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NEWSLETTER

ISSUE 42, FALL 2002

Will There Ever Be New Hours of Service Rules?

Federal Motor Carrier Safety Administration (FMCSA) spokesman, David Longo recently indicated that new Hours of Service Rules are still in the development stage and a private subcontractor has been hired to explore the feasibility of various options. They have no projected date to announce new rules, which are now several years overdue. Proposed new rules were announced in 2000; however, the Trucking Industry lobby exerted its political muscle and subsequent funding to continuing the rulemaking process has been stalled ever since.

As a result, safety initiatives such as on-board recording devices, science and safety based work hours and schedules have not been implemented. The ongoing delay is not good news for those truly interested in highway safety. Could using “contractors to explore options” be code for an agency searching for rules that will please the trucking industry first and address America’s highway safety interests second? There are decades of science already on the books.

We all know that lack of adequate sleep causes fatigue and changes to a driver's circadian rhythm further exacerbates the problem. We also know that drivers are incredibly overworked and many are continually operating 80,000-pound vehicles while sleep-deprived. Is there any doubt that if 96 people were killed every week in airline crashes the FAA would immediately respond with rules to address the safety problems. Why haven’t truck crash victims been able to evoke the same kind of response from the FMCSA? It's time for the FMCSA to get serious about safety.

The prior proposal wasn't ideal for all purposes, but it reflected an attempt to get to the heart of the matter. This rule-making process started in 1996. New rules were finally announced in 2000 (after another 20,000 truck Crash fatalities). Two years (after still another 10,000 truck Crash fatalities) later it seems as if the 53,000+ comments should have been reviewed by now. Are we really going anywhere with this effort or is it all just smoke and mirrors at the continued cost of 5000+ truck Crash fatalities every year?

To again quote MADD:
“Say Nothing, Do Nothing, Stop Nothing.”

P.A.T.T. Needs Your Support

P.A.T.T Is A Non-Profit 501(c)(3) Organization
What does this mean? It means we are dependent upon contributions from individuals, organizations and corporations in support of our mission. Your gift is critical. Donations to P.A.T.T. are tax deductible as charitable contributions. Please make checks payable to:

P.A.T.T.
P.O. Box 14380
Washington, DC 20044-4380

Contributions to P.A.T.T. may also be made by payroll deduction through the United Way. Please specify P.A.T.T. on your United Way campaign contribution form.

FHWA Report On Truck Parking Spaces Purports to Show Adequate Supply

Another study by the Federal Highway Administration (FHWA) shows that parking areas for trucks and buses along major roads and highways are more than adequate across the nation when both public and commercial parking facilities are factored in.

The study included a state-by-state breakdown of commercial and public rest areas. Based on that combination, the study purports to show a sufficient supply in eight states, a surplus in 29 states and a shortage in 12 states. Shortages at commercial truck stops and travel plazas were described as far less common and largely offset public shortages in 35 states.

U.S. Transportation Secretary Norman Y. Mineta said “We will continue to promote dialogue among states, municipalities, and the private sector to ensure the adequacy of truck parking across the nation. Sufficient rest opportunity for drivers is critical to highway safety.”

The study said that public rest areas along the National Highway System (NHS) were never intended and will never be sufficient to accommodate truck-parking demand. As a result, commercial truck stop and travel plaza industry, state highway agencies, and turnpike authorities should and will continue to be principal suppliers of parking facilities for commercial vehicles along major roads and highways nationwide.

The study was mandated by the Transportation Equity Act for the 21st Century (TEA-21), and solicited input from the individual states. During the course of the study, individual states drafted plans for addressing truck parking shortages. Recommendations for states fell into six broad categories:

• Expand or improve public rest areas;
• Expand or improve commercial truck stops and travel plazas;
• Encourage the formation of public-private partnerships;
• Educate or inform drivers about available spaces;
• Change parking enforcement rules; and
• Conduct additional studies. (as usual)

Driver fatigue is widely recognized by government, industry stakeholders, and highway safety advocates as a serious highway safety problem. A preliminary estimate by the department's National Highway Traffic Safety Administration indicates that fatalities involving large trucks remained above 5000 in 2001.

“Safety is our highest transportation priority, and we must find ways to reduce fatigue-related crashes,” FHWA Administrator Mary E. Peters said. “We are working with our state and local partners, as well as with the private sector, to make sure that drivers of trucks and buses have sufficient parking areas for rest stops when they reach their hours-of-service limit.”

The full report can be viewed on the agency Web site:
http://safety.fhwa.dot.gov/

P.A.T.T. has been working on the lack of commercial vehicle parking spaces since the 1996 study showed a nationwide lack of over 28,000 truck parking spaces. Truck drivers continue to be awakened, ticketed and forced to move their rigs in many states (especially VA) where there is a two hour limit on parking. What is more critical-taking up space or requiring a Tired Trucker to break the law and get back on the road before being safely rested? TRAGEDIES will continue to happen as long as only lip service is paid to the parking space shortage problem. Does your state allow truck parking in closed weigh stations? If not, why not? June, 1999, the US DOT sponsored a Rest Area Forum in Atlanta, Georgia. We wonder how many of the suggestions/solutions were implemented.

