IT PAYS TO BE SAFE

No. 15, April, 2010
The Ill or Fatigued Driver

In last week's It Pays to be Safe No. 14, every driver had an opportunity to review the ongoing need to stay physically fit and in good health to operate a commercial motor vehicle. However, even for the most fit driver, there are days that he/she may be ill or fatigued.

Section 392.3 of the Federal Motor Carrier Safety Act specifically provides that:

• 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.

The Federal Motor Carrier Safety Act does, however, provide that in the case of grave emergency or hazard to occupants of the vehicle or other users of the highway would be increased by discontinuing operation, a driver may continue to operate his/her truck to the nearest place at which the hazard would be removed.

Section 392.4 also provides that a driver can't overcome his fatigue or illness through the use of amphetamine (pep pills), "bennies," narcotics or any other substance which would render the driver incapable of safely operating his truck.

The law and common sense tell us that a driver who is tired and sick to the point it affects his ability to operate his vehicle safely needs to pull off the roadway, or never start their trip.

Remember, it pays to take care of yourself, just as "it pays to be safe."