Remote Compliance Reviews Expanded During Pandemic

August 6, 2020 by Levinson and Stefani Leave a Comment

The usage of remote motor carrier safety compliance reviews during the coronavirus pandemic will be expanded, announced the Federal Motor Carrier Safety Administration recently.

According to the new guidance, the FMCSA will conduct compliance reviews “by leveraging all available technology” to access information during this national health crisis, “and thus limit exposure risk for the regulated community and safety investigators.”

“Using the same standards otherwise applicable, the FMCSA will assign safety ratings following a compliance review, even if no on-site review activities have taken place,” the agency continued.

FMCSA said this new expansion is an effort to bring further clarity to motor carriers at this time, and will remain in effect until the revocation of the COVID-19 national emergency.

“Because of travel restrictions, social distancing, and other advisories associated with the COVID-19 public health emergency, and the desire to limit exposure risk to the regulated community and safety investigators, FMCSA will conduct compliance review of motor carriers and assign safety ratings,” the agency explained.

FMCSA said it has a legal obligation to determine whether or not an owner or an operator of a commercial motor vehicle can drive safely, and will assign safety ratings to fleets after extensive operation and record examinations.

“FMCSA carries out this statutory duty by assigning safety ratings to motor carriers following in-depth examination of the motor carrier’s records and operations using the Safety Fitness Rating Methodology,” said the FMCSA. “Since adoption of the SFRM in 1997, the mechanisms and tools FMCSA uses to access information from motor carriers has continued to evolve, making compliance reviews more efficient, and lessening the burden of the regulated community.”

The agency can now make these determinations remotely with the array of new technology available instead of by conducting examinations in person, as was done previously. Electronic record-keeping allows the FMCSA to perform the exact investigative functions that it would have been doing only by in-person reviews.

Carriers can transmit information directly to the FMCSA through an online portal, where they can securely upload necessary documents. Motor carriers often maintain their records via electronic services and may prefer to directly submit records from the application in which they are stored. Carriers can also fax or email documents to FMCSA. The agency may also substitute in-person interaction with email and telephone or video calls for a compliance review, to later review findings with company officials.

In an off-site review, an auditor requests documents from the carrier and assesses a carrier’s overall safety management methods and safety performance in order to conduct a remote examination.

Until recently, when a carrier scores highly in one or two Behavior Analysis categories (such as Compliance, safety, or Accountability), the carrier has been eligible for an off-site audit. In 2018, however, the FMCSA said the updated process would not allow serious carrier problems in basic maintenance violation cases, and would instead be focusing on less-serious issues.

Carriers with known safety issues, as well as new-entrant carriers transporting passengers or hazardous materials, have not been able to qualify for off-site testing.

After a review, a carrier receives a rating of either “satisfactory” or “unsatisfactory.” With an unsatisfactory safety rating, the FMCSA has determined that a carrier cannot continue operating in interstate commerce. Prohibitions will be imposed to an unfit carrier after 45 to 60 days if the needed safety improvements are not implemented.

According to Dave Osiecki, president of Scopelitis Transportation Consulting, off-site compliance audits have been mainstream for a while now. The number of off-site audits increased by over 400% from 2018 to 2019, and are set to more than double through 2020.

Off-site compliance reviews were conducted in only 10 states between 2010 and 2018; in 2019, off-site audits took place in 48 states. Now, FMCSA investigators conduct off-site reviews in all 50 states.

These off-site audits typically don’t result in carrier safety ratings, but can result in fines and penalties for some violations. If acute violations are found, though, these audits can become comprehensive investigations, which could bring a necessary safety rating assignment.

FMCSA will assign safety ratings after a compliance review during the time of COVID-19, the agency said, even if there have not been any on-site review activities.

New Online Safety Training Released for Fleets

August 6, 2020 by Levinson and Stefani Leave a Comment

ClearDrive online training programs will now be available for commercial drivers, Instructional Technologies Inc. announced.

Instructional Technologies provides an array of training solutions across the transportation industry, and said its ClearDrive programs will be accessible for delivery van, work truck, and commercial sedan drivers. The defensive driving courses available on the system are meant to aid in safety improvements for delivery, mobile sales, vocational, and service fleet operations.

There are many courses which cover the safety issues drivers will most often have to face along urban and residential routes. These challenges include: common distractions, planning, fatigue, hazards, stops, space management, parking, speed control, loading, unloading, and customer interaction and communication, said ITI.

