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Federal Government Sleep Studies & Hours-Of-Service-Rules

TRUCK DRIVERS MUST GET ADEQUATE REST ACCORDING TO STATE AND FEDERAL LAW

COMMERCIAL DRIVER SLEEP STUDIES:
Is Sleep Important To Truckers? The Experts Speak

As the U.S. Department of Transportation Federal Highway Administration has documented in their meticulous report Fighting Fatigue,

"One person's lack of sleep can contribute to another's lack of safety on the Nation's roads. According to the National Highway Traffic Safety Administration's (NHTSA) Senior Research Psychologist Jesse Blatt, fatigue and sleep deprivation contribute to about 100,000 police-reported highway crashes, causing more than 1,500 deaths annually in the United States. And the National Transportation Safety Board also has linked operator fatigue with a number of costly public incidents, including the Exxon Valdez grounding and the collision of subway trains on the Williamsburg Bridge in New York City."

The Federal Motor Carrier Safety Administration's extensive in-depth Commercial Motor Vehicle/Driver Fatigue and Alertness Study notes

"The Driver Fatigue and Alertness Study (DFAS) was the largest and most comprehensive over-the-road study ever conducted on driver fatigue and alertness in North America. It provides extensive information on the alertness, driving performance, and physiological and subjective states of commercial motor vehicle (CMV) drivers as they perform real-life, revenue-generating trips. This Executive Summary overviews the objectives, methods, principal findings, and safety implications of this landmark 7-year study. The DFAS was initiated in 1989 by the Federal Highway Administration's (FHWA) Office of Motor Carriers (OMC) in response to a Congressional directive contained in the Truck and Bus Safety and Regulatory Reform Act of 1988. Field data collection was conducted in 1993 and the project was completed in 1996. The overall cost of the study was US$4.45 million."

U.S. Department of Transportation - Federal Motor Carrier Safety Administration:
Property-Carrying Commercial Motor Vehicles- Drivers Sleeper Berth Provision
"Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two."

"Disruptions compromise both the quantity and quality of sleep and keep you from experiencing continuous, restorative sleep so necessary for performance, safety, and health. They can be caused by an acute or chronic medical condition; a bright, noisy or uncomfortable environment; or awakenings caused by other people. Determining the causes of any sleep disruptions will help you and your doctor determine the best treatment." [Federal Motor Carrier Safety Administration: Interruptions to your sleep
http://www.fmcsa.dot.gov/safety-security/sleep-apnea/drivers/how-is-your-sleep.aspx.]

INSURANCE INSTITUTE FOR HIGHWAY SAFETY: "IIHS further concludes "the fact that risk remained the same regardless of team status suggests that increased risk of fatality is associated with nonconsecutive sleep rather than disturbance from the motion of the truck while sleeping'' (Id., p. 11). [Hertz, R.P., "Tractor-Trailer Driver Fatality: The Role of Nonconsecutive Rest in a Sleeper Berth," Insurance Institute for Highway Safety, October 1987. Revised February 1988 http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/05-16498-HOS-Final-Rule-8-25-05.htm.]

"Driver fatigue is recognized as a major factor in accidents involving long-haul truck drivers. One way in which long-haul truck drivers decrease their fatigue level is through the use of tractors equipped with sleeper berth units. However even with these units, the quality and quantity of sleep that a driver obtains may not equal what they would receive if they were sleeping at home. With that in mind, the primary goal of this project was to assess the impact that sleeper berth usage has on operator alertness... There were a number of findings as part of this study that indicated that the quality and depth of sleep was worse on the road, particularly for team drivers. Team drivers have significantly more sleep disturbances than do single drivers. In addition, for team drivers who sleep while the vehicle is in motion, factors such as vibration and noise affected their sleep..." [FMCSA IMPACT OF SLEEPER BERTH USAGE ON DRIVER FATIGUE: FINAL REPORT http://www.fmcsa.dot.gov/facts-research/research-technology/tech/sleeper-berth-techbrief.pdf.]

The White House: "The FMCSA has acknowledged that driver fatigue is grossly underreported for various reasons. Advocates and others have pointed out in public comments to the 2008 proposed rule as well as prior HOS rules that the agency has, in recent years, repeatedly grossly underestimated fatigue as a factor in truck crashes...FMCSA acknowledged in the 2000 NPRM that "The agency tentatively estimates that 15 percent of all truck-involved fatal crashes are "fatigue-relevant," that is, fatigue is either a primary or secondary factor....

