Aurora, FedEx, Paccar Begin Autonomous Trucking Initiative

October 7, 2021 by Levinson and Stefani Leave a Comment

A new autonomous commercial trucking pilot is in the works at the hands of FedEx Corp., Paccar Inc., and Aurora Innovation Inc.

A self driving tech-equipped Paccar tractor hauling FedEx loads between Dallas and Houston has been the initial journey of the pilot–making for a 500-mile round trip interstate drive. Now, the testing program will continue with self-driving efforts, although a safety driver will remain in the cab for the time being in case a takeover is needed.

Still, Aurora Innovation claims that its primary autonomous driving system, Aurora Driver, will not need backup drivers in the cab for much longer.

“At the end of 2021, we will launch our trucking business and haul loads autonomously between terminals without a safety driver,” said the company. “Developing our trucking service and driver-as-a-service business model alongside a trusted network that understands how to safely optimize logistics through efficiency and speed primes us to build a more deeply integrated service with the Aurora Driver for fleets safely and quickly.”

Earlier this year, Paccar and Aurora decided to collaborate on the development of two autonomous Class 8 trucks–new models of the already-popular Kenworth T680 and Peterbilt 579.

“The speed and quality of progress we’re making with Aurora to develop self-driving trucks is impressive,” said chief technology officer for Paccar, John Rich. “This industry collaboration is an important step toward delivering these trucks at scale.”

Autonomous trucking is the next step in addressing “the exponential growth of e-commerce,” added FedEx Corp., which believes this pilot initiative will be a monumental step forward for the companies in their efforts to look toward the future of technology in the industry.

“This is an exciting, industry-first collaboration that will work toward enhancing the logistics industry through safer, more efficient transportation of goods and we are pleased to collaborate with other industry leaders–Aurora and Paccar–on this endeavor,” said FedEx Corp.’s vice president of advanced technology and innovation, Rebecca Yeung.

Autonomous driving is clearly progressing steadily, added automotive and smart mobility analyst at Gartner Inc., Mike Ramsey. This program will help demonstrate that progression to the public.

“It’s exciting to see the new pilots being announced, but I expect we are still a few years away from taking people out of the seat,” he said. “The stakes are high, with 80,000-pound vehicles going 60 mph. The regulations between different states are uneven, and clarity about legality and safety will need to be codified in some way.”

Logistics companies will continue operating and owning the vehicles, but Ramsey predicts that companies will provide their own automated driver tech and software as the business model for autonomous trucking solidifies.

“You can imagine buying a truck fitted with a Via or Aurora driver, and the logistics firms or big consumer goods fleets will pay Aurora or Via to make sure the software and hardware are working on the truck,” he explained.

The collaborative effort of these companies allows for autonomous driving to be tested with groups operating at scale, added co-founder and chief product officer at Aurora, Sterling Anderson. Deployment capabilities will also be boosted with FedEx bringing its logistics knowledge, as well.

Now, industry powerhouses like American Trucking Associations are calling for federal autonomous trucking guidelines–specifically, for Secretary Pete Buttigieg to set forth a development and deployment framework for automated vehicle operation throughout the United States.

“ATA believes there is great promise in automated vehicle technology to improve highway safety, the efficiency of our supply chain, and our environment,” said ATA President, Chris Spear. “But, we need a national framework that fosters innovation, not a patchwork of potentially conflicting state and federal regulations, to deliver on that promise.”

ATA, along with other stakeholder groups, requested said framework in a letter written to Buttigieg last month.

“Implementing a federal AV framework that fosters the safe deployment of AVs,” the groups wrote, “can help the Biden administration to shepherd in a safer, more environmentally friendly and accessible transportation future.”

Ken Levinson to Speak on Innovative Trial Methods at Belli Society Seminar

October 7, 2021 by Levinson and Stefani Leave a Comment

This weekend, the Melvin M. Belli Society will be hosting its 73rd annual seminar entitled: In the Spirit of Belli: Cutting-Edge, New and Innovative Ideas for Your Cases and Your Practice, a three-day event in Atlanta for lawyers across the country to meet and immerse themselves in new and innovative methods of effective trial practices. On Sunday, the first full day of the event, Levinson and Stefani’s own Ken Levinson will be speaking.

