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Levinson and Stefani

Annual Roadcheck Event Takes 6,710 CMVs off North American Roadways

August 19, 2021 by Levinson and Stefani Leave a Comment

“Hours of service was the most cited driver out-of-service violation during this year’s International Roadcheck, accounting for 41.5% of all driver out-of-service violations,” said CVSA in a recent tweet, following the release of their latest annual Roadcheck numbers. “That’s 1,203 violations.”

During the annual International Roadcheck which took place between May 4th and May 6th, CVSA inspectors took 6,710 commercial motor vehicles off of North American roadways and 2,080 total drivers off of roadways, which came out to a 16.5% commercial vehicle out-of-service rate and a 5.3% driver out-of-service rate for the continent.

The annual International Roadcheck takes place across Mexico, Canada, and the United States through a CVSA program initiative, with collaboration from the Federal Motor Carrier Safety Administration, the National Guard, Transport Canada, the Canadian Council of Motor Transport Administrators, and Mexico’s Ministry of Communications and Transportation.

The three-day event was an inspection and enforcement effort of high-visibility and high-volume; this year’s event saw more than 40,000 commercial motor vehicle inspections be conducted. Of those, around 83.5% of all commercial vehicles did not have any out-of-service violations.

Still, the most highly-cited out-of-service violation for drivers was hours of service violations, making up 41.5% of all violations and totaling 1,203 citations. Along with hours of service, lighting was another major category in which inspectors accounted for violations. 14.1% of all violations were in this category, making it the third-most-cited violation for out-of-service vehicles and coming out to 1,367 of these particular violations.

Commercial motor vehicles and combination trucks, non-cargo tank HM/DG trucks and combinations, motor coaches and buses, and cargo tank hazardous materials and dangerous goods trucks and combinations were all inspected during the annual Roadcheck initiative by CVSA-certified inspectors. These professionals conducted these inspections throughout the United States, Canada, and Mexico at designated inspection stations, weigh stations, and other designated roadside locations.

“Inspectors performed 23,135 Level I Inspections and removed 5,048 vehicles (21.8%) and 1,200 (5.2%) drivers from roadways due to the discovery of critical vehicle or driver inspection item violations as identified in the CVSA North American Standard Out-of-service Criteria,” explained CVSA.

This kind of inspection–the North American Standard Level I Inspection–is a 37-step process and was the primary method of inspections conducted during the event. 2020’s Roadcheck event was delayed due to the pandemic and finally took place between September 9th and September 11th, finding an out-of-service rate for commercial vehicles of 20.9% throughout the continent. This was a considerable increase from 2019’s out-of-service rate, which came out to be 17.9%–a surprising boost in regards to to the lessened roadway traffic that came from the pandemic era. 

Additionally, although overall miles driven dropped by 13% in 2020 with shelter-in-place orders active throughout North America, roadway fatalities rose by 24% in 2020 as compared to 2019, according to the National Safety Council’s figures in CVSA’s recent news release.

During 2020, the fourth-most-cited driver violation was the “failure to use a seat belt while operating a commercial motor vehicle,” which totaled more than 32,000 violations of this kind just in the United States, according to the Management Information System data released by the Federal Motor Carrier Safety Administration. During 2021’s Roadcheck event, only 773 seat belt usage violations were found throughout the entire continent, with 464 cited in the United States, 305 in Canada, and just four in Mexico.

In regards to the most commonly-cited violations found during the 2021 International Roadcheck event, the top five for commercial motor vehicle drivers were having the wrong class license (565 citations making up 19.5%), having false or inadequate logs (427 citations making up 14.7%), having a suspended license (132 citations making up 4.6%), hours-of-service violations (1,203 citations making up 41.5%), or other various violations (482 citations making up 16.6%).

For commercial motor vehicles themselves, the top five violations this year were issues with tires (1,804 citations making up 18.6%), lights (1,367 citations making up 14.1%), brake systems (2,564 citations making up 26.5% percent), brake adjustment capabilities (1,203 citations making up 12.4%), and cargo securement capabilities (1,192 citations making up 12.3%).

