1) Is this driver fatigued?

• His physical appearance implies the driver is not well-rested and alert.
• There is an over-the-counter stimulant (Stop Sleep) on the passenger seat.
• The driver has what appears to be a thermos of coffee and is drinking something from its cup.

Even if the driver did not violate the hour-of-service regulations by being tired, he cannot operate a commercial motor vehicle, and a commercial motor carrier cannot require or permit him to operate a commercial motor vehicle, while his 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 to begin or continue to operate the commercial motor vehicle. See: 392.3.

2) There are two log books on the passenger seat. The driver may be innocent, but if the driver is “running two log books,” he is in violation of fraud as described in 390.35 and falsification in 395.8(e). The driver may be subject to criminal or civil penalties if he violates these regulations, according to 390.37.

3) The driver has a lot of distractions in his cab, even if he isn’t fatigued. A hot cup of coffee balanced on a steering wheel is never a wise idea, let alone when trying to talk to someone on a cell phone. It is a formula for an accident. Some states and municipalities ban the use of cell phones while driving any kind of vehicle, so drivers need to know what rules apply as they travel from jurisdiction to jurisdiction.

4) The food and thermos on the dash could pose a safety risk if either slides across the vehicle during travel.

• Even if the thermos were secure and would not move, the overall height could obstruct the driver’s view of small objects. (i.e., pedestrian, motorcycle, bicyclist, etc.)
• If the driver opens the bag of chips (which can be tricky sometimes) and eats the food while operating the CMV, he may not be giving the road his undivided attention.
• The issue of the driver’s diet on the road also should be noted. Healthy snacks can help with fatigue, blood pressure, cholesterol, and so forth. The driver should consider drinking water, juices, etc. instead of caffeinated beverages.

5) The driver is not wearing a seat belt. In addition to prescribed state traffic laws requiring use, 392.16 states “A commercial motor vehicle which has a seat belt assembly installed at the driver’s seat shall not be driven unless the driver has properly restrained himself/herself with the seat belt assembly.”

If you see other things wrong in these pictures (please provide exercise title in comments) or have ideas for new pictures, please contact us!