Levinson’s lecture will focus on the top non-law books that trial lawyers should read–a discussion on the best non-law-focused literature for lawyers to up their game in reaching a jury in a particularly powerful way.

“I read a lot of non-law books–books on decision making, psychology, persuasion, storytelling, and other fields that I think help us as trial lawyers that aren’t necessarily in trial lawyer books,” Levinson explained. “I enjoy sharing what I’ve read so that we can use things like what a filmmaker does, for example, to help our clients. I really get a kick out of teaching other lawyers about things I’ve read or learned from other means.”

Understanding the nuances of effective storytelling is key during trial, Levinson noted.

“You could be in an artificial environment, in a movie theater, and within minutes you could be vying for the hero of the story or angry at the villain, and it’s really interesting how that emotion is played out,” he said. “You know consciously and intellectually that this is a story and a fake environment, but it can still get you emotionally invested. That has always fascinated me because in real life, sometimes lawyers don’t tell a proper story of their clients’ cases. They don’t use storytelling methods to get the jury engaged in a case, and that’s, I think, a wasted opportunity.”

In his talk, Levinson will discuss how to implement key takeaways from these kinds of books into the way a lawyer can powerfully affect a jury in any given case.

“Why not tell a compelling–yet truthful–story about our client’s struggles and what they’ve overcome?” he asked. “Storytelling can give us some techniques to make our clients’ true life stories as emotional and engaging as any fake story that we’re watching in a movie theater.”

The seminar takes place this Sunday and Monday at the Capital City Club Brookhaven in Atlanta.

Truckers Receive Well-Deserved Praise During Truck Driver Appreciation Week

October 6, 2021 by Levinson and Stefani Leave a Comment

“Truck drivers are the lifeblood of our economy,” said U.S. Department of Transportation undersecretary of transportation for policy, Carlos Monje. “More than 3.5 million professional truck drivers haul 70% of the country’s freight.”

Monje’s praise comes as the Department of Transportation celebrates National Truck Driver Appreciation Week, which took place last between September 12th and 18th. The department also held an appreciation event at its headquarters, and many DOT officials noted truck drivers’ key role in keeping the United States’ economy healthy–especially during the pandemic era.

These truckers have also been vital in keeping highways as safe as possible during the movement of freight that has been in particularly high demand over the last year and a half.

“The essential nature of the work that truck drivers do every day, often behind the scenes, is crucial to the nation’s economy, public health, and roadway safety,” Monje added.

Deputy administrator of the Federal Motor Carrier Safety Administration, Meera Joshi, also expressed her gratitude for truck drivers’ efforts in recent months.

“As we become more and more reliant on e-commerce, and through pandemic and climate crises, [truckers’] critical role is even more evident,” Joshi said. “Truck drivers, with their broad highway presence, set the tone for highway driving.”

When truckers are as safe as possible, so are our roadways, she added.

“Careful, professional truck drivers [who are] attentive to driving are saving lives every day,” she said.

American Trucking Associations also made sure to urge folks to thank a trucker during the dedicated week for truck appreciation, as well.

“Happy [National Truck Driver Appreciation Week 2021]!” ATA exclaimed in a Tweet. “A special thank you from Dana Incorporated and ACT1 Trucking, National Driver Appreciation Week 2021’s premier sponsor. There is no better time to thank the highway heroes that help keep our highways safe while moving America’s essential goods!”

ATA’s President, Chris Spear, also spoke out in regards to the appreciation efforts aiming to call attention to truckers’ prominent roles within our country’s economy and communities.

“This nation owes a tremendous amount to the men and women who drive our trucks,” Spear said. “In times of crisis, they are among the first to respond. And when others stay home, we hit the road delivering the things this country needs to keep moving.”

Spear also noted that although Appreciation Week isn’t necessarily all the thanks that truckers who have been on our frontlines during the pandemic deserve, the industry is happy to show its gratitude as much as it can.

“National Truck Driver Appreciation Week is just a small gesture acknowledging the efforts of drivers like Henry and April, and we’re glad that DOT has taken time to recognize them and all of the 3.7 million professional drivers,” said Spear.

