Rules differ for truck drivers, who are permitted to drive for 11 straight hours after 10 hours off.  Truck drivers have a hard 14-hour window, which can’t be extended.

It is unclear if the government will change the on duty hour limitations for bus drivers.  Industry leaders claim that the current regulations are appropriate and only a few carriers are skirting the law.  However, it is clear that in light of the recent deadly crashes, the government needs to change the duty hour limitations for bus drivers.

Contact Boyd B. Newton PC, a prominent  Commercial Vehicle Accident Attorney in Atlanta, for more information.

The rule prohibits CMV drivers from holding, dialing, or reaching for a hand-held cellular phone.  This includes all push-to-talk functions, but hands-free use of a cellular phone is allowed.  The ban does not prohibit or restrict the use of Citizen Band Radios, GPS, or fleet management systems.

Dialing

A driver is allowed to initiate, answer, or terminate a call by touching a single button on a mobile telephone or on a handset.  This action should not require the driver to take his or her eyes off the road.

Reaching

A driver is not permitted to reach for a cellular phone or hands-free device that is done in “an unacceptable and unsafe manner.” Examples of this behavior would be reaching for a cellular phone on the passenger seat, under the driver’s seat, or into the sleeper berth.  To be in compliance with the rule, a driver must have a cellular phone and/or hands-free device within “close proximity” to his or her person.

Driver and Motor Carrier Penalties

CMV drivers who are convicted of a hand-held cell violation twice within a three year period will be disqualified for 60 days.  If convicted of a third violation within three years the driver will be disqualified for 120 days.  They will also be subject to federal civil penalties of up to $2,750 for each offense.  Motor carriers that allow their drivers to use hand-held cell phones while operating a commercial motor vehicle face a maximum civil penalty of $11,000 per violation.

Employer Liability

The rule states that “no motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV.” In the preamble, FMCSA interprets the regulatory language to mean that motor carriers are responsible for the actions of its drivers, regardless of whether or not such actions are sanctioned by the motor carrier, FMCSA will hold employers accountable if the employee was doing his or her job, carrying out company business, or otherwise acting on employer’s behalf when a violation occurs.

State Requirement

States are required to adopt the regulations within three years of enactment.  Once states adopt the federal regulatory language, the rule will become applicable to intrastate non-hazmat CMV drivers.

Exemptions

The proposal also allows hand-held cell phone use by drivers for emergency purposes and contacting law enforcement.

For more information concerning the new CMV Driver laws, contact Boyd B. Newton PC, an expert CMV Accident Attorney in Atlanta.

Washington –  U.S. Transportation Secretary Ray LaHood today announced a final rule that employs the latest research in driver fatigue to make sure truck drivers can get the rest they need to operate safely when on the road.  The new rule by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers.

“Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked,” said Transportation Secretary Ray LaHood.  “The final rule will help prevent fatigue-related truck crashes and saves lives.  Truck drivers deserve a work environment that allows them to perform their jobs safely.”

As part of the HOS rulemaking process, FMCSA held six public listening sessions across the country and encouraged safety advocates, drivers, truck company owners, law enforcement and the public to share their input on HOS requirements.  The listening sessions were live webcast on the FMCSA Website, allowing a broad cross-section of individuals to participate in the development of this safety-critical rule.

“This final rule is the culmination of the most extensive and transparent public outreach effort in our agency’s history,” said FMCSA Administrator Anne S. Ferro.  “With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer.”

FMCSA’s new HOS final rule reduces by 12 hours the maximum number of hours a truck driver can work within a week.  Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period.  The new HOS final rule limits a driver’s work week to 70 hours.

In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes.  Drivers
can take the 30-moinute break whenever they need rest during the eight-hour window.

The final rule retains the current 11-hour daily driving limit.  FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.

The rule requires truck drivers who maximize their weekly work hours to take at least two nights’ rest when their 24-hour body clock demands sleep the most – from 1:00 a.m. to 5:00 a.m.  This rest requirement is part of the rule’s “34-hour restart” provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty.  The final rule allows drivers to use the restart provision only once during a seven-day period.

Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense.  Trucking
companies that allow drivers to exceed the 11-hours of driving time limit by three or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.

Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013.  The rule is being sent to the Federal
Register today and is currently available on FMCSA’s Website at http://www.fmcsa.dot.gove/HOSFinalRule.

ATA President and CEO Bill Graves complained that the “announcement of a new rule on the hours-of-service is completely unsurprising. What is surprising and new to us is that for the first time in the agency’s history, FMCSA has chosen to eschew a stream of positive safety data and cave in to a vocal anti-truck minority and issue a rule that will have no positive impact on safety.” Mr. Graves continued his rant by saying, “From the beginning of this process in October 2009, the agency set itself on a course to
fix a rule that’s not only not broken, but by all objective accounts is working to improve highway safety. Unfortunately, along the way, FMSCA twisted data and, as part of this final rule, is using unjustified casual estimates to justify unnecessary changes.”

ATA Chairman Dan England, Chairman of C.R. England, complained “Even with an uptick in truck-involved fatalities in 2010, since the current rules went into effect in 2004, fatalities have fallen 29.9%, even as overall miles traveled for trucks has risen by tens of billions of miles. ”

“By forcing through these changes FMCSA has created a situation that will ultimately please no one, with the likely exception of organized labor,” England whined.  “Both the trucking industry and consumers will suffer the impact of reduced productivity and higher costs.  Also, groups that have historically been critical of the current hours of service rules won’t be happy since they will
have once again failed to obtain an unjustified reduction in allowable daily driving time.  Further, it is entirely possible that these changes may actually increase truck-involved crashes by forcing trucks to have more interaction with passenger vehicles and increasing the risk to all drivers.”

