Driver Fatigue
No where does the highway
safety run more clearly afoul of short term profits than in the
area of driver fatigue. It is easy to see how greed can induce
truckers to drive longer hours, with shorter breaks, to increase
their income. Yet fatigue not only involves the horrific prospect
of a trucker falling asleep while behind the wheel of an 80,000
pound vehicle, but it is also slows reaction time, effects judgment
and even effects vision. The tired driver is not a safe driver.
Profits are not the only incentive, as truckers may push themselves
beyond safe limits, for motivations as simple as getting home
for the weekend or avoiding day time traffic problems.
Regulatory Scheme. It is with
the understanding that the individual driver cannot be trusted
to use his or her own judgment to know when to quit, that both
federal and state regulations impose maximum hours that can be
driven, between mandatory rest periods.
Why Allow Truckers to Drive after
Midnight?
Hours of Driving. (Subject
to numerous exceptions):
- Daily requirement. No driver can drive a motor vehicle
for more than
- 11 cumulative hours, following
10 consecutive hours "off duty." or
- For any period after the
14th hour after coming on duty.
- 7 day requirement. No driver can drive, if they have
been on duty 60 hours in 7 consecutive days;
- 8 day requirement. No driver can drive, if they have
been on duty 70 hours in 8 consecutive days.
- Weekly Rest Period. In order to start a new 7/8 day period,
the driver has to be off for at least 34 or more consecutive
hours.
- Driving time means all time spent at the driving
controls of a commercial motor vehicle in operation.
- On duty time means all time from the time a driver
begins to work or is required to be in readiness to work until
the time the driver is relieved from work and all responsibility
for performing work.
CLICK HERE FOR FEDERAL REGULATIONS
ON DRIVER HOURS OF SERVICE
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Johnson Law Office
1-800-992-9447
© 2004 Attorney Gordon S. Johnson,
Jr.
800-992-9447
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