One of the drivers Spear mentioned is April Coolidge, an America’s Road Team captain and Walmart Transportation driver. The other, another America’s Road Team captain and a TForce Freight driver, is Henry Bruster, who attended the appreciation event at DOT headquarters and explained his lifelong dream to work in the industry.

“My love for trucks and the trucking industry began at a very early age,” said Bruster. “As a little boy, I always wanted to climb in the truck, talk to the driver, and grow up to be one of those drivers I idolized as a young child.”

Other trucking organizations, state agencies, freight companies, and lawmakers also spoke out about their gratitude for truck drivers throughout the country.

“This week is Truck Driver Appreciation Week!” said U.S. House Transportation and Infrastructure Committee member, Representative Mike Bost of Illinois, last month. “As a former truck driver myself, I want to thank all of the hardworking men and women who spend long hours driving over the road to ensure that store shelves are stocked.”

Sherri Garner Brumbaugh, Garner Trucking CEO and ATA Chairman, also made sure to point out that 2021 is a particularly important year to acknowledge and thank truckers thoroughly.

“I call on every American to join ATA and me in honoring our drivers,” she said. “This year has a special meaning in recognizing these frontline heroes who have continued to deliver life’s essentials during the pandemic.”

Boosted Efforts by New Safety Coalition Aim to End Distracted Driving

October 5, 2021 by Levinson and Stefani Leave a Comment

A new national coalition will now focus on lowering the number of distracted driving-related accidents throughout the country more strongly than ever.

Various safety organizations launched the National Distracted Driving Coalition as a clearinghouse for state and local safety groups, an effort that will work to progress new legislation related to distracted driving behaviors and boost collaborative efforts that aim to raise awareness into these kinds of risky driving practices.

“Distracted driving kills thousands in the U.S. every year,” said the National Transportation Safety Board last month in a tweet. “During the National Distracted Driving Coalition launch, Vice Chairman [Bruce] Landsberg urged the public, community leaders, and industry to get engaged and involved in the fight to end distracted driving.”

The coalition of more than 100 members will work toward improved enforcement, data collection, and public education as a method of increasing safe driving behaviors.

“Every few hours, a life is lost on the nation’s highways due to distracted driving,” said Landsberg. “In no other mode of transportation would we accept the kind of carnage that we have on our highways.”

Along with NTSB, other main committee groups include the National Highway Traffic Safety Administration, the Federal Motor Carrier Safety Administration, American Trucking Associations, the National Sheriffs’ Association, the Governors Highway Safety Association, and the Insurance Institution for Highway Safety.

“We know that ensuring safe driving behavior is key in improving highway safety, and perhaps no action would do more for the cause of safety than reducing distractions for drivers,” said President of ATA, Chris Spear. “America’s truckers see motorists on their phones while driving countless times a day, and if a driver is focused on a text or call, we know they aren’t focused on driving safely.”

ATA also noted the vitality of accurate data in order to properly measure the extent of distracted driving behavior issues. The group also shared that it would prioritize the preparation of legislative briefs to help move along new related bill measures.

“Distracted driving kills thousands and injures hundreds of thousands in the United States every year,” NTSB’s Landsberg added. “States are making some progress addressing this public health problem, but no state has implemented NTSB recommendations calling for a ban on the use of all personal electronic devices while driving except in [the] case of emergency.”

Distracted driving initiatives should also be approached with the same vigor as initiatives working to bring an end to driving under the influence of drugs and alcohol, noted Drive Smart Virginia’s executive director, Janet Brooking.

“When we fund impaired driving programs, we should also be funding distracted driving programs,” she said. “When we make strong impaired driving laws with great ease, we should also be able to advance distracted driving legislation.”

StopDistractions.org CEO Jennifer Smith agreed, noting that distracted driving tends to be overlooked when analyzing driver behavior-related accidents.

“When we talk about the rising number of crashes, we hear about speeding, seat belts, and impaired driving,” she said. “But distracted driving is not mentioned. Have we given up? Is it too hard? Is it inconvenient? Why are we not doing as much as were back a decade ago?”

