Missouri Truck Accident Blog

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 Cagle. 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.