"Other estimates of fatigue involvement in truck crashes are higher. The National Transportation Safety Board (NTSB) estimated that driver fatigue is a factor in 31% of all fatal-to-driver heavy truck crashes, and found fatigue to be a factor in even a higher percentage of all truck crashes investigated by NTSB. The National Highway Traffic Safety Administration (NHTSA) has estimated driver fatigue to be a factor in over 30% of all heavy truck crashes. [http://www.whitehouse.gov/sites/default/files/omb/assets/oira_2126/2126_10182011-22.pdf "Rebuttal of Edgeworth Economics Review of FMCSA's Regulatory Impact Analysis" Advocates for Highway and Auto Safety: October 2011.]


HOME: DontWakeMeUp.Org.

COMMERCIAL DRIVER SLEEP STUDIES: Part 2
Is Waking Up Truckers A Trivial Matter? Judge For Yourself

National Center for Biotechnology Information: "Because sleep disruption may cause fatigue and deterioration of performance, a study was conducted to evaluate the association between sleeper-berth use in two periods and tractor-trailer driver fatality." [http://www.ncbi.nlm.nih.gov/pubmed/3228467?dopt=Citation.]

Federal Motor Carrier Safety Administration: "Trucks are a vital component of the U.S. economy. That contribution comes from moving raw and finished products, as well as some bulk goods, long distances. Because of the long distances and long driving times involved in these contributions to our economy, driver hours of service (HOS) have been regulated for more than 70 years." [http://www.fmcsa.dot.gov/facts-research/research-technology/report/HOS-Driver-Fatigue.pdf.]

Conference on Managing Fatigue in Transportation. This international, multi-modal conference, jointly sponsored by FHWA, ATA, NHTSA, the Association of American Railroads, the Federal Railroad Administration, and the National Transportation Safety Board (NTSB), addressed ways to improve transportation operator alertness and lower crash risk. Expert speakers addressed a variety of topics related to the improvement of operator fatigue management, including improving sleep..." [http://www.fmcsa.dot.gov/facts-research/research-technology/topics/fatigue.htm.]


TRUCK DRIVER ACCIDENTS AND FATALITIES DUE TO INTERRUPTED SLEEP


1. IMPACT OF SLEEPER BERTH USAGE ON DRIVER FATIGUE: FINAL REPORT
http://www.fmcsa.dot.gov/facts-research/research-technology/tech/sleeper-berth-techbrief.pdf

"Driver fatigue is recognized as a major factor in accidents involving long-haul truck drivers. One way in which long-haul truck drivers decrease their fatigue level is through the use of tractors equipped with sleeper berth units. However even with these units, the quality and quantity of sleep that a driver obtains may not equal what they would receive if they were sleeping at home. With that in mind, the primary goal of this project was to assess the impact that sleeper berth usage has on operator alertness."

"There were a number of findings as part of this study that indicated that the quality and depth of sleep was worse on the road, particularly for team drivers. Team drivers have significantly more sleep disturbances than do single drivers. In addition, for team drivers who sleep while the vehicle is in motion, factors such as vibration and noise affected their sleep, although lighting and temperature aspects of the environment did not appear to be much of a factor. These findings suggest that while the vehicle was in motion, the noise and motion environment in the sleeper berth degraded the drivers' sleep. This finding has design implications for sleeper berths and indicates that when the truck is in motion, greater attention should be paid to reducing the amount of vibration and noise that invade the sleeper berth."

2. The White House: http://www.whitehouse.gov/sites/default/files/omb/assets/oira_2126/2126_10182011-22.pdf
"Rebuttal of Edgeworth Economics Review of FMCSA's Regulatory Impact Analysis" Advocates for Highway and Auto Safety: October 2011

"The FMCSA has acknowledged that driver fatigue is grossly underreported for various reasons. Advocates and others have pointed out in public comments to the 2008 proposed rule as well as prior HOS rules that the agency has, in recent years, repeatedly grossly underestimated fatigue as a factor in truck crashes. This was purposely done in prior analyses to limit the benefits calculation of lower maximum HOS limits in agency benefits / cost analyses.

