FMCSA Proposes Rule on Hours of Service for Truck Drivers

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) issued a regulatory proposal that would revise hours-of-service (HOS) requirements for commercial truck drivers.

Although I won't go into a lot of detail on all the changes,  one of the most significant is the daily hours of service.  Currently most drivers are allowed to drive a maximum of 11 hours per day and be on-duty a maximum of 14 hours per day.   The new proposed rule would reduce the maximum on-duty hours to 13 per day and comments are being requested on moving the maximum driving hours to 10.  More details about other changes can be found at the department's website here.

The reduction in hours on duty per day and maximum driving hours will undoubtedly save lives and reduce the number of tractor-trailer wrecks.  The National Transportation Safety Board reports that driver fatigue is a factor in 30 to 40 percent of trucking accidents annually.   

There is a 60 day window from December 29, 2011 in which the public can comment on the proposed changes.  I encourage everyone to visit the FMCSA's Web site and encourage a 10 hour maximum driving rule.  Click here to be taken to the comment page of the U.S. Department of Tranportation's website, or go to http://www.fmcsa.dot.gov/rules-regulations/topics/hos-proposed/comments.aspx#online.

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.

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.

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