“Whether driving is the job, or driving gets your employees to the job, good defensive driving habits are essential for preventing crashes and injuries, and limiting a company’s liability,” said CEO and founder of ITI, Jim Voorhees. “According to the 2019 Travelers Risk Index, one in four businesses have had an employee get in a distraction-related crash while driving for work. ClearDrive can cost-effectively deliver the training your mobile workforce needs to reduce that risk and improve safety for your employees and other motorists.”

All courses utilize ITI’s unique advanced learning management system, which is backed by the company’s quarter of a century in training truckers. The program is based on master-level learning principles that require drivers to score 100% at each step of the course before moving on to the next section.

“With the increase in deliveries to homes and businesses during the coronavirus shutdown, risk mitigation is even more important for delivery and light-duty vehicle fleets,” Vorhees explained.

ClearDrive, while focusing on hazards that are often associated with driving operations in which drivers move in and out of vehicles frequently, also offers short and simple courses. ITI says its programs use easy-to-understand presentation methods that are logical and progressive, along with fast-moving narration, so that drivers can learn about important safety techniques quickly and efficiently.

Instructional Technologies, Inc. also has course add-ons that aim to help drivers prevent injuries on the job, with programs like OSHA and warehouse courses. Additionally, companies can implement methods offered by ClearDrive to create custom-made courses tailored to a specific company’s standards and needs. A transportation company can work with ITI’s production team to make a unique course program just for its employees.

Voorhees explained that these courses are especially important to fit into a company’s new business practices with all the changes brought on by COVID-19. “A ClearDrive professional defensive driving course is the first step toward keeping drivers on the front lines, and others, safe.”

A particular innovative system offered by ClearDrive uses ITI’s Sentix Pro, a learning management system with seat-based pricing. ITI says Sentix can simplify the on-boarding process for new and beginning drivers as well as manage training outlines, and that it gives automatic assignment tools for training based on telematics and hiring dates.

Users can track progress and course competitions in Sentix, as well as schedule courses for any specific group in ongoing training. The learning management system implements HR systems into its programs.

ITI is currently offering free training regarding operating during this time of pandemic. The course is called “COVID 19: What Delivery Drivers Need to Know,” and helps delivery drivers better understand the effects that the coronavirus will have on their work and on the industry as a whole, as well as how it can affect their safety on the job. The course trains these drivers by using step-by-step directions on how best to keep themselves and others safe while they continue delivering essential goods in the wake of the virus.

“[While] hauling critical supplies across North America every day, professional truck drivers are on the front lines of the global COVID-19 pandemic,” said Voorhees. “This information will help stem the spread of the virus and keep drivers safe during this critical time.”

The online course also offers up-to-date information straight from the Centers for Disease Control and Prevention regarding coronavirus systems, how the disease is spread, and what to do if you get sick. Some of the driver-specific topics it covers include: how and when to clean or avoid frequently-touched areas both inside and outside the vehicle, what important regulatory changes are in place at this time (such as Hours-of-Service rule changes and CDL expiration guidelines), operational concerns (such as shipper closures), ways to avoid distracted driving, how to manage stress in a difficult situation, and lifestyle changes (like reducing person-to-person contact in break rooms, driver lounges, and at vending machines).

Ken Levinson to Speak at Trucking-Focused Boardwalk Seminar

August 3, 2020 by Levinson and Stefani Leave a Comment

Levinson and Stefani’s very own Ken Levinson will be speaking at the New Jersey Association for Justice’s annual Boardwalk Seminar on August 6th.

The seminar, which will take place virtually this year, will feature 29 different programs over the course of three days. All programs are sectioned off into 90-minute webinars, which will allow viewers to choose which webinars to attend based on their individual interests.

The Boardwalk program hosts many top trial lawyers from across the country as guest speakers, in addition to over 1,000 attendees from all over the East Coast. Attendees often return year after year because of how well-known the program is in regards to bringing in such great educational resources for lawyers.

“They set the standard very high with their talented staff and top trial lawyer volunteers,” Levinson said.

Levinson’s address, which will take place during the trucking-centered portion of the seminar, is called “Direct of Trucking Plaintiff Expert,” and will focus on the topic of the importance of expert witnesses at trial. When presenting an expert witness during a trucking case, “witnesses help a jury understand some of the complexities of these cases,” Levinson said, “like reconstructing a multi-vehicle truck crash, or how a professional truck driver should operate an 80,000 pound truck in specific circumstances.”

