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E-Scooters Returning to Chicago

March 29, 2020 by Levinson and Stefani Leave a Comment

After a widely covered 4-month test run of Chicago’s pilot scooter program, the city has officially announced that the controversial and efficient scooters will be returning at some point in 2020. The second pilot, which has yet to be given a start date, will certainly bring about more polarizing opinions regarding whether this new transit method should stay for good or officially be banned by the city. As we have written in the past, the lack of regulations for these scooters render those who use them incredibly vulnerable. Coupled with the fact that most often these scooters are being used in bicycle lanes, this not only places the riders at risk, but it places bicyclists in harm’s way as these scooters can ride up to 15mph in the city.

After the initial 2019 pilot program ended in October of 2019, the Transportation and Business Affairs and Consumer Protection departments of the City released a report establishing that during the length of the pilot program there were 821,615 trips logged on the scooters. Of that large number of rides, 192 injuries requiring trips to the hospital were reported. After seeing this disparity, you may believe that the numbers are far too low for people to be skeptical of adopting scooters in the city. Afterall, over 821,000 rides is significant for a 4-month pilot program. However, those numbers must not deceive us. By the city adopting another method of transportation and allowing for it to take place without any strict rules or regulations, it places Chicago residents at a severe disadvantage and adds another dimension to what is already a fragile infrastructure that is growing denser. Included in the report released by the City was a survey that found that the most significant negative feedback centered around both safety and parking, and for good reason. True, these scooters offer an efficient and individual commuting experience that many who aren’t willing to ride a bike to work or school can easily get on board with. But at what cost? Why risk putting yourself in danger when the city has yet to establish any real safeguards?

This argument does not serve the function of holding that the scooters should be completely banned. Chicago faces a real issue when it comes to traffic congestion and as we all know, traffic congestion raises the cost of maintenance on vehicles, but also increases the likelihood for situations that have dangerous ramifications. With that being said, scooters have proven, through the 2019 pilot run, that they serve a purpose. There is no denying that over 800,000 rides were logged in a 4-month period. As impressive as that number is, it simply cannot take away from the fact that nearly 200 riders were injured in those 4 months. There’s a reason cities are beginning to heavily regulate scooter use and many have issued temporary bans. Why regulate all other forms of transportation in Chicago and fail to adequately establish appropriate standards of care for scooters? The fact that they are relatively new should not be an excuse.

Turning towards the future, Curbed Chicago was able to obtain a statement from Stefan Shaffer, City Strategist for the Natural Resources Defense Council (NRDC), in which he stated “as Chicago wrestles with its response to traffic congestion, air pollution and climate change, the e-scooter pilot gave people a popular and low-cost option to ditch their cars, which should continue.” Further, Mr. Shaffer also went into detail in an article published by the NRDC in which the e-scooter program was again touted for the safety precautions the city took. “Before the program began in June, the City met with various community leaders, disability rights advocates, transportation groups and other stakeholders to ensure the scooter pilot would enhance mobility for residents. The City’s extensive regulations and preparedness for issues with the scooters ultimately contributed to the low number of incident reports and injuries over the 800,000 rides taken during the pilot.” For what it’s worth, Mr. Shaffer is not wrong, in fact it has been good to see that the scooters were implemented into the city and so many rides were taken. However, one cannot help but argue that when it came to city regulations and enforcement, the pilot program had plenty of areas to be addressed. Before we go “all-in” and hold that scooters deserve the same amount of space in public transit as bicycles, properly enforcing the abundant number of scooters left in the middle of sidewalks, riders taking scooters outside the appropriate zones, and use of scooters in streets, should be an absolute priority.

As a City, we should want a diverse experience for all residents and that includes transportation options that are affordable and convenient. However, even in instances where the City is “testing” whether to adopt certain approaches to alleviate traffic congestion, rider and pedestrian safety should remain the first priority and not be sidestepped because a new form of transit proved to be efficient. In fact, one should truly begin to ask questions about what happens when these scooters are present throughout the long winter months. No matter what, safety should remain at the forefront of the discussion.

Omnitracs Conference Focuses on ELDs and HOS Changes

March 28, 2020 by Levinson and Stefani Leave a Comment

U.S. regulators are hyper-focused on hours-of-service adjustments and the trucking industry’s compliance with the electronic logging devices designed to monitor them–as is the industry itself.

At tech supplier Omnitracs’ Outlook 2020 conference on February 17th in Las Vegas, ELDs and HOS rules took center stage. Industry officials talked extensively about how regulators are finalizing the proposal of driver HOS flexibility, as federal electronic logging device enforcement also progresses.