Ways to Find Young, Safe Drivers is Focus of Latest Initiative by ATRI

August 18, 2021 by Levinson and Stefani Leave a Comment

Due to the current national truck driver shortage, the industry is focusing on recruiting eligible drivers in the 18-to-20-year-old range, and new efforts will help industry experts determine the safest drivers in this group.

This new assessment tool is in development through the American Transportation Research Institute and will aim to find the best interstate commercial drivers in this young age range. Still in beta testing, the Young Driver Assessment Tool is an initiative meant to help identify which drivers are the most likely to be especially safe. These determinations come at the hands of specific safety profiles that focus on mental health, physiological traits, and personality aspects of a driver.

“ATRI’s Young Driver Assessment Tool can potentially identify those new entrant drivers who share the same personality attributes as safe, mature, veteran drivers,” explained Rebecca Brewster, President of ATRI. “We look forward to expanding our pilot test to include more younger drivers to further validate the tool’s accuracy.”

In the original assessment initiative, drivers of differing experience levels, ages, and overall safety performance were analyzed during the testing of drivers with a median age of 47–16 drivers were under the age of 30. As of now, drivers 21 and younger are federally prohibited from working across state lines and must only work within intrastate commerce with various freight restrictions also in place.

During initial testing, drivers underwent a myriad of evaluations involving aspects such as sleep quality, cognitive control, impulsivity, reasoning, sensation-seeking, and other personality traits. Then, their overall safety performance was determined by analyzing pre-employment screening data as well as their state motor vehicle records. These records offered data regarding past accident involvement and other safety violations.

The safest group of commercial drivers, according to ATRI’s findings, included those who scored the lowest in the “experience seeking” category and the highest in the “conscientiousness and agreeableness” category. Those who were found to be not-so-safe demonstrated particular cognitive control issues and had much larger reactions regarding “multi-source interference task” conflicts.

“Given all the internal and external pressures on driver recruitment and retention, it is safe to say that the driver shortage crisis is not going away,” said Joyce Brenny, CEO of Brenny Transportation.

Within the beta test, it was made clear that age-related differences regarding safety were prevalent in terms of a driver’s overall performance, although the safety differences were also visible among older drivers who had been driving for shorter periods of time. Still, the assessment tool’s overarching goal is to find the drivers between the ages of 18 and and 21 who have the qualities of highly-experienced and safe drivers.

“We need to find ways to expand the pool of safe truck drivers, and ATRI’s preliminary research indicates that safe, younger drivers can be found,” Brenny continued.

Because of this belief, Brenny Transportation has established an apprenticeship initiative to be able to train young drivers entering the trucking world more efficiently.

“At Brenny, our young-driver apprentice program has a proven track record,” Brenny explained. “Proper training and mentoring of young individuals who want to become truck drivers does work.”

With current projected freight growth, the driver shortage could rise from 60,000 to 100,000 by 2023, ATRI estimates. Employer competition and oncoming retirements of older truckers affect these numbers as well. For instance, 27.4% of the trucking workforce is over the age of 55, and the trucking industry’s present reliance upon those particular workers means employers will need to boost numbers of potentially qualified drivers.

ATRI has been working on solving the problems surrounding driver recruitment for six years by finding methods of determining which young and qualified people would be the safest and best candidates to enter the trucking workforce. ATRI also plans to expand its beta testing to a larger driver sample and to also expand safety performance attributes and qualities for drivers being tested.

The DRIVE-Safe Act, a federal initiative to allow young drivers to operate vehicles across state lines following apprenticeship programs and strict training (while operating special safety technology-equipped trucks) has been backed by American Trucking Associations and many other groups throughout the industry.

