
The Federal Motor Carrier Safety Administration regulates the number of hours a day truck drivers can be on our roads. Since 2003, drivers have been limited to 11 hours of duty after 10 hours of rest and a maximum of 60 hours on duty in any given 7 day period.
Drivers who choose to violate these rules are subject to serious penalties. Drivers themselves can face fines from both state and local enforcement officials. Their companies can face civil penalties of up to $11,000 per violation in addition to a downgrade of their safety rating for a pattern of violations. Finally, federal criminal penalties can be brought against those carriers and drivers who knowingly and willfully allow Hours-of-Service violations.
The penalties only increase when the trucker and his company attempt to fraudulently record their hours. Just ask Rose and Robert Vyhnalek, former owners of R.J. Vyhnalek Trucking, a Nebraska corporation. The pair were fined more than $50,000 for violations. After pleading guilty to directing their drivers to violate hours-of-service regulations, the pair was each fined $12,500 and ordered to pay another $20,000 in restitution by a federal judge for conspiring to violate FMCSA regulations.
Tired Drivers are Unsafe Drivers
The limits on the hours of service are for good reason. The National Transportation Safety Board estaimtes that as many as 30-40% of all heavy truck accidents are related to truck driver fatigue. In addition to the long hours drivers work, their sleeping conditions are not always the best. Between the long hauls and the uncomfortable hotel beds, tired truck drivers pose a large risk to anyone else on the road.
Researches at Penn State discovered that allowing drivers to stay on the road after the 10th hour of service makes the 11th hour more than three times more dangerous than the first. Dr. Paul Jovanis, who led the study, says that while the risk of crashing was statistically similar during the first six hours on the road, it increased significantly for each hour thereafter.
How Can You Stay Safe?
There is no way that we, as individuals, can force drivers to get the right amount of sleep or to honestly complete their logbooks, but there are some things you can do to keep yourself safe on the road from truckers.
Shapiro, Cooper Lewis & Appleton, P.C.
1294 Diamond Springs Road
Virginia Beach, VA 23455
Toll Free: (800) 752.0042
Phone: (757) 460-7776
Fax: (757) 460.3428
What is the FELA (Federal Employer's Liability Act)?
How does the FELA work?
How is the FELA different from, or similar to, workers compensation?