Safe Truck Drivers Ask 5 Hour Energy

My name is Jeff Head. I am the author of the book "Running Legal Blues."  I'm a thirty year trucking veteran that works toward improving highway safety from a driver's level.  I have noticed that 5 Hour Energy is promoting, that tired and fatigued drivers of large eighty thousand pound trucks use their product, and continue to drive these commercial vehicles on the highway without proper rest next to our families on our nation's highways.  If after reading the following facts, you believe this to be an unsafe or illegal practice, please join me in asking this practice be discontinued, or at least explained to the traveling public why 5 hour believes its product is safe to replace proper rest as required by law.  I believe 5 Hour Energy to be a safe and legal product for off duty use.  It just has no place replacing rest behind the wheel of an eighty thousand pound eighteen wheeler on our nation's highway next to our families.

Reference http://www.fmcsa.dot.gov

FACT…392.3 Ill or fatigued operator.  No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s 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/her to begin or continue to operate the commercial motor vehicle

My concern here is that if a driver has that 2:30 feeling that 5 Hour claims to cure, then in my opinion he is too fatigued to drive a truck.

FACT…392.4 Drugs and other substances. No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances.

(a)(2) An amphetamine or any formulation thereof (including, but not limited, to ‘‘pep pills,’’ and ‘‘bennies’’);

To my understanding, 5 Hour claims, that they are not a schedule one drug.  I agree.  But the rules clearly state "(a)(2) or any formulation thereof (including, but not limited, to ‘‘pep pills,’’);" also "or other substances".  Please understand, I am not a lawyer but in my opinion 5 Hour could be considered a formula or other substance.  Ingredients include over 8000 percent of the recommended daily use of certain items.  Other ingredients also way over the RDA combined to make a substance with the specific purpose to energize the user.  Clearly, in my opinion, the intent of the regulations is to deny the use of such products legal or otherwise by Truck drivers.

Reference… http://www.prescription-drugs-information.com

FACT….ingredient    Citicoline.  According to the above web site, "Patients are advised not to operate heavy machinery or automobiles until the full effect of Citicoline is known."

I ask that 5 hour explain the safe use of this ingredient as it relates to commercial truck drivers on the highway.

Reference.   DOT medical examination form.

FACT… Truck drivers have to pass a medical examination in order to be allowed to drive a commercial vehicle on the highways.  On the form is a question asking drivers if they feel fatigued in the afternoon. The purpose of this question is to determine if further testing is needed to determine if the driver is medically qualified to drive a truck.  Any driver that has that 2:30 feeling as described by 5 hour in my opinion may have a need to seek medical treatment  to determine why it is they have this feeling and that they are either safe or unsafe to continue driving.

Does 5 hour claim that their product should be used instead of seeking actual treatment from a medical professional so as to determine why the driver is not able to obtain proper rest and now has that 2:30 feeling?  I ask that 5 Hour explain further it's thought on this subject.

Morals and Ethics

The days of truck drivers staying awake for days on end to deliver a load on time are over.  Today's drivers work more off a civic duty to keep our highways safe for all those we share the highways with.  We ask that those that wish to make a profit from our industry do so keeping highway safety at the highest level of any concern that might arise.

Thank you for taking the time to consider this petition.  I hope you find as I do that the lives of American families out on our nation's highways is of the utmost importance.  Please join me in asking 5 Hour Energy to review and reconsider the policies of their company, and how they affect the lives of the traveling public.

Thank You.

Jeff Head

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