NTSB study shows overtime abuses of drivers prevalent, compromising safety
Media Contact: David Roscow, 202-537-1645 x254, droscow@atu.org
Washington, DC – The American Bus Association is dead wrong on driver fatigue and safety issues, says the Amalgamated Transit Union (ATU) in response to ABA’s recent criticism of Congressional testimony by ATU International President Larry Hanley.
The ABA claims the “FLSA exemption for intercity bus drivers was established as a way to keep the traveling public safe by preventing violations of the driver hours of service regulations in order to seek overtime compensation.” But a 2012 National Transportation Safety Board (NTSB) report on challenges and factors affecting safety in the industry refutes that claim.
The report, informed by focus groups of drivers, federal safety investigators and state motor carrier inspectors, found drivers had “problems with getting sufficient sleep, pressure from companies to drive longer than permitted, and fears of motor carriers giving them less work if they turned down driving jobs.” Drivers described holding multiple jobs to earn an adequate income as a serious factor contributing to fatigue on the job.
“This report shows the FLSA exemption for U.S. intercity bus drivers entices these operators to overwork their low wage drivers rather than pay them the overtime they deserve,” said Hanley. “This forces many drivers to work second jobs during their ‘rest period’ just to make ends meet. The ABA just doesn’t get it.”
Investigators and inspectors also expressed serious concern about falsified logbooks, inadequate sleep among motorcoach drivers, and practices by motorcoach carriers to mask ownership and avoid oversight.
“The ABA would have you believe,” Hanley continued, “that if intercity motorcoach operators were required to pay overtime, they would succumb to pressure from drivers who want to work an unsafe number of hours. That simply makes no sense, whatsoever.”
To prevent this abuse of drivers and protect the safety of passengers, ATU has called for passage of the Driver Fatigue Prevention Act. Sponsored by Sen. Chuck Schumer, D-NY, this bill would ensure that drivers are paid fairly for the work that they put in above 40 hours per week, making them less inclined to work other jobs and that push their bodies beyond the limits of human endurance.
The ABA also accused the ATU of “seeking an end-run around the collective bargaining process” in fighting against overtime abuses of drivers. The ATU does not represent the majority of the motorcoach drivers employed in the industry.
“This is about ensuring the safety of all drivers and passengers in this industry. One life lost is one too many,” said Hanley. “As long as this industry can continue to exploit its low-wage drivers with poor working conditions and force them to work extra hours with no overtime pay, these tragic accidents will continue to occur.”
According to the NTSB’s own data, 36 percent of U.S. motorcoach crash fatalities over the past decade have been caused by driver fatigue. It is the number one cause – far above road conditions (2 percent) or inattention (6 percent).
The tragic acceleration in the number of fatal motorcoach accidents in the last couple of years can be attributed to the deregulation of the industry in the 1980s, which lead to an explosive growth of small, “fly-by-night” interstate bus operators. Over the last decade, three times as many people have been killed in intercity bus accidents than in commercial airline crashes.
“It’s time for the ABA to quit ignoring the serious problem of overtime abuses of drivers and driver fatigue,” says Hanley. “ Until overtime and other regulations for bus drivers are restored and enforced, we will continue to see carnage on our highways."
About the ATU
The Amalgamated Transit Union, AFL-CIO, CLC, is the largest international labor organization representing transit workers in the United States and Canada. Founded in 1892, the ATU today is comprised of more than 192,000 members in 254 local unions spread across 45 states and nine provinces in Canada. We represent a broad range of frontline transit workers providing public transit, school transportation, intercity bus service, light rail, para transit, ferry services, and maintenance and clerical service as well as firefighters and other municipal employees. The ATU works to promote transit issues and fights for the interests and welfare of its hard-working members and all working people.