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According to Fox News reporting the week of December 5, 2016, the trucking industry scored a victory when Republican lawmakers added a provision to a must-pass spending bill that effectively suspended regulations issued by the Obama administration requiring truckers to take two nights off to rest after a work week of up to 75 hours. Safety advocates are concerned that this provision may signal the start of a broader rollback of transportation safety regulations. 

“Unfortunately, it's going to be an open season on safety in this coming Congress," said Jim Hall, chairman of the National Transportation Safety Board during the Clinton administration. 

Hours of service rule for trucking company drivers 

The rules and regulations which govern commercial motor vehicles and their operating companies are established by the Federal Motor Carrier Safety Administration (FMCSA). In July 2013, the FMCSA announced truck safety regulations to limit the average work week for truck drivers to ensure that truck operators have adequate rest. When truckers work long daily and weekly hours on a continuing basis, they may suffer chronic fatigue, a high risk of crashes, and a number of serious chronic health conditions in drivers. It was estimated that the safety regulations would save 19 lives and prevent approximately 1,400 crashes and 560 injuries each year. 

FMCSA's previous hours-of-service final rule provided: 

• Limits the maximum average work week for truck drivers to 70 hours, a decrease from the current maximum of 82 hours;
• Allows truck drivers who reach the maximum 70 hours of driving within a week to resume if they rest for 34 consecutive hours, including at least two nights when their body clock demands sleep the most - from 1 a.m. to 5 a.m. and
• Requires truck drivers to take a 30-minute break during the first eight hours of a shift. 

"Safety is our highest priority," said U.S. Transportation Secretary Ray LaHood. "These rules make common sense, data-driven changes to reduce truck driver fatigue and improve safety for every traveler on our highways and roads." 

Why does the trucking industry want safety regulations rolled back? 

The New York Times reported in August 2015 that the trucking industry, through its chief trade group, the American Trucking Association, insists that it needs longer work weeks and bigger vehicles so that more trucks will not be needed on the road, which it says could result in more accidents. 

The trucking groups have said they are most concerned with the provision that forces drivers to take 34 hours off, which must include being off the road from 1 a.m. to 5 a.m. on two consecutive days during that period. The rule’s requirements for scheduling rest breaks at night forced more trucks onto the road during the daytime when traffic is most congested. 

Are rollbacks of safety regulations a good thing? 

In a blog to its drivers in 2013, Ryder Trucking Company said the top 5 causes of truck accidents were: 

1. Failure of truck driver to adhere to or obey the rules of the road
2. Speeding or unsafe acceleration
3. Under-inflated tires on big-rig trucks
4. Cargo shifting or improperly loaded commercial trucks
5. Truck driver fatigue (over-driving without proper rest breaks) 

The death toll in truck-involved crashes rose 17 percent from 2009 to 2013. Fatalities in truck-involved crashes have risen four years in a row, reaching 3,964 in 2013 (latest data available,) reported the New York Times. 

There are serious consequences to driving while fatigued as fatigue impairs a driver from safely performing even basic-driving tasks. Reaction time, judgment and erratic-driving behavior may occur when a driver is fatigued. 

According to Truckers Report: A Complete Guide for Truck Driving Safety, “Truckers have one of the most demanding and life-threatening occupations available across industrialized societies. They have to drive in unsafe weather conditions under strict time restraints that cause them to push themselves to their limit, regardless if it starts to pour down rain or snow covers the asphalt. Truckers also have to face driving for long hours, which can cause problems when driving at night. Therefore, truckers have to exercise caution while traveling the roads. Safety plays an important role in the overall safety of truck drivers and other drivers on the road.” 

Fort Myers Truck Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. said, “The trucking industry is an integral part of our economy, and the safety of its drivers and the general public is extremely important. If you or a loved one has been injured, whether the truck driver or another motorist, contact our experienced law firm for assistance.” 

Fort Myers Truck Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.