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Truckers with Learner’s Permits Receive COVID-19 Waivers from FMCSA

May 22, 2020 by Levinson and Stefani Leave a Comment

Due to the current COVID-19 pandemic, standards have been relaxed by the Federal Motor Carrier Safety Administration in regards to commercial learner’s permit holders and how they obtain a commercial driver’s license.

The waiver, which will last until June 30th, will allow truckers with learner permits to operate during the coronavirus emergency without needing a commercially-licensed driver in the front seat of the cab–as long as that licensed driver is present in the truck.

With the waiver, the permit-holding driver must also have proof showing that he or she has passed the CDL driving skills test.

The three-month waiver aims to prevent a shortage of commercial truck drivers “from becoming a transportation emergency, and to continue the ability of intrastate and interstate CDL and CLP holders to transport goods in response to the COVID-19 emergency,” said the FMCSA in the waiver, released on March 28th.

“FMCSA has determined that it is in the public interest to issue a waiver, until June 30, 2020, limited in scope in circumstances, that is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver,” the agency explained.

Not only will the waiver not require a learner’s permit holder to have a licensed commercial driver in the front seat whenever the permit holder is driving on public roads or highways, but the state will not need to administer a driving skills test to any out-of-state commercial license applicant who has taken driver training in that state.

Still, permit-holding drivers must always have on hand their non-commercial driver’s license, their learner’s permit, and a medical certificate. Additionally, to make the commercial driver’s licensing process quicker, states can administer driving tests to any applicant, regardless of the state in which they received their training.

“A state driver licensing agency that elects to administer a CDL driving skills test to a non-domiciled CMV applicant under this waiver must transmit the test results electronically directly from the testing state to the licensing state in an efficient and secure manner,” said the waiver.

Still, some states with increased employee absences and office closures have DMVs that are unable to process and issue commercial driver’s licenses at this time.

“Given the national emergency, there is a public need for immediate transportation of essential supplies, equipment, and persons, which requires adequate and sustained supply of drivers eligible to operate a CMV,” said the FMCSA. “This waiver provides needed relief from specified FMCSRs for states and CLP holders.”

According to Don Lefeve, Commercial Vehicle Training Association President, the waiver is not an overall solution to any commercial driver shortage.

“[While the waiver is] a great first step,” he explained, “it doesn’t solve the problem of somebody who needs to get that commercial learner’s permit from the 22 states whose state driver licensing agencies are closed due to the virus.”

Lefeve also explained that CDL holders would still need to be in a sleeper berth, but not necessarily the jump seat, while a permit-holder is operating a truck. As of now, Lefeve believes those drivers-in-training won’t be able to easily move on to driving on their own.

“Typically, new drivers will be paired with a driver trainer for three to eight weeks. depending on the company and individual’s skill progression,” in a “finishing school,” a company providing additional training for drivers who have recently received their CDL, he said.

Lefeve continued: “I think the problem is that if the states’ DMVs remain closed, once that driver could move on to being a solo driver, they could only do so if they have an actual CDL, which, as of now, is near impossible in 22 states because of the DMVs being closed.”

The 22 states that have closed their DMVS also have driver training schools with much more limited operations. “So, it’s critical that governors understand that they need to keep the state driver license agencies open,” Lefeve said.

According to the FMCSA, the waiver does not apply to CMV operators with these endorsements: T (double/triple trailers), P (passenger), N (tank vehicle), H (hazardous materials), X (combination of tank vehicle and hazardous materials), and S (school bus).

“To put all this in perspective, each year–the statistics vary–anywhere from 200,000 to 480,000 CDL are issued,” said Lefeve. “To use conservative numbers, say, 25,000 a month aren’t going to be licensed to do anything in the response or recovery effort.”

Paccar Issues Two Truck Recalls Due to Underhood Fires, Blown Fuses

May 21, 2020 by Levinson and Stefani Leave a Comment

Paccar Inc. is issuing a recall of hundreds of thousands of trucks regarding potential fuses blowing out, leading to dashboards failing to illuminate

The recall notice, posted by the National Highway Traffic Safety Administration, covers 455,458 trucks that were manufactured between January 2007 and March 2018.

According to Paccar, if a blown fuse did take place, the dashboard illumination would fail and prevent anti-lock braking or the control of electronic stability. The fuse could also cause the possibility of a crash to increase if a driver happens to be unaware of the potential problem.