"FMCSA acknowledged in the 2000 NPRM that "The agency tentatively estimates that 15 percent of all truck-involved fatal crashes are "fatigue-relevant," that is, fatigue is either a primary or secondary factor. This includes the 4.5 percent of fatal crashes where fatigue is directly cited, and another 10.5 percent where it contributes to other mental lapses, which then result in a crash. - 65 FR 25545-25546 (May 2, 2000).

"Other estimates of fatigue involvement in truck crashes are higher. The National Transportation Safety Board (NTSB) estimated that driver fatigue is a factor in 31% of all fatal-to-driver heavy truck crashes, and found fatigue to be a factor in even a higher percentage of all truck crashes investigated by NTSB.

"The National Highway Traffic Safety Administration (NHTSA) has estimated driver fatigue to be a factor in over 30% of all heavy truck crashes. Thus, the LTCCS estimate of 13% average fatigue involvement in truck crashes may still be low by comparison to data from other agency studies.

3. National Center for Biotechnology Information
http://www.ncbi.nlm.nih.gov/pubmed/3228467?dopt=Citation
"Because sleep disruption may cause fatigue and deterioration of performance, a study was conducted to evaluate the association between sleeper-berth use in two periods and tractor-trailer driver fatality."

4. U.S. DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
http://www.fmcsa.dot.gov/facts-research/research-technology/analysis/fmcsa-rra-07-017.htm
Large Truck Crash Causation Study (LTCCS) database
Table 2
Associated Factors Assigned in Large Truck Crashes and Their Relative Risk Importance
DRIVER FATIGUE -18,000 TRUCKS -13%

5. INSURANCE INSTITUTE FOR HIGHWAY SAFETY:
"IIHS further concludes "the fact that risk remained the same regardless of team status suggests that increased risk of fatality is associated with nonconsecutive sleep rather than disturbance from the motion of the truck while sleeping" [Id., p. 11]. [Hertz, R.P., "Tractor-Trailer Driver Fatality: The Role of Nonconsecutive Rest in a Sleeper Berth," Insurance Institute for Highway Safety, October 1987 (Revised February 1988) http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/05-16498-HOS-Final-Rule-8-25-05.htm.]

6. http://www.fmcsa.dot.gov/facts-research/research-technology/report/HOS-Driver-Fatigue.pdf
"Trucks are a vital component of the U.S. economy. That contribution comes from moving raw and finished products, as well as some bulk goods, long distances. Because of the long distances and long driving times involved in these contributions to our economy, driver hours of service (HOS) have been regulated for more than 70 years. Research on the safety implications of truck driver work hours were investigated in pioneering research during the 1970s (e.g., Harris and Mackie, 1972; Mackie and Miller, 1978). While the studies in the 1970s used crash and other operations data from carriers in addition to some alertness and driving indicators, a major field study was undertaken in the 1990s, which involved drivers who drove regular routes for their firms while also taking a variety of alertness tests and being subjected to measures of driving performance other than crashes (e.g., Wylie et al., 1996).

7. Hertz, R.P. (1988). Tractor-trailer Driver fatality: The Role of Nonconsecutive Rest in a Sleeper Berth. Accident Analysis and Prevention, Vol. 20, No. 6, pp. 431-439.

8. Conference on Managing Fatigue in Transportation. This international, multi-modal conference, jointly sponsored by FHWA, ATA, NHTSA, the Association of American Railroads, the Federal Railroad Administration, and the National Transportation Safety Board (NTSB), addressed ways to improve transportation operator alertness and lower crash risk. Expert speakers addressed a variety of topics related to the improvement of operator fatigue management, including improving sleep, monitoring operator alertness, alternative approaches to HOS regulation, and new methods and technologies in fatigue management. Conference proceedings are available from Government Institutes, Inc., 301-921-2355
http://www.fmcsa.dot.gov/facts-research/research-technology/topics/fatigue.htm

9. NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
http://www.ninds.nih.gov/disorders/brain_basics/understanding_sleep.htm
Brain Basics: Understanding Sleep
Do you ever feel sleepy or "zone out" during the day? Do you find it hard to wake up on Monday mornings? If so, you are familiar with the powerful need for sleep. However, you may not realize that sleep is as essential for your well-being as food and water.

