ATA Appeals HOS ruling

EYE ON TRUCKING: Emotions should take a back seat to facts in determining HOS rules


This is Authored by
By LYNDON FINNEY
The Trucker Staff
9/11/2007

COMPLETE ARTICLE LINK
http://www.thetrucker.com/News/Stor...akeabackseattofactsindeterminingHOSrules.aspx


Fact No. 1.
According to study undertaken by the University of Michigan Transportation Research Institute specifically for FMCSA’s use in developing the 2005 rules, between 1991 and 2002 there were 35,272 fatal crashes involving large trucks. In only 592 or 1.7 percent, of those crashes could be attributed to fatigue.


Fact No. 2
Of the total number of fatal crashes, 24,900 or 70.5 percent, occurred in the first four hours of driving. Of the crashes attributed to fatigue, 329, or 1.3 percent, occurred in the first four hours of driving. In hour 11 of driving, which was illegal at the time, there were 94 fatal crashes with nine of those attributed to fatigue.


Fact No. 3.
In 2004, the first year driving 11 hours became legal, there were 5,313 fatal crashes involving big trucks, and only 16 of those occurred in hour 11, only two more than in 2003 when driving hour 11 hours was illegal. A breakdown of fatigue-related fatal accidents was not yet available at press time.


Fact No. 4.
In 2004, 2,075 or 39 percent, of the fatal accidents occurred in the first four hours of driving. Remember the 70 percent figure for 1991-2002.
Since data for 2002 and 2003 are comparable to 2004 in terms of the percentage of fatal accidents occurring in the first four hours of driving, we can only assume that truckers today are wiser about getting good rest.
Granted, from a statistical standpoint, there is a greater risk of being in a fatal accident in hour 11, but given the low numbers for the 11th hour, can anyone really justify cutting back to 10 hours?
And with the number of fatal accidents in the first four hours dropping, can anyone really justify eliminating the 34-hour restart?

 

You insulted me with the title in your first response to my post, when you typed low reading comprehension. So now you are crying about insults?
You even agree now that the changes, 11 to 10 hours and elimination of the 34 hour restart are good as far as safety is concerned. The court only asked for those two changes. The extra rest gained by the 10 hour rest rule and the not being able to extend the duty day indefinitely by going in the sleeper would be what caused a safer driving environment. The flaw with the 34 hour rule is that it throws off the 24 hour clock. A 24 hour reset would be better. Statistics aren't very reliable especially since the rules aren't obeyed or enforced very well.

 

Are you a real Driver? once again here are the statistics from FMCSA, granted the rules are not perfect they aren't very flexable how ever your argument against the 34 is totally wrong as far as i am concerned that gives US THE DRIVER's 24 hours off to goof off and 10 hours to sleep and start our week are u that opposed to a freakin day off and consider.. just for a second if we only had 24 hours off well.... That means your shutting down probably going to sleep for 10 hours then going to be up to relax for 10 but wait that only leaves u with 4 hours to sleep before u need to get back on the road.... HOW IS THAT SAFER...

Where As with the 34 that gives you 10 hrs to sleep 14 to goof off and 10 to sleep? sound any better???????????????????


EYE ON TRUCKING: Emotions should take a back seat to facts in determining HOS rules


This is Authored by
By LYNDON FINNEY
The Trucker Staff
9/11/2007

COMPLETE ARTICLE LINK
http://www.thetrucker.com/News/Stori...gHOSrules.aspx


Fact No. 1.
According to study undertaken by the University of Michigan Transportation Research Institute specifically for FMCSA’s use in developing the 2005 rules, between 1991 and 2002 there were 35,272 fatal crashes involving large trucks. In only 592 or 1.7 percent, of those crashes could be attributed to fatigue.


Fact No. 2
Of the total number of fatal crashes, 24,900 or 70.5 percent, occurred in the first four hours of driving. Of the crashes attributed to fatigue, 329, or 1.3 percent, occurred in the first four hours of driving. In hour 11 of driving, which was illegal at the time, there were 94 fatal crashes with nine of those attributed to fatigue.


Fact No. 3.
In 2004, the first year driving 11 hours became legal, there were 5,313 fatal crashes involving big trucks, and only 16 of those occurred in hour 11, only two more than in 2003 when driving hour 11 hours was illegal. A breakdown of fatigue-related fatal accidents was not yet available at press time.


Fact No. 4.
In 2004, 2,075 or 39 percent, of the fatal accidents occurred in the first four hours of driving. Remember the 70 percent figure for 1991-2002.
Since data for 2002 and 2003 are comparable to 2004 in terms of the percentage of fatal accidents occurring in the first four hours of driving, we can only assume that truckers today are wiser about getting good rest.
Granted, from a statistical standpoint, there is a greater risk of being in a fatal accident in hour 11, but given the low numbers for the 11th hour, can anyone really justify cutting back to 10 hours?
And with the number of fatal accidents in the first four hours dropping, can anyone really justify eliminating the 34-hour restart?