For truck drivers, motor carriers, and shippers, these new regulations may be the most important federal trucking changes in 2020.

The Federal Motor Carrier Safety Administration released its intention to revise how much time drivers can spend on-duty hours (both driving and out-of-cab), as well as how they track their hours in their driver logs, in August 2018. The ELD mandate took full effect in December 2019–a regulation calling for truckers to record their HOS with ELDs instead of annual paper logbooks.

Joe DeLorenzo, acting associate administrator for enforcement at the FMCSA, said at the conference’s panel discussion that current ELD enforcement data shows law enforcement is learning to more regularly cooperate with the data transfer process of the new technology.

DeLorenzo said there has been an “interesting curve” in driver log violations, as well as in driver violations for exceeding HOS limits.

“We had a large dip in violations for falsification,” he explained. “But as officers got comfortable with it, that level of violations per inspection for false records is higher than it’s ever been before, which means now law enforcement has figured out what the tricks are, and how easy it is to find the falsifications.”

Back when the ELD mandate was first set in 2017, the FMCSA had “numerous requests from Congress and the public for [the] FMCSA to consider revising certain HOS provisions,” the federal truck safety agency said in its rulemaking notice.

The Owner-Operator Independent Driver Association in particular asked the agency to make significant changes to HOS rules in order to allow drivers to rest for up to three consecutive hours once per 14-hour shift. OOIDA also wanted the FMCSA to loosen the 30-minute rest break requirement after eight driving hours.

The FMCSA released its guidance in May of 2018 depicting how drivers should use the personal conveyance provision of the HOS rules, as well as how certain exemptions work in the era of the ELD mandate. Still, regulators thought they should address the ELD trucking aftershock further.

According to DeLorenzo, the overall learning curve is likely to continue throughout 2020.

“We need this next six or 12 months to really solidify that learning, get everybody used to it, and the more we can get data transfer done, that’s better for everybody,” he said.

Kerri Wirachowsky, Commercial Vehicle Safety Alliance roadside inspection program director, said to make ELD inspections work easily, driver knowledge is most important.

“Ensure your drivers are trained on how to use the device,” she asserted.

FMCSA is still reviewing public comments regarding its HOS regulation flexibility proposal. When the comment period on the rulemaking notice was extended, thousands of comments flooded the agency. The four HOS areas being considered for changes include:

-Expanding the current short-haul exemption from 12 to 14 hours-on duty

-Extending the 14-hour on-duty limitation by up to two hours when adverse driving conditions are present

-Revising the mandatory 30-minute break for drivers after eight hours of driving

-Reinstating the option to split 10-hour off-duty breaks for drivers operating trucks with sleeper-berths

DeLorenzo said as HOS changes are complex, it will continue to take time. The changes also continue to receive strong backlash from those arguing that relaxing break times will bring more fatigued drivers, and thus, more accidents.

For FMCSA, the main concern seems to be changing trucking environments with higher–and faster–demands.

“An awful lot has changed in the industry since 2003,” DeLorenzo said. “Just-in-time delivery wasn’t a thing. Amazon wasn’t a thing. Traffic certainly was not what it is now. Infrastructure was not what it is now.”

NAD Petition to Relax Deaf Truck Driver Requirements Reviewed by FMCSA

March 27, 2020 by Levinson and Stefani Leave a Comment

The Federal Motor Carrier Safety Administration is currently reviewing a petition from the National Association of the Deaf to relax certain requirements for deaf truck drivers.

NAD is arguing that the present requirements stating deaf truckers must pass a medical exam proving their ability to hear and prohibiting them from using interpreters during tests were implemented during a “time of misguided stereotypes about the abilities and inabilities of deaf and hard-of-hearing individuals.”

NAD has been pushing for updates to these requirements since 2017.

“NAD also contends that both the hearing requirement for physical qualification to operate a commercial vehicle and the speaking requirement are violations of the Rehabilitation Act of 1973,” said FMCSA’s announcement inviting public comment on the petition. This comment period ended on February 14th.

As of now, drivers have to “perceive a forced whispered voice in the better ear at no less than 5 feet, with or without the use of a hearing aid,” to pass hearing exams.

Additionally, to pass an audiometric device test, a driver must not have an average loss of hearing in his or her better ear, with or without a hearing aid, of any greater than 40 decibels at 500 Hertz, 1,000 Hertz, and 2,000 Hertz.