10. Large Truck - Passenger Vehicle Crashes
One-half of the LTCCS crashes involved collisions between a large truck and a passenger vehicle (car, pickup truck, van, or sport utility vehicle). In those crashes, the same associated factors coded most often for the large trucks usually were also coded most often for the passenger vehicles. For both large trucks and passenger vehicles, there was a statistically significant link between the following 10 associated factors (listed in descending order according to how often they were coded for the large truck) and coding of the critical reason:
1. Interruption of the traffic flow
2. Unfamiliarity with roadway
3. Inadequate surveillance
4. Driving too fast for conditions
5. Illegal maneuver
6. Inattention
7.Fatigue
http://www.fmcsa.dot.gov/facts-research/research-technology/analysis/FMCSA-RRA-07-017.htm

11. Wake-Up Call for Carrier and Driver: Falling Asleep Can Result in Punitive Damages
By Marshal M. Pitchford and Christopher E. Cotter [link] Google cache here. .


TRUCK DRIVERS MUST GET ADEQUATE REST ACCORDING TO STATE AND FEDERAL LAW


1. It is very important to get adequate rest as a truck driver. Drivers encounter very dangerous and hazardous conditions, including rain, snow, ice, black ice, hail, sleet, icy mountain roads and windstorms; particularly in the winter months. It is imperative to rest without unnecessary interruption. This, according to thousands of state and federal authorities, is literally a matter of life and death

2. "The fact that risk remained the same regardless of team status suggests that increased risk of fatality is associated with nonconsecutive sleep rather than disturbance from the motion of the truck while sleeping'' [Id., p. 11]. Hertz, R.P., "Tractor-Trailer Driver Fatality: The Role of Nonconsecutive Rest in a Sleeper Berth,'' Insurance Institute for Highway Safety, October 1987 (Revised February 1988).

Federal laws mandating sleeper berths and ten hours of uninterrupted sleep:

3. HOURS-OF-SERVICE RULES for Property-Carrying CMV Drivers (Valid Until July 1, 2013) include an 11-Hour Driving Limit.
http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm
Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty. The driver's on-duty shift (including, stops, loading, fueling, breaks, etc.) can not exceed 14 hours total.

4. Drivers using the Sleeper Berth Provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two. Prior to February 27, 2012, "On-duty time provision "Includes any time in CMV (Commercial Motor Vehicle) except sleeper-berth". At the time of the incident which is the subject of this lawsuit occurred, the driver (Plantiff) was required to have ten hours uninterrupted in the sleeper berth, not the present rule of 8 hours.
http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm

5. Interstate Truck Driver's Guide to Hours of Service
http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/fmcsa-guide-to-hos.PDF

  • a) What is On-Duty Time? All other time in a truck unless you are resting in a sleeper berth.
  • b) What Is Off-Duty Time? In order for time to be considered off duty, you must be relieved of all duty and responsibility for performing work. You must be free to pursue activities of your own choosing and be able to leave the place where your vehicle is parked.
  • c) How Does the Sleeper Berth Provision Work? If you drive a truck that has a sleeper berth that meets the requirements of the safety regulations, you may use it to get the required off-duty time in three ways:
    1. You may spend time in your sleeper berth to get some of, or all of, the 10 consecutive hours of off-duty time. When getting your 10 consecutive hours of off-duty time, what is most important is that you do not go on duty or drive during those 10 hours. At the end of the 10 consecutive hours of combined sleeper and/or off-duty time, your 11-hour driving and 14-hour duty-period limits would completely restart.

6. Hours of service of drivers Section 395.1 Scope of rules in this part.
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.1

"(g) Sleeper berths (1) Property-carrying commercial motor vehicle (i) In General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in Sections 395.2 and 393.76 of this subchapter, (A) Must, before driving, accumulate (1) At least 10 consecutive hours off duty; (2) At least 10 consecutive hours of sleeper-berth time; (3) A combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours..."

"(j) Travel time (1) When a property-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period."

The URL for this page is: http://libertyfight.com/dontwakemeup/adequate_rest_federal_law.html

Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, TargetLiberty.com, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, HenryMakow.com, OverdriveOnline.com, Educate-Yourself.org, TexeMarrs.com, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, SaveTheMales.ca, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, FromTheTrenchesWorldReport.com, BeforeItsNews.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.

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