In regards to studies that have been conducted regarding distracted driving, driver inattention is typically directly related to a higher risk of crashing–especially with events that cause a driver to do something physically in the vehicle while looking away from the road, explain Virginia Tech Transportation Institute research scientist, Charlie Klauer.

“We are very proud to be a part of this coalition to assist in this very multi-pronged approach to reduce fatalities and injuries on our roadways that are due to distracted driving,” Klauer said.

Committee member Representative John Carson of Georgia helped pass a cellphone bill in 2018 that called for hands-free phone usage only for a driver in a moving vehicle, and has been working with legislators in many other states to urge them to do the same.

“In addition to state law, what we want to do is change the culture,” explained Carson. “Years ago, driving while intoxicated by alcohol was not as socially taboo as it is today. That’s where we want to get to with regard to distracted driving.”

Automated Braking Tech Changes are Promising, But Industry Experts Can’t Agree on Tractor-Trailer Connection Improvements

October 4, 2021 by Levinson and Stefani Leave a Comment

“We need an enhancement,” said ZF Group‘s director of engineering, Dirk Wohltmann. “We also need to have good communication between the truck and the trailer. With that one, I think there is no question, no debate–there needs to be an upgrade.”

Wohltmann’s comments come in regards to the topic of trailer connectivity, a main subject of discussion at the recent American Trucking Associations’ Technology and Maintenance Council Fall Meeting & Transportation Technology Exhibition. Wohltmann was one of many industry experts debating how best to move forward in connection with the new trucking technology entering the industry, and noted that a physical connection that would take into account these kinds of technologies is the best way to update current connectivity capabilities.

Additionally, while other experts argued that wireless tech-based and diverse solutions are the key, Wohltmann explained that data security and reliability are connectivity aspects that must be prioritized, as adding further tractor-trailer connectors means a truck driver would have more connections to remember during trailer hookup.

“I described what we all don’t want to do and where we don’t want to go,” he added. “We nailed down that we have to have a change. We nailed down that we don’t want to have another connector. We nailed down that it has to be safe. For that…I think we agree. So where do we want to go?”

Backward compatibility is also vital in all tractor and trailer connection solutions, he noted. And although some experts on the other side of the debate agreed that backward compatibility is key, they believe wireless connectivity is especially important and that tractor-trailer connectivity cannot be universally improved with just one unified method.

“The transportation industry is not just a one-of-a-kind equipment company,” said 21st Century Driver president, Duke Drinkard. “One kind is not what we do.”

Almost everything we use in the modern era is wirelessly connected, Drinkard added, noting that wireless technology isn’t going anywhere, especially with 5G now in the mix.

“What technology is being used now that we may be able to use in the future?” he asked. “You’ve got WiFi, you’ve got Bluetooth, and you’ve got near-field communications, [and] mobile communications.”

Overall, Wohltmann explained that connectivity needs to implement easily-adaptable maintenance changes, be user-friendly, and be fast and secure, while also looking to the ever-changing technology throughout the transportation industry.

Also during ATA’s TMC Meeting, industry members discussed the future of automatic braking–a prominent topic as automated braking and electronic controlled brake systems make waves throughout the transportation world.

“I wish I was 18 years old, because there is more change coming in the next five years than we’ve seen in the last 50 to 100 years,” said Bendix Commercial Vehicle Systems vice president of engineering and R&D, Richard Beyer. “It is for the better. It’s not going to be less complex, it’s going to get more complex, and the change is going to come at us more fast and more furious [sic].”

Vehicle infrastructure, in particular, is likely to see the most changes in this regard, especially with Level 4 “high” automation for automated capabilities. Using these kinds of systems means trucks will be able to more easily function in all kinds of weather conditions, Beyer noted.

“When you hear news about automated driving Level 4 players, you’ll see corridor images of the Southwest U.S.,” he said. “That is good as a science experiment, but the reality is that we live in Cleveland, and we don’t have Southwest weather here most of the time.”

