- More than 750 people die and 20,000 more are injured each year due to fatigued commercial drivers.
- Current FMCSA rules limit passenger-carrying commercial drivers to no more than 10 consecutive driving hours before being required to rest at least 8 hours.
- Current FMCSA rules limit property-carrying commercial drivers to no more than 11 consecutive driving hours before being required to rest at least 10 hours.
- Congress introduced a bill in April 2015 to suspend certain FMCSA Hours of Service rules that went into effect in 2013, most notably the 34-hour restart provisions.
There are several causes of driver fatigue. In addition to sleep loss, sleep disorders, the driving patterns of commercial drivers are recognized as a cause. Commercial drivers of large trucks and buses commonly drive between midnight and 6 a.m., drive a substantial number of miles each year and hours each day, and driver for longer times than the average driver without taking a break. These factors substantially increase crash risk and the rules allow these situations to occur.
The groups with the highest risk of driver fatigue are young males (under age 30), drivers whose natural sleep patterns are disrupted by driving at night or driving long or irregular hours (in other words, commercial drivers), and drivers with untreated sleep apnea syndrome (SAS) and narcolepsy.
Most drivers must follow FMCSA Hours of Service rules if they operate a commercial motor vehicle (CMV). A CMV is defined by the FMCSA as a vehicle that is used as part of a business and is involved in interstate commerce, and fits any of the following descriptions:
- Weighs 10,001 pounds or more;
- Has a gross vehicle weight rating or gross combination weigh rating of 10,001 pounds or more;
- Is designed or used to transport 16 or more passengers (including the driver) not for compensation;
- Is designed or used to transport 9 or more passengers (including the driver) for compensation; and/or
- Is transporting hazardous materials in a quantity requiring placards.
The FMSCA Hours of Service Final Rule was published in the Federal Register on December 27, 2011, and became effective on February 27, 2012. The compliance date for the remaining provisions was July 1, 2013. In addition to the 11/10 hour driving limit, property-carrying drivers may not drive beyond the 14th consecutive hour after coming on duty (including time on duty, but not driving), following 10 consecutive hours off duty; passenger-carrying drivers may not drive after having been on duty for 15 hours, following 8 consecutive hours off duty.
In a nod towards addressing the concern of driver fatigue, the FMSCA included the Sleeper Berth Provision. It states that drivers using the truck’s sleeper berth must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty or any combination of the two. The new rules kept the prohibition of driving after 60/70 hours on duty in 7/8 consecutive days, but added the 34-hour restart provision. This provision states a driver may restart a 7/8 consecutive day period only after 34 or more consecutive hours off duty. The provision contains a requirement that a 34-hour restart include two 1 a.m. to 5 a.m. periods and a one-restart-per-week limit.
Congress, however, suspended the 34-hour restart provision in December 2014. The U.S. House of Representatives introduced a bill in April 2015 that would keep the suspension in effect until the FMCSA produces a study of the rules, which the December 2014 suspension required. The suspension of these safety rules by Congress will remain in effect until the FMSCA completes its report or September 30, 2015, whichever is later.
Written by:
William J. “Will” Maiberger, Jr.
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
Email wmaiberger@guerrallp.com
* This information is provided to supply information relating to truck and bus crashes, and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship. If you have a lawyer, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.
© Watts Guerra LLP 2015