Any deaf drivers who cannot successfully pass these hearing tests are currently able to seek an exemption from the FMCSA, and at least 450 deaf drivers who have good driving records have been given 5-year exemptions.

Regardless, many prominent groups in the trucking industry have filed comments opposing any relaxation of present regulations. These groups include: American Trucking Associations, the Owner-Operator Independent Drivers Association, Commercial Vehicle Training Association, American Bus Association, and American Association of Motor Vehicle Administrators.

“While ATA believes the National Association of Deaf petition has merit, there are several concerns that FMCSA must address before any consideration to eliminate the hearing requirement for commercial motor vehicle operators,” ATA said in its comments. “These concerns involve a commercial driver license training, regulatory compliance, workplace safety, advisory board opposition, the lack of data currently available to assess crash risk, and employers’ ability to make an individual assessment of driver applicants.”

ATA also explained that proof of safety improvements in this circumstance is most important. “Before FMCSA revises any safety standard, both the petitioner and FMCA must provide the public with data-driven evidence that reflects real-world situations and adequately ensures safe CMV operations on our nation’s roadways.”

According to the FMCSA Federal Register Post, the proposal must undergo an environmental analysis in accordance with the FAA Order titled: “Environmental Impacts: Policies and Procedures” before any final regulatory changes.

OOIDA did note that FMCSA’s 2017 analysis of 218 CDL holders who had hearing exemptions showed that those drivers did in fact have a lower crash rate than the national average, as well as fewer out-of-service violations. Still, OOIDA remains in opposition to any regulation updates for deaf truck drivers.

“Driving a commercial [motor vehicle] requires constant attention,” said Education for Apex CDL Institute owner, Jeffrey Steinberg. “It requires the ability to always perceive changing circumstances around you. It requires the ability to not only see what is going on, but to also hear what is going on. Screeching tires, horns and train bells, emergency vehicle sirens.”

He also explained that hearing ability can be imperative in the case of mechanical issues on trucks. “Drivers need to be able to detect mechanical problems to be able to act before a serious problem occurs. Blown and failed tires, air leaks, wheel bearing failures, screeching brakes, engine knocks, and pre-ignition, just to name a few.”

Many deaf truck drivers don’t see these safety concerns as valid, though.

“I’m a deaf trucker of 29 years with no accident of any sort of record,” said driver David Helgerson. “Technology today has vastly improved [from where] it was years and years ago. This barrier needs to be removed.”

CTVA stands firm. “The government’s extensive 1997 study found a ‘consensus’ among subject matter experts ‘that there are many tasks for which truck drivers are required to use their hearing.’ CVTA strongly opposes NAD’s request to remove the hearing and speech requirements for the operation of commercial motor vehicles.”

Whether or not FMCSA will consider the technology improvements that have simplified so many manual trucking tasks since then in regards to how truck drivers perform their duties has yet to be determined.

Outrider Startup Raises $53 Million to Automate Trucking Yards

March 26, 2020 by Levinson and Stefani Leave a Comment

Outrider, a startup tech company formerly known as Azevtec, rose to prominence this month with its announcement of having raised $53 million for its autonomous trucking yard operations system.

The funding will work toward aiding both warehouses and logistic hubs with their outdoor vehicle operations, while also helping distribution yards to move freight-heavy semi-trailers efficiently between warehouses and public roads. Currently, methods around yard operations are hazardous, the company said.

“While there’s been lots of automation in other aspects of the supply chain, what happens in yard operations is almost entirely manual and inefficient,” said CEO and founder of Outrider, Andrew Smith. “This means there is congestion when over-the-road trucks are coming to drop off trailers or containers into a yard. There are misplaced trailers that can cause all sorts of issues within the supply chain. Equipment gets damaged. So, we are laser-focused on autonomous yard operations and the movement of that freight.”

The new funding came through Series A financing–a series of investments for private startups showing potential and progress in their efforts.

“The important thing to understand about our system is that we don’t just automate the truck,” Smith continued. “We automate the entire yard. What this means is, we think about what are those components that come together that allow one person to dramatically increase the safety and productivity of the yard, as opposed to having lots of people running around doing those things.”

Right now, with around 50,000 yard trucks across the nation handling freight container and trailer transfer from warehouses or distribution center trucks, Outrider aims at automating these yard trucks through a new electric vehicle equipped with Level 4 autonomy features. This goal will potentially improve overall safety within distribution center yards.

