Kentucky Injury Law News

Kentucky residents may be interested to know that 20,648 drivers were pulled over during Operation Safe Driver Week in October. That figure includes both commercial truck drivers and those driving passenger vehicles. There were 19,657 citations or warnings issued in the United States while another 991 were issued in Canada. Of those citations, roughly 75 percent of them were for speeding or other moving violations.

The goal of Operation Safe Driver is to reduce the number of injuries and deaths related to unsafe behavior on the road. Examples of unsafe behavior include speeding or failing to use a safety belt. Other common infractions include driving while distracted or refusing to obey a traffic control device. Of the citations issued to passenger vehicles, 39 percent were for speeding while 20 percent of all citations given to commercial vehicles were for speeding.

During this year’s campaign, 11,182 citations were given to commercial drivers. This was a significant drop from the 13,807 in 2015. However, the number of citations or warnings given to passenger vehicle drivers increased from 7,205 in 2015 to 9,466 in 2016. Numbers were taken from data collected by almost 3,000 law enforcement officials in both the United States and Canada.

Commercial trucks present substantial hazards to smaller vehicles when they are involved in collisions. Both truck drivers and other motorists need to be aware of the dangers that these large vehicles present to minimize the risk of being involved in an accident.

Passenger vehicle drivers sometimes cause accidents with large trucks because they’re unaware of how difficult it is for truck drivers to slow and control their rigs. Truck drivers are unable to see vehicles that are driving alongside or directly behind them, so motorists should steer clear of these areas. When passing large trucks, drivers should do so quickly and tap their horns so that the truck drivers are aware of their presence. Motorists should also avoid changing lanes suddenly in front of large trucks, driving between big rigs and leaving their vehicles in the travel lane.

Truck drivers should be aware of the braking distances that are required to stop their trucks, have adequate training and always follow the speed limits. They should not drive when they are drowsy, and they should pay attention to the traffic around them and in front of them. They should also follow safety regulations for trucking at all times, including hours-of-service rules.

The idea of commercial truck drivers resting while their vehicles are moving may seem scary to Kentucky residents. However, the American Transportation Research Institute believes that autonomous trucks may soon allow rest and productivity to occur simultaneously. In a report, the ATRI discussed how the implementation of autonomous trucks could change the trucking industry.

The ATRI said that truck drivers should not worry about their jobs going away as a result of self-driving vehicle technology. Autonomous trucks that are capable of driving on their own would still require a human to come along for the ride. As autonomous trucks move down the highways, the ATRI says that truck operators could work on non-driving related tasks and logistics. Drivers may also be able to get rest while their trucks are moving, which could lead to changes in hours-of-service limits.

There are many infrastructure changes that would need to be made in order to get autonomous trucks on the roads. For example, the nation’s highways need to be smoother for self-driving trucks to operate successfully. Another roadblock for autonomous trucks is cost, as adding autonomous technology to one new truck would cost around $30,000. Maintenance of autonomous technology and the possibility of cyber attacks are also concerns.

Kentucky drivers may be interested to know that roughly 3,900 trucks were put out-of-service during September’s Brake Safety Week. This was according to the director of vehicle programs for the Commercial Vehicle Safety Alliance. The event took place Sept. 11-17, and of those trucks, 2,352 were removed from the road for brake violations. Furthermore, there were 1,100 trucks taken out of service for both brake violations and violations not related to brake issues.

Overall, there were 18,057 trucks inspected during Brake Safety Week. Inspectors were looking for brakes that were out of adjustment or had other issues such as loose parts or leaking fluid. Inspectors also were on the lookout for cracked or damaged brake pads, drums or linings. If a truck had anti-lock brakes, inspectors checked to see if anti-malfunction indicator lamps were in compliance.

In a statement, a representative for the CVSA said that Brake Safety Week gave inspectors a chance to identify trucks that may have critical violations. The event was also a chance for both drivers and carriers to understand just how important it is for a truck to have safe and properly functioning brakes. By keeping a truck’s brakes in good condition, it helps to ensure the safety of the vehicle as well as those on the road.

Road safety advocates in Kentucky and around the country were likely pleased to learn that a legal challenge to the Federal Motor Carrier Safety Administration’s employment screening process was dismissed by a federal appeals court. Six truck drivers filed a lawsuit in 2014 claiming that releasing information about non-serious safety violations infringed on their privacy, but these arguments failed to impress an appellate court. On Oct. 21, the U.S. Court of Appeals for the 1st Circuit affirmed a lower court’s decision to dismiss the case.

The FMCSA was ordered by Congress to give trucking companies access to certain safety information in 2005. Lawmakers made the move to ensure that employers had a reliable way of checking the safety records of prospective drivers. Those applying for truck driver positions sign a waiver allowing access to the records, and logistics companies submit this form to the FMCSA along with a $10 fee to obtain the information.

The Congressional mandate required the FMCSA to release information about accidents, inspections and serious safety violations. The drivers filed their legal challenge because the FMCSA also provided employers with information about safety violations not considered serious. Violations are considered serious when they prevent a driver from getting behind the wheel until they have been resolved. Both of the courts hearing the case determined that the mandate laid down by Congress established the minimum amount of information that the FMCSA should release but did not set an upper limit.

Kentucky residents may be aware that Federal Motor Carrier Safety Administration published a rule in December 2015 requiring electronic logging devices to be used by U.S. truck operators to keep track of how long their drivers spend behind the wheel. The new rule was challenged in federal court by the Owner-Operator Independent Drivers Association, but an Oct. 31 judicial ruling has paved the way for the regulation to go into effect in December 2017 as planned.

The advocacy group filed their lawsuit in March, and the parties involved made oral arguments Sept. 13. The OOIDA claimed that the electronic monitoring devices rule violated the constitutional rights of the two truck drivers named in the lawsuit and failed to meet standards laid down by Congress. However, judges in the 7th Circuit Court of Appeals unanimously rejected these arguments and ruled that the FMCSA regulation should go into effect as planned.

In 2011, the same federal court ruled that the FMCSA’s previous ELD rule failed to protect truck drivers from harassment. The judges hearing the challenge to the latest version of the rule were satisfied with the steps taken by the FMCSA to address these issues. The electronic devices will replace the paper logs currently used by truck drivers to keep track of their hours.

Kentucky motorists who share the nation’s roadways with trucks and other large commercial vehicles may be interested in knowing that 9,080 trucks and 1,436 drivers were placed out of service during the Commercial Vehicle Safety Alliance’s 2016 edition of its 72-hour International Roadcheck campaign. According to the CVSA, numbers were down from the previous year’s figures with percentage totals in 2016 representing new record lows for the annual safety event.

The three-day campaign was held in June, and the numbers were released by the non-profit association on Oct. 20, 2016. Brake violations topped the list of vehicle-related OOS orders that were issued during the event, and they accounted for almost half of the noted safety violations in this category. Other notable violations included tires and wheels, lighting devices and cargo securement. Suspensions, frames, steering mechanisms, driveshaft, fuel systems, coupling devices and exhaust systems rounded out the bottom of the list with each accounting for less than 5 percent of all vehicle-related OOS orders that were issued during the campaign.

The largest percentage of driver-related OOS orders related to hours of service violations followed by improper logs, improper endorsement and disqualified driver. Drugs and alcohol violations caused 1 percent of drivers to be placed out of service, a percentage that was down from 2.1 percent in 2015. The Roadcheck campaign also addressed hazmat violations, which resulted in 13 percent of trucks hauling hazardous materials being placed out of service.