New Commercial Driver Panel Launched to Advise FMCSA

December 28, 2020 by Levinson and Stefani Leave a Comment

A new commercial driver panel has been implemented by the Federal Motor Carrier Safety administration as part of its Motor Carrier Safety Advisory Committee.

Members of MCSAC come from various safety enforcement groups, trucking companies, and labor organizations. The new panel, which was announced in mid-September, will work to advise leaders within FMCSA on safety topics and current issues surrounding things like driver training, parking challenges, and hours-of-service regulation changes.

The commercial driver panel will consist of up to 25 drivers within various industry sectors, including tractor-trailer operators, motorcoach drivers, hazardous material-haulers, and transporters of agricultural goods.

“Truck drivers and other commercial vehicle operators are American heroes who have stepped up during the current public health emergency to keep our economy moving,” said Elaine Chao, U.S. Transportation Secretary. “So, their input is essential to strengthening safety on the roads.”

FMCSA said that over the last few years, it has worked diligently to listen to the concerns and opinions of commercial truck drivers across the country and to implement those comments into further safety initiatives.

“The Department of Transportation and this Administration believe in listening to our drivers and hearing their concerns directly,” said Wiley Deck, FMCSA Deputy Administrator. “We know that many of the solutions to the challenges we face don’t come from Washington–they come from the hard-working men and women who are behind the wheel all over our nation. This new subcommittee to MCSAC will further help us hear from America’s commercial drivers.”

Longtime MCSAC member and vice president of Clark Freight Lines, inc., Danny Schnautz, explained that panelists come from a multitude of regions across the country and will hopefully bring a wider variety of perspectives to the discussions and ideas brought to light through MCSAC’s efforts. Schnautz said personal experiences and stories from drivers can unveil the realities that many drivers across the trucking industry face on a day-to-day basis.

Schnautz, who has 180 drivers operating CMVs within his company, said he works to communicate with his drivers each day and to hear their concerns–and that listening to these first-hand accounts of daily driver life is what helps him really understand the goings on of the industry as a whole.

“Some driver says, ‘One time, I was going through Florida…’ [and] whenever you realize that there’s thousands of those stories that say, ‘One time this happened…’ then, you can put together a pretty good pattern, and you can see what’s good and what’s bad in the way we’re regulating trucks,” Schnautz explained. “These are differences that don’t come out unless you’re talking to a driver, because management really can’t tell those stories.”

The experiences he hears about show Schnautz the kinds of worries drivers have that others throughout the industry may not be paying much attention to, such as parking availability, waiting times, hours-of-service regulations, and factors of FMCSA’s Compliance, Safety, and Accountability program. Then, Schnautz is able to bring these concerns straight to the panel.

Going straight to the source and into the trucking field is the best way for government officials to learn about what truckers really want for their jobs and livelihoods, Schnautz said. Government officials like Deck, who has been working as deputy administrator for only a couple of months, would be able to gain deeper insight into the realities of the industry by going on ride-alongs or visiting loading docks.

“Don’t discount what you can gain by investing that time to get out,” he said. “Really, we’ve got to prioritize that.”

Right now, the FMCSA is seeking nominations for MCSAC membership from those with particularly beneficial experience, training, and education regarding commercial motor vehicle issues and industry initiatives. A nominee needs to represent at least one of the four membership sectors, which include: safety advocacy, labor, industry, or safety enforcement.

Additionally, members of the committee will need to be able to attend at least two or three meetings each year, either in person or virtually. Nominations are due by November 30th and interested parties can find more information on applicant requirements and eligibility here.

Additionally, FMCSA said it will continue to host discussions and listening sessions with members of the motor carrier industry and the public in order to gain further insight and opinion in the priorities and efforts of the agency.

Safety Advocates Petition Against New HOS Rules

December 27, 2020 by Levinson and Stefani Leave a Comment

Announced officially on May 14th, the Federal Motor Carrier Safety Administration made a final ruling regarding hours-of-service regulations, bringing flexibility among its four revisions for truckers, such as relaxing current mandatory 30-minute rest breaks and sleeper berth time splits.