Outrider is looking to automate processes such as:

-Moving trailers around yards

-Transporting trailers to and from loading docs

-Hitching and unhitching trailers

-Connecting and disconnecting brake lines

-Monitoring trailer locations

This new system will work to “deliver yards that are more efficient, safer, and more sustainable,” the company said.

According to Smith, the system is comprised of three components. First, a web-based interface that lets customers use a dashboard to move vehicles throughout the yard; second, a modular site infrastructure allowing vehicles to maneuver easily around workers; and third, using software, robotics, and sensors on a base electric truck platform to automate the vehicles.

The software is easily able to be integrated with current warehouses and yard management systems, he explained further.

As many other trucking industry companies work to automate warehouse operations and over-the-road trucks, Outrider said it has found the opportunity to bring more automation to the logistics yard, which is connecting factor between those processes.

“Yards are dangerous environments–essentially, anywhere you have people interacting with 80,000-pound pieces of equipment, operating in all weather conditions during all hours of the day [is dangerous],” said Smith. “Unfortunately, yard accidents are quite frequent, so safety is core to everything we do.”

To reduce equipment damage and accidents as trailers move throughout fast-past work environments, Outrider is developing new yard safety cases with customers and outside experts.

With Outrider, “people inside the warehouse can communicate safely with the autonomous truck to limit how those vehicles get pulled away from the warehouse doors,” Smith said about one of the most common and hazardous activities in a yard. Outrider’s system also automates how drivers connect and disconnect air lines on a trailer, which they typically have to do manually.

The company, based out of Golden, Colorado, has impressed investors with its 75 employees, 50 of whom focus exclusively on distribution yard automation.

“We consider hundreds of investment opportunities in the logistics space every year,” said 8VC founding partner, Jake Medwell. “Our decision to be an early investor in Outrider was an easy one. Andrew’s vision and plan for the industry are highly compelling, and he’s mobilized an unmatched team to execute.”

As automated technology has industry workers hoping for large economic wins, it still brings worry regarding displaced workers. Conversely, Smith said Outrider is designed to allow workers more time for more important tasks.

“We, as a company, are focused on thinking about what is the responsible deployment of autonomous technology,” he said. “For all the cases we are working on with our customers, there is little-to-no direct job loss for the employment of these systems. Yard truck driving is a repetitive and hazardous task where you see high levels of turnover.”

People Still Need Food and Supplies – Truck Drivers are Essential and We Need to Keep Them Safe Too

March 24, 2020 by Levinson and Stefani Leave a Comment

Many store shelves have been empty with retailers selling out of essentials as people are legitimately concerned over the spread of COVID-19, commonly referred to as coronavirus. While many people are sheltering in place at home, our economy continues to rely on the trucking industry to transport goods wherever they need to go.

Some states have restricted non-emergency travel and imposed curfews. The safety and health of our communities are, of course, foremost on everyone’s minds. Yet, we still need things to get by. This pandemic has brought on a near shutdown of the American economy and, as I write this, Congress is hopefully finishing negotiations over the proposed stimulus package aimed at propping up businesses and protecting household’s savings accounts, as well as people just managing to get by.

Truck drivers and transportation companies play a vital role in keeping grocery stores stocked and allowing hospitals to replenish supplies. Most every item on a store shelf from produce to paper towels got there on a truck. It is essential that processional truck drivers are able to do their jobs. It won’t be the same as before, of course. Closed restaurants and truck stops will make it hard for drivers to find places to stop to rest or even wash their hands. This is where elected officials in every state need to step in and make sure there are adequate facilities available to drivers and that proper precautions are taken to prevent them from getting sick.

Although the transportation of essential good needs to continue as uninterrupted as possible, every effort should be taken by trucking companies and government to allow drivers the ability to rest when needed and when the law requires. For instance, federal and state laws prohibit trucks from parking on highway shoulders overnight. States that have taken action to limit business operation and travel, must make accommodations for drivers making cross-country trips that require overnight stops.

The Federal Motor Carrier Safety Administration (FMCSA) website contains information regarding emergency declarations, waivers, exemptions, and permits for drivers. The site continues information about which states have issued emergency declarations and some of the regulatory information associated with that. In addition to check with the FMCSA, drivers and transport companies should check each state’s website where they intend to travel to make sure they are following all local rules as well. FMCSA has also set up a toll free hotline for questions at 1-877-831-2250.