Other segments of the seminar include presentations such as “Commercial Driver’s License Manual and Industry Customs: How to Use Them” by Joseph A. Fried, “Unique Approaches to Deposing the Truck Driver” by Eric Fong, and “Investigative Tools for Trucking Cases” by Jordan M. Jones.

“The key to successful trial lawyer programs is that the best and most successful attorneys in the country provide real-life and practical guidance for lawyers to best help their clients,” said Levinson, saying this guidance should include “things attendees can use in their law practice and in their cases right away, like trial tactics–the best ways to prepare and present their cases at trial.”

Levinson’s presentation begins at 3:00 pm, and he said he loves speaking at events like this seminar “because the audience is engaged and interested, and I always learn from other speakers and attendees.” He also explained that he finds it especially beneficial to see how his fellow truck crash attorneys handle the complex issues that arise during challenging cases.

‘Trucking 2020: From Intake to Trial’ will take place online Thursday, August 6th from 9:00 AM to 4:30 PM, and has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 10.80 hours of CLE credit toward certification in civil trial law.

For event registration, please click here.

FMCSA Offers Flexibility to Truckers in Final HOS Rule

July 27, 2020 by Levinson and Stefani Leave a Comment

The final rules for hours-of-service regulations, which have been in the works for months, have finally been published by The Federal Motor Carrier Safety Administration. This effort, the agency says, is meant to bring further flexibility for truckers across the country.

The final regulation, effective 120 days after its publication date in the Federal Register, was announced recently by Transportation Secretary Elaine Chao, along with FMCSA Acting Administrator Jim Mullen. The rule has four new revisions regarding the most-voiced concerns truckers have brought to light–including the time split in sleeper berths, for instance, as well as the mandatory 30-minute rest break.

According to Mullen, the revisions came from taking into account 8,000 public comments received by the agency. These changes were made to bring “needed flexibility in the lives of America’s truckers,” he explained.

Now, the final HOS rule will allow for more flexibility in regards to mandatory rest breaks of 30 minutes by instead requiring one break after eight hours of driving. The break can include a driver using an “on-duty, not driving” status as opposed to just an “off-duty” status.

Sleeper berth exceptions have also been implemented, as drivers can now divide the required 10 hours of off-duty time into two split periods–either an 8-hour/2-hour split or a 7-hour/3-hour split. These periods will not count against a driver’s 14-hour total driving window.

“Each of these changes were based on the feedback we received from the thousands of public comments we received during the rulemaking, and through the listening sessions we held around the country,” Mullen said. “It is also important to note that this new rule will not increase driving time and will continue to prevent [commercial motor vehicle] operators from driving more than eight consecutive hours without at least a 30-minute change-in-duty status.”

Still, the HOS rule also changes the exception for adverse driving conditions, as the maximum window for driving during inclement weather has been extended by two hours.

Exceptions for short-haul routes have also been made available to drivers–their maximum on-duty period has been extended from 12 to 14 total hours. The distance limit in which a driver can operate has also been extended from 100 air miles to 150 air miles.

“This new final rule will improve safety for all motorists and increase flexibility for America’s truckers,” said Chao. “Each of these areas of reform are designed to provide much-needed flexibility to drivers while maintaining safety on the roads. This has been a deliberate and careful process.”

American Trucking Associations submitted comments to the FMCSA regarding these changes, and ATA’s vice president of safety policy, Dan Horvath, said that the association supported the majority of proposed regulation changes when they were first announced. However, he also said the ATA was not necessarily on board with short-haul air mile radius changes, saying more carriers may not need to implement electronic logging device usage as a result. ATA has been in full support of ELD usage since they first became available.

“Overall, we’re happy to see the final rule released,” said Horvath. “It’s not everything that we had supported in the past, but it’s certainly a good step in the right direction. We’ll continue to work with the agency on making sure that whatever hours-of-service regulations remain in place are offering drivers flexibility and backed by safety.”

Mullen also pointed out truckers’ important roles throughout the coronavirus pandemic, and said this new rule will boost regulatory efficiency for the industry during this time.

