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  • This Blog and all materials on it have been prepared by Kraft & Associates for informational purposes only and not as legal advice. While we do attempt to keep our material up-to-date, we cannot guarantee that it is either complete or current, and it may not reflect the latest legal developments. Do not act upon any information contained in this Blog without seeking the advice of legal counsel licensed in your own state. Kraft & Associates does not wish to represent anyone who is in a state where this Blog fails to comply with all laws and ethical rules of that state. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. I am NOT your lawyer until you and I have each signed a written contract stating that I am your lawyer. The attorneys and employees of Kraft & Associates make every effort to reply to e-mail inquiries as promptly as possible. However, we cannot guarantee that we will always be able to quickly respond to your questions. If you have a time-sensitive inquiry, please call us at (214) 999-9999 or (800) 989-9999. Please feel free to send us e-mail with your comments, suggestions or questions. But understand that sending e-mail to our firm or to any attorney in the firm does not establish an attorney-client relationship. Communications between you and an attorney are not privileged until the parties have agreed upon legal representation and we cannot agree to maintain the confidentiality of such communications. Please do not send confidential information to us via e-mail without first communicating directly with us by telephone. E-mail is not a secure medium of communication. Links to other Blogs or to Web sites are not intended as endorsements of the linked sites. The linked sites are not under the control of Kraft & Associates and we are not responsible for the contents of any linked site. If you have read this whole disclaimer, congratulations on your perseverance. Please let us know any way we can help you. The entire contents of this Blog are copyright © 1997-2008, Kraft & Associates. All rights reserved. In addition, certain articles at this site are reprinted with permission as indicated therein.

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December 02, 2008

Bush Administration’s Rule Forces Truckers to Drive to Point of Exhaustion, Puts Motorists at Risk

That's the headline of a recent statement by Joan Claybrook, President of Public Citizen. Public Citizen is a national, nonprofit consumer advocacy organization founded in 1971 to represent consumer interests in Congress, the executive branch and the courts. Here is the full statement:

At this point, in the 11th hour of the Bush administration, we weren’t holding out much hope that the Federal Motor Carrier Safety Administration (FMCSA) would suddenly change course and do the right thing when it comes to limiting the number of hours truckers may spend behind the wheel. And true to its eight-year history of putting corporate profits above consumer protection, the Bush administration didn’t disappoint.

The rule that FMCSA released today governing the number of hours truckers can drive each day (known as hours-of-service rules) is practically identical to two rules that the U.S. Court of Appeals for the District of Columbia struck down last year and in 2004 after Public Citizen challenged the regulations.

FMCSA’s rule, which ignores mountains of safety research, authorizes the exact same 11-hours of driving and 34-hour restart provisions of rules past – rules that the court deemed were inadequate. Under the rule, drivers may continue to log a physically and mentally demanding 77 hours behind the wheel in a seven-day period, take a mere 34 hours off, then hit the road to do it all over. In addition, drivers can be required to work 14 hours a day, which includes loading and unloading cargo. The rule also fails to require electronic on-board recorders that are essential to assure effective enforcement of the rule.

This rule will continue to force truck drivers to continue enduring sweatshop-like working conditions. This puts the health and safety of drivers at risk, along with the public who must share the road with tired truckers. From 2003 to 2006, the number of annual deaths among occupants of large trucks increased from 726 to 805, according to the Department of Transportation. Additionally, nearly 4,584 people were killed in 2007 in crashes involving large trucks, while another 76,000 were injured. Research clearly shows the risk of a crash dramatically increases after eight hours of driving.

The Obama administration and the next Congress should add the hours-of-service rule to its list of wrong-headed Bush administration policies that should be rescinded. The courts, the truckers’ unions and consumer and safety advocates have pushed for a sensible rule to no avail. For real change, it’s time to put the safety of truckers and the motoring public first.

*Note: Joan Claybrook was administrator of the National Highway Traffic Safety Administration from 1977-1981.

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