 

Fact No. 2
Of the total number of fatal crashes, 24,900 or 70.5 percent, occurred in the first four hours of driving. Of the crashes attributed to fatigue, 329, or 1.3 percent, occurred in the first four hours of driving. In hour 11 of driving, which was illegal at the time, there were 94 fatal crashes with nine of those attributed to fatigue.

The information contained in the above fact helps to reinforce my belief that more importance should be placed on a driver getting good quality sleep in the 8 hour period prior to starting his 14 hour on duty/driving periods.

I think we in the industry need to figure out how to insure that a driver gets proper rest prior to starting his on duty/driving time rather than worrying about how long we are driving. I think most well trained and responsible otr drivers will agree that if we get a good 8 hours of quality sleep, immediately before coming on duty, that we can safely operate a rig for 11 hours of driving out of the following 14.

One thing I noticed when I was driving otr was that there were many drivers spending to much time engaged in activities other than sleeping, such as staying up watching tv, playing video games, socializing with other drivers, etc. I also wonder about any possible negative effects of having our computers on the trucks and the amount of time we spend on them instead of getting rest - hopefully we can all be well disciplined as to how much time we stay up and online.

In my opinion another area of concern that does not get enough consideration is the quality of the new drivers and the quality of the training that they are getting before they become first seat drivers.

Well I hope to be back otr in the next 45 days, and I just hope that the hours that we can be on duty and driving are not reduced any more than our current regs because of irresponsible rules changing.

Stay safe out there.
Dan

 

If you noticed I never mentioned the 34 hour rule until my last post. The changes made were all good and probably explain why trucking accidents may have went down. The only part of the rule that didn't help safety was changing from 10 hours driving to 11 hours driving. Not that many drivers are driving over 10 hours everyday anyway, so it isn't a giant deal. So why all the hubbub? Why, probably it is mostly over the 34 hour reset. I don't see anything wrong with the 34 hour reset. It is 34 hours, exactly so that it doesn't interrupt the 24 hour clock. I put that in the last post to bait 2xR because I didn't think he was a trucker and notice he said nothing. I still think 10 hours is enough and the court has agreed twice. We will see what happens and deal with it, won't we.

 

A sure sign of insanity is continually taking the same actions, or saying the same things, over and over again expecting a different outcome. The horse is sufficiently dead.

Besides, I've been busy bouncing my arse up, and down, the interstate.

But, I'll accept your compliments, regardless of their misdirection.

 

by truckin juggalo:
Granted, from a statistical standpoint, there is a greater risk of being in a fatal accident in hour 11, but given the low numbers for the 11th hour, can anyone really justify cutting back to 10 hours?
And with the number of fatal accidents in the first four hours dropping, can anyone really justify eliminating the 34-hour restart?

Why are there less accidents in the 11th hour? Is is because the 11th hour isn't driven in nearly as often? Don't try to use statistics as facts.

2XR you are on a different level of intelligence. If you take it as a compliment that is fine. I am not here to make anyone feel bad.

 

Does anybody read the court ruling? Stop listening to the CB bullcrap

All the court has stated is that the way the FMSCA went about rule change is faulty. All the FMSCA is going to do is use more studies and have a longer comment time. The court found nothing but procedural problems with the rule making process.

Mark

 

That is true. However, since they found fault with the way it was done, they simply stated the way it will be. The ATA petitioned for the rules to remain the same. FMCSA has until December 27th I believe to address the rules. If it is not done to the court's satisfaction, then the hours will change to what the court has mandated.

It should be noted that during this time, there will be many instructions issued to the dot officers as to what they will have to face. They will need to learn what the laws are to be in order to enforce them.

When all this is said and done, If the court decides to accept the procedural change and retain the current rules: The unions have stated they will then begin the fight against them.

 

They must submit either new HOS rules or use more supporting information to keep the current HOS. All FMSCA has due by 12/27 is submit the new or revised HOS. It will then proceed through the normal channels of have to be listed for public comments and then go throught the ruling making change procedure. This can and will most likely take close to 6 months. I would not except new HOS until late spring 08. We will know the proposed rules by 12/27.

The court has already stated that FMSCA does not have to change the rules. FMSCA just needs to clarify and resubmit for public comment. Public Citizens complaint was over the 11 hour drive time, 34 hour reset and short public comment period. Court only rules in favor of PC because of procedural errors on FMCSA's side. The court told OOIDA that is was not the courts job to decide if the rules worked or not, only the government procedures were followed.

Mark