2020’s Safety Enforcement Event Brings 71,000 Warnings and Citations to Drivers

November 11, 2020 by Levinson and Stefani Leave a Comment

After last month’s Operation Safe Driver Week, rescheduled from earlier in the year due to the pandemic, inspectors, along with law enforcement, found at least 66,000 drivers operating with less-than-safe behavior across North American roadways.

The boosted enforcement event brought 71,000 warnings and citations issued to drivers between July 12th and 18th, and was Commercial Vehicle Safety Alliance’s first safety enforcement campaign of 2020.

“Despite the challenges associated with the pandemic, 3,681 enforcement officers from 55 Canadian and U.S. jurisdictions interacting with 29,921 commercial motor vehicle drivers and 36,500 passenger vehicle drivers during this year’s special enforcement event,” said the CVSA.

The most common citations given to truckers specifically included: speeding and driving too fast for the conditions, failure to wear a seat belt while operating a commercial motor vehicle, failure to obey traffic control, texting or otherwise using a hand-held phone while driving, and improper lane change.

State and local driver violations were also given for certain observations made by officers during a traffic stop, like expired license plate tags, inoperative lamps, and mirror equipment violations.

In regard to speeding, which was the focus of this year’s efforts, inspectors gave 14,378 citations and 11,456 warnings to passenger vehicle drivers, and 2,339 citations and 3,423 warnings to commercial motor vehicle drivers. Therefore, 56.3% of all warnings and 50.2% of all citations given to commercial motor vehicle drivers were for speeding alone. This hyper-focused approach to speeding comes after 2017’s data showing one driver-related factor caused 32% of all large truck-related fatal crashes, and 54% of passenger vehicle-related fatal crashes.

The second-most identified traffic enforcement offense, failure to use a seat belt, accounted for 12.5% of all warnings and 21.4% of all citations. “Safety belt use remains one of the cheapest, easiest, and most important means to protect commercial motor vehicle drivers,” CVSA said. In 2017, 13% of big rig occupants in all fatal crashes failed to wear a safety belt, and 45% of those people were killed in the respective crash. Still, CVSA said overall seat belt use by CMV drivers continues to rise, with a record high of seat belt use rates for medium and heavy-duty trucks and buses found to be at 86%.

Thirdly, hand-held phone use made up 4.35% of all issued warnings and citations, and was the fourth-highest on the top violations list. “The Federal Motor Carrier Safety Administration restricts the use of all hand-held mobile devices by drivers of commercial motor vehicles,” CVSA noted. FMCSA has found that involvement in a crash or near-crash rises by six times as much for CMV drivers who use a hand-held mobile phone while driving as compared to those who don’t. “Penalties [of hand-held phone use] can be up to $2,750 for drivers and $11,000 for employers who allow or require drivers to use a hand-held communications device while driving,” CVSA said.

Additionally, even though CMV drivers are completely prohibited from using any hand-held communications device while operating their vehicles, it was the fourth-ranked citation for the truckers with 269 overall citations, while only ranking 12th for passenger vehicle drivers, with 58 citations.

According to CVSA, passenger vehicle drivers were cited for speeding more than six times as much as CMV drivers, and were given three times as many warnings and citations as CMV drivers for all infractions.

Because this safety enforcement effort took place in the midst of a national pandemic, CVSA found that nearly 700 fewer interactions occurred between law enforcement and CMV drivers than during the safety enforcement operation of 2019. Last year, officers issued more than 17,000 citations for speeding across North American highways, and 92% of those citations were given to passenger vehicle drivers alone. Officers also interacted with 30,619 drivers in July of 2019, and 29,921 this year.

“When commercial motor vehicles and passenger vehicles collide, no matter who was at fault, the results can be catastrophic, especially for the smaller and lighter passenger vehicle,” said John Samis, Delaware State Police sergeant and CVSA President. “Preventing crashes from happening requires every driver–commercial and personal–to be aware of how to safely share the road with other types of vehicles.”

DOT Announces Strategic Plan to Boost Country’s Freight System

November 10, 2020 by Levinson and Stefani Leave a Comment

The comprehensive National Freight Strategic Plan was released by the U.S. Department of Transportation earlier this month, a plan which will aim to give clear guidance regarding how to create safety and resilience improvements within the country’s freight system.

“Every day, America’s transportation network moves more than 51 million tons of freight and energy products valued at nearly $52 billion via highways, railways, ports, and inland waterways, pipelines, and airports,” said the DOT in a statement. “The growth in freight demand due to increasing use of e-commerce and local supply chains in recent years has strained our freight system, and could threaten the competitive advantage of American businesses.”

This plan, deemed necessary by the Fixing America’s Surface Transportation Act, will work to guide infrastructure planning and freight movement efficiency improvements. It will also boost freight system safety, infrastructure developments, and data and technology capability support.

