In June, a highly publicized trucking accident involving a Wal-Mart tractor-trailer and a luxury bus seriously injured famous comedian/actor Tracy Morgan and several others, while leaving one occupant dead. The fatal truck accident turned national attention back to the matter of the much-debated safety concerns over truck driver fatigue and how to combat it effectively while maintaining fairness to responsible truck drivers’ earning capacities.
In the fatal accident, the truck driver, Kevin Roper, a Wal-Mart employee, was charged with vehicular manslaughter. Wal-Mart employs its own fleet of tractor trailers and professional drivers. Prosecutors have accused Roper of not resting or sleeping for more than 24 hours prior to the fatal crash. While multiple media outlets were quick to print the prosecution’s claims, an early report produced by the National Transportation Safety Board (NTSB) stated Roper had only been working for 13 1/2 hours at the time of the trucking accident, which is technically within the current federal limit of 14 consecutive hours on duty.
Unpaid Down-Time is what drives Truckers to Forego Rest Periods
Traffic safety advocates everywhere hope the conversation on driver fatigue continues forward and many feel the current long-haul trucking and logistics system is in dire need of reform. However, a successful approach to reform could be to implement changes that impact the root economic causes behind truckers’ unsafe practices – not just coming up with new ways to punish violators. Failing to address how certain provisions constrain truckers’ already limited earning power could force some of those in a financial pinch to devise more crafty ways to circumvent the system.
Different truckers and related trucking industry stakeholders offer varying viewpoints and perspectives on what compels some truckers to flirt with danger and drive past the point of fatigue. There are also several viewpoints on how to address the issue.
Truckers who violate Hours of Service (HOS) provisions claim to do so in order to have a shot at earning a decent wage. Many professional truckers feel that today’s logistics marketplace demands a pace of work that is literally impossible to keep up with if they’re “driving legal” and obeying HOS regulations consistently. Rising consumer demand has increased the need for overnight shipments and fresh produce trucked between coasts. Long-distance shippers respond by continually increasing the demand to move goods quickly. Long-haul truckers are incentivized to stay on the road as much as possible and cover as many miles as possible in any given time period.
Commercial truck drivers (OTR / long-haul) are explicitly exempted from the Fair Labor Standards Act. This means they are not legally entitled to overtime pay or other protections designed to prevent their labor from being exploited. Economist Michael Belzer once compared semi-trucks to ‘sweatshops on wheels’ because of the generally low rates of pay, long working hours and relatively unsafe conditions.
Many modern trucking companies and OTR carriers make their operations work on very tight profit margins in a highly competitive industry. Some truckers claim that carriers place tremendous pressure on their drivers to break the law by staying out on the road too long. Federal safety rules are ignored more often than most people might commonly realize in order to ensure on-time delivery to their customers.
Independent owner-operators (contract truckers who own their own big rigs), are often under tremendous pressure, too. Owner-operators often rely on brokers to land jobs, and some of these drivers claim they will lose opportunities for work if their deliveries take too long because they strictly follow HOS rules. Many receiving docks are only open during certain hours. If a trucker misses that open window, he/she must wait until the following day. Additionally, some truckers claim there is always someone else willing to bend the rules a bit if it means being hired for a decent haul.
Electronic Truck Logs may Offer a Partial Solution
The Federal Motor Carrier Safety Administration is planning to implement a long-recommended measure of mandatory electronic logging in all long-haul semi-trucks. Electronic monitors record every second of engine operation, idle time, speed, and miles travelled – providing for an accurate log than the traditional paper logbooks.
Phasing in electronic logging systems will likely help guard against some unsafe practices, yet they fail to address a few of the greatest sources of trucker fatigue. Many seasoned truckers will tell you that substantial periods of “detention time”, the unpaid hours during which a truck is sitting at a terminal or loading dock, is what truly tires them out. Excessive delays waiting for new loads often force truck drivers to stay on duty for several more hours than allowed under federal law.
In addition, most long-haul truckers receive no pay for the hours they spend completing mandatory inspections, waiting on truck repairs, filling out paperwork, and inspecting their loads. None of these essential, time-robbing tasks will be addressed by electronic logs, and drivers will most likely continue to squeeze their down-time duties into their required “rest” periods.
Many might agree that electronic monitoring offers only a partial solution to a serious public safety problem. For those desiring safer highways and fewer commercial truck accidents, steps to address the economic realities that drive truckers to push their limits must also be taken. An experienced trucker earns roughly $40,000 annually. However, when you take into account that he/she works 70+ hours each week, the hourly rate is $11 to $13 per hour. Restructuring how truck drivers are paid may help encourage them to follow the rules.
References: LA Times
