A federal agency wants to pass more safety rules that apply to truck drivers
in Visalia and Porterville, but there are significant cost-benefit questions.
The Federal Motor Carrier Safety Administration is on a campaign against
sleep apnea. Proposed rules would basically require truckers who exceed
a certain BMI and neck size to be tested for the condition, even if they
have no symptoms. Advocates for owner-operators claim that the system
is “guilty until proven innocent” and that the procedure is unfair, because truckers must miss work
to be evaluated. Furthermore, if the test comes back negative, the insurance
company may claim the procedure was not medically necessary and deny coverage,
so the owner-operator will be stuck with the bill.
Advocates also point to a 2004 FMSCA study that found no correlation between
sleep apnea and large truck crashes.
Commercial Drivers’ License Rules
CDL holders must comply with a variety of laws to stay on the road, and
because large truck crashes can cause such catastrophic damage, the DMV
is quick to suspend CDLs. Because points accumulate 50 percent more quickly
for commercial drivers,
NOTS suspension is always a threat.
The FMCSA also has the authority to take action against drivers, up to
and including suspension, based on things like:
- Alcohol or substance abuse,
- Excessive traffic tickets,
- HOS (hours of service) noncompliance,
- Crash data, and
- Inspection data.
The FMCSA normally uses law enforcement data to compile its reports, so
the information may be inaccurate. For example, a fix-it ticket that is
timely resolved may still show up as an adverse event.
Getting Legal Help
The aggressive attorneys at Bigger & Harman, APC, are committed to
giving individuals a voice when dealing with speeding and traffic tickets.
Call today at 661-349-9300 or email
firstname.lastname@example.org to receive the personal professional attention you deserve. En español,
llame al 661-349-9755.