Battle in High Gear Over Truckers' Hours Behind Wheel

The National Highway Traffic Safety Administration projects that when its compilation of 2004 highway fatalities is complete, there will be 5,169 truck-related deaths, a 3.7 percent increase from the 4,986 reported in 2003.

Osiecki said those numbers have to be considered in the context of the number of miles traveled from year to year. ATA reports from member companies show a slight decline in the number of truck accidents from 2003 to 2004, despite an increase in the number of miles traveled by more trucks. "From our data collection, things are not getting any worse, but a little better in terms of truck safety," Osiecki said.

Ronald Uriah , vice president of safety at Pitt Ohio Express in Pittsburgh, said the 2003 rule has worked for his company and its 1,400 drivers. "The new rule is fine. It's working better than expected," Uriah said. "Our accident frequency and driver quality of life have improved."

Uriah said no rule can mandate that a driver rest, adding that from his experience the most fatigue among drivers is on Monday morning after a weekend off. But he said a company can create a culture where safety is a priority.

Some drivers take a different view. Roger Johnson , who works for Con-Way Southern Express , complained in comments he filed on the 2003 rule that he is working longer hours since the rule went into effect.

Johnson said in an interview that he used to make his 500-mile-a-day run and go home after about 12 hours. Now, he said, he is expected to complete his 14-hour shift on the dock or anywhere the company has work for him. "It's more abuse of drivers than there has ever been," he said. "Most of us are spent when we get off our runs."

Phil Vance , who has been driving a truck for 12 years, has begun a petition drive against the rule and says he has more than 1,000 signatures. "This rule has nothing to do with safety. It's economics," Vance said. "This many drivers can't be wrong."

In testimony last month before the Senate Commerce, Science and Transportation surface transportation subcommittee, FMCSA administrator Annette M. Sandberg said the agency will meet the Sept. 30 deadline to issue a new rule. But she warned that the new version, like the old one, will not please everyone. "I am concerned that the revised rule will open the agency and the department to the same kinds of legal challenges we have experienced already," she said, asking the committee to make the 2003 rule permanent.