Levinson and Stefani

The Federal Motor Carrier Safety Administration originally denied UPS Inc.’s request for exemption from driver training requirements. These requirements mandate an instructor have at least two years’ training experience, and UPS is now asking for reconsideration of this request once again.

FMCSA turned down the major shipping company’s request for exemption on the basis that it hadn’t given sufficient data on how the exemption may affect driver and road safety. FMCSA also stated that UPS’ request failed to detail how the requested exemption would allow for safety levels that would be equal to or greater than those achievable by complying with the driver training rule as is.

UPS believes that its fleet–the largest in the country–needs this particular exemption so that it can continue its proper highway and public safety training for its drivers, claiming that it needs to be able to surpass current requirements, as it has been doing thus far.

In its second exemption request, UPS gave FMCSA the necessary new information mentioned in the agency’s original notice of denial, specifically noting that many UPS locations have seen large amounts of fast turnover with driver trainers.

“UPS stated that it has had to hire 100 candidates to attempt to net the 50 driver trainer positions necessary across the U.S.,” said FMCSA in its notice. “Of the 100 hired, UPS has been able to retain only 38 trainers for the reasons explained in the request for reconsideration.”

Additionally, UPS claimed in its original request that its driver training programs have successfully trained hundreds of instructors, even though many of them had not had any previous commercial driver’s license experience beforehand.

“UPS driver training school instructors have, on average, 20 years of UPS experience, hold a CDL of the same or higher class, and all the endorsements necessary to operate a CMV for which training is required,” said the Federal Register announcement from FMCSA. “Additionally, all UPS driver instructors are required to be re-certified every 90 days to demonstrate the same skill level shown for their original driver training school certification. UPS further performs internal quality assessments to validate that instructor skill sets are maintained throughout the organization.”

FMCSA accepted public comments regarding  UPS’s secondary request for one month after it was published in the Federal Register at the end of September.

“UPS believes that its current process of preparing driver trainers exceeds any skill set gained merely by operating a tractor-trailer for two years,” said the carrier in a statement. “The company also believes that a two-year experience requirement doesn’t automatically equate to success as a commercial motor vehicle driver trainer.”

In its previous request, UPS saw 112 comments, with 58 in support, before FMCSA’s original decision. The rest of the comments were either in opposition or had no particular position, according to FMCSA.

The original exemption request also explained that the proposed flexibility was necessary in order for union contractual requirements to be met. Six current employees of UPS must have a promotion opportunity for each new hire that is on-boarded, according to the company’s collective bargaining agreement with the Teamsters union.

This request for reconsideration comes during a time when many safety-related regulations are in the midst of change, such as hours-of-service rules and commercial driver’s license obtainment requirements. Various driver and road safety advocacy groups have been fighting against these relaxed regulations, especially because they seem to be aiming to meet a desperate attempt to fill driver seats during a nationwide driver shortage and to keep drivers on the road longer when delivery demand is high.

These more flexible rules are sure to bring more inexperienced and fatigued drivers to America’s roadways for longer periods of time, and many safety-focused groups and organizations say this is detrimental to the country’s overall road safety. To loosen driver training instructor requirements for UPS, America’s largest delivery fleet, could possibly bring even more major safety concerns than we already have.

In regards to this case, “FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing data,” said the agency in the Federal Register. “Interested persons should continue to examine the public docket for new material.”

Throughout 2020, as truck drivers’ responsibilities have become more vital (and focused upon) than ever, the need for major road and driver safety improvements has never been more important. This also comes at a time where trucking regulations have seen many changes–and pushback.

As the firm’s own Ken Levinson and Jay Stefani have seen first-hand the effects of current safety issues on America’s roadways, they decided to weigh in on what potential changes are needed for truckers right now–and what decisions they think are doing more harm than good.