Ken Teaches First Year Law Students About Professionalism

August 17, 2021 by Levinson and Stefani Leave a Comment

Ken led a discussion at DePaul University College of Law on professionalism in the legal field. The program, organized by the Illinois Supreme Court Commission on Professionalism, is devoted to establishing and defining principles of integrity, professionalism, and civility within the next generation of lawyers on their very first day of law school. Last year, during the peak of the pandemic, this event was fully virtual, but optimistically the program this year was mask-required and in person. “I really cherish this wonderful opportunity to speak to future lawyers on the first day of law school — it’s something I look forward to every year,” Ken said.

Each scenario in the discussion-based orientation program highlights potential pitfalls young lawyers might encounter regarding honesty, integrity, and civility. The fact patterns fostered discussion surrounding real world topics from social media’s role in litigation today to young lawyers’ obligation to promote professionalism and civility. Using his experience, Ken cultivated new students’ problem solving skills while widening their perspectives.

Ken invited the students to keep in touch with him. He relishes the past mentoring opportunities he’s had over the years, staying connected with law students through school and into their legal careers. Taking a leadership position in Illinois’ legal community allows Ken to stay abreast of new and developing issues in the profession, thereby helping Levinson and Stefani Injury Lawyers stay a quality firm for all of our clients.  

$274 Billion Dedicated to Transportation, Buttigieg to Oversee $105 Billion

August 14, 2021 by Levinson and Stefani Leave a Comment

$274 billion in new funding will be dedicated to the transportation industry as part of a $550 billion infrastructure spending package.

This is an unprecedented amount of funding to be allocated toward American bridge, highway, road, port, rail, transit, and airport improvement projects, which comes through the latest bipartisan Senate infrastructure bill. This 2,702-page legislation will also allow Pete Buttigieg, Transportation Secretary, to have complete oversight regarding a $105 billion portion of those funds.

The bill comes after collaborative efforts between 11 Democrats and 11 Republicans have been underway and will have significant effects on EPA and Interior and Energy Department programs and the funding allotted for them. Still, though, it appears that the Department of Transportation will be coming out on top.

In fact, DOT will receive the majority of new funds, including $105 billion allocated for DOT grant programs, according to Eno Center of Transportation‘s Jeff Davis. Although all programs awarding grants must follow certain regulations, discretionary grants distributed by the transportation secretary have come out to be “way more than any other grant,” according to Davis.

The breakdown: $66 million will be dedicated to rail improvements, including $58 billion for Amtrak’s national railroad network, its federal and state partnerships regarding intercity rail capabilities, and its Northeast Corridor. The bill’s appropriations title, which is a supplemental spending fund, will distribute $1.2 billion annually to Amtrak’s Northeast Corridor–coming out to $6 billion a year. Over the course of the next five years, all of Amtrak’s networks will receive around $16 billion, and intercity passenger rail capabilities will receive $36 billion.

These funds for Amtrak are “transformational,” said Rail Passengers Association president and CEO, Jim Mathews. Although the legislation did not implement a passenger rail trust fund, the policies outlined in the new bill are extremely helpful, he added.

In fact, the legislation made clear that the transportation sector wants “to see [Amtrak] do a good job with the money [they] give [it], but [they’re] not trying to make [Amtrak] have a profit,” Mathews explained, noting that the language in the bill made clear that Amtrak is indeed a service supported by the nation’s taxpayers.

Additionally, transit will be offered a $19 billion increase in contract authority as well as $10.25 billion for new transit infrastructure grant funding as part of its overall $39 billion package. $8 billion will be allocated toward Capital Investment Grants regarding improvements and upgrades within light rail, commuter rail, heavy rail, bus rapid transit and streetcar transit projects. For accessibility station capabilities for persons with disabilities and the elderly, the bill awards another $1.75 billion.

The bill indicates that $118 billion will be taken from general revenue to help projects working to repair and improve roadways across the country, and that gas tax revenue will now fund the federal Highway Trust Fund. Highway projects themselves will also be given $110 billion, with $55 billion of that dedicated to contract authority and another $55 billion for other appropriations.

