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Driver Fatigue
Attorney Gordon S. Johnson, Jr.


No where does the highway safety run more clearly afoul of short term profits than in the area of driver fatigue. It is easy to see how greed can induce truckers to drive longer hours, with shorter breaks, to increase their income. Yet fatigue not only involves the horrific prospect of a trucker falling asleep while behind the wheel of an 80,000 pound vehicle, but it is also slows reaction time, effects judgment and even effects vision. The tired driver is not a safe driver. Profits are not the only incentive, as truckers may push themselves beyond safe limits, for motivations as simple as getting home for the weekend or avoiding day time traffic problems.

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Regulatory Scheme. It is with the understanding that the individual driver cannot be trusted to use his or her own judgment to know when to quit, that both federal and state regulations impose maximum hours that can be driven, between mandatory rest periods.

  • Maximum Hours: The first requirement is to regulate the maximum amount of hours that can legally be driven.
  • Driver Logs: The second is to require detailed logs of what hours are driven.
  • Auditing of Logs: The third is to implement an auditing plan to assure that logs are kept accurately.

Should Truckers to Drive after Midnight?

Hours of Driving. (Subject to numerous exceptions)

Daily requirement: No driver can drive a motor vehicle for more than 11 cumulative hours, following 10 consecutive hours "off duty." or
For any period after the 14th hour after coming on duty.

7 day requirement. No driver can drive, if they have been on duty 60 hours in 7 consecutive days;

8 day requirement. No driver can drive, if they have been on duty 70 hours in 8 consecutive days.

Weekly Rest Period. In order to start a new 7/8 day period, the driver has to be off for at least 34 or more consecutive hours.

  • Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.
  • On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

NEXT: Driver Logs

Johnson Law Office
1-800-992-9447

email:
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For a full treatment of the topic of brain injury, and recovering adequate compensation for those who have survived such injury, please visit our other pages:

tbilaw.com - a general treatment of all types of brain injury, including severe brain injury and concussion, with a special focus on the legal aspects of recovering full and adequate compensation for such injuries. tbilaw.com has been at the cornerstone of our web advocacy for brain injury since we went online in 1996.

waiting.com - a page designed to assist those with issues regarding coma, especially in the acute phase when the doctors are saying "I just don't know."

vestibulardisorder.com - Addressing vertigo and dizziness resulting from trauma as well as information and resources for vestibular disorders.

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The materials on this World Wide Web site are provided purely for informational purposes and are not legal advice. These materials are intended, but not promised or guaranteed, to be correct, complete, and current. This web site is not intended to be a source of advertising, solicitation or legal advice. Therefore, the reader should not consider this information an invitation for an attorney-client relationship. Readers should not act or rely upon any information contained in this World Wide Web site and should always seek the advice of competent counsel.
The owner of this web site is a law firm, the Johnson Law Office which organized the Brain Injury Law Group. The Johnson Law Office is licensed to practice in the States of Wisconsin , Illinois and Michigan. The Brain Injury Law Group does not wish to represent anyone desiring representation based upon their viewing any portion of this World Wide Web site that fails to comply with all legal and ethical rules in such individuals state. While not intended to do so, but in a good faith effort to comply with all rules and regulation which may be applicable to it, the Brain Injury Law Group hereby informs readers that this site may be construed as advertising and promotional materials. The Brain Injury Law Group makes no representation that it can obtain the same results as reported in this web site in other legal matters.
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©Attorney Gordon S. Johnson, Jr., 1997-2006.

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