Federal Motor Carrier Safety Administration Safety Announcements

The Federal Motor Carrier Safety Administration (FMCSA) has recently announced some modifications in the Safety Measurement System (SMS) that will be rolled out to the nation in December.  This is a part of the FMCSA's initiative entitled CSA 2010 (Compliance, Safety, Accountability).  The changes include the following:

1. Modify the presentation of SMS BASIC results

• Change the term “Deficient” to “Alert” when a motor carrier’s score in one or more BASICs is above the FMCSA threshold for intervention. 
• Change the highlight color from red to orange.
• Improve the language to clarify that BASIC results signify the carrier is prioritized for an FMCSA intervention.

2. Modify Cargo-Related BASIC

• Recalibrate the Cargo-Related BASIC by adjusting the cargo securement violation severity weightings based on input from subject matter experts (SMEs).
• Modify the public display to show the SMS Cargo-Related BASIC violations only.  The percentiles and intervention status will not be on public display.

BASIC refers to the CSA SMS's Behavior Analysis and Safety Improvement Categories.   Let's hope the new system does provide more accountability for drivers and the trucking companies and thus promotes better compliance and safety.    However, removing the percentiles and intervention status from the public displays does not seem to promote accountability. I am anxious to see what the additional analysis leads the FMCSA to do with this category.

Don't Drive Drowsy this Holiday Season

More than 40 percent of drivers say they've fallen asleep at the wheel, and about one in ten admitted doing so during the past year, according to a study released Monday by the AAA Foundation for Traffic Safety, a nonprofit research and educational organization.  One in every six deadly car crashes results from a fatigue-impaired driver, estimates the National Highway Traffic Safety Administration. That's compared to about one in three caused by a drunk driver.  "Sleepiness decreases awareness, slows reaction time, and impairs judgment, just like drugs or alcohol," said AAA Foundation President Peter Kissinger in a statement released with the new study.

If you are traveling with your family for the holidays, make sure you get sufficient rest prior to the trip.  Even shorter trips of 2 to 4 hours can be deadly if you are not rested.  Just as importantly, drive defensively and be watchful of other drivers who may be fatigued.  Tractor-trailers present a greater danger when their drivers are fatigued and many of them are also trying to get home for the holidays after a long haul and tempted to drive longer than is safe. 

Keep a close lookout for tractor-trailers and be aware that fatigued tractor-trailer drivers will react more slowly to dangers and are more slow to recognize dangers.  Avoid their blind spots.  If passing a tractor-trailer, be careful not to linger in their blind spot more than necessary.   The blind spot is the point where your car becomes invisible to his mirrors.  Tractor-trailers often have larger blind spots than automobiles.  If you look at his rear view mirrors and can't see the driver's face, you could be in the blind spot. 

Remember these rules and keep your family safe for the holidays. 

Tractor-Trailers and Rear Impact Protection

Most of you have probably seen the rear guards on the back of a tractor- trailer and not paid much attention to them.  For those involved in a rear end collision with a tractor-trailer, those guards may represent the difference between life and death.  They are designed to prevent a car from sliding under the trailer upon impact.  If proper rear guards are in place, your bumper should impact the rear guard.  Your bumper is designed to absorb considerably more force than your windshield (or your head) and therefore reduce the amount of force your body receives. 

In 1996 the National Highway Traffic Safety Administration (NHTSA) required trucks with GVWR over 10,000 and manufactured after January 26, 1998 be equipped with underride guards with strength testing and energy absorption requirements.  Rear guards had been required since 1952, but prior to 1998 they didn't have to meet energy absorption requirements or strength testing.   Also, the 1998 changes require now that the rear guards be no more than 22 inches above the ground, no more than 4 inches from each side of the trailer, and no more than 12 inches offset from the rear plane of the trailer. 

Preliminary data suggest these new guidelines are reducing fatalities and serious injuries to person involved in tractor-trailer wrecks. The report can be found at
http://www-nrd.nhtsa.dot.gov/Pubs/811375.pdf

The NHTSA allows public comment on this report for 120 days from the date of report.  The comment period will end March 8, 2011.  If anyone wants to comment on this report, they can do so at the following site:
http://www.federalregister.gov/articles/2010/11/08/2010-28111/federal-motor-vehicle-safety-standards-rear-impact-guards-rear-impact-protection-technical-report-on

Colorado Trucking Company - Repeated Violations of Hour-of-Service Rule Leads to Order

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today announced it has ordered JBS Carriers, Inc. of Greeley, Colorado to install electronic on-board recorders (EOBRs) on its entire fleet of over 700 commercial trucks by March 2011 or pay $81,780 in civil fines.

The order comes in response to a comprehensive investigation by FMCSA's Western Service Center that found the company in serious violation of federal hours-of-service (HOS) rules and commercial driver's license (CDL) requirements.

In the final settlement agreement issued by FMCSA on October 7, 2010, the agency cited JBS Carriers for 102 counts of falsifying drivers' hours-of-service records and three counts of allowing drivers with a suspended, revoked or canceled commercial driver's license to operate a motor vehicle.

Electronic on-board recorders are devices attached to commercial vehicles that automatically record the number of hours drivers spend operating the vehicle. Driving hours are regulated by federal hours-of-service rules, which are designed to prevent commercial vehicle-related crashes and fatalities by prescribing on-duty and rest periods for drivers.

Arkansas Behind the Curve

The Federal Highway Administration, the Insurance Institute for Highway Safety and several state departments of transportation are promoting traffic roundabouts as safer alternatives to intersections with traffic lights.  Arkansas, however, is not one of the 29 states with a program to promote such roundabouts.

The Federal Highway Administration has more information and data on why roundabouts can be safer than traffic light intersections.  They site 3 specific ways that roundabouts improve safety at intersections by:

• eliminating or altering conflicts types
• decreasing speeds into and through the intersection
• decreasing speed differentials at intersections

Roundabouts can easily accommodate tractor-trailer traffic.  A critical design element that allows trucks to successfully negotiate a roundabout is the truck turning apron, which is located in the middle of the roundabout. This apron is designed for the back wheels of the trucks to drive over. This is accomplished by designing the curb to be mountable.

Mountable curbs are shorter than regular curbs and the concrete apron is colored to deter regular passenger vehicles from using it.

I have personally litigated a number of wrecks caused by tractor-trailer drivers making improper right turns.  I think properly constructed roundabouts would also help avoid wrecks caused when tractor-trailers make wide right turns.

The complete US Department of Transportation report on roundabouts is available at http://www.tfhrc.gov/safety/00068.htm

2010 Auto Insurer Rankings

A state Insurance Department recently released its 2010 rankings for auto insurance companies based on the number of 'upheld' complaints against it.  Nationwide Mutual Insurance company scored best with no upheld complaints out of 55 filed complaints.  That was in spite of 140 million in premiums to Nationwide for 2008 and 2009.   GEICO also scored in the upper half with 448 complaints but only 15 upheld.

Allstate didn't fare nearly as well.  They received 1,023 complaints, of which 180 were upheld, the lowest score of any company averaging more than 100 million in premiums.  Next lowest of that larger group was Travelers Home and Marine followed by State Farm and Progressive.

The full report can be found at:
 http://www.ins.state.ny.us/auto/2010/auto2010.pdf