A pilot program for user fee implementation regarding vehicle miles traveled will also receive funding; however, legislators will need to find methods of solving issues surrounding current federal transportation policies, as well as how to help the Highway Trust Fund become much more efficient.

Federal dollars have also been repurposed in a way to generate revenue for transportation through the bill, including the $205 billion in federal funding for the coronavirus relief bill. For that particular bill, $3 billion was also repurposed from airline payroll support, although passenger airlines used the majority of their $40 billion payroll support packages during the course of the pandemic. Of the $4 billion allocated for payroll support within cargo airlines, only $1 billion was used, leaving the $3 billion up for grabs.

Finally, airports will receive $15 billion over the course of the next five years for tower and runway projects, $5 billion for FAA equipment and facility improvements, and $5 billion for other discretionary grants.

$1 Trillion Infrastructure Package in the Works, Senators Seek Public Support

August 13, 2021 by Levinson and Stefani Leave a Comment

“The pandemic that we have endured for more than a year laid bare the disparities in access to high-speed internet,” said Senator Susan Collins of Maine this month in regards to a $65 billion broadband package.

This funding comes as part of an almost $1 trillion infrastructure package recently developed by Senators now working to gain support from American citizens ahead of a vote that would bring a major boost to the priorities outlined in the plan.

“We have to do right by our Native people,” said Alaska Senator Lisa Murkowski, who explained that the legislation would help Native Alaskans in rural regions of the state gain more access to running water. The bill itself would allocate around $55 billion for wastewater and water systems in those areas.

“It is critically important we keep our aging bridges and roads and airports up to snuff,” said Senator Jon Tester regarding Montana’s piece of the pie, as $110 of the package’s funds would be dedicated to Montana road and bridge projects working to improve access to farms across the state.

“My state has lost as much land as in the entire state of Delaware,” added Louisiana Senator Bill Cassidy. “But other states are losing land, too.” For Louisiana projects aiming to reduce coastal erosion, the bill would offer around $16 billion for the U.S. Army Corps of Engineers to be able to see such efforts through.

The G-10 group of lawmakers that consists of five Democratic and five Republican senators has been working to address the concerns of citizens across the country in regards to improved internet service, road construction, and airports. Additionally, the group has been pushing for bipartisan efforts on Capitol Hill, although many interest groups within both parties have been targeting aspects of the package with which they don’t agree.

Still, though, package supporters have been confident the legislation will be approved by the Senate, although it doesn’t check all of everyone’s boxes.

“It is clear that the deal does not meet the moment on climate or justice,” said League of Conservation Voters’ senior vice president, Tiernan Sittenfeld.

In addition to concerns around climate change, other political leaders have argued that the package will move too far away from utilizing user fees like gas taxes or tolls to be easily able to fund highway projects. Additionally, some say the legislation will require further federal spending even after the $5 trillion government package allocated for coronavirus relief efforts.

This month, the Treasury Department made clear that Congress had been getting very close to the country’s overall debt limit.

“Every single time we add an enormous sum to our national debt, there is bipartisanship behind it,” said Utah Senator Mike Lee.

60 votes are needed for the smaller infrastructure bill to be amended and passed by the Senate, and Senate Majority Leader Chuck Schumer is determined to quickly pass the bill so that the Senate will be able to focus on the budget plan for the fall’s $3.5 trillion package. This Democratic bill will focus on spending in regards to environmental efforts, healthcare, and social programs.

Politicians working to allow further debate over the package have received support from Senate Minority leader Mitch McConnell. Still, though, McConnell has not made clear which way he will vote, but has referred to the legislation as having the potential to become a “bipartisan success story for the country,” although he is wary about Democrats working to expedite its amendment.

“Like a lot of us, I’m interested in what it looks like in the end,” he said, adding that “the past two administrations tried to do it, [and] were unable to. The American people need it. I think it’s one of those areas where there seems to be broad, bipartisan agreement.”

Senators did in fact approve three of the non-controversial amendments–and rejected three others–as they continued to work to determine in what manner the package should be changed and how much effort should be dedicated to doing so with the 60-vote threshold at hand.

