Tragedy in New Jersey
This Editorial appears in the June 16 print edition of Transport Topics. Click here to subscribe today.
"Hard cases make bad law,” attorneys have been saying since the 19th century, and the corollary becoming apparent after recent events in New Jersey is that dramatic events can lead to poor regulation.
After a fatal accident on the morning of June 7, the public has perhaps heard more about truck driver safety and fatigue than ever before. Comedian Tracy Morgan was critically injured and a friend and performer was killed when a heavy-duty truck collided with the limousine transporting Morgan’s party. (Fatigue in National Spotlight After Deadly Crash in N.J.)
In trucking, nothing is more emotionally searing than highway accidents. Industry professionals pore over fatality statistics to monitor trends and then act to lower those numbers.
Fleets invest in trucks with technologically advanced safety equipment and train drivers on how to use the devices properly and demand that drivers follow hours-of-service and other regulations. American Trucking Associations has long supported the use of an HOS rule and applauded recently when the Department of Transportation brought forth a requirement for electronic-logging devices because they make it harder to cheat.
Theories are flying on what happened with the Wal-Mart Transportation truck driven by Kevin Roper. Following close behind are cries to tighten regulation on driver hours and defeat a recent Senate proposal that would restore an earlier version of the HOS restart protocol.
It is highly understandable that death and human suffering would lead to some indignation — no one should ever be indifferent to that. However, it is also the case that the wisest actions follow from a thorough understanding of facts.
The independent National Transportation Safety Board is investigating this accident. The board’s professionals are well-known for their thoroughness.
We’re eager to hear what they have to say — especially in terms of driver Roper’s actions and behavior.
It is important to note that Wal-Mart Transportation, a part of the retail chain, is a well-scrutinized trucking company. Federal Motor Carrier Safety Administration statistics said Wal-Mart vehicles and drivers had 5,668 inspections during the two years prior to the accident. The company’s out-of-service rates are significantly below national averages.
That did not occur by happenstance. The company takes seriously its 6,200 trucks and 7,200 drivers that roll up 667 million miles a year.
And yet, this terrible accident still happened.
Despite the urge to act now, we believe it is far more sensible that we wait for the accident analysis, when it becomes available, before making any judgments on what may or may not happen if rules are changed or left intact.
