By Christopher M. Kelly
Have you noticed the growing number of large commercial trucks on our highways? Ever wondered who, exactly, was in charge of regulating their size, speed, and safety? For years, the federal government has actively regulated the commercial trucking industry - controlling nearly every detail of commercial transport, from how the industry secures cargo to the number of hours a driver may drive and work each day.
The Federal Motor Carrier Safety Administration (FMCSA) and trucking industry leaders have worked together to make safety their highest priority - good news for those of us who share the road with these big rigs. As a result of these efforts - and despite the growing number of trucks on the road - 2003 saw the number of people injured in accidents involving large trucks decline to the lowest level since such records have been kept.
In an effort to further enhance highway safety, the FMCSA, complying with a mandate from Congress, introduced new "Hours of Service" rules this past January. Such rules specifically govern the hours worked by drivers. Replacing regulations that had gone unchanged since the Kennedy Administration.
The new rules limit drive-time hours while keeping commercial trucks on the road. Specifically, they:
* Increase the required driver daily off-duty time from 8 to 10 hours;
* Decrease the total permissible workday from 15 to 14 hours;
* Limit daily driving time to 11 hours each day, allowing an additional hour of driving as compared to the old rules;
* Eliminate a loophole that allowed drivers to extend their 15-hour workday by taking sleeper berth breaks throughout the day; and
* Include a restart provision that permits drivers to restart their work week after taking 34 consecutive hours off duty.
An interesting side note: upon enactment of these new "Hours of Service" regulations, a public citizens action group challenged the new standards arguing that there was not enough hard evidence to support the revisions. And just weeks ago, the District of Columbia United States Court of Appeals agreed that the FMCSA failed to properly support their new rules with factual findings. And so, though the new regulations are still in effect temporarily, the Industry and the FMCSA have returned to the drawing board. Their goal is to either address the factual deficiencies noted by the Court or appeal the decision.
As is often the case when new regulations are issued, the concerns of the federal government and the realities of the governed industry require a precise balance to be struck. FMCSA and the commercial trucking industry are both committed to resolving this and other regulatory issues. The ultimate goal of both is the safety of us all.
Chris Kelly practices in the area of Commercial Transportation Litigation.
For more information, visit www.gwblawfirm.com or call Gallivan, White & Boyd, P.A. at (864) 271-9580.
|