The bipartisan package is likely to allocate not only $110 billion in new road and bridge project spending as well as $55 billion for wastewater and water infrastructure, but also $66 billion for rail improvements and $38 billion for public transit projects.

Further spending will be dedicated to projects regarding the improvement and upgrading of broadband internet, electric vehicle charging infrastructure, ports, and airports.

AV Tech and Electrification Changing Truck Market for Good, Paccar Inc. Says

August 12, 2021 by Levinson and Stefani Leave a Comment

The commercial truck market is changing–rapidly. Features like autonomous driving capabilities, electrification, and virtually-connected vehicles are making their way through the industry as more innovative technologies infiltrate the automotive sector as a whole.

“Those are the core technology pillars that are converging at the same time and forcing change,” said the new chief technology officer for Paccar inc., John Rich. Paccar recently showcased two zero-emission Class 8 commercial trucks at the U.S. Capitol, and claimed that the future of both medium- and heavy-duty trucks relies on these trends.

Rich came onboard Paccar after 30 years at Ford Motor Co. as the company’s director of global strategy and of autonomous vehicle technologies.

Paccar also unveiled its battery-powered Peterbilt Model 579 EV, along with a a hydrogen fuel cell-electric Kenworth T680, at the U.S. Department of Energy headquarters. Members of Congress and Energy Secretary Jennifer Granholm were in attendance.

Peterbilt and Kenworth, which operate under Paccar, have formally introduced their three battery-electric models, although the company’s fuel cell trucks are still in development.

“We’ve made our first deliveries of [electric] trucks,” said Rich. “There’s a lot of talk, a lot of pilot projects, a lot of test fleets, a lot of samples, but cold, hard cash for a truck is a rarity, and we’ve done that in a couple of places.”

For these efforts to be as efficient and widespread as possible, Rich believes that a strong government and trucking industry collaboration is key.

“We’re trying to stress that this is not an industry that’s afraid of the change,” he explained. “We’re just trying to get it done at a measured and predictable pace that works for the industry and works for the economy.”

Additionally, some of the “very important building blocks” for this process include grants and other government incentives to help alleviate some of the bigger overall costs that come in hand with the implementation of electric vehicles and the infrastructure needed to keep them charged, Rich added.

Other key collaborative efforts include those between autonomous vehicle companies and the vehicle manufacturers themselves–efforts which have been focusing heavily upon commercial truck automation much more than the automation of taxi and ride share services–an area that many feel may cause for business overlap.

“We know our swim lanes and our businesses run nicely in parallel with each other,” said Rich.

In fact, Paccar has been partnering with Aurora, a self-driving truck maker, to develop SAE Level 4 autonomous vehicles and to work toward boosting advanced driver-assist capabilities.

These kinds of self-driving vehicles could help alleviate some of the obstacles the trucking industry has been facing in regards to the current driver shortage, as well–particularly within long haul trucking, Rich believes.

“If we can relieve some of that pressure and improve the quality of jobs for people to actually get home and get to see their families in a hub-and-spoke model, it’s a wonderful thing for everyone,” said Rich. “I firmly believe in the safety, job quality, and efficiency improvements that are possible.”

Rich also noted that “extraordinarily high tech” diesel trucks will be making their way into the industry in order to meet the 2027 federal emissions standards, an initiative that will work alongside the latest electric-powered vehicles and autonomous driving tech that have been entering the trucking industry recently.

“You can’t argue that anybody–any segment of the industry–is going to be more advanced than that,” he said. “There’s no second fiddle in this space.”

Operations and vehicle uptime will also see major improvements with the advancement of connected-vehicle technology, Rich noted.

“We haven’t even imagined some of the benefits that we’re going to get out of that,” he said. 

Overall, autonomous trucking capabilities will be a huge component in the quest to improve trucking efficiency and safety for the country as a whole.

“The technologies will work,” Rich said, explaining that it will still take time. “You have to be patient with it.”

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