Missouri Truck Accident Blog

FMCSA Proposes Exemption from Hours of Service Rules for Fertilizer Transport

The U.S. Federal Motor Carrier Safety Administration (FMCSA) has proposed a temporary exemption from Hours of Service rules for truckers carrying anhydrous ammonia, as long as the trucker is carrying the ammonia to a farm retailer or an end user located within 100 miles of the ammonia’s distribution point. The proposed exemption would extend an exemption granted on May 21, 2010.

Hours of Service rules are intended to prevent truck drivers from becoming overly fatigued by driving for too long. Fatigued or sleepy truck drivers are the cause of many truck accidents in Missouri and throughout the U.S. each year, some of them fatal. Normally, FMCSA strictly enforces Hours of Service rules in order to ensure the safety of both truck drivers and the motorists with whom large trucks share the road.

The proposed exemption, however, takes into account that during the growing season, farmers often need large quantities of fertilizer or other chemicals at precisely the right times in order to produce the best possible crop. If no driver is available to deliver anhydrous ammonia to farmers on time, the farmer’s crops could suffer. FMCSA’s proposed exemption attempts to balance the needs of farmers for fertilizer against the needs of truck drivers for proper rest.

The public may comment on the proposed exemption until August 13, 2010. Comments may be mailed to Docket Management Facility; U.S. Department of Transportation, Room W-12-140, 1200 New Jersey Avenue, SE., 20590-0001. They may also be faxed to 1-202-493-2251.

If you or someone you love has suffered injury in a Missouri truck accident due to truck driver fatigue, please don’t hesitate to contact the experienced St. Louis trucker fatigue accident attorneys at Page Law. Our skilled lawyers will help you understand your legal rights and help you obtain compensation for pain and suffering, medical bills, loss of wages, and other damages. Call (314) 322-8515 today to schedule a free consultation.

Federal Motor Carrier Safety Administration Issues Final Rule on Electronic Logging Devices

The Federal Motor Carrier Safety Administration (FMCSA) has issued a regulation covering the use of electronic logging devices by trucking companies. The electronic logging devices keep track of a truck’s hours on the road in order to ensure the driver complies with hours-of-service laws. Drivers who violate hours-of-service laws by driving more than the laws allow may be subject to penalties.

The new regulation has three separate parts, all designed to encourage trucking companies to monitor hours of service closely. The first part encourages voluntary use of logging devices by allowing companies that use them to monitor only samples of logs and relieving these companies from the need to keep extensive supporting documents.

The second part makes electronic logging devices mandatory for any company whose truck drivers are found to have committed a “critical” hours of service violation. A critical violation is one in which ten percent of the drivers’ logs show the same violation. For example, if ten percent of a company’s drivers are driving more than eleven consecutive hours without stopping, the company will be found to have committed a critical violation. FMCSA requires these companies to use electronic logging devices for two years.

Finally, the third part of the new rule requires new electronic logging devices to be able to track a truck’s GPS coordinates and to be synchronized with the specific vehicle they are installed to track. Trucks that already have electronic logging devices may continue to use their device even if it does not meet the new requirements.

FMCSA regulations are designed to increase safety for large trucks and the drivers who share the road with them. A driver who fails to follow FMCSA rules may be acting negligently. If you are in an accident with such a driver, you may be entitled to compensation for lost wages, medical bills, pain and suffering, and more. The experienced Missouri big rig crash attorneys at Page Law can help you understand your legal rights and win you the compensation you deserve. Call Page Law today at (314) 322-8515 for a free case evaluation.

Hours-of-Service Regulations: How Long May Truck Drivers Drive?

The U.S. Department of Transportation’s Federal Motor Carrier Safety Division is responsible for enforcing federal laws and regulations regarding the health and safety of tractor-trailer drivers. Among the rules the agency enforces are the hours of service (HOS) regulations. These regulations dictate how many hours a tractor-trailer driver must drive until he or she is required to stop and rest.

A truck driver in Missouri must follow federal and Missouri hours of service regulations if he or she drives a commercial motor vehicle (CMV). A CMV is any vehicle that weighs at least 10,001 pounds; is “designed or used” to transport nine or more passengers for compensation, or sixteen or more passengers not for compensation; or is transporting hazardous materials that require hazardous-materials placards on the sides of the vehicle, regardless of its size.