Drivers Fined For Complying With The Law?
It’s Time To Make Just-In-Time (JIT) Delivery Penalties Illegal

By Jeffrey A. Burns
P.A.T.T. National Transportation Counsel

A truck driver pulls over to take a nap, in compliance with the Federal Safety Regulations, and can be fined for having done so. How can this possibly be consistent with public safety policy? We should not place the driver between the Scylla of not complying with safety regulations and the Charybdis of not making a living, but this is exactly what the current system is doing. To resolve this dicotomy we should make JIT delivery penalties illegal all together. Although JIT delivery has proven to provide substantial efficiencies for the manufacturing and retail sectors, it has turned our trucks into rolling warehouses and our professional drivers into 21st century sweatshop slave laborers.

We fully understand that a driver does not have a supervisor along with him to verify he is not on time because he was napping and not because he was meeting a friend somewhere. With current satellite and communication technologies this is no longer the problem it was previously. Indeed, late JIT deliveries will become much less a problem when P.A.T.T. safety-based recommendations are taken seriously. As a result, more highly qualified drivers are more likely to enter and stay in the driving profession when drivers are paid for all work (by-the-hour), treated like all other American workers, and not expected to more often than not, work over 100 hours per week.

Your Can Help P.A.T.T. Save Lives

Contact your State and Federal Legislators. Let them know how you feel about truck and highway safety. If you support P.A.T.T. tell them that too.

Tell us about opportunities for grants and donations to help with expenses. We do need funds to operate.

Pass out P.A.T.T. materials to increase awareness.

Write or visit your Congressman and tell them that you support P.A.T.T.’s efforts to include truck drivers under the protection of the Fair Labor Standards Act and to have them paid for all time worked.

Drowsy Driving Web Sites

Parents Against Tired Truckers — www.patt.org

National Sleep Foundation — www.sleepfoundation.org

Victims of Irresponsible Drowsy Drivers — www.voidd.com

AAA Foundation for Traffic Safety — www.aaafts.org

Drowsy Driving and Automobile Crash Reports —
swww.nhtsa.dot.gov/people/perform/human/drowsy.html

New York Governor’s Traffic Safety Committee —
www.nysgtsc.state.ny.us

American Sleep Disorders Association — www.asda.org

American Sleep Apnea Association — www.sleepapnea.org

The Sleep Well — http://www.stanford.edu/~dement/

Federal Motor Carrier Association —
www.fmcsa.dot.gov/safetyprogs

American Academy of Sleep Medicine — www.aasmnet.org

Sleep Research Society —
www.sleepresearchsociety.org/srs/index.php

Better Sleep Council — www.bettersleep.org/index.html

Talk About Sleep — www.talkaboutsleep.com

Circadian Learning Center —
www.circadian.com/learning-center

Sleep Information for Patients and the General Public — www.nhlbl/nih.gov/health/public/sleep/index.htm

Fatigue Causes

Long hours of wakefulness
Long hours of mental work and activity
Long hours of physical work and activity

P.A.T.T. Participates In Ohio Safety Efforts

Ohio’s Points of Contacts, Carol & Red Lescher recently represented P.A.T.T. at the Ohio Turnpike Safety Show along with MADD, Ohio Safety Patrol and other organizations. P.A.T.T. commends Ohio for including new safety supporting features in their rebuilt travel plazas such as a very large parking area for commercial vehicles and special lounges for commercial drivers.

What Is Sleep Apnea?

Sleep Apnea is a disorder that afflicts 20 million Americans. It is a condition caused by the collapse of pliable throat tissues during sleep. As a result of repeated breathing obstructions, often hundreds of times each night. The oxygen-deprived sleeper experiences progressively disturbed restless sleep. Sleep Apnea results in job impairment, industrial accidents and driving fatalities.
But it is treatable. What is your snore score?
Your answers to this sleep quiz will help you decide whether you or someone close to you possibly suffers from Sleep Apnea... (Circle One)

1. Are you a loud, habitual snorer, disturbing your bedroom companion? Yes No
2. Do you feel tired or groggy on wakening? Yes No
3. Do you experience sleepiness and fatigue during waking hours? Yes No
4. Are you overweight? Yes No
5. Have you been observed to choke, gasp, or hold your breath during sleep? Yes No

If you answer yes to any of the above, you should discuss your symptoms with your physician. Or contact the American Sleep Apnea Association, 1424 K Street NW, Suite 302, Washington, DC 20005 at (202) 293-3650.