Automated brake system improvements will rely on the conversion from disc brakes, and will allow for reduced fading, boosted stopping power, better straight-line stability, easier inspection and replacement accessibility, and overall lower costs, explained John Bennett, Chief Technology Officer of Meritor. Still, he noted that the larger improvements brought about by modern brake tech will not necessarily be apparent right away.

“It’s taking so long for our industry to simply adopt disc brakes when it comes to technology adoption,” Bennett explained. “Even though there are performance advantages, this is such a cost-sensitive industry that unless there is a strong payback, technology adoption takes a long time.”

Recalled CPAP Machines Bring New Obstacles for Drivers With Sleep Apnea

October 2, 2021 by Levinson and Stefani Leave a Comment

Continuous positive air pressure machines are under review by the Federal Motor Carrier Safety Administration’s medical review board in regards to a voluntary recall of the technology and the new uncertainties brought with it.

Truckers utilizing these machines may be at risk for significant health complications. The voluntary recall, which was announced at the end of June by the U.S. Food and Drug Administration on its website, claimed that certain CPAP machines may increase high chances of risk to those with sleep apnea due to potential chemical and debris exposure during usage. CPAP machines are meant to help in the treatment of obstructive sleep apnea–an affliction many truck drivers suffer from that causes difficulties in breathing properly during sleep.

Specifically, the FDA noted that its safety announcement was meant for those using Philips Respironics ventilators, CPAP, and BiPAP machines, alerting them that this particular brand had recalled some of its products. Those who use these machines would need to reach out to their health care providers for advice and other possible treatment solutions, the FDA added.

“The polyester-based polyurethane sound abatement foam, which is used to reduce sound and vibration in these affected devices, may break down and potentially enter the device’s air pathway,” said the FDA in its announcement. “If this occurs, black debris from the foam or certain chemicals released into the device’s air pathway may be inhaled or swallowed by the person using the device.”

In fact, many users had complained about particles and black debris appearing in the products’ airways–debris which was seen throughout the devices’ tubing, masks, humidifiers, and the device outlets, said Philips Respironics at the time of the recall.

“Philips also has received reports of headache, upper airway irritation, cough, chest pressure, and sinus infection,” the company noted. “The potential risks of particulate exposure include: Irritation (skin, eye, and respiratory tract), inflammatory response, headache, asthma, adverse effects to other organs (e.g kidneys and liver), and toxic carcinogenic effects.”

The possible risks of off-gassing chemical exposure also include dizziness, hypersensitivity, nausea, and vomiting, added the company. In July, the issues with Philips’ devices earned the classification of the most serious recall specification–a Class I recall.

“These issues can result in serious injury, which can be life-threatening, cause permanent impairment, and/or require medical intervention to preclude permanent impairment,” said the company in its initial voluntary recall announcement.

Fortunately, there have been no death reports resulting from these potential issues.

“We are treating this matter with the highest possible seriousness, and are working to address this issue as efficiently and thoroughly as possible,” said Philips Respironics. “The company has developed a comprehensive plan to replace the current sound abatement foam with a new material that is not affected by this issue, and has already begun this process.”

FMCSA will now urge the medical board to determine the best methods of helping its National Registry of Certified Medical Examiners, as well as CPAP-using truck drivers, to find new options for drivers in need of these kinds of devices, said an agency spokeswoman. However, FMCSA is not yet aware of the number of truck drivers using Philips CPAP machines, specifically.

“While FMCSA regulations do not specifically address sleep apnea, they do prescribe that a person with a medical history or clinical diagnosis of any condition likely to interfere with their ability to drive safely cannot be medically qualified to operate a CMV in interstate commerce,” added OccuMedix president and chief Natalie Hartenbaum, who wrote an article on these recalls. “However, most cases of sleep apnea can be successfully treated. The most common treatment is the CPAP machine. But, what if drivers can’t use their CPAP [machines]?”

Nearly 28% of commercial drivers have sleep apnea, Hartenbaum noted.

“It’s scary because sleep apnea is a health risk to drivers in terms of drowsiness,” said OccMed corporate director of medical surveillance and medical review board member, Brian Morris. “There have been high-profile accidents for people involved with drivers with sleep apnea that were not treated properly. We may have to step away and not enforce CPAP use if the equipment has serious health risks.”