More Commercial Truck and Bus Drivers Using Safety Belts in 2009

Posted on March 22, 2010 by Tim Titolo

I was pleasantly surprised by findings of a 2009 survey recently published by the Federal Motor Carrier Safety Administation. 

As a short prelude to the findings, I always wondered why the law could enforce seatbelt usage and buses rarely even came equipped with them.  Well, at least not for passengers.

Although the regulations distinguish school buses from other passenger carrying buses, do we want our kids buckled up on their way to and from school?  What do you think about that?

New data from the U.S. Department of Transportation's Federal Motor Carrier Safety Administration show 74 percent of commercial truck and bus drivers are now using their safety belts. Only 65 percent of drivers were using safety belts in 2007.

A total of 20,818 commercial drivers operating medium- to heavy-duty trucks and buses were observed at 827 roadside sites nationwide for the survey. Key findings include:

  • Safety belt use for both commercial drivers and their occupants was higher at 78 percent in states where law enforcement may stop drivers for not wearing a safety belt, versus 67 percent in states with weaker belt use laws.
  • Commercial drivers for regional or national fleets showed higher safety belt use at 78 percent, versus 64 percent for independent owner-operators.
  • Safety belt use rates for commercial drivers and their occupants were highest at 79 percent in the West, compared with 75 percent in the South, 68 percent in the Midwest, and 64 percent in the Northeast.

The executive summary for the Safety Belt Usage by Commercial Motor Vehicle Drivers Survey and other safety belt educational materials may be found at www.fmcsa.dot.gov/safetybelt.

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Florida Student Suffers Brain Injury in Truck Accident

Posted on February 23, 2010 by Tim Titolo

Truck driving safety is provided in the Federal Motor Carrier Safety Regulations published by the Federal Motor Carrier Safety Administration.  There are specific limitations on the number of hours a driver can be on duty.  Violation to these limits is unsafe and can create liability for a trucking company and its driver.  Fatigued drivers make highways and roads dangerous places for all of us.

A college student in Florida alleged that the tractor-trailer driver violated federal motor carrier safety rules by failing to take the required off-duty time after working a 24-hour shift as a county firefighter. Lymon v. Bohn No. 53-2007-CA-7728 (Fla., Polk Co. Cir. Mar. 20, 2009).

Kendra Lymon, 19, was driving through an intersection on a green light when Robert Bohn, driving a tractor-trailer truck, made a left turn into the intersection even though his view was obscured by another truck in the opposite turn lane. Bohn’s tractor-trailer T-boned Lymon’s car on the driver’s side, crushing the vehicle and sending it spinning off the highway.

Her injuries included brain damage that resulted in a motor speech disorder, difficulty swallowing, mild left hemiparesis, bowel and bladder incontinence, cognitive defects, and seizures. She also sustained a fractured left scapula.

Lymon’s mother, Vanessa, on her behalf, sued Bohn and his employer, Bynum Transport, Inc. Vanessa Lymon alleged that the trucking company had provided no ongoing safety training or defensive driver program for its drivers and that it failed to enforce federal motor carrier safety rules about driving hours and rest periods.

The plaintiff alleged that Bohn began his shift without taking the mandatory 10 hours of off-duty time after working a 24-hour shift as a battalion chief for the county fire services, a violation of federal rules. Furthermore, the plaintiff claimed, he violated basic traffic safety rules by turning without waiting for a clear view.

The jury awarded the plaintiff $65 million. The defendants have appealed.
 

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U.S. bans truckers & bus drivers from texting while driving

Posted on January 27, 2010 by Tim Titolo

I ran across this timely article in the Washington Post written by Ashley Halsey III on January 27, 2010.  It speaks to the dangers arising from behaviors of truck and drivers.

On Tuesday, the federal government formally barred truckers and bus drivers from sending text messages while behind the wheel, putting its imprimatur on a prohibition embraced by many large trucking and transportation companies.

"We want the drivers of big rigs and buses and those who share the roads with them to be safe," said U.S. Transportation Secretary Ray LaHood. "This is an important safety step, and we will be taking more to eliminate the threat of distracted driving."

LaHood has made the effort to curtail driver distractions a centerpiece of his tenure as the nation's top transportation official. Some saw his announcement as a step that might ultimately fuel a push to ban cellphone use by all drivers.

LaHood's announcement followed a study released in July by Virginia Tech's Transportation Institute that found that when truckers text, they are 23 times as likely to be involved in a crash or close call.

Also Tuesday, a group of senators unveiled legislation that seeks to bar all texting while driving.

"This is a giant step forward for safety on our roads, but we must do more," Sen. Charles E. Schumer (D-N.Y.) said of LaHood's action. "We need the administration to support our ban, which does the same thing for cars and mass transit that they are now doing for trucks and buses."

Although both houses of Congress are considering bills restricting texting and 19 states have banned the practice, LaHood said that existing rules on truckers and bus drivers give him the authority to issue the prohibition. LaHood said drivers of commercial vehicles caught texting could be fined up to $2,750.

Enforcement of LaHood's ban is so problematic, however, that it might prove more symbolic than practical.

"The enforcement problem here is enormous," said Russ Rader of the Insurance Institute for Highway Safety. "It's not clear this is going to make any difference on the road in terms of crashes."

Last year, President Obama banned federal employees from texting while driving government vehicles and from texting in their own cars if they use government-issued phones or are on official business.

With LaHood leading the effort, supported by mounting evidence of the dangers, Adkins said that an effort to ban cellphone use by all drivers could be proposed this year.

"At some point, we'll have to address that issue," Adkins said. "We think 2010 will be the year when we do something about distracted driving. We can't remember a secretary ever taking the issue of highway safety so seriously."

In announcing the ban, LaHood mentioned data compiled last year by the Federal Motor Carrier Safety Administration. The agency said that texting drivers take their eyes off the road for an average of 4.6 out of every six seconds. At 55 mph, he said, that means a texting driver travels the length of a football field, including the end zones, without looking at the road.

I intend to monitor trucking issues, changes to safety monitoring and regulations as part of my interest in trucking law.
 

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