“Starting on September 29th, 2020, truck drivers subject to Federal Motor Carrier Safety Regulations (FMCSRs) will be required to comply with the revised hours-of-service regulations,” FMCSA said in a recent tweet.

The final rule was formally implemented in late September, and brings boosted flexibility to truck driver rest break rules by only requiring a break after eight hours of consecutive driving and permitting the break to consist of an “on-duty, not driving” status instead of the previously-necessary “off-duty” status. Drivers will also have changed short-haul exceptions by the expansion of a maximum on-duty driving period from 12 to 14 hours and the lengthening of the distance limit for operation from 100 air miles to 150 air miles.

The new rule also changes adverse driving condition regulations by stretching the maximum window of permitted driving in challenging conditions by two hours. It also allows drivers to divide their required 10 hours of off-duty time into two different possible split periods–an 8/2-hour split or a 7/3-hour split–neither of which would count against the trucker’s 14-hour driving window.

Now, three organizations, along with the Teamsters union, have decided to file a petition in federal court opposing these regulation changes.

The petitioners include the Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways, and Parents Against Tired Truckers, along with the Teamsters. The groups filed the petition in mid-September in the U.S. Court of Appeals for the District of Columbia Circuit.

This legal action comes after the groups had a petition for reconsideration denied by the FMCSA, and now, the petitioners are requesting that the court reviews the final ruling as well as the denial of their petition to the agency.

“Because they’ve rejected that petition, now, we’ve filed a petition with the U.S. Court of Appeals in the D.C. Circuit–so, it’s kind of the next step in the process,” said general counsel for Advocates for Highway and Auto Safety, Peter Kurdock. “This is just the first step in a very long journey.”

Because the final rule was scheduled to be put into effect at the end of September, Kurdock knew early on that efforts of the petition would last longer than the date of implementation.

“This action that we’ve taken in filing the petition with the U.S. Court of Appeals is really not going to affect that date,” he explained. “This is a lengthy process. In all likelihood, the rule is going to go into effect at the end of September, and this process will continue after that date.”

The petitioning groups have made clear their beliefs that the regulation relaxations within this final rule will worsen the already-dire problems surrounding driver exhaustion.

“I fall asleep on the job, my head hits the keyboard,” said Cathy Chase, President of the Advocates for Highway and Auto Safety. “If a truck driver falls asleep, his [or] her head hits the windshield, and that’s only part of the catastrophic outcome. Allowing operators to work longer hours and drive farther distances without proper rest breaks and other protection ignores science, data, and expert opinion.”

It makes sense that many truckers would want the option of driving more hours, and that trucking companies are happy to push truckers’ abilities to their limits in order to meet higher demands–especially demands following the spike in food, household goods, PPE, and medical resource delivery orders that came with the pandemic. However, opposers of the new rule are certain that the industry is only catering to these desires to fulfill orders and remain profitable–rather than prioritizing roadway safety for all.

“By issuing this HOS regulation, FMCSA has bowed to special trucking industry interests at the expense of highway safety, seeking longer work days for drivers who are already being pushed to the limit,” said James Hoffa, General President of the Teamsters union. “We joining this lawsuit to ensure that our members and their families are protected from fatigued drivers when they use our nation’s highways.”

Levinson and Stefani Discuss Current Safety Issues Within Trucking Industry

December 26, 2020 by Levinson and Stefani Leave a Comment

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.’”

Is Trucking Technology Really Boosting Driver Safety? Levinson and Stefani Weigh In

December 26, 2020 by Levinson and Stefani Leave a Comment

As many carriers struggle with driver shortages during the surge in demand that arose from 2020’s events, hours-of-service and Commercial Driver’s License regulations are being loosened. Although some argue that the influx of innovative trucking technology, such as in-cab monitoring systems and various radar sensors, are making trucking safer than ever, Ken Levinson and Jay Stefani say it’s not going to be a big help for current trucking safety issues.

