WASHINGTON, DC, July 20, 2004- The National Sleep Foundation has released the following statement in response to the ruling on Friday, July 16, 2004 by the U.S. Court of Appeals for the District of Columbia overturning federal rules governing the hours of service of commercial drivers that went into effect January 1, 2004:

Regulations to enhance the safety of commercial drivers can be developed based upon a sound body of knowledge regarding the biology of sleep and alertness. For humans, optimal alertness for activities such as safely operating a vehicle depends primarily upon two conditions: satisfaction of the biological need for sleep, and timing the period of wakefulness to be synchronized with the alerting function of the brain's biological circadian clock. Satisfying the biological need for sleep means not only obtaining the necessary number of hours of sleep, but also the sleep must be free of sleep disorders or other effects that disrupt or fragment sleep. Timing periods of wakefulness to be in synchrony with the brain's alerting functions, generally means avoiding the early morning hours (around 4:00 a.m. to 8:00 a.m. for most people). Even if a person gets a sufficient amount of quality sleep, they may not be alert when their circadian alerting rhythm is not active.

A common misunderstanding is that wakefulness and alertness are the same thing. A person can be awake, but at a biological level have a low degree of alertness and a strong tendency to fall asleep in boring situations. Just as importantly, people are often very poor judges of their degree of alertness. That means that a person may not feel sleepy even if at a biological level their alertness is low and the drive for sleep is high.

These biological facts were not known when the nation’s first hours of service regulations governing commercial drivers were written in 1938. As a result, it was thought that limiting the length of a driving period for commercial drivers to 10 hours at a time would protect them from crashes. After 10 hours of driving, the old rules required 8 hours off for rest or sleep. However, after that, drivers were permitted to begin driving again for another ten hours. In this way, drivers actually could drive a total of 16 hours in a 24-hour period.

From a sleep perspective, there were at least two problems with the 1938 regulations: first, it is unlikely that drivers would get 8 hours of sleep between shifts when they would also need to eat, re-fuel and do other things. A second problem is that with the on-off- and on-again system of permissible drive times, the driver's waking period could change from day to day. As a result of the circadian effect that contributes to alertness level, this meant that drivers would often be trying to remain alert at times when their brains were programmed to sleep.

Another problem with these rules has been a failure to effectively screen drivers for sleep disorders or medications that could make a driver sleepy even if they optimized their amount of sleep and time of day they drove.

The new rules struck down by the Federal Court of Appeals went part way to resolving some of these problems. The new rules resulted in a reduction in the permissible hours of driving in each 24-hour period (from 16 to 14). As important, they required 10 hours of off-duty time, which provides two hours more for sleep (and other hygiene functions) between shifts. This is significant because research has shown that to maintain vigilance for 11, 12, or even 14 hours, the amount, quality and timing of sleep is a critical factor. Most people need 8 hours of quality sleep for optimal alertness and sustained vigilance. The combination of 11 hours for driving and 10 hours off under the new rules (a total of 21 hours) also comes closer to a 24-hour cycle than the old rules and potentially reduces some of the circadian sleepiness effect of the old rules which created an 18-hour day. However, the new rules also permit a maximum workday of 14 hours by counting up to an additional 3 hours of non-driving work time (e.g., for loading and unloading); in combination with the ten hours of off-duty time, this results in a 24-hour cycle such that the start of each daily driving shift would remain the same.

The new rules, however, did not create an environment for monitoring or better enforcement, nor did they substantially improve health screening or address driver education pertaining to sleep and alertness.

Based upon the scientific knowledge of sleep and alertness, and their relationship to driving safety, the National Sleep Foundation (NSF) again recommends that the hours of service regulations be improved for driver and public safety. It is critical that the decision of the U.S. Court of Appeals for the District of Columbia not result in a return to the old rules, and ideally further consideration would produce guidelines which would contain advances even beyond those included in the new rules. Specifically, NSF recommends that hours of service rules:

• Provide for a minimum of 10 consecutive hours off-duty time per 24 hours.
• Maximize driving outside the known early morning time period of increased risk of accidents.
• Include required driver education about how to obtain good sleep and how to recognize signs of reduced alertness and sleep disorders.
• Require automated, on-board monitoring of drive times, systems which are used effectively in other countries.
• Encourage effective screening of commercial drivers' health and for sleep disorders, excessive sleepiness, and medications that may cause sleepiness.
• Should not include penalties and should minimize lost work time for drivers with sleep. disorders provided they comply with effective treatment.
• Should apply to bus drivers as well as other commercial drivers.

A related issue but one that is not the subject of hours of service regulations is the need for more rest areas for commercial drivers on our nation's highways. Studies have shown the number of and access to such locations is insufficient. Sleeping drivers are frequently awakened to make room for others and, as a result, may return to the highway without sufficient sleep. NSF calls on federal and state traffic safety policy makers to address the need for more rest areas.

NSF has convened experts on issues such as drowsy driving. In 2000, NSF published recommendations for revised federal hours of service regulations affecting commercial driving . In 2002, NSF organized the first National Summit to Prevent Drowsy Driving in partnership with the Transportation Research Board, a unit of the National Academies of Science. In addition to its general Web site that provides sleep-related information -- www.sleepfoundation.org -- NSF has created a web site addressing drowsy driving prevention -- www.drowsydriving.org -- which has tips for all drivers.

The National Sleep Foundation is an independent nonprofit organization dedicated to improving public health and safety by achieving understanding of sleep and sleep disorders and by supporting education, sleep-related research, and advocacy. NSF is based in Washington, DC.