Transportation Secretary Elaine Chao explained that freight system investment will help the country’s competitive strength in agriculture and manufacturing industries, and that economic competitiveness boosts will align with a strong infrastructure network.

“This system helps drive economic growth and touches the lives of every American,” she said. “This plan establishes a clear vision for the future of our nation’s transportation system.”

The plan addresses current areas for improvement and opportunity in relation to overall freight movement, including the challenge of e-commerce, which has brought upticks in truck traffic and curb space jams. For shipments moving 750 miles or fewer, trucks are the main method of transportation.

Online shopping habits have also risen exponentially, and, according to the plan, delivery demand in areas with high numbers of traffic and congestion has been a large obstacle. E-commerce sales jumped by 16.7% between 2018 and 2019’s fourth quarters according to Census Bureau data, and the trend has continued as coronavirus shelter-in-lace mandates have caused more people to order online in lieu of in-store shopping.

“The rise of e-commerce has disrupted our supply chains and increased demand for last-mile deliveries in areas that are already heavily congested,” said Chao. “This National Freight Strategic Plan will help us invest strategically in our country’s future and turn these challenges into opportunities.”

The plan also points to technology capabilities, as transportation experts have been looking to innovative driver assistance tech and automated systems to progress the industry to new levels.

Nicole Nason, Federal Highway Administrator, said electronic routing systems, port automation systems, and weigh-in motion sensors will play a huge part in the future of trucking.

“Freight movement is often intermodal,” she said. “Even if airports, seaports, or railroads are involved, trucks are still needed to move those products to their final destinations.”

Pandemic-caused travel obstacles will be just as much a factor in trucking as e-commerce changes, according DOT undersecretary for transportation policy, Joel Szabat. Federal Motor Carrier Safety Administration deputy administrator, Wiley Deck, agreed.

“Focused attention on the freight system is especially urgent in light of supply chain challenges caused by the recent pandemic,” Deck said. “To continue moving forward, we need a holistic plan for our freight system.” The National Freight Strategic Plan is that exact plan, he explained.

This plan also addresses traffic congestion increases with the identification of bottlenecks caused by weight-restricted bridges, road geometries, and other structural conditions. According to the American Transportation Research Institute, the trucking industry as a whole loses around $74.5 billion sitting in traffic every year.

Szabat also noted that the DOT worked with 13 separate events to gain input regarding the new plan, and said DOT received 82 comments from industry experts on the matter.

“We look forward to continuing to work with you all as we strive to improve the safety and efficiency of our nation’s multimodal freight systems,” he said, explaining that DOT will use the plan to create a framework for multimodal partnerships and to guide national policy.

The plan “recognizes the promise of technological solutions to safety [and] environmental and mobility concerns while acknowledging the need to make significant investments to modernize our nation’s transportation infrastructure,” said Darrin Roth, Vice President of Highway Policy for ATA. Roth believes the plan will present feasible solutions to any challenges freight transportation workers may face.

Ken Levinson to Moderate AAJ Webinar on Neuroscience

November 10, 2020 by Levinson and Stefani Leave a Comment

Along with the nation’s largest trial lawyer association, Levinson and Stefani’s Ken Levinson will be moderating a webinar on neuroscience on August 24th.

The event, named “Improving Communication Skills Through Neuroscience, Clean Language, and Metaphors,” will be held online by the American Association for Justice on August 24th from 2:00 PM to 4:00 PM.

AAJ says that “the power of neuroscience unleashes the subconscious” and allows for an exploration of what people really think and want to say. Faculty giving presentations at the event will dive into the use of metaphors and clean language at trial, and their effects at depositions.

“I’ve been studying persuasion and decision-making for years,” said Levinson. “This is an ever-growing field and is important for trial lawyers in making sure that juries learn the truth about our clients’ cases, as well as the best way lawyers can argue on behalf of our clients.”

The event will consist of a seminar called “Using Metaphors and Clean Language at Deposition and Trial,” which will cover topics such as identifying metaphors within a legal context, exploring metaphors using clean language, and “harvesting gold from your deponents by identifying patterns.”

There will also be interactive workbook activities for attendees as well as a question and answer session to follow.

“I believe they picked me to moderate because I have such a strong interest in the topic and am a co-chair of an AAJ litigation group that deals with juror bias and related topics,” Levinson explained. “I’m hoping to learn more about how people process language and how to improve these skills to better represent my clients.”

The event presenters will be Robyn L. Wishart of Wishart Brain & Spine Law, and Marian Way of Clean Learning.

AAJ provides education with innovative legal training taught by the country’s top trial lawyers. Those who attend these programs are able to connect with litigation leaders in person–or online, as is typically the case now–and utilize AAJ’s cutting-edge resources in order to learn new methods of expansion and growth for legal practices.

For information on registering for this event, please click here.

