Safety Issues & Trucking Regulations

Under federal law, truck drivers are only allowed to drive a certain number of hours continuously before being required to stop and rest. In 2003, due to political lobbying efforts on the part of the trucking industry, regulators chose to loosen these restrictions rather than increase them. Additionally, government regulators rejected efforts on the part of insurance companies and safety groups demanding more rigorous training for truck drivers.

Deregulation - Putting Everyone at Risk

Under the banner of creating economic opportunity and freeing industry of inefficient rules and regulations, the Federal Motor Carrier Safety Administration (FMCSA) has worked hand in hand with the Bush White House to increase deregulation of the trucking industry. Facilitated in many their actions by a Republican-led Congress, federal agencies have removed a number of safety regulations. Led in many cases by former trucking industry insiders, these federal agencies have also balked at enforcing certain safety standards and regulations. In each instance, the Bush Administration has cynically argued these changes were justified by resulting savings and financial windfalls for consumers and businesses.

Decreased Regulation = Increased Safety?

Proponents of loosened standards argue that revised regulations result in goods being delivered faster and cheaper. They also claim longer driving hours means less trucks on the highway. If increased restrictions are placed on drivers, trucking companies will have no other choice but to put more trucks on the road driven by less experienced drivers. In support of these claims, industry officials and regulators point out that the annual number of truck accident related fatalities - about 5,000 - has not increased. Additionally, the number of deaths per miles traveled continues to decline. Critics of increased regulation also point out that the number of injuries caused by truck accidents has also dropped over time.

The Alchemy of Statistics

In opposing increased deregulation, safety groups point out that the fatality rate for truck-related accidents is almost double the number for accidents involving only cars. According to these groups and insurance companies, current policy is diametrically opposed to the direction provided by the Clinton administration, resulting in the federal government consistently missing its own targets for decreasing the truck-related death rate.

Going Backwards - Profits Trump Safety

The FMSCA has, with the support of the Bush administration, loosened the rules governing how many hours a trucker can drive, overturned proposals for reducing widespread misreporting in recording hours in drivers' logs, and rejected attempts to institute more rigorous, thorough driver training.

How We Ended Up Where We are Today

It wasn't until the 1930s that the federal government began oversight of the trucking industry. Initially, the government limited competition, determined safety standards, and set rates. From the beginning, trucking companies lobbied Congress for legislation beneficial to their bottom line, winning concessions that made them exempt from wage and labor laws. During the early years of federal regulation, the industry claimed it could determine its own safety standards and police itself better than anyone else.

Driving limits were not instituted until 1937. At this time, drivers could drive up to 10 hours continuously after which they were required to rest for a minimum of 8 hours. Of the 6 remaining hours, drivers could engage in other work-related activities such as loading their vehicle or taking a lunch or dinner break. At the most, drivers could only drive up to 60 hours over 7 consecutive days or 70 hours over an 8 day period. In order to ensure compliance on the part of drivers, the government required drivers to keep a log of their driving hours.

Attempts to Tighten Rules

Over time, several efforts were made to tighten rules and accountability. However, due to lobbying on the part of the trucking industry, these attempts were blocked. As today, trucking companies argued any attempt to strengthen rules and increase regulation would only result in economic harm without necessarily increasing safety. After deregulation of the trucking industry in 1980, profit margins grew even thinner due to increased competition. The result? As companies compete to deliver goods faster and cheaper, drivers have seen their real wages decrease and turnover increase. Critics and safety advocates claim these factors have contributed to a number of safety problems.

Misreporting Hours Driven

Falsified driving hours is not a closely guarded secret in the trucking industry. Drivers often refer to their log books as "comic books," recognizing the practical reality of delivering goods on time while being expected to comply with federal regulations. Even if a driver is caught falsify his book, the fines are small. Additionally, the FMSCA does not have the resources or manpower to adequately monitor the more than 700,000 businesses and almost 8 million trucks in its charge.

Congress - Taking Action

In 1995, Congress attempted to introduce new safety rules to reduce driver fatigue. However, the Federal Highway Administration, the agency in charge of truck safety at that time, did not follow up on the suggestions put forward by Congress. In 1997, the Clinton administration set itself the task of reducing the annual number of truck accident related fatalities within a decade. In 1999, Congress created a new agency, the Federal Motor Carrier Safety Administration (FMCSA), in response to the inability or unwillingness of the industry itself or the government to adopt appropriate safety measures and initiatives.

In 2000, the FMCSA introduced more stringent rules governing driving time and work time. Under the new set of proposed rules, drivers could work a maximum of 12 hours a day but were then required to rest at least 10 hours between shifts. In order to ensure compliance with these news rules, electronic monitoring devices were to be installed, replacing the older, easily falsifiable hand written reports.

Under the Bush administration, in April of 2003 the FMCSA increased the maximum amount of driving hours allowed. Under these new rules, driving hours increased from 60 hours over 7 consecutive days to 77 hours; and, 88 hours over 8 consecutive days from 70 hours over 8 consecutive days. The number of maximum allowable daily work hours increased to 14, including driving and other work-related activities. Interestingly enough, FMCSA rescinded its earlier plan to install electronic monitoring devices to ensure the accuracy of a driver's log.

The Impact of Loosened Requirements

According to the FMCSA, these new requirements should have led to a decrease in truck accident fatalities by increasing the time off allowed for drivers from 8 hours to 10. In the following year, the FMCSA required at least 10 hours of training for new drivers - even though none of it required on-the-road training.

Due to initiatives on the part of safety groups and the teamsters union in advocating measures to ensure safer roads, the courts have taken notice. A panel of three judges from the federal appeals court in Washington issued a strongly worded, highly critical opinion in July of 2004 regarding actions and decisions on the part of the trucking industry. In August of 2005, the FMCSA released a set of rules identical to its earlier recommendations, prompting the teamsters union and safety groups to challenge them in court once again.

In regard to driving training, a three-member appeals court panel criticized the trucking industry for refusing to take into consideration its own studies indicating the need for more thorough driver training. So far, the FMSCA has not issued any new rules or requirements in regard to driver training.

To date, the FMSCA, the agency charged with creating safer roads and safer trucking, continues to fail in meeting its annual targets for decreasing truck accident related fatalities.

Contact Chalat Hatten & Koupal PC Today

If you have been injured in a serious trucking accident and would like to speak to an attorney about the legal options available to you, contact Chalat Hatten & Koupal PC today and schedule a free consultation.

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  • James H. Chalat
  • Linda J. Chalat
  • Russell Ray Hatten
  • Christopher Paul Koupal
  • Evan Phillip Banker
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