“It seems like any time there’s a need for more deliveries and more drivers, especially during things like COVID, the trucking industry and trucking companies use that need as an opportunity to skirt safety,” explained Levinson. “Whether it’s hours of service or requirements of drivers and commercial drivers’ licenses–even letting younger drivers drive 80,000 pounds. We’re all for efficiency getting supplies, food, and necessary resources to people–but not at the expense of highway safety.”

This year, regulations regarding driver service hours have been made more flexible, as have age and training requirements for new drivers entering the industry.

“It seems like at every turn, whenever there’s an opportunity, the trucking industry does everything it can to maximize profits at the expense of public safety, and there’s just too much risking involved in the skirting of rules and regulations that are there to protect the public,” Levinson said.

These kinds of safety regulation relaxations have led to many more cases of crashes, injuries, and even deaths on the road, causing many safety advocacy groups to oppose these rule changes.

“Frankly, we see the devastating effects of a lack of driver training, lack of driver attentiveness, and lack of adherence to safety rules. We see it all the time, and it just leaves families devastated.”

Even before the coronavirus pandemic’s stay-at-home orders caused many Americans to have food and household items delivered more frequently, as well as many hospitals and clinics ordering more resources and personal protective equipment, there was already a major shortage of truck drivers across the country on top of issues surrounding driver retention rates–a shortage that tempted the industry to loosen CDL requirements and regulations.

“To me, one of the biggest issues out there is that the industry is talking a lot about how it needs more drivers, and that’s one of the reasons they’re pushing to lower the driving age for CDL holders,” said Stefani. “I think the issue is more about paying drivers a fairer wage. For a lot of the drivers, at first blush, it looks like they’re getting paid a decent amount. But more often than not, gas is coming out of their pockets–these trucks burn through a lot of gas–and drivers are paying for the lease on the truck.”

Often, experienced truckers get tired of this mistreatment, so they end up leaving the industry altogether–and now, trucking companies have become desperate to fill those spots.

“The industry is looking to add more drivers by turning toward younger, less-experienced, cheaper drivers,” Stefani explained. “They’re trying to add 18, 19, 20-year-olds. Not only are they younger, they’re less experienced driving cars, let alone driving these massive tractor-trailers that are sometimes hauling hazardous materials. It’s unfortunate that, oftentimes, the industry’s first turn is to cut safety tools and to cut regulations that are there to protect everyone on the roadway.”

The truckers Levinson and Stefani work with in their cases typically bring up the importance of driver experience–the number of miles and the number of years behind the wheel–which often plays a big role in trucking-involved accidents.

“Lack of driving experience is a major factor that often comes into play in what we see in our cases all the time,” said Stefani. “Oftentimes, these are less-experienced drivers, or they’re drivers that are being pushed beyond the limits of their hours of service. They’re driving tired–they’re exhausted. And a lot of that is because they’re getting pressured to stay on the road.”

This driver fatigue is a more prevalent problem than many people realize. In 2006, 13% of all truck crashes were associated with exhausted drivers. Relaxing hours-of-service regulations is clearly only going to worsen that issue, Stefani says.

“There’s a significant percentage of these crashes that we see out there that are caused by drivers that are tired, and that’s with the already-existing hours-of-service regulations,” Stefani explained. “Letting truck drivers drive when they’re even more tired is not the solution. Add more drivers. Spread out deliveries. There are some places that will do what’s called ‘tandem drivers’ or ‘co-drivers,’ so that there are split shifts within a truck. There are a lot of options out there other than forcing drivers to drive when they’re tired.”

Supporters of hours-of-service regulation flexibility argue that many drivers don’t want to be made to rest when they would rather be working–but Stefani said this is not what will come of this change.

“There’s no question that this isn’t going to be a situation where they let drivers drive more hours if they want to,” he said. “It’s absolutely going to be a situation where the truck companies and the shippers are telling them, ‘No, you’re now legally allowed to drive 12, 13, 14 hours a day, so we expect you to do that.’”