Hours of Service Rules Challenged by Trucking Associations
When the Federal Motor Carrier Safety Administration proposed new restrictions on the hours of service a truck driver could operate, there was no doubt there would be controversy. Trucking industry insiders believe that the new rules are needlessly restrictive and will not make a significant difference in the number of truck accidents. The American Trucking Association (ATA) is petitioning the U.S. Circuit Court of Appeals for the District of Columbia to review the validity of the newly proposed rules.
The new rules are designed to reduce the number of truck drivers who drive while fatigued. Tired drivers are a serious threat to themselves and to other motorists. By further limiting the hours a truck driver can work in a seven day period, and by further requiring a rest period during every eight hour shift, the FMCSA is attempting to ensure that drivers are not forced to operate their trucks in a state of exhaustion.
The trucking group claims that the FMCSA did not follow proper procedure before making the rules change. The new rules will certainly place a financial burden on trucking companies and independent truck drivers. With fewer driving hours available to them, they will either need to hire additional drivers or limit the range they cover with their shipments. The ATA also claims that the changes are unnecessary due to the progress that has already been made in reducing trucking accidents.
Fatigued driving is a dangerous problem. While there may be other ways to ensure that drivers are well-rested, the FMCSA restrictions of hours of service will certainly give drivers more down time in which to rest. The question comes down to how much value should be placed on saving lives. At what point does saving lives become cost prohibitive? Apparently, the ATA believes we have already reached that point.
Source: Claims Journal, "Trucking Industry Fights Obama Rules on Driver Fatigue," by Andrew G. Simpson, 17 February 2012
Watch A Quick Video:
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.
**Board certification is not required to practice law in Illinois, and the Illinois Supreme Court does not recognize specialties in the practice of law.
What Our Clients Say
- Just wanted to take a moment to say thank you. I know a lot of hard work, by all of you, went into the preparation of this case and we wanted you to know that it is greatly appreciated. We worried about many things during that period, but one thing we didn't worry about was our attorneys. What a fine team you make! You guys are great! Read More
- I wanted to touch base with everyone again to express my thanks to everyone involved in the USAir 1016 case for the way the case was handled and the way you treated myself and my family. While I realize that there are other law firms that could have tried the case, I don't believe they could have matched the caring you showed us... Read More
- How do we thank you for doing such a tremendous job with the lawsuit against Freeport Memorial Hospital?...The day that check arrived I was so nervous, in fact I was a wreck until we had it safely invested. I am not thanking you just as our attorney, but as a very good friend...Read More
- We would like to take this opportunity to express our heartfelt thanks for the supportive service that you have given our family during the past three years. While we wish that we would not have found ourselves in a situation requiring your services, we are grateful for the sensitive way...Read More
Email Us For a Response
Have Questions? We Have Answers.
Tell us about your case and we’ll get back to you with a FREE case evaluation.
Bold labels are required.
Premier Personal Injury & Wrongful Death Attorneys
Call 877-216-4213 or Email Us For A Free Initial Consultation