New York’s Taxi and Limousine Commission (TLC) recently passed a set of rules to combat the occurrence of driver fatigue among taxi and ride-hail drivers.

The new rules go into effect Nov. 1. TLC says it will work with stakeholders over the next few months to finalize the methodology for calculating work hours.

NYC Mayor Bill de Blasio and TLC Commissioner Meera Joshi said the new rules are a culmination of an extensive review of the science and best practices of preventing professional driver fatigue.

“We add new elements to our Vision Zero plan all the time,” said de Blasio. “And I believe that TLC’s analysis of the science and best practices of combatting professional driver fatigue, and the resulting proposed rule, are a practical and prudent approach. This would help keep all road-users safer today, and bring us a bit closer to Vision Zero’s ultimate goal tomorrow.”

Commissioner Joshi said the new rules will enhance safety on NYC streets.

“Every day more than a million New Yorkers and visitors rely on our licensed drivers to transport them,” said Joshi. “The work of TLC-licensed drivers is critical to the movement of the city. To minimize the risk of a crash, drivers must be alert, which requires rest. But these crashes are preventable with a reasonable limit on the hours during which a driver can pick-up passengers. Today’s proposal does that. It is tailored to the unique dynamics of New York City, takes into consideration drivers’ earning potential, is consistent with that of comparable industries in cities across the nation, and it is enforceable with data that is available to the TLC today. Most importantly, today, the vast majority of TLC-licensed drivers are well under the proposed limits.”

NYDOT Commissioner Polly Trottenberg thinks the new guidelines will help improve safety as well.

“Over two years of Vision Zero, we have reminded cab and livery drivers that their choices matter. When drivers are feeling fatigued, they simply will not have the reflexes and judgment that are up to the task.” said Trottenberg. “I thank Commissioner Joshi and the TLC for an initiative that will help make New Yorkers safer – and supports the city’s collective effort to make Vision Zero a reality.”

As explained in the proposed rule’s statement of basis and purpose, an existing TLC rule addresses driver fatigue by limiting to twelve the number of consecutive hours that a taxi driver can drive for-hire. That restriction, however, does not currently apply to for-hire vehicle drivers. It has also been historically difficult to enforce because a break of any length could reset the clock and allow a driver to comply with TLC rules while still working excessive hours. Consistent with Mayor de Blasio’s Vision Zero action plan and its emphasis on traffic safety, the TLC reviewed the research on fatigued driving with the goal of developing new rules that would apply to its driver licensees across all of the various industry segments it regulates.

Included in the review was research conducted by organizations including the Centers for Disease Control, the National Highway Traffic Safety Administration (NHTSA), the National Sleep Foundation, and the U.S. Federal Highway Administration, among others, that concludes long work hours lead to acute fatigue and reduced sleep. Over a period of days and weeks, the research shows, these long hours may lead to cumulative fatigue.

For professional drivers, this means slowed reaction times and a reduced ability to assess situations quickly, potentially leading to driver errors and a higher risk of crashing. Perhaps most compelling is the fact that, in addition to longer working hours being associated with fewer hours of sleep, research has shown that being awake for 18 hours results in impairment equal to blood alcohol concentrations (BAC) of 0.05 (considered driving while under the influence of alcohol in New York state), and being awake for 24 hours and results in a BAC of 0.10 (1.25 times the 0.08 threshold for driving while intoxicated).

"Driver attentiveness is a critical issue, especially in the active vehicular and pedestrian traffic environment of New York City,” said Thomas Chan, chief of transportation at the NYPD. “A central focus of our Vision Zero program involves awareness. This new rule will contribute to the ultimate goal of safety for our drivers and pedestrians.”

The proposed rule seeks to reduce the serious safety risks of fatigued driving by:
• Prohibiting all TLC drivers from picking up passengers for more than 12 hours in any 24-hour period, and more than 72 hours in any seven-day period;
• Allowing a driver who has gone eight or more consecutive hours without pick-ups to “re-set” his or her 12-hour work clock and begin making pick-ups again.

In formulating the proposed rule, the TLC engaged with numerous industry groups and leaders.