Levinson Volunteers with VPAC to Help Protect Voters

November 10, 2020 by Levinson and Stefani Leave a Comment

In firm news, Ken Levinson is partnering with the American Association for Justice to volunteer in its Voter Protection Action Committee.

AAJ is an organization working to bring advocacy, education, and a community mindset to trial lawyers working toward justice, and promotes fairness for injured victims while safeguarding their rights–especially their right to a trial by jury.

Within the Voter Protection Action Committee, AAJ works with state and national organizations to find law students, paralegals, and lawyers who can act as poll monitors, poll workers, call center volunteers, and more in order to protect Americans’ right to vote.

“I’m involved in the Voter Protection Action Committee in order to make sure that our democracy stays strong and that people get out and vote,” said Levinson. “We believe that our jobs lawyers goes beyond just helping clients.”

Levinson has been working throughout the month of October to help get people registered to vote in time for the election on November 3rd.

“Working with clients is a big part of [our job], but it’s also about helping the community, our system of laws, and our government and democracy,” Levinson explained. “Lawyers need to do their part. And this is one of the things we [at the firm] do.”

AAJ’s Voter Protection Action Committee was officially established in 2010, and throughout 2020, nearly 1,200 trial lawyers have volunteered to boost and protect voters’ rights. During 2018’s voting cycle, the trial lawyer community helped to protect votes in 29 different states.

To do their part in protecting our democracy, trial lawyers, through the VPAC, have volunteered as poll workers, poll monitors, and call center volunteers; they have worked on-call to travel to battleground states when needed; they’ve volunteered to check voters’ registrations and have helped register people to vote across the country; they’ve helped voters request absentee and mail-in ballots; and they’ve helped review state-specific voter information to make the process as easy as possible.

“People rely on lawyers to protect their rights every day, their right to trial by jury, and the right to bring a lawsuit when they are injured,” said Jackalyn A. Olinger Rochelle, a VPAC volunteer out of St. Louis, Missouri. “The right to vote is no different. We have a duty and a fundamental obligation to protect the right to vote.”

Pilot Program Aims to Bring 18- to 20-Year-Old Drivers to Interstate Commerce

November 4, 2020 by Levinson and Stefani Leave a Comment

The Federal Motor Carrier Safety Administration announced its intent to allow young drivers between the ages of 18 and 20 to operate commercial motor vehicles through a new pilot program.

As of early September, FMCSA will push for drivers in this age group with commercial driver licenses to be able to operate CMVs in interstate commerce efforts. Those drivers would, however, be subject to a 120-hour probationary period and 280-hour apprenticeship period.

Eligible drivers also include those of 19 or 20 years of age who have operated commercial motor vehicles within intrastate commerce for at least one year over 25,000 miles.

“The study group drivers would not be allowed to operate vehicles hauling passengers, hazardous materials, or special configuration vehicles,” FMCSA clarified in its announcement.

Study group participants will have their vehicles set up to include driver-assisting technology, such as speed limiters set at 65 miles per hour, active braking collision-mitigation systems, and forward-facing video capture capabilities.

“This action will allow the agency to carefully examine the safety, feasibility, and possible economic benefits of allowing 18- to 20-year-old drivers to operate in interstate commerce,” said Wiley Deck, Deputy Administrator for FMCSA. “Safety is always FMCSA’s top priority, so we encourage drivers, motor carriers, and interested citizens to review this proposed new pilot program and share their thoughts and opinions.”

This particular program aligns with the efforts of the DRIVE Safe Act, which worked to allow younger truckers to enter interstate commerce. American Trucking Associations and other industry groups have backed the legislation, which is also currently sponsored by 144 congresspeople and 34 senators.

“This is a significant step toward improving safety on our nation’s roads, setting a standard for these drivers that is well beyond what 49 states currently require,” said ATA President Chris Spear. “This is an amazing block of talent with unlimited potential.”

These 49 states allow CDL holders in this young age group to operate CMVs within state borders, and the new proposed pilot follows the 2018 announcement of the Military Commercial Driver Pilot Program, which would allow 18- to 20-year-old drivers with a military background to drive CMVs within interstate commerce. The pilot also comes after 2019’s notice by the Federal Register seeking public commentary regarding where and how a young driver pilot program could take place, including comments about training, limitations, operational requirements, insurance, research, and vehicle safety systems.

“As an industry, we need to find new ways to connect with potential new drivers,” said Randy Guillot, Chairman of ATA and president of Triple G Express and Southeastern Motor Freight. “By providing young people the opportunity to fully participate in the financially-rewarding and dynamic world of trucking, we will be in a better position to bring in a new generation of valuable talent to our industry.”

This month’s notice also requests public comment for a period of 60 days, and also approaches the 1,118 comments from 2019’s notice, which includes a nearly 50/50 split between those favoring and opposing the pilot program. More than 95 organizations and 1,000 total people commented.

