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Drunk Driving to be Combated by New Tech Mandates, Congress Says

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The “single most important legislation” in the history of efforts made by Mothers Against Drunk Driving signifies “the beginning of the end of drunk driving,” according to MADD’s national president, Alex Otte.

In the midst of a $1 trillion infrastructure package implementation (which will be signed by President Joe Biden shortly), a mandate set forth by Congress to utilize technology to deter drunk driving is in the works. This requirement comes as part of the package’s efforts to boost vehicle safety as roadway deaths have reached their highest numbers since 2006–even though traffic numbers decreased significantly during the pandemic.

Systems programmed to monitor drivers and stop them from driving under the influence of alcohol would be installed in all new vehicles made as soon as 2026 under this new mandate; right now, the Transportation Department is working to determine which innovative technology should be implemented. Automakers will also be given sufficient time to comply with the requirement, as well.

In addition to this driver monitoring technology, roadways will see more protected green spaces and bike paths as part of the $17 billion given to road safety programs out of the infrastructure package itself. The Eno Center for Transportation noted that this has been the largest funding boost for such initiatives in decades.

These efforts come as new reports by the National Highway Traffic Safety Administration show that around 20,160 people suffered traffic crash fatalities during the first half of 2021, with factors such as failure to wear a seat belt, speeding, and, of course, driving under the influence of drugs or alcohol raising these numbers exponentially. Around 10,000 people die each year on American roadways in alcohol-related incidents–comprising nearly one-third of all yearly traffic deaths, NHTSA added.

This new legislation “will virtually eliminate the number one killer on America’s roads,” said MADD’s Otte.

The most likely technology to be installed and deter drunk driving, according to Guidehouse Insights principal mobility analyst, Sam Abuelsamid, will be driver-monitoring infrared camera systems. Nissan, BMW, and General motors have already been utilizing this kind of tech along with partially automated driver-assist systems to monitor driver attentiveness.

These camera systems are able to monitor whether or not a driver’s eyes are on the road, as well as impairment, drowsiness, and loss of consciousness. If any of these signs are noticed, the system will first warn the driver, and then turn on hazard lights and pull over if such behavior continues.

Some drivers who have received DUIs or DWIs are required to use a breathalyzer device that is attached to their car’s ignition–a device which will disable the vehicle if a driver’s blood alcohol level is found to be above the legal limit. The new requirement has yet to distinguish which technology would be preferred for widespread implementation. Still, the technology that does end up being installed in all vehicles must “passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired.”

Still, this isn’t a likely long-term solution, as most people would not agree with needing to blow into a breathalyzer before starting their car every time, said Abuelsamid.

“I don’t think it’s going to go over very well with a lot of people,” he said.

In addition, a $5 billion program spearheaded by Buttigieg, named the “Safe Streets & Roads for All” initiative, will aim toward safer streets for both pedestrians and cyclists, as well as drivers. These “Vision Zero” program efforts will help campaigns in place to bring an end to traffic fatalities, and will work to create wider sidewalks, reduce roads to move commuters toward more public transit usage, build new bike baths, and slow overall traffic with additional roundabouts.

“The best way to allow people to move in ways that are better for congestion and better for climate is to give them alternatives,” said Buttigieg. “This is how we do right by the next generation.”

CVSA Conducts Another Safe Driver Week, Focuses on Top Violation: Speeding

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During the Commercial Vehicle Safety Alliance’s Operation Safe Driver Week safety initiative, law enforcement across North America stopped 46,058 drivers in both passenger and commercial motor vehicles who were driving dangerously, according to recently-released results.

During the July 2021 event, police officers stopped 17,910 passenger vehicles and 28,148 commercial motor vehicles and issued 16,863 citations and 10,486 warnings. Speeding was this year’s top overall violation, and was also the priority for the Safe Driver Week itself.

“Officers issued 11,039 citations and 5,478 warnings for speeding/basic speed law/driving too fast for conditions,” said CVSA in a tweet when initiative results were announced. Of these speeding violations, passenger vehicle drivers received 9,349 citations and 2,929 of warnings; commercial drivers received 1,690 citations and 2,549 warnings.

This amount of speeding violations by truck drivers, specifically, is unacceptable if we want any peace of mind on American roadways, explained Levinson and Stefani’s Ken Levinson.

“Companies need to police their own drivers,” he said. “They can’t and they shouldn’t put unrealistic expectations on their professional drivers to get to a dropoff or pickup location without violating safety rules. It’s clear and obvious that companies that are unsafe and have only major profit motives skirt around safety rules and force their drivers into situations where, in order for them to get to a location on time, they have to speed.”