“This recall is an outgrowth of an investigation performed in connection with 18V-368,” said Paccar in its notice. “Further testing showed a larger population of vehicles was affected, and proposed remedies were not effective. A new testing matrix and bench test were developed in September 2018.”

Electronic stability control lights and anti-lock braking systems could fail to illuminate without battery power to the ABS controller. Therefore, those warning lights are not in alignment with Federal Motor Vehicle Safety Standards.

Ways to identify an affected chassis and develop methods of making repairs began as early as the end of 2018. Now, the recall includes trucks with NAMUX software in place which also have the 25% voltage threshold setting in the indicator lamp for the ABS/ESC malfunction.

Additionally, PACCAR had also recalled nearly 86,000 trucks from the 2015 to 2018 model years back in August of 2018, when those particular trucks had similar issues to current models. Those trucks will also need updated software, and the current recall notice includes issues with those models as well.

The solution, according to Paccar, is to update each cab control module’s NAMUX software, which will be done for free.

Paccar said it will begin notifying dealers of this recall starting June 4th, and will notify customers on June 5th.

This recall comes shortly after Paccar began recalling nearly 36,000 of its Peterbilt trucks due to a battery cable electrical short circuit–a malfunction that could potentially lead to underhood fires.

Only around 1% of the 365, 389, 567, and 579 vehicles from the six model years between 2015 and 2020 are suspected of having excessively long positive battery jumper terminal cables. With these lengths, the cables can easily change against the left front suspension spring.

According to Paccar, this chafing can allow the chassis ground to short circuit and create a vehicle underhood fire–which could potentially lead to a major crash.

“The recall population was determined by filtering build records by option code,” said Paccar in a safety report. “The recalled trucks are equipped with a left hand under hood jumper terminal.”

On January 17th, the company found a small underhood fire near the left-hand side rail mounted jump-start terminals. The fire damage was able to be localized to the battery cable area, and no injuries were reported.

After an investigation by engineers, Peterbilt decided to conduct this safety recall on February 27th.

Paccar said it will begin to notify owners and dealers on May 1st, and dealers will start inspecting battery jumper and terminal cables and will replace them, when needed, for free. The jump start terminal cables will be shorter than the originals, and an additional bracket will be added to support cables for certain option content.

On September 30th, a production change took place which began to allow improved jump start terminal cable routings with shorter cable lengths. After this change was implemented, the areas around the front suspension components had increased overall clearance.

Additionally, in the wake of COVID-19, Paccar announced it would be suspending trucking and engine production throughout its worldwide factories until at least April 6th, which was the first announcement from a truck manufacturer affecting the American heavy-duty market.

Paccar is currently the second-leading U.S. truck maker, according to retail sales data, and said its reasons for shutting down include customer demand changes and concerns for the overall global economy due to the coronavirus pandemic.

Amazon, UPS, and Fedex Face Challenges in Protecting Workers During Delivery Surge

May 17, 2020 by Levinson and Stefani Leave a Comment

As the COVID-19 pandemic continues, many delivery services are making sure employees and customers are as well-protected as possible.

In a statement, UPS said it is making efforts to enhance cleaning in all facilities, especially around shared equipment, and is encouraging its employees to practice social distancing and to follow guidelines around proper hygiene. The company said it is also providing sanitizing supplies to all drivers, refilling automatic hand sanitizing stations, and providing emergency paid leave to any employee affected by coronavirus. UPS also said its facilities keep 60 days worth of stock in soap, paper towels, toilet paper, and other hygiene products.

Additionally, the company is adjusting signature regulations so that a majority of deliveries will not require a signature. If a delivery does need one, UPS will not share a pen with the recipient and will maintain social distancing guidelines.

Currently, UPS is working with the International Brotherhood of Teamsters regarding paid-leave for unionized workers.

FedEx is also temporarily suspending most U.S. and Canada signature requirements for its FedEx Express and FedEx Ground deliveries. The company has also relaxed signature requirements for same-day service, at FedEx office stores, and for FedEx Freight operations.

“This change is meant to help protect our couriers, drivers, and customers by preventing exchange of the signature equipment and keeping them at a safe distance from each other [that is] consistent with social-distancing guidelines from the WHO,” said a Fedex spokeswoman in a statement.

Amazon is temporarily suspending shipments of nonessential items and is focusing on making household goods and medical supplies a priority throughout its facilities.

Customers can still order in-stock nonessential goods that are already in warehouses, and can choose the “unattended delivery” option during checkout when ordering from Prime Now, Amazon Fresh, and Whole Foods Market. With this option, their items will be dropped off at a specific location in order to maintain social distancing.