Currently, CMV drivers carrying property may not drive for more than 11 hours, and must have at least 10 hours off duty before they make an 11-hour drive. The driver may split up the 11 hours into smaller units with breaks in between, but the driver may not drive after the 14th consecutive hour on duty, even if he took 10 or more hours off before that particular shift began. Driving shifts also have limits. In 7 days on duty, a driver may not drive more than 60 hours; in 8 days, not more than 70 hours. A 34-hour break “re-sets” the 7- and 8-day limits.

Drivers who trade off driving to give each other a chance to rest in the vehicle’s sleeper berth must take at least 8 consecutive hours in the sleeper berth between driving shifts, as well as an additional 2 consecutive hours in the remaining 16 hours in the day.

Despite the rules, many truckers in Missouri drive longer than allowed, or do not get adequate rest in between driving shifts. Truck driver fatigue is often a factor in St. Louis tractor-trailer accidents. If you think a truck driver’s fatigue and/or negligence may have injured you or a loved one, please don’t hesitate to contact an experienced St. Louis semi truck injury accident lawyer at Page Law. Our skilled and compassionate attorneys will examine your case and help you understand your legal rights and options. Call Page Law at 314-322-8515 to schedule a free and confidential consultation.

Tired Truckers Rule the Road

The Obama administration is reconsidering a poor decision made by the Bush administration to extend truck drivers’ hours of service. This previous decision has placed the driving public at the mercy of fatigued truckers who are a genuine threat to public safety. According to a news report, the Bush administration, urged by the trucking industry, issued a federal rule allowing truck drivers to put in up to 11 hours a day and cut down the rest time they must get between work weeks as well. Before this rule was passed, truckers were allowed to work only 10 hours behind the wheel each day. Going over opposition by federal courts and the government’s own Occupational Safety and Health Administration (OSHA), the White House passed the rule anyway in October 2008.

This situation existed until the Obama administration worked out a deal recently with several safety advocacy groups to reconsider the Bush administration’s 11th hour rule. But here’s the worrisome part. Until the government is done reconsidering this rule, public safety is still in jeopardy because of tired truckers.

Missouri truck accident lawyers know that truck driver fatigue is a significant factor in many tractor trailer versus car, motorcycle, or other auto accidents. When a truck driver falls asleep at the wheel while operating an 80,000-pound vehicle, there is no question about the damage and devastation such a situation has the potential to cause. In a recent survey, 20 percent of long-haul truck drivers admitted to falling asleep at the wheel. That statistic in itself should tell us how often these dangerous situations are created on our roadways.

If you or a loved one has been injured by a tired, sleepy or fatigued truck driver, please contact Page Law to get more information about your legal rights and options. Our personal injury law firm can immediately alert our truck accident team and begin taking the same action as the truck company and their insurance company. Failure to file your claim promptly may forever bar your claim. The statutes of limitations vary from state to state and could limit the amount of time that a personal injury victim has to file a lawsuit. Please do not let this happen to you. Call skilled attorney John Page today at (866) 620-5757 for a free consultation and case evaluation.

Source:http://www.inthesetimes.com/working/entry/5188/driving_their_lives_away/

The Future is (almost) Now: Wireless Roadside Inspections (WRI)

The FMCSA (Federal Motor Carrier Safety Administration) is currently researching the “Wireless Roadside Inspections” (WRI) program. As currently designed, the program will be voluntary for trucking companies and carriers that have demonstrated safety and compliance capabilities. The program will attempt to automate safety inspections for both the trucking company and driver credentials, their electronic driver logs, and the status of their safety system. Many of the details have yet to be determined and the FMCSA is working with members of the trucking industry to work out requirements that can be of value to both the trucking industry and law enforcement.

This program will be possible because of EOBRs (Electronic On Board Recorders). EOBRs are electronic devices on trucks or tracker trailers that can produce, upon demand, a driver’s hours of service chart, electronic display, or printout showing the time and sequence of duty status changes including the driver’s starting time at the beginning of each day. New EOBR rule (395.16), which provides a regulatory requirement for EOBRs to have capabilities to support wireless inspections, allows for the possibility of wireless access.

The WRI program is currently in a development phase with a pilot operation planned for early 2010. The expected implementation for WRI is in the 2012 to 2015 timeframe. Initially the program hopes to cover inspections of driver and tractor trailer credentials and HOS (hours of service) log data. As stated above participation in WRI will be voluntary.