This pandemic is unprecedented. We will likely continue to deal with not only the health and medical emergency resulting from the spread of COVID-19, but also the economic ramifications, as well as continued restrictions on work and travel. As we move forward, we have to understand that we are all in this together. We should continue to do everything we can to try and keep people from getting sick, but we also need to keep I mind that although we are dealing with an extraordinary situation, we must continue to focus on taking precautions in our normal activity, including getting around from place to place when needed, and moving food and goods where they need to go.

Staying healthy from the threat of infections is not our only concern. With the spread of this virus a hospital stay resulting from a car crash could increase someone’s risk of coming into contact with a person seeking treatment for the virus. All the more reason for transportation companies and government to work together to make sure drivers are able to follow safety rules and get the rest they need as well as the facilities they need to be able to do their essential jobs properly.

5 of 8 Suspects Plead Guilty to Staged Truck Crashes

March 24, 2020 by Levinson and Stefani Leave a Comment

Five out of eight defendants in an investigation regarding staged truck accidents in New Orleans–which brought fraudulent lawsuits–pleaded guilty in late January, an act which brought further scrutiny upon the remaining defendants awaiting their trials.

Those three, including the alleged ringleader, were all involved in the money fraud scheme, but were not part of the plea bargains. However, one passed away in 2019.

Of this group, two drivers and three passengers in two separate accidents involving 18-wheelers plead guilty before US. District Judge Eldon Fallon to both conspiracy and wire fraud.

In the plea agreements filed in the U.S. court in the Eastern District of New Orleans, four of the defendants confessed–Lucinda Thomas, 63; Mary Wade, 55; Judy Williams, 59; and Dashontae Young, 25, all from Houma. These four left Houma and ended up in an accident in June 2017 near the Danziger Bridge.

Larry Williams, 46, a fifth defendant from New Orleans, admitted he was also a part of a staged accident six days later with a truck in the same area.

Additionally, another two individuals named in the indictment–Damian Lebeaud and Mario Soloman–are currently under federal investigation for their involvement. Two attorneys are also under investigation, according to court documents.

Labeaud was described by federal investigators as conspiring directly with “Attorney A” before and after the fraudulent accidents. Both incidents in the indictment were followed by lawsuits filed by attorney Daniel Patrick Keating.

Group members filed lawsuits after the stagings occured in order to “defraud and obtain money and property from insurance and trucking companies.” Some were seeking up to $1 million in damages.

A local news station’s investigative series dubbed “Highway Robbery” found that Attorney A is in fact Keating–based on his phone number being the one cited in court filings and by federal authorities as the one Labeaud would call regarding the accidents.

“Attorney A and Labeaud met at a restaurant in New Orleans,” said the U.S. Attorney’s Office. “During their meeting, Attorney A and Labeaud agreed that Attorney A would pay Labeaud $1,000 per passenger for staged and legitimate accidents with tractor-trailers.”

In addition, the indictment showed that Thomas had undergone neck surgery because “Attorney A” said she “would get more money through the lawsuit if she had the surgery.”

In the pleas filed on January 30th in federal court, the first staged incident is cited as occurring on June 6th, 2017, followed by a second on June 12, 2017. Both accidents took place in New Orleans, and some of the scammers said they were treated by doctors “known to the grand jury at the direction of one of the attorneys.”

According to the plea agreements, those pleading guilty faced a $250,000 fine and up to five years in prison.

Covenant Transportation Group had a truck involved in one of the staged accidents. The group’s representation apparently spent months investigating the fraudulent incident, scouring cell phone and cell tower records, analyzing dash cam and police body cam videos, and researching other documents that they ended up releasing to the FBI.

Over three months, the transport company’s team worked to find substantial evidence, eventually gathering enough to file documents in the civil suits claiming fraudulent activity.

This isn’t the only incident of its kind, either. Throughout 2019, New Orleans trucking fleets were warned about multiple suspicious incidents taking place after a notable “fake accident” lawsuit against Whitestone Transportation out of Mississippi.

In a series of at least 30 different suspicious accident cases, many similarities have been noticed. Almost all of these staged accidents take place around New Orleans, include multiple passengers in a claimant vehicle, involve sideswipe allegations against commercial vehicle trailers, have minimal damage to the claimant vehicle, have little or no damage to the trailer, and involve a commercial vehicle driver who either denies the crash or is unaware of it.

Regarding the most recent indictment, the U.S. Attorney’s office wrote in a press release: “Attorney A knew Labeaud was staging an accident and Attorney A paid Labeaud for at least 40 illegally staged automobile accidents. In addition, Labeaud and Attorney A would discuss the staging of accidents before they happened.”