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OOSC, Part I, Item 5. Sickness or Fatigue

Entry DateFebruary 12, 2009
Issue Number09-007-DRV
NameJames M. Addison
AgencyIndiana State Police, Commercial Vehicle Enforcement Division
Address5252 Decatur Blvd., Suite J.Indianapolis, IN, 46241United StatesMap It (opens in a new tab)
Phone(317) 615-7373
Fax(317) 821-2350
Email[email protected]
CommitteeDriver-Traffic Enforcement Committee
StatusClosed
Summary of Issue

The current OOSC dealing with a driver that is sick or fatigued. A driver is only placed OOS for a period of time until the driver feels he/she is no longer impaired. (392.3)

Justification or Need

Indiana believes this is an urgent issue which needs to be addressed by the Driver Committee at the upcoming CVSA convention in Louisville, KY. The problem with the OOS is it allows the driver to make the determination when he/she is no longer imparied. We do not believe the driver is the best one to determine this. They could decide they are not fatigued 15 minutes or less after being placed OOS and return to driving, only to fall asleep 5 minutes later crashing and possibly killing themselves and others.

Request for Action

We would like the Driver Committee to change the OOSC from until no longer immpaired to a time limit consistent with other driver violations which seem to call for rest. Make it a 10 hour out-of-service time limit before the driver could resume driving again.