The focus of this program is to bring new technology to create more efficiency and reliability in tracking and maintaining HOS (hours of Service) data, the most important component of truck safety on our highways. The promise of this program may allow for accurate real time data showing a lack of compliance or abuse of important safety regulations.

Missouri tractor trailer accidents across the highways and interstates of our State, as a result of abuses or failure in compliance of hours of service regulations, cause many deaths and serious injuries. These deaths and injuries, often times forever change people’s lives and can devastate families.

In addition, Missouri 18 Wheeler accidents result in significant lost wages and enormous medical bills. If you or someone you care for has been injured in a Missouri or Illinois tractor trailer accident, contact the truck accident lawyers at Page Law. Our St. Louis personal injury attorneys will help get you the compensation you deserve for you injuries. Our skilled St. Louis truck accident attorneys will help you get through these tough times. Our experience is unparalleled and our commitment to you. To schedule a free consultation, call us at 314-322-8515. You can also visit us online at www.injuredclient.com.

Hours of Service Regulations (HOS) for CMV drivers

Sleep or Profit, Your Safety is in the Balance

Driver fatigue is a significant cause of many Commercial Motor Vehicle (CMV) or tractor trailer accidents in the United States. In the most comprehensive study ever conducted of commercial driver alertness, the Federal Motor Carriers Safety Administration (FMCSA) found that driver fatigue and reduced alertness provided a valid argument to restructure the Hours-of-Service rule (HOS) that had been in place for 60 years.

According to the Federal Motor Carriers Safety Administration (FMCSA) Hours of Service rule, a driver may drive a maximum of 11 hours after a 10 hour break if carrying property. The limit for carrying passengers is 10 hours after an 8 hour break.  This rule has been put in effect to reduce the number of truck accidents our country’s roadways.  This includes many of the highways and roadways running through Missouri. 

Also, a driver must take 34 or more hours of rest after being on duty for 7/8 consecutive days. During the 7/8 days a driver may not drive after 60/70 hours on duty for property or passenger carrying vehicles.

Many factors were studied, including the amount of time spent driving, the number of consecutive days and time of day driving, and the regularity of their schedules to determine these limits.  These limits are put into place for when and how long a driver may be on the road. Safety of all vehicles and other tractor trailers is the biggest concern and the reason for the Hours of Service regulations.

Major findings in the study include:

• Drowsiness is more likely to occur between midnight and 6a.m.
• Driver alertness is more related to time of day than the amount of time driving.
• Drivers were not very accurate at assessing their own levels of alertness.
• Each individual driver showed significant differences in levels of alertness and performance.
• There is a significant shortage in public and private rest areas. In response to the study, about half of the United States’ weigh stations now remain open as rest areas when not in use for weigh stations.

From the results, several suggestions were made to reduce driver fatigue in hopes of reducing Missouri tractor trailer accidents on our roadways.

An additional tool used mostly by private fleets for HOS compliance is the Electronic On-Board Recorder (EOBRs). The benefit of the electronic onboard recorder to drivers is the amount of time they spend maintaining HOS logs. The time savings averaged about 20 minutes per driver per day. Fleet managers using the EOBRs saved an additional 20 minutes per driver per month in management review and administration time.

Groups opposed to the Hours of Service rule argue that these studies do not support the retention of the 11th hour of driving and that those provisions put driver health and public safety at risk. But, with a consistent reduction in tractor trailer accidents in the United States and the lowest ever in 2008 since 1961, these HOS rules seem to be providing the drivers the rest they need for the alertness and performance required of a CMV driver.

In my practice, I have seen driver fatigue contribute to many truck accidents on Missouri’s many   highways and interstates.  Many deaths and serious injuries can be avoided if trucking companies make sure their truck drivers are not operating their tractor trailers when they are fatigued. 

St. Louis truck accidents are often devastating for the families involved.  A truck’s massive size usually means they do an incredible amount of damage in a crash.  Families and lives are often changed forever due to significant injuries and/or deaths. 
 
If you or someone you care for has been injured in a Missouri or Illinois tractor trailer accident, contact the truck accident lawyers at Page Law. Our St. Louis personal injury attorneys will help get you the compensation you deserve for you injuries. Our St. Louis tractor trailer accident attorneys have many years of experience helping accident victims. To schedule a free consultation, call us at 314-322-8515. You can also visit us online at www.truckaccidentlawgroup.com.