Of these, 750 commenters submitted personal opinions, while the remaining pushed for a program focusing on shorthaul drivers instead. Those opposing the program included organizations such as Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways, Governors Highway Safety Association, Insurance Institute of Highway Safety, Owner-Operator Independent Drivers Association, Parents Against Tired Truckers, Trucking Alliance, and other private carriers and citizens.

Supporters of the program include ATA, Commercial Vehicle Training Association, DriverReach, National Propane Gas Association, National Interstate Insurance, National Association of Publicly Funded Truck Driving Schools, National Retail Federation, and Towing and Recovery Association of America.

The announcement for this pilot program comes as the country has long-faced a driver shortage, which worsened with the high demand brought on by the coronavirus pandemic. Although the program’s supporters promise a focus on highway safety for these young drivers, it is difficult to ignore the fact that the trucking world just wants more drivers entering the industry, regardless of age or experience. Does allowing truckers still in their teen years to begin operating in interstate commerce bring more safety to trucking as a whole, or does it just allow more trucks to hit the road?

Reliance on Online Orders Leaves Private Fleets Adapting to New Reality

October 24, 2020 by Levinson and Stefani Leave a Comment

Since the beginning of the pandemic, private fleets have been riding the wave of steep rises and falls in demand.

Business levels dropped quickly for many carriers, but changed just as rapidly when people began relying on online shopping more as shelter-in-place mandates spread across the country. This boost in freight demands started stretching fleets’ resources thin in many cases, and overall demand in e-commerce hit all aspects of the transportation industry–hard.

Now, the effects COVID-19 has had on the industry have changed supply chain structures and operations for good.

“People stopped going out to the local pizza joint [and instead began] ordering online and getting deliveries,” said Gary Petty, National Private Truck Council president. Private food service and grocery carriers were hit extremely hard in March and April when the public begun panic-shopping and emptied store shelves.

These actions depleted grocery and drug stores’ resources and put added strain on private fleets when they struggled to meet the needs of replenishment for various goods.

Additionally, as internet commerce demands soared, final-mile transportation demand went right along with it as more and more people ordered home goods online more often than in-store. The need for more local delivery drivers skyrocketed as well as restaurants had to transition to having only pickup and take-out options for their customers.

For example, Petty noted that Papa John’s typically uses its in-house delivery fleet to deliver fresh pizza ingredients to its more than 5,300 stores, but as pizza demand rose, Papa John’s had to hire an additional 14,000 delivery drivers–and plans to hire 6,000 more this year.

The company also brought in 50 new Class A-licensed drivers to operate its more than 200 tractors, 300 trailers, and 15 box trucks. Papa John’s now has about 500 total drivers serving its locations.

New standards also arrived at shipping warehouses, where drivers started having to wait in mile-long lines for temperature checks and needing to fill out health surveys in their trucks as they waited to complete pickups. Still, private carriers continued making important deliveries as needed, and “their value was reaffirmed in an unprecedented moment of crisis,” said Petty.

“If you make a great product and you can’t get it to the customer, your brand is diminished,” he explained further. “Private fleets stood strong. The flexibility, reliability, and ability to control operations at the customer level [during the pandemic] has been eye-popping [and] impressive for so many of the fleets.”

A large national processed poultry company, Brakebush Bros., had to make major adjustments to its methods of operation when stay at home orders were implemented, said the company’s director of transportation and logistics, Mike Schwersenska.

“About 50% of our business went away in a two-week period” at the beginning of the pandemic, he said. “Fortunately, being in cheese country, over the years we’ve also become a carrier for many other [food] manufacturers, so we could switch capacity over to assist with their freight needs. We didn’t have to cut back and were able to keep everyone busy.”

Brakebush quickly had to adapt the roller coaster of demand as restaurants using its products switched to takeout and delivery-focused business practices.

“As a company, we had an all-time sales and volume record in June,” explained Schwersenska. “Our transportation group had record miles traveled and record pounds delivered. It was the craziest thing we’d ever seen. Our team did a tremendous job making sure our customers had product when and where they needed it. And, more importantly, they did it safely.” The company did not have any drivers using the temporary hours-of-service exemption put in place during this time.

Brakebush is also one of many businesses that have adopted new health-focused practices to keep workers safe, such as sanitizing trucks regularly–which includes all doors, handles, seats, dials, and brake line gladhands. All of the company’s shared spaces are sanitized daily and all offices are disinfected as much as possible. Additionally, all business transaction receipts are now sent through paperless options.

Luckily, Schwersenska says none of the company’s workforce has tested positive for the virus throughout its entire fleet of 75 trucks and 220 refrigerated trailers. He also said he’s sure the spikes in e-commerce will not end with the pandemic, but have made consumers much more reliant on online orders–so it will likely become a new reality.