“In the past few months, we have seen the heroic actions that truckers have done to keep up our supply chain, keep it open, and ensure that American families, businesses, and hospitals are able to make the deliveries and receive the products that we all need,” Mullen said. “Their efforts have been inspirational and should make all Americans proud.”

“Each of these areas of reform are designed to add flexibility and regulatory savings for the motor carrier industry, which is critical for our nation’s economic recovery,” Chao added.

Although many in the industry point to safety when referencing these new regulations, it does seem that the savings, as mentioned by Chao, are at the forefront of the reform’s reasoning. Many in opposition to the hours-of-service changes have pointed out that driver fatigue is an increasing, and often deadly, problem in the trucking industry, and that allowing truckers more flexibility in choosing break and resting time lengths as well as the ability to drive for longer periods of time will increase the amount of trucker fatigue–and accidents–on the roads.

Also missing from the final rule is a provision that would pause a trucker’s driving window. This proposed change, which was included in the August proposal, would have called for an off-duty break of at least 30 minutes, but not more than three hours. This would have paused a trucker’s 14-hour diving period (as long as the driver takes 10 consecutive off-duty hours after his or her shift).

$25 Million Directed to Infrastructure Speed Grants in Illinois

July 26, 2020 by Levinson and Stefani Leave a Comment

$25 million in grant funding is set to help expedited infrastructure project work, according to Illinois Governor Jay “J.B” Pritzker and the Illinois Department of Commerce and Economic Opportunity.

These Rebuild Illinois funds will accelerate public infrastructure projects across Illinois that can begin as early as this summer–projects which would have faced extreme delays due to many local governments recently losing much-needed revenues. These losses are one effect of a heavy decrease in vehicle travel due to shelter-in-place orders in the wake of the coronavirus. The heaviest hit comes from toll fees and fuel taxes, and overall state transportation revenue is planned to decrease by about $50 billion throughout the next year and a half, according to The American Association of State Highway and Transportation Officials.

“This will keep key public infrastructure projects in the pipeline and will support the return of skilled labor to job sites for the busy summer season,” said Pritzker in his announcement last month. “Starting today, local governments with shovel-ready projects, including school districts, townships, and other entities, can apply for this funding.”

Those eligible for grants include local governments and public entities with important public infrastructure projects in the works that could begin within 90 days of receiving their funds. Projects eligible for funding must also be public assets, not have recurring expenses, and must be permanent. They must also meet “shovel-ready” guidelines and the Illinois’ Business Enterprise Program minority business participation requirements.

“This program is about putting people back on the job now,” said Tim Drea, President of Illinois AFL-CIO. “We applaud Governor Pritzker for being proactive and innovative. The return of every dollar spent on public works is another brick in rebuilding our economy, both in terms of jobs created and economic development created by improved infrastructure.”

Fast-Track grant source funding comes directly from Rebuild Illinois, which is a $45 billion plan passed to offer Illinois’ first comprehensive capital plan in over 10 years. DCEO is also spearheading multiple programs under Rebuild Illinois, such as funding new public works projects, investing in broadband capacity expansion, incentivizing business development, and other efforts that will work to promote economic growth throughout the state.

The grant program is one of multiple economic growth efforts implemented by DCEO to help promote economic health after the challenges of COVID-19, and is initiating relief programs that will allow over $100 million to become available to areas throughout Illinois. Some of these relief programs include: the Downstate Small Business Stabilization Program, the Emergency Small Business Loan Fund, Emergency Hospitality Grants, and other efforts that will serve communities and businesses in need.

“We recognize the unique challenge and burdens that COVID-19 is placing on us all, and we are taking steps to provide relief to businesses and communities,” said director of the Department of Commerce and Economic Opportunity, Erin Guthrie. “Through the Fast-Track Public Infrastructure Grants program, the administration will provide a much-needed boost for works across the state as well as the critical infrastructure projects our state depends on.”

Fast-Track front-loads part of a Notice of Funding that will push forward available funds between $500,000 and $5 million. These grants will be dispersed on a rolling basis, and will be prioritized to areas that are most in need.

The main goal of these grants is to restore significant public works projects that may have been paused or cancelled due to COVID-19. These funds will be used toward projects like water and sewer system expansion, school modernization reinvestments, and bringing necessary updates to other public buildings. They will also help laborers return to work in time for the upcoming construction season.

