Earlier this month, the U.S. Department of Transportation proposed a new rule that would ban interstate commercial truck and bus drivers from using hand-held cell phones while operating a commercial motor vehicle.   Violators would face fines up to $2,750 per offense and multiple offenses could result in suspension of their commercial driver's license (CDL). 

Federal Motor Carrier Safety Administration research shows that using a hand-held cell phone while driving requires a commercial driver to take several risky steps. In particular, commercial drivers reaching for an object, such as a cell phone, while driving are three times more likely to be involved in a crash or other safety-critical event. Drivers dialing a hand-held cell phone while driving increase their risk by six times. Many of the largest carriers, such as UPS, Covenant Transport, and Wal-Mart, already have company policies in place banning their drivers from using hand-held phones. In September 2010, FMCSA issued a regulation banning text messaging while operating a commercial motor vehicle.
Nearly 5,500 people died and half a million were injured in crashes involving a distracted driver in 2009. Distraction-related fatalities represented 16 percent of overall traffic fatalities in 2009, according to National Highway Traffic Safety Administration (NHTSA) research.

FMCSA is providing 60 days for the public to comment on this rulemaking. The comment period begins once the proposed rule is published in the Federal Register. The proposal and information about how to submit comments is here.

I would encourage everyone to take 5 minutes and go to the comment section of the FMSCA website and voice your support for this safety rule.  Distracted driving contributed to half a million people being injured in 2009 and almost 5,500 being killed.

Small Carriers Sue to Prevent Release of Safety Data

Earlier today I posted the message indicating that the Dep't of Transportation FMCSA was launching it Compliance Safety and Accountability (CSA) Program.  What I failed to point out was that the launch of this new safety program was almost delayed due to last minute lawsuits by some associations that represent commercial carriers. 

These associations filed suit while the companies that contribute to the association remained in the background.  They claimed that allowing the public access to their safety records could put them out of business, particularly in this difficult economic climate.

Over 2700 carriers are members of one of these organizations, but I have been unable to discover the names of these allegedly small companies.  A few of them signed affidavits in the lawsuit, including BP Express, a trucking company that has 6 terminals from Knoxville, TN to West Palm Beach, FL.  Another small company that signed an affidavit for court was Express America Trucking, Inc that employs 165 drivers at 3 terminals in the southeast.   In addition to not being able to find the names of all members of the organization that filed suit, I have been unable to find the guidelines they use to define 'small trucking companies.'    I will keep looking and I invite a representative from the National Association of Small Trucking Companies to shed some light on this issue. 

Dep't of Transportation launches new compliance and safety program

12/13/2010 - FMCSA Launches New Compliance, Safety, Accountability (CSA) Program for Commercial Trucks and Buses

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today took a major step toward improving commercial truck and bus safety with the launch of the Compliance Safety Accountability (CSA) program.
The centerpiece of CSA is the Safety Measurement System (SMS), which will analyze all safety-based violations from inspections and crash data to determine a commercial motor carrier’s on-road performance. The new safety program will allow FMCSA to reach more carriers earlier and deploy a range of corrective interventions to address a carrier’s specific safety problems.
“The CSA program will help us more easily identify unsafe commercial truck and bus companies,” said U.S. Transportation Secretary Ray LaHood. “Better data and targeted enforcement will raise the safety bar for commercial carriers and empower them to take action before safety problems occur.”
The program also advances the Obama Administration’s open government initiative by providing the public with safety data in a more user-friendly format.  This will give consumers a better picture of those carriers that pose a safety risk.  CSA was also tested in nine pilot states before the program was launched.
“We worked closely with our partners in the motor vehicle community to develop this powerful new program,” said FMCSA Administrator Anne S. Ferro. “CSA is an important new tool that will help reduce commercial vehicle-related crashes and save lives.”
The SMS uses seven safety improvement categories called BASICs to examine a carrier’s on-road performance and potential crash risk. The BASICs are Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related and Crash Indicator. Under FMCSA’s old measurement system, carrier performance was assessed in only four broad categories.
By looking at a carrier’s safety violations in each SMS category, FMCSA and state law enforcement will be better equipped to identify carriers with patterns of high-risk behaviors and apply interventions that provide carriers the information necessary to change unsafe practices early on.
Safety interventions include early warning letters, targeted roadside inspections and focused compliance reviews that concentrate enforcement resources on specific issues identified by the SMS.
FMCSA will continue to conduct onsite comprehensive compliance reviews for carriers with safety issues across multiple BASICs. And, where a carrier has not taken the appropriate corrective action, FMCSA will invoke strong civil penalties.

Critter Crossings Improve Highway Safety

Highway underpasses for animals make roadways safer for wildlife and cars, a new study finds.

Researchers looked at a new route planned for U.S. Highway 64 that cut through a forested and agricultural area in Washington County, N.C. The new road included three underpasses with fencing that ran alongside the road near each underpass to funnel animals into the underpasses.

The study is published in the current issue of the Journal of Wildlife Management.

The researchers used cameras and animal track surveys to monitor wildlife activity. During the 13 months after the road was completed, the cameras took 2,433 photos of various animals using the underpasses, including deer, bears, raccoons and domestic dogs and cats.

When the researchers compared data from nearby sections of Highway 64, they found that wildlife deaths were 58 percent lower on the new part of the highway.

The findings suggest that the wildlife underpasses are a cost-effective way to reduce wildlife-vehicle collisions, said the researchers.

While I like the idea of underpasses to reduce accidents, the Arizona Highway Department has also experimented with a cheaper alternative that seems to be working well.  It was tested in areas where underpasses were cost prohibitive.  The alternative is a 'electric crosswalk.'  Basically fences funnel game to a specific opening where the crosswalk is build.  Using thermal imaging cameras and military-grade tracking software to capture large animal movement in the right of way the system then determines if the animal is large enough to pose a threat to motorists.  If so a flashing sign 500 feet from the end of the fence warns drivers.

Tractor-trailer hits school bus in Louisiana, 2 kids critical

Early this morning a JB Hunt owned truck slammed into the back of a school bus.  The crash happened around 7:30 a.m. on a straight, clear stretch of U.S. 190 between Port Barre and Opelousas, about 50 miles west of Baton Rouge, Louisiana.   The school bus reportedly had it flashers on and stop signs extended at the time of the wreck.  The bus driver apparently saw the truck bearing down on the bus and warned the kids to hold on in anticipation of the collision.  


The impact to the back bumper of the bus was sufficient to push up to the rear wheels of the bus.   For some reason, the truck driver has yet to be cited, although it seems clear that he was driving too fast and failed to keep a proper distance and lookout.  


As someone who has litigated tractor-trailer cases, it is very important to preserve as much evidence as possible and to do so quickly.  The driving logs of the truck driver need to be examined as well as his cell phone and texting records.  Also, data from all event recorders on the truck need to be downloaded immediately, to avoid any loss of data.  


Thankfully, emergency workers arrived quickly and efficiently dispatched injured kids to area hospitals where they received timely treatment.  All 21 kids were injured, 3 originally classified as critical and two underwent emergency surgery.   Let's all hope for complete recoveries for the kids and that JB Hunt and the driver take appropriate responsibility for the wreck.