Bill Graves further lamented, “This rule will put more truck traffic onto the roadways during morning rush hour, frustrate other motorists and increase the risk of crashes…By mandating drivers include two periods between 1 a.m. and 5 a.m. as part of a
‘restart’ period, FMCSA is assuring that every day as America is commuting to work, thousands of truck drivers will be joining them, creating additional and unnecessary congestion and putting motorists and those professional drivers at greater risk.  The largest percentage of truck-involved crash occur between 6 a.m. and noon, so this change is not only effectively destroys the provision of the current rule most cited by professional drivers as beneficial, but it will put more trucks on the road during the statistically riskiest time of the day.”

For more information visit Boyd B. Newton PC,  one of Atlanta’s Best Attorneys.

Source: Associated Press

If you or someone you love has been involved in an accident caused by a distracted driver, contact Boyd B. Newton today.  Boyd B. Newton is an Auto Accident Attorney proudly serving the Metro Atlanta Area.  Give us a call or visit us online at http://www.injurylawyerofatlanta.com.

Transvaginal mesh products are used to repair conditions in women such as pelvic organ prolapsed (POP) and stress urinary incontinence (SUI).  Pelvic organ prolapsed is the bulge of organs/structures surrounding the vagina into the vaginal opening or extending beyond the vaginal opening, caused by a laxity of supporting tissue of the vagina.  Stress Urinary Incontinence is the involuntary leaking of urine associated with an increase in intraabdominal pressure which may be caused by straining, physical activity, coughing or sneezing.

From 1992 until 2010, the FDA approved 168 vaginal mesh devices used for repair of POP or SUI.  These products were approved using
the 510(k) process and they did not undergo preclinical testing.  Most of these devices were approved between 2001 and 2010.  Serious complications associated with surgical mesh for vaginal repair of pelvic organ prolapsed and stress urinary incontinence have increased dramatically along with the flood of additional mesh devices onto the market. From 2008 until 2010, nearly 3,000 adverse events have been associated with surgical repair of POP and SUI using the transvaginal placement of mesh.  These adverse events include organ perforation, bleeding, urinary incontinence, fecal incontinence, pelvic pain, infection, discomfort during intercourse, and the need for corrective surgeries.

If you or someone you love has suffered from Transvaginal Mesh Products, contact Boyd B.Newton.  Boyd B. Newton is a prominent Atlanta Product Liability Attorney with the knowledge and experience to help.

The FMSCA expected to install the CSA program by late 2010.  One of the main tools the FMSCA will use to evaluate carriers and drivers is the new Safety Measurement System (SMS) which will use more roadside inspections and other data to identify and suspend  at-risk carriers and drivers.

Almost a year after the anticipated completion date, the GAO report found the new safety measurement system (SMS) program still cannot be used to remove unsafe carriers from the road because the program has not completed the rule-making needed to do so.  Furthermore, the report found that the other safety measure intended to be implemented could not be used because the technology needed to implement the program will not be completed until 2012.

Because the FMCSA has not provided comprehensive information to Congress,   the federal government can say it lacks the information needed to make decisions based upon the FMCSA pilot program initiated back in 2004. To read the full GAO report, go to http://www.goa.gov/products/gao-11-858.

Boyd B. Newton is an experienced commercial truck wreck attorney in the Atlanta area.  For more information, please visit http://www.injurylawyerofatlanta.com.

Thus far, the FDA has received more than 1,000 patients reports regarding complications associated with the use of the mesh.  According to the FDA, reported complications include the mesh becoming exposed or protruding out of the vaginal tissue, pain, infection, organ perforation and urinary problems.  Some cases required additional surgery or hospitalization for treatment or to remove the mesh.

If you or someone you know has had complications from transvaginal mesh, give us a call.  Boyd B. Newton is an Atlanta Product Liability Attorney with understanding and know how.  Visit us online at http://www.injurylawyerofatlanta.com for more information.

Ms. Tucker said she had pulled of the road to check a light in her cab, then accelerated down the emergency lane to re-enter the right lane.  According to her testimony in court, she saw lights approaching, but believed they were far away.  Testimony was presented to the jury that Ms. Tucker had been on duty for about 19 hours prior to the accident, in violation of the 14-hour “Hour of Service” Rule of the Florida Motor Carrier Safety Act.

Do you have questions concerning commercial trucking accidents?  Boyd B. Newton, a prominent Atlanta Truck Wreck Attorney, can help.  Contact us at 404-593-2630 or visit us online at http://www.injurylawyerofatlanta.com/legal-services/truck-accident-lawyer-atlanta.

The Institute has released its 2011 Top Safety Pick Awards.  The Institute chose sixty-six (66) vehicles to receive the Top Safety Pick award for 2011.  IIHS recognizes the vehicles that do the best job of protecting people in front, side, rollover, and rear crashes based on testing conducted by the Institute.  The Institutes testing and criteria are more stringent and significantly exceed governmental requirements.

The awards are given to automobiles by “class” and cover large/midsize/small cars, SUVs and minivans.  Hyundai/Kia and Volkswagen/Audi led the awards in 2011 with nine winners each.  The new 2011 Ford Explorer achieved the first-ever Top Safety Pick for that vehicle model.  Volkswagen’s Touareg was the only “Large SUV” to win the award.  The Institute’s website has a complete list of the 66 vehicles which earned the Top Safety Pick awards for 2011.The website also includes a brochure which buyers should look for when purchasing a vehicle (www.iihs.org/brochures/pdf/sfsc.pdf).

Source: IIHS

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