Amazon said it has also increased its sanitizing practices in all facilities, especially around door handles, stairway railings, lockers, touch screens, and elevator buttons. Any Amazon employee placed into quarantine or diagnosed with COVID-19 will be able to receive two weeks of pay.

Amazon has also been working to hire 100,000 additional full-and part-time employees throughout the country in order to keep up with increased demand. The company has said it will be boosting hourly pay for its workers by $2 through April.

As for UPS, the company said its paid-leave agreement applies to around 300,000 full-time and hourly employees–especially drivers, mechanics, and package handlers who are directly impacted by the virus.

UPS’ agreement with the Brotherhood of Teamsters will provide paid leave for any worker diagnosed with COVID-19 or who is placed under quarantine.

While on leave, full-time employees will receive payment for eight hours per workday for up to 10 workdays. For part-time workers, employees will receive payment for 3.5 hours per workday for up to 10 work days. Part-timers are also guaranteed at least 3.5 hours per day when they are called into work. Part-time UPS Freight workers will receive pay for four hours a day for up to 10 workdays, and UPS Cartage Service part-time employees will have local addenda guarantees applied. All workers will have health and pension plan contributions made in alignment with union requirements.. If a worker uses paid time off or self-quarantines and is later diagnosed with COVID-19, UPS will repopulate that accrued paid time off for up to 80 hours for full-time workers and 35 for part-time workers.

This agreement also maintains that any employee missing work due to the virus will not have any days missed counted as an attendance infraction.

UPS has also worked with the federal government to provide logistical support and transportation for the COVID-19 drive-through testing sites throughout the United States. Union members’ roles will only be associated with the delivery and pick up of supplies and test kits.

Regarding the safety of handling packages, the U.S. the Center for Disease Control and Prevention and the World Health Organization have both stated that the risk of contracting COVID-19 from packages or mail is low. Coronaviruses typically spread through respiratory droplets, according to the CDC.

“In general, because of poor survivability of these coronaviruses on surfaces, there is likely very low risk of spread from products or packages that are shipped over a period of days or weeks at ambient temperatures,” the CDC explained.

Levinson & Stefani Continues to Serve its Clients During Covid-19

May 14, 2020 by Levinson and Stefani Leave a Comment

As Covid-19 has ravaged and shut down communities across the United States, we have all been forced to change our lifestyle for the greater good. For many of us who reside in Illinois, “going out” now only refers to essential trips to the grocery store. More pressing has been the shocking realization that so many of the restaurants and businesses that we frequent each day are now being forced to close temporarily, or worse; for good. While this situation continues to progress, we have made certain that our Firm does as well, becoming more flexible in our capacity to provide the service our clients expect on a daily basis. In a sense, everything has changed, but for us, nothing has really changed at all.

In light of Governor Pritzker’s Stay-At-Home Order that went into effect on March 21st, legal services were rendered “Essential Business” thereby allowing us to continue to meet the necessary obligations of our clients. To take extra precaution for our own employees during this health scare, all members of our staff are now working remotely, but rest assured that our distance away from our office has not affected our ability to provide our clients with the service they have come to expect.

At this moment in time our remote “office” still maintains the ability to complete all tasks we were able to do previously. Our staff has the ability to sign critical paperwork and documents, access case files for each of our clients, and communicate with all parties involved in the litigation process. If anything, working remotely has expanded our capabilities as we now have access to all of our regular services on a 24/7 basis, which means that our clients can and should have the expectation that we may be reached any day of the week to assist with any issues that arise. At a time like this, our Firm understands that due to the uncertainty in the economy and the effect restaurants and businesses throughout the City, many clients will likely have questions regarding their case and any financial issues that may arise. With that being said, we are here to answer these questions and assist our clients as best we can. From handling issues with medical bills and liens, to contacting insurance companies on your behalf, our team is here for you.

Take note, that while we continue to work each day to best serve our clients, Cook County Court system still remains in-flux. As of March 30th, it was announced that the Cook County Circuit Court would be suspending nearly all civil cases, except for emergency hearings, until the end of May. Marking this as a truly unprecedented time, the Court also signaled that it would be adopting videoconferencing as a way to conduct hearings for those cases deemed necessary or for emergencies.

All of this goes to say that while we will all have to adjust to these new changes for some time, our Firm is well prepared to modify our work schedule and regimen accordingly. We will be there for our clients during this time.  