“Trucking companies are putting some of this technology in the trucks, but are they actually using it?” asked Stefani. “We had a case recently where all of a trucking company’s trucks had a device that was essentially like a black box tracking speed, acceleration, and deceleration. It notices if a truck driver is making a sudden stop–because typically, if you’re making a sudden stop, it means you’re not managing the space in front of you. You’re not paying attention, and you’re having to slam on the brakes. So, this trucking company did well to have this device in their trucks, and they knew that this particular truck driver had at least two sudden stop issues before the crash that we’re now dealing with. But the problem is, they didn’t do anything about it. There wasn’t any additional training.”

Stefani explained that there are many ways trucking companies can use the data recorded from this technology to improve driver performance–but too often, nothing is done.

“There wasn’t any disciplinary action taken, and they didn’t have anything to show that they actually sat down with this driver and said, ‘Hey, you had these two near-misses. Let’s walk through and work on how you can avoid these in the future.’ They didn’t do that, and one of our clients was rear ended by this truck driver who wasn’t paying attention and slammed on the brakes way too late.”

Still, Levinson wants to make it clear that the role of a personal injury lawyer isn’t to fight against all truckers–but to make sure drivers are able to stay as safe as possible and held accountable when they’re at the cause of a safety issue.

“We’re not anti-truck driver. We’re not an anti-truck company or transportation. We’re just anti-unsafe ones, if you will,” Levinson explained. “Certain companies have a culture of safety and they do a fine job. But we need to be diligent and make sure the safety rules aren’t so relaxed that it’s just too dangerous.”

Levinson explained that it appears the new flexibility of so many safety regulations is only the tip of the iceberg.

“A lot if the industry in general is just getting to that line–trying to move that marker–further and further away from what is really reasonably safe,” he said. “A lot of truckers and employees just don’t have the power to make sure it’s safe for them. They’re under a lot of pressure to drive a lot of hours and make deliveries on time. If the industry isn’t going to keep things safe, you have to have some governmental regulations and, unfortunately, lawyers that will hold them accountable when they cause harm. That’s what we do. Frankly, we represent a lot of truck drivers that were injured because fellow truck drivers were unsafe and caused a lot of danger.”

As innovative trucking technology progresses and improves, its potential is impressive–but anyone on the road should know that this technology, even automated vehicle technology, can’t replace the benefits of a driver being alert, rested, and attentive.

“The truck technology is excellent. It needs to be out there, it needs to be expanded, it needs to be put in every truck,” Stefani said. “But things like where we’re facing crash deterrent detectors or automatic braking blind spot detectors–that’s really a poor substitute for a tired and exhausted truck driver. Technology should be there, but that doesn’t mean that it’s then okay to let a sleepy truck driver stay behind the wheel.”

Levinson explained further that even companies that are using safety technology properly may still have no methods of proper training in place that would truly make a difference among their drivers’ on-road behavior.

“We have cases where we ask for documentation that shows the safety training and the safety policies companies have, and we currently have a significant injury case where the company said, ‘We don’t have any safety policies, internal safety handbooks, or training,’” said Levinson. “And so, the company’s office has been doing nothing on their own, and they need some guidance from elsewhere because they’re not taking the initiative. They’ve proven time and again that they’re not taking safety seriously enough, and so someone needs to make those decisions for them.”

According to Stefani, the biggest problem amongst trucking companies right now isn’t that they pay no attention to safety standards, but that they put the least amount of effort possible into keeping their truckers–and other drivers on the road–safe.

“It’s important to note that these federal and state regulations are minimum safety standards,” Stefani explained. “They’re the bare minimum that trucking companies have to abide by. There are a lot of companies out there that do a very good job of having additional rules for their drivers, and they do additional training and have additional support for those drivers, and those, unsurprisingly, tend to be the trucking companies that have lower rates of incidents. They tend to do a better job of protecting their drivers and protecting the general public. It’s not always an issue of these companies skirting or ignoring safety regulations, it’s them doing the bare minimum.”