Communities that may need more time or that do not currently have projects meeting the shovel-ready criteria can submit an application to receive a grant for remaining funds by the end of June. DCEO is also conducting a series of webinars with local governments to give more information on these new Fast-Track Grants. You can find a list of upcoming outreach efforts, as well as more small business resources, here.

Rural Transportation Faces Deficit Due to Pandemic

July 25, 2020 by Levinson and Stefani Leave a Comment

Due to the hit state revenue sources are facing from the COVID-19 pandemic, rural transportation is likely to have an overall funding deficit, according to The Road Information Program’s recent report.

The report, titled “Rural Connections: Challenges and Opportunities in America’s Heartland,” was released last month by TRIP, a nonprofit that focuses on transportation issue research and advocates for safety-centric policies for road travel.

The report explains a current $211 billion funding backlog for the country for necessary rural transportation system improvements and repairs.

Because road travel has declined so steeply in the wake of mandated shelter-in-place orders, state transportation sources of revenue have dwindled–namely tolls and fuel taxes. TRIP tweeted that transportation revenues were estimated to decrease by 30% ($50 billion) over the next 18 months because of low vehicle travel numbers.

According to TRIP’s executive director, Dave Kearby, the country’s fiscal wellbeing lies in the hands of rural transportation. “The health of the nation’s economy and the safety and quality of life in America’s small communities and rural areas ride on our rural transportation system” said Kearby. “The nation’s rural roads and bridges already faced a significant funding shortfall, and that will only be exacerbated by the looming reduction in state transportation revenues as a result of decreased vehicle travel due to the COVID-19 pandemic.”

In addition to state budgets becoming depleted, sales taxes have also fallen as stay-at-home ordinances continue, and income tax revenue will not be expected until summer or fall due to the federal government’s extension of the income tax deadline. States have also had to reduce services, raise taxes, and furlough workers.

These struggles are particularly challenging for rural regions. Rural areas were largely excluded from policy debates regarding all three federal relief packages, besides some funding discussions on rural health care. When the CARES Act allocated $150 billion to the states and $30 billion to localities, many localities had to go without the aid they needed. Of that $30 billion, funds are only dispersed to cities with populations of 500,000 people or more. Because of this, rural communities have been at an overall disadvantage in resource access, and have been ignored when applying for emergency funding.

The TRIP report, after analyzing infrastructure data from each state, showed that roads and bridges in rural areas continue to have many deficiencies. As of 2018, 13% of major rural roads received a classification of being in poor condition, 21% were rated as being mediocre, and another 16% were classified as just “fair.”

The following year, the report saw 8% of bridges rated as either poor or structurally deficient in rural communities, with bridges having to indicate weight restrictions or limited access for large vehicles, including emergency service vehicles, school buses, agriculture equipment, and commercial trucks. An additional 47% of rural bridges were classified as being in fair condition, which meant that they had developed minor deterioration on the substructure, superstructure, or deck.

In addition, traffic crashes and crash fatalities were reported to be disproportionately high on rural roads, with a rate of more than twice that of other roadways. Non-interstate rural roads had an overall traffic fatality rate of two deaths per 100 million vehicles miles traveled in 2018–the same rating was .88 deaths for every 100 million vehicle miles traveled on all other roads.

Rural routes made up only 22% of all vehicle miles traveled that year, although crashes on these roads contributed to 40% of America’s traffic fatalities.

According to the report, these accidents may be caused by narrow lanes and shoulders, sharp turns, and other difficult driving conditions that often occur on rural roads. Still, farmers, energy producers, and manufacturers rely on rural transportation networks for entrance and exit points within the supply chain.

“Unfortunately, due primarily to a lack of investment over several decades, America’s infrastructure is in a dire state of rapid deterioration, and recent events show even more the importance of guaranteeing [that] food arrives where it needs to be,” said American Farm Bureau Federation president, Zippy Duvall.

These routes offer staggering challenges, then, with 66 cities having no direct–or safe–access to the Interstate Highway System.

“You cannot stock grocery stores, resupply medical facilities, and rebuild our economy on the backs of broken roads and aging bridges,” said Stephen Sandherr, Associated General Contractors of America CEO.

Because of this, America’s annual $28 billion investment by all government levels in rural road and bridge projects should be boosted by another 28%, according to TRIP. TRIP also advocates for property federal surface transportation program funding, as the Fixing America’s Surface Transportation Act expires this fall.