Quote:
Originally Posted by GMAN
As far as I know there is no federal law which dictates that a driver cannot drive while fatigued. The law simply states that we must show 10 hours in the sleeper and/or off duty before driving.
|
But of course when accidents like the above happen a simple investigation ensues and the driver is up for manslaughter and the company is being sued for millions or billions of dollars. Paper logs won't change that either. The fact remains that drivers and companies do not want electronic logs because they cannot falsify them. The driver in the above scenario was 100% legal in his HOS.. its a poor example to use when trying to come up with some argument against electronic logging / HOS compliance.
---------------------------------------------------------------------------------------------------------------
§ 392.3: Ill or fatigued operator.
No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.
Citation: [35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]