Recent Accident Highlights Importance of New Law Requiring Electronic Truck Logs
Finally making a change that has been under consideration for years, the Federal Motor Carrier Safety Administration (FMCSA) has enacted rules which will require drivers of commercial trucks and buses to record their hours worked and miles driven with automatic electronic logging devices, rather than with generations-old paper logs. As of February of 2016, the rule will govern those companies which already utilize electronic logs, and as of December 2017, all vehicles governed by the FMCSA will be required to have compliant devices. Sadly, the change did not occur in time to prevent an accident many speculate is attributable to driver fatigue.
The rules regarding how drivers are required to log their hours date all the way back to 1938, when the FMCSA first required paper logs from drivers. While it might seem at first like useless paperwork to require these logs of all commercial drivers, these logs are one of the primary ways that the FMCSA enforces its hours of service rules. Under those rules, drivers must not spend more than 11 hours in a 24-hour period driving their work vehicle, and must be off the clock for at least ten of every 24 hours. Drivers are required to update their log regularly with the number of hours they’ve worked and miles driven, along with logging each break they take and any time spent on work tasks other than driving. With the option of using paper logs, drivers are susceptible to pressure from employers to drive beyond the legal limits to improve delivery times, and to later make compliant (but untruthful) entries into their logs.
The new rule on electronic logging devices calls for all commercial drivers to use a device which connects directly to their bus or truck’s on-board computer, so that logging begins as soon as the vehicle is started. The devices must record the vehicle’s speed, GPS location, and miles traveled, as well as any breaks the driver takes. The devices must not be susceptible to tampering in order to comply with federal regulations.
A recent accident shows why this legal development has an impact on all drivers and bus passengers. A Greyhound Bus driving through the night from Los Angeles to Northern California crashed, killing two passengers and leaving another ten injured. The driver of the bus admitted that he had been tired prior to the crash, and had stopped earlier that evening for a cup of coffee. Passengers described seeing the driver nodding off and weaving between lanes. Prior to this, the driver had a safe driving record. Larry Hanley, the president of the Amalgamated Transit Union, described poor working conditions for commercial drivers, and said that fatigue among bus drivers was “at a crisis level.” While Greyhound drivers are instructed to take nine-hour breaks between 10-hour shifts, Hanley noted that drivers feel compelled to lie in their driving logs in order to keep up with demand and make a sufficient income. Forcing drivers to use logs which must reflect the true hours worked by the driver may prevent fatigued drivers from getting behind the wheel instead of getting the rest they need.
If you have been injured in a truck or bus accident in South Carolina and need experienced legal assistance to ensure you’re fully compensated for your losses, contact the knowledgeable personal injury and accident lawyers at Peake & Fowler for a consultation on your case, at 803-788-4370.