Tire Makers Experience Unprecedented Shutdown

May 13, 2020 by Levinson and Stefani Leave a Comment

Tire manufacturing leaders throughout the commercial vehicle market in North America have been halting production as the COVID-19 crisis brings a decline in overall demand.

These companies saw shutdowns begin in late March, which are currently expected to last through April.

“Because of the complexity involved, we are not sharing detailed information on how each individual plant will be affected,” said a Michelin company spokesman. “Michelin North America has never been involved in a widespread shutdown like this in the past.”

Michelin has announced shutdowns at particular facilities, while Bridgestone Americas Inc, Cooper Tire & Rubber Co., and Goodyear Tire & Rubber Co. announced temporary shutdowns at all plants.

After 2019 saw the tire industry facing a steep decline in original equipment demand, the North American truck cycle ended up in a retreat. 

This pandemic is clearly making matters much worse.

When Goodyear originally took steps to close its manufacturing facilities in Europe, it decided to phase out North and South American facility production the following day–affecting an additional 13 tire plants throughout the two continents and roughly 17,000 workers.

“During this unprecedented and extremely fluid situation, Goodyear’s top priorities are the health and wellbeing of our associates and service to our customers,” Goodyear said in a statement. “We are closely monitoring both inventory levels and supply of raw materials and have optimized our warehouse and distribution operations to continue delivery of Goodyear products. All associates who are able to perform their roles remotely have been encouraged to work from home.”

Still, the company remains optimistic about future earnings.

“As we enter the new decade, it’s clear that the inflection point in new mobility is here” said Richard Kramer, Goodyear Chairman and CEO. “Tire technology is rapidly advancing to meet the needs of electric vehicles including range, ride and handling, and durability improvements. Intelligent tires will be integrated in autonomous driving systems.”

However, Michelin reported worrisome mid-February data. Original equipment truck and bus tires throughout the continent had fallen by 21%, and replacement demand by 6%.

In regards to COVID-19 restrictions, Michelin said its affected production does not include critical tires for the sake of economic continuity. Customers will continue to receive support through existing inventories in the company’s distribution and logistics activities.

“While we are facing some supply chain disruption, our components, semi-finishes, and products are still able to circulate,” said Michelin in a statement. “As the situation changes, we will make adjustments to our production accordingly. It is still too early to assess any possible impact this situation could have on our industry long-term.”

Cooper Tire & Rubber Co., along with other tire manufacturers, has implemented techniques to further protect employees and customers, including travel restrictions, social distancing rules, remote working, frequent deep cleaning and disinfecting of facilities, and stricter visitor limitations.

Although Cooper’s plants in China have reopened, its European and North American plants have been closing as the coronavirus situation is monitored and adjusted to.

Hankook Tire is currently working to buy back shares in order to boost shareholder value, and plans to purchase around KRW 50 billion of shares over the next six months.

This announcement comes after the company stated it would shut down its Clarksville, Tennessee manufacturing hub, and that its plants in Asia were working to support its facilities throughout the United States. If needed, those overseas plans can provide production assistance, help supply raw materials, and assist with other shipments.

Hankook said in a statement that it is still too soon to tell how much impact coronavirus will have on its business, but for now, all employees and company partners have postponed unnecessary travel, and those who have traveled for personal reasons have been asked to self-quarantine. 

“Currently there is a lot of unknown, and it depends on what happens as events unfold in the United States over the next three to four weeks,” said a spokesperson in the statement. “We are already seeing automotive manufacturing plants shutting down worldwide, so we would expect a fall-off in OE demand. It’s a difficult time for everyone right now and we hope that the economic conditions will begin to recover in the second half of 2020.”

The company said it is currently working on methods of enhancing e-commerce and is finding strategies to secure profitability during a decline in the prices of raw materials.

Additionally, a $2 trillion stimulus package has been passed by congress that will include $367 billion for small business, and the Tire Industry Association is one group looking for this aid for its members.

“TIA represents small businesses that cannot switch their core functions to remote operation during this disaster,” said Roy Littlefield IV, Director of Government Relations for TIA. “Tire dealers are staying open under these conditions to especially service trucks, emergency vehicles, and vehicles of medical personnel. Tires and tire dealers are essential to keeping the flow of supplies to stores and hospitals.”

