OOSC, Part I, Item 9. Driver's Record of Duty Status, a.(6) False Record of Duty Status

Driver fatigue is a growing problem throughout the industry. Fatigued drivers have received attention by the media recently due to several high profile fatality and injury collisions in 2011. A study done by the National Transportation Safety Board (NTSB) in the 1990s showed fatigue was the most frequently cited probable cause or factor in crashes with driver fatalities (NTSB/SS-95-01). While performing Commercial Vehicle Safety Alliance (CVSA) inspections some drivers are found to falsify their logbooks in an attempted to hide driving hours or on duty not driving hours while they were on a 34 hour reset. Some drivers falsify logbooks to hide hours in an attempt to keep them under the 60 or 70 hour rule. After finding a false logbook it is almost impossible to recreate the actual hours driven or on duty not driving time. Current out of service (OOS) criteria is to place a driver out of service for 10 hours. Some drivers know how to abuse the system and do not understand how serious a safety issue it is. The 60 and 70 hour rules were developed due to what is called cumulative fatigue effects. In short this occurs when sleep is obtained within a 24-hour period but in an amount that is less than the 7 to 8 hours that several studies determined to be sufficient. Sleep loss also can accumulate over time into what is often referred in studies as ‘sleep debt.’ It takes more than 10 hours off to recuperate from this effect. The 34 hour reset was developed to allow for ‘operator flexibility.’ It allows drivers to plan their trips better. A survey conducted the American Trucking Association (ATA) in August of 2007 showed that most drivers were not using the 34 hour reset to maximize hours but to allow for more flexibility. With that said drivers that falsify their logbooks most likely are exceeding safe hours of operation and are an imminent hazard to the citizens on the road and state infrastructures.

While performing Commercial Vehicle Safety Alliance (CVSA) inspections some drivers are found to falsify their logbooks in an attempted to hide driving hours or on duty not driving hours while they were on a 34-hour restart. Some drivers falsify logbooks to hide hours in an attempt to keep them under the 60 or 70-hour rule. In July 2007 a study was published about large truck crashes (FMCSA-RRA-07-017). In this study they show the top ten critical reasons why a crash occurred. Fatigue is in the top ten. Other articles show fatigue as a growing problem on the roadways for all vehicles not just large trucks. It is such a growing problem that the National Transportation Safety Board (NTSB) supported a national fatigue awareness week from November 6-12, 2011. The Federal Motor Carrier Safety Administration (FMCSA) adopted the hours of service (HOS) with a 34-hour restart. This was done to give driver’s more flexibility on where and when they could reset their 60 or 70-hour rule. If a person goes over the 60 or 70-hour rule they can be out of service (OOS) for up to 34 hours for the restart. If that same person falsifies their logbook to keep under the 60 or 70-hour rule they would be placed out of service for 10 hours under the current OOS criteria. The same goes for someone that falsifies his or her 34-hour restart. Theoretically, a person that falsifies their 34 hour restart could easily be on-duty for over 112 hours without acquiring regulatory rest periods. The final rulemaking November 19, 2008 talks about five studies used by FMCSA in creating the 34-hour restart (or recovery period). Four of the studies supported 34 hours of time off (rest) or less while one of the studies supported a time longer than 34 hours. It’s a documented fact most long haul truck drivers do not have a set schedule. The 34-hour restart was created to combat the cumulative effect that a driver gets while working different hours and not getting eight consecutive hours of sleep that many studies show is needed for health combating fatigue. The same ruling talks about a study that was conducted where people worked eight hours for three days then worked a four hour on / four hour off for two days. Researchers found that the average performance of drivers dropped to 67 percent of the baseline. This study could be applied to the driver that falsifies his or her logbook so they drive more hours without the adequate eight hours of sleep. If they do this over two days their driving performance drops considerably. The studies used in the final ruling contradict placing a driver OOS for 10 hours for a false logbook. It is almost impossible to determine accurate hours for someone that has falsified his or her logbook. In the promotion of safety, drivers who falsify their HOS records should be deemed an extreme risk and subject to a mandatory 34 hour restart. The deterrent factor is apparent in the number of false logbook violations discovered in the Province of British Columbia compared to Washington State. In Canada the OOS time for a false logbook is 72 hours. During a six month enforcement period beginning January 1, 2011 and ending June 30, 2011, British Columbia reported 207 false logbook violations compared to 808 violations reported by Washington State.

Change the OOS time from 10 hours to 34 hours for false logbook. I will be available in April for the conference in Bellevue if needed.