National Truck Driver Appreciation Week Reaches New Heights Following Pandemic Efforts

December 12, 2020 by Levinson and Stefani Leave a Comment

We have recently reported on the huge amount of support and appreciation Americans have been giving truckers as they work overtime throughout the coronavirus pandemic. During this year’s National Truck Driver Appreciation Week, drivers received more–well-deserved–recognition and celebration than ever before.

“The critical impact and service of the professional men and women behind the wheel who drive our economy forward every day can never be understated,” said Chris Spear, president of American Trucking Associations. “National Truck Driver Appreciation Week provides a chance for America to honor and thank these national heroes, let them know how much we appreciate them, and tell their remarkable stories.”

To celebrate its 75th anniversary, which happened to fall during the appreciation week, Baylor Trucking made a plan to show appreciation for its own drivers.

“To be able to start a trucking business from the cornfields of Indiana and sustain through 75 years of economic cycles is a remarkable accomplishment,” said Cari Baylor, president of the company. “We are grateful to God and give praise to all of our professional drivers and team members who have contributed to our success.”

Baylor Trucking, a dry van and refrigerated truckload carrier that was founded by World War II veteran Chester Baylor in 1945, offered gifts and raffle prizes to its drivers during this time of celebration.

“As we commemorate our 75th anniversary during NTDAW, Baylor Trucking wants to go above and beyond to acknowledge our gratitude and to honor our amazing professional drivers,” said the company in a statement.

Many of Baylor’s drivers were also able to operate a fleet of special 75th anniversary trucks. Additionally, driver appreciation messages and giveaways were posted on the company’s Facebook page in the days leading up to National Truck Driver Appreciation Week.

Garner Transportation Group joined in on the appreciation efforts as well, offering refreshments and goodies to drivers around its Ohio location.

“We are so proud of you,” said Sherri Garner Brumbaugh, president of Garner, in a video message to the company’s employees. “We have so many things going on this week, and we want to start the week by saying thank you but [also by] inviting you to come through the shop here in Findlay. In the lobby, we have some snacks. Stop by, pick something up, [pick up] some drinks. Staff will be fueling your truck so you’ll be able to take a break.”

Garner also provided truckers with backpacks filled with gifts to show its thanks.

TravelCenters of America expressed its gratitude for truckers by offering discounted showers and parking, as well as gift packages, catering, and other refreshments to its truckers throughout the company’s offices across the country.

“Professional truck drivers play an integral role in keeping our economy moving, and that was especially apparent since the onset of the pandemic this year, [when they were] delivering everything from gasoline to groceries and medical supplies,” said Peter Voorhoeve, president of Volvo Trucks North America. “Volvo Trucks would like to give these drivers the recognition they deserve and thank them for their commitment to the crucial job of transporting the food, cargo, consumer products, and equipment that are essential to our everyday lives.”

Peterson Manufacturing, along with ATA, decided to show its thanks by offering a $1,000 bonus to truckers who have faced certain challenges throughout the pandemic in an effort to provide extra help to these drivers going above and beyond while undergoing their own difficulties.

“We are proud of our industry truck drivers, and how they have supported our country during these uncertain times,” said Peterson fleet business development manager, David Black. “We are happy to be able to give back to the industry with our Shining the Light on America’s Truck Drivers campaign.”

Many major trucking companies took to various social media platforms to express their truck driver appreciation.

“There are 3.4 million professional truck drivers in America, including [more than] 136,000 UPSers, who have been delivering for our communities throughout the pandemic,” said Carol Tomé, CEO of UPS, in a Tweet. “Thank you for moving our country forward, especially during these challenging times.”

Great West Casualty Company also tweeted its thanks, announcing its surprise appreciation lunch at a Jefferson, South Dakota weigh station.