Keeping Truckers Safe and Healthy is Now More Important Than Ever

May 12, 2020 by Levinson and Stefani Leave a Comment

As America’s truck drivers are working through one of the busiest times in their industry, many truckers are becoming fearful of an inability to get home easily if they are exposed to the coronavirus.

With almost two million long-haul truckers in the nation’s trucking industry, many of these drivers are part of a population likely to have diabetes, obesity, and a lack of health insurance. These complications make them particularly vulnerable to effects and complications from COVID-19.

“There are many concerns being 3,000 miles from home.” said Todd Hogan, a driver for a food trucking company. “What happens if I get sick from COVID-19? Will I ever see my family again?”

Still, our truckers must continue on, as without them, our hospitals, gas stations, and grocery stores would not be stocked. Truckers are a vital aspect of “final mile deliveries,” and, if truckers stopped working, it is currently estimated that grocery stores would be empty within a couple of days.

“We’ve worked really hard on this for the last several weeks,” said Ryder Supply Chain Solutions vice president of dedicated transportation solutions, Tom Regan. “With our procurement team, we thankfully got ahead of this on a supply front. That has been critical for us to keep all of our associates safe.”

Right now, Ryder has at least two months’ worth of critical supplies on hand, and Regan says that stockpile has been made possible due to the company being part of a supply chain. All employees share the responsibility of keeping surfaces and materials cleaned, along with a third-party cleaning service that comes regularly.

“We established metrics in terms of how much we think our drivers need,” said Regan. “Every driver gets a 16-ounce bottle of hand sanitizer every week. Until they say ‘stop,’ we’re sending it out to them. [We do the] same thing with gloves, disinfectant spray, [and] two rolls of paper towels weekly. We don’t want any driver to say they don’t have what they need to remain safe in this environment.”

For Werner Enterprises, CEO Derek Leathers said the company is implementing various methods to keep drivers healthy.

“The first line of defense is continuously trying to distribute and make available to our drivers sanitization supplies, predominantly in the form of hand sanitizer and, where available, wipes and disinfectant sprays,” said Leathers.

According to Regan, Ryder Supply Chain also has an online portal and a toll-free phone number drivers can utilize to order additional supplies. The company also uses twice-daily conference calls to get supply updates from staff.

“‘Captain of the ship’ is a term we use at Ryder,” said Regan. “That [term] basically says that if you feel something you are being asked to do is unsafe, don’t do it.”

Both Ryder and Werner are giving drivers time off when requested–especially drivers with pre-existing conditions.

“We’re letting every driver know that if they have any indication of feeling under the weather, that they are to stop what they are doing and let us know, and let us assist them with getting connected with the proper authorities,” said Leathers.

Werner is also working on implementing further education and awareness through videos and written information regarding the virus and proper practices to avoid it.

“We set up a COVID-19 hotline and email address for our drivers to be able to communicate directly any concerns or support they need,” said Leathers. “We have a telehealth line set up so they can access medical advice more readily without driving all over the place looking for a clinic or any kind of facility.”

On the other hand, though, some drivers are worried about their companies’ lack of protocol on what drivers should do if they contract the virus while on the job.

When one driver for Marten Transport, a large company that moves freight for third-party customers, began coughing and feeling feverish, the driver (who desired to remain anonymous) sent an email to the company. Marten refused to pay the driver for the time it would have taken to return the truck to the yard where the driver had left his or her car. A human resource representative at Marten told the driver to quarantine inside the truck.

“If a driver is sick, many are just taking a few days in their [trucks] to assess their health and then return to work again, because it isn’t COVID-19 they are experiencing, but flu, colds, allergies, etc.” said the HR representative in an email response to the trucker.

Other large trucking industry companies in the for-hire segment have not commented on their sick-leave policies, including Schneider National, J.B. Hunt, and Old Dominion Freight Line. 

TFI International out of Montreal said it will make “additional financial assistance measures” available for its employees, and Landstar System said it would provide $1,000 for up to two weeks for its drivers testing positive for COVID-19.

Trucking industry powerhouses UPS, FedEx, and XPO Logistics have efficiently amended their sick-leave policies in regards to the pandemic. UPS and XPO will give 10 days of additional sick leave, and FedEx will give 14, for employees diagnosed or living with someone diagnosed with the virus.

“Typically, our focus on truck safety is geared toward hours-of-service and on-the-road driving issues,” commented Jay Stefani. “And while that certainly doesn’t go away — even in this time of crisis — it’s great to see motor carriers taking steps to protect their truck drivers’ health so they can continue to safely keep essential products in stores.”

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