/strong><\/p>\n\n\n\n The NTSB has a specific mission, and that mission is to\nensure the safe transportation of goods and the safe operation of passenger\nvehicles on our nation\u2019s roads and highways. Safety advocates contend that the\nrelaxed HOS rules ignore this mission. This is especially important because\nthis rule change comes at a time when data shows trucking fatalities on the\nrise in the past few years. <\/p>\n\n\n\n There is a lot of risk involved in driving a big rig, and\nthe risk only begins with the truck driver. You\u2019ve also got everyone else on\nthe road to think about. Trucking companies and federal agencies should be\ndoing everything they can to improve safety and keep fatigue at bay, but some\nworry the new HOS rule flies in the face of that ethos. <\/p>\n\n\n\n Still, the effort to reduce on-road fatigue involved more\nthan just regulations and policies on the company side. Trucking companies and\ninterested legal parties must take a comprehensive approach to hours of service\nand fatigue reduction. All the following should be on the table:<\/p>\n\n\n\n The FMCSA has come out using language such as \u201csafety-neutral\u201d to describe how the new rule will not adversely impact trucking safety. When the DOT released a press release on the matter, they claimed that the new rule would actually improve safety. Some trucking industry advocates dispute this claim.<\/p>\n\n\n\n [wp_ad_camp_2] <\/p>\n\n\n\n <\/p>\n\n\n\n The rationale from the FMCSA\u2019s standpoint is that the HOS\nchanges increase flexibility and that truck drivers will be incentivized to\nstop when they get tired. Some say the problem with that view is that people\nare generally not very good at self-assessment, and if given the opportunity,\nwill push themselves beyond their limits. <\/p>\n\n\n\n Examining the Changes<\/strong><\/p>\n\n\n\n The new final HOS rule changes current regulations in\nseveral ways. First, it expands the short-haul exception from 100 air miles to\n150 air miles. It also increases the allowable duty day from 12 to 14 hours.\nWhile this may provide truck drivers with more flexibility, it also allows for\ntrucking companies to take advantage of the rule. <\/p>\n\n\n\n The new rule also expands the driving window in adverse\nconditions by an additional two hours. For many, this particular change seems\ninexcusable. If the weather is bad and the truck driver is even more fatigued,\nshould that really be the time to expand driving time?<\/p>\n\n\n\n Truck drivers will also be required to take a 30-minute\nbreak after eight hours of driving time \u2013 rather than on-duty time. It also\nallows truck drivers to include on-duty\/not driving time as a required break.\nWhat does this mean? A truck driver might call loading\/unloading break time,\nbut it can be very tiring. If that is the required break time, then will the\ntruck driver be even more fatigued when they re-enter the cab to begin driving?<\/p>\n\n\n\n The sleeper berth exception is also modified in the new\nrule. It will allow a truck driver to meet the minimum 10-hour off-duty\nrequirement by spending at least seven hours in the berth. A minimum off-duty\nperiod of at least three hours outside the berth will also be required. The\nproblem here is that it incentivizes truck drivers to get less sleep by\ndecreasing the requirement. <\/p>\n\n\n\n Economics Versus Safety<\/strong><\/p>\n\n\n\n Obviously, money matters, but lives matter more. While it is\ntrue that truck drivers only get paid when the trucks are driving, their safety\nand well-being should matter a whole lot more than the next load they are\nslated to deliver. Dollars versus human lives is never a good equation. <\/p>\n\n\n\n Many interested parties operating in the trucking industry\nhave come out in opposition to the new rule, including the Teamsters Union and\nother trucking safety organizations. Obviously, trucking companies and union\nmembers have a vested interest in full industry employment, but they also\nunderstand the importance of maintaining truck driver safety. <\/p>\n\n\n\n It is also important to note that trucking companies who\ninvest in technologies and attempt to address fatigue in their own way often see\nfewer crashes and fatalities because of truck driver crashes. This shows that\ncompanies that invest in fatigue management have better safety outcomes and, in\nmany cases, improved bottom lines. <\/p>\n\n\n\n Walmart is one such example of this. After a fatigued truck\ndriver caused a crash in 2014, the company introduced fatigue management\nprotocols that went far beyond regulatory minimums. As a result, the company\nsaw their bottom line improve along with their safety metrics. <\/p>\n\n\n\n Evaluating a Safety Investment<\/strong><\/p>\n\n\n\n While some may consider safety investments a cost, they are\nnot. They should be firmly regarded as investments. The very essence of the\nword is \u2018saves.\u2019 A lawsuit from a fatal crash could cost a company tens of\nmillions of dollars. It has put many a trucking company completely out of\nbusiness. Never mind the relationships damaged from lost business, lost time,\nand a dinged reputation. <\/p>\n\n\n\n While HOS rules are complex, evaluating fatigue and paying\nattention to sleep science is not. Trucking companies can manage fatigue\nthrough responsible policies and the\nuse of technology<\/a>. Trucking companies and their truck drivers must take\nindividual and collective responsibility for the safe operation of the\ncommercial motor vehicles under their care. <\/p>\n\n\n\n And while the NTSB has recommended for a long time that the\nFMCSA tighten enforcement, some say this recent change goes against that ethos.\nMany want to see greater enforcement in areas such as:<\/p>\n\n\n\n When it comes to transportation companies, safety should be\nconsidered job one. When it comes to injury or loss of life, nothing else\nshould matter. Getting adequate rest \u2013 which includes 8 to 9 hours of sleep \u2013\nreduced fatigue and makes our nation\u2019s roads and highways safer. And like other\ncommercial vehicle drivers, truck drivers must be well rested. <\/p>\n\n\n\n The bottom line is this: Even if a truck driver has successfully driven fatigued for lots of hauls, that does not guarantee that they will be so lucky when they take their next load. Every single truck driver involved in a fatigue-related crash assumed that they were certain they could complete the job safely. <\/p>\n\n\n\n [wp_ad_camp_2] <\/p>\n\n\n\n <\/p>\n\n\n\n The trucking sector should not be willing to sacrifice\nsafety for a few more miles a day, especially during a time when trucking\nfatalities are increasing. And with the NTSB having\ninvestigated<\/a> hundreds of fatal trucking accidents, now is the time for\ninterested parties to weigh in. Responsible trucking companies should view the\nnew HOS regulations as nothing more than the bare minimum and should create\neffective policies to decrease fatigue outside of FMCSA regulations. <\/p>\n","protected":false},"excerpt":{"rendered":"