“What a great day–Great West surprised 200 truckers today with free lunch at the Jefferson, SD weigh station as part of Truck Driver Appreciation Week,” said the company on Twitter. “Thank you to all drivers for keeping our supply chain moving.”

Collaboration is Key for Countrywide Highway Safety, NHTSA Says

December 11, 2020 by Levinson and Stefani Leave a Comment

Successful trucking operations rely on substantial traditional and non-traditional partnerships within the industry, said National Highway Traffic Safety Administration representatives.

Recently, NHTSA hosted a virtual panel discussion entitled “Where the Rubber Meets the Road: NHTSA’s Regional Operations and Program Delivery,” which was part of the agency’s 50th anniversary celebration focusing on road safety.

The agency, which operates 10 offices around the country to help states identify and find methods of training and improvement for highway safety issues, counts on its partnerships with various programs, organizations, and groups, said NHTSA’s regional administrator, Susan DeCourcy. These partners include child passenger safety campaigns, hospital staffers working on safety campaigns, and organizations like Mothers Against Drunk Driving.

DeCourcy noted one particular annual campaign held throughout Region 7, which includes five Midwestern states and the entire metropolitan area of Kansas City, in which law enforcement and other regional representatives work to lower drug-impaired driving numbers each April.

“[Our] greatest accomplishment is regional partnership,” DeCourcy said. “Our unity has really made it more effective.”

Following data as safety trends train is also of the utmost importance, she explained. As safety campaigns have varied over the years from focusing on the need for regular seat belt use, to the dangers behind allowing children to ride in the front seat, to the realities of driving under the influence, organizations have worked with law enforcement to follow data and determine what certain regions need to focus on most.

“Not only have the regional offices experienced a transformation over time,” [but] so has the development, collection, and use of data,” said Decourcy.

These kinds of research will also guide the adoption of technology into various vehicle development, said James Owens, Deputy Administrator of NHTSA.

“It’s no secret that we’re in the midst of a revolution of automotive technology,” he said. “Some of these developments may make our cars cleaner than ever, and others may make them safer than before.”

In particular, automated vehicle technology is expected by many industry professionals to boost overall road safety and also bring more options of mobility to those with any transportation difficulties, said Transportation Secretary Elaine Chao.

“Today, we are so fortunate because new driver assistance technologies are making exciting contributions to improving vehicle safety,” Chao said.

The four-day panel discussion included conversations from Robert Ritter, the director of the Office of Impaired Driving and Occupant Protection; Mary Byrd, a highway safety specialist; DeReece Smither, a research psychologist; Stephen Ridella, Director of the Office of Defects Investigation; Jenny Dang, the Division Chief of new car assessment; and many others.

While preliminary conversations focusing on initiatives promoting seat belt and child passenger restraint usage, discussions continued into looking at vehicle and equipment defect investigations and recalls–including the recent Takata airbag recall–as well as focusing on law enforcement and EMS partnership importance, NHTSA Safety Ratings, consumer education efforts, grant administration, and program delivery.

Overall, it was clear throughout the event that continued partnership and collaboration with a variety of groups and organizations is the key to seeing safety efforts flourish, expand, and improve drastically.

Regional program manager Brian Huynh pointed out yet another vital partnership–a collaboration with the Girl Scouts. Girl Scouts have helped to promote pedestrian safety via presentations and a special patch given for those participating in the program, which was implemented in Hawaii, part of NHTSA’s Region 9.

According to Huynh, regional program managers like himself work specifically in collaboration with government officials, court officers, and prosecutors.

“We work on programs, priorities, and partnerships, and we take to heart that collaboration gets the work done,” he explained “We work with other people. We take on the role of Swiss Army diplomat.”

Although the virtual panel discussion for “50 years of advances in road safety and the challenges ahead” has concluded, there are benefits to it having been a virtual event–all six individual discussions that took place over the four days, as well as the secretary’s remarks and deputy administrator’s keynote, were recorded and are available for viewing online here.