94% of car crashes are caused by driver behavior, according to the National Highways Traffic Safety Administration. Additionally, the majority of deaths in crashes involving large trucks include the occupants of the passenger vehicle involved (which make up about 71% of these deaths) versus the occupants of the truck involved (which make up about 18% of these deaths).

“We have to make sure that doesn’t happen, whether we’re policing the companies, policing the actual drivers, or really enforcing these safety measures–because the consequences are just too great,” said Levinson.

For passenger vehicle drivers stopped during the weeklong safety initiative, the top violations were: speeding, with 9,349 citations; failure to wear a seat belt, with 1,355 citations; distracted driving using a handheld phone, with 573 citations; possession, use, or being under the influence of alcohol or drugs, with 428 citations; and failure to obey a traffic control device, with 336 citations.

For the commercial motor vehicle drivers that were stopped, the top five violations were: speeding, with 1,690 citations; failure to wear a seat belt, with 1,225 citations; failure to obey a traffic control device, with 522 citations; texting with a handheld phone, with 344 citations; and improper lane change, with 112 citations.

“It’s incumbent upon drivers to be as defensive as possible,” noted Levinson. “These trucks are very heavy and dangerous, and oftentimes a trucker may be pressured to drive more quickly to make their hours or they may not be as alert as they should be–so we all must be as defensive as possible.”

Sometimes, passenger drivers may have too much trust in the drivers around them–which can be especially dangerous when driving near large commercial vehicles, Levinson added.

“It’s not always realistic to avoid incidents with these big trucks because they often do things that are beyond our control to avoid,” he said. “Just be very aware that these trucks are dangerous and use extreme caution.”

Even though overall miles traveled numbers fell during the pandemic, traffic fatalities increased by 10.5% in 2021’s first quarter, according to NHTSA.

“When you’re behind the wheel, watch your speed, and never drive distracted,” said the agency in a tweet.

Alongside the initiatives during Operation Safe Driver Week, the Federal Motor Carrier Safety Administration conducted its own investigative event to target motor carriers with a history of unsafe driving behavior and crash incidents.

“Since we know that most crashes are caused by drivers,” said President of CVSA, Captain John Broers, “The best way to prevent crashes is to start with the cause–drivers.”

ATRI Releases Top Industry Issues List, Driver Shortage Remains Biggest Concern

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A top concern for the transportation industry this year is, once again, that of the continuing truck driver shortage.

The American Transportation Institute has released its annual list of Top Industry Concerns on Sunday at American Trucking Association’s Management Conference and Exhibition, and this ongoing shortage tops the list for the fifth year in a row. In fact, when votes were counted for the most prevalent concerns of industry members, the driver shortage was found to have four times the number of votes as the second highest-ranking concern–truck driver retention.

Following behind the issues of driver shortages and retention problems, the list included driver compensation in third place, lawsuit abuse reform in fourth, and inadequate truck parking availability in fifth. A shortage of diesel technicians ended up in 10th place–the first time this issue has made the list in any capacity.

“The ATRI list of top industry issues provides a critical snapshot of the challenges impacting our industry at any given moment,” said Sherri Garner Brumbaugh, Chairman of ATA and CEO of Garner Trucking. “This year is no exception, as supply chain constraints dominate the nation’s headlines.”

The true value of ATRI’s list, Brumbaugh noted, is that the organization offers methods of solving these pressing problems.

“ATRI’s analysis not only captures the industry’s sentiment on the criticality of each of these issues, but [it] also maps out a course for addressing each [problem] through the stakeholder-ranked strategies.”

More than 2,500 stakeholders throughout the trucking industry–including drivers, industry suppliers, driver trainers, motor carriers, and law enforcement–took part in this year’s survey. Around a quarter of participants identified as truck drivers.

“It really is no surprise that truck driver-related issues–notably, the driver shortage and driver retention–ranked so [highly] on the survey,” said Rebecca Brewster, President of ATRI. “Coming out of the pandemic, with the increased demand for goods and other pressures on the supply chain, getting and keeping drivers has been a real challenge industrywide.”

Brewster noted that the supply chain demand that was exacerbated throughout the boom of e-commerce during the pandemic era has clearly had major effects across many aspects of the industry, as made clear in this survey.

“We also see the impacts of the current supply chain crunch in how highly issues like driver compensation, truck parking, infrastructure, and driver detention ranked on the list.”

Because so many truckers are retiring in the midst of the pandemic while newer truckers making their way into the industry are experiencing slow starts due to delays in commercial driver training and licensing, Chief Economist for American Trucking Associations, Bob Costello, raised the overall number of drivers estimated to be needed in the industry from 61,500 to 80,000.

“This is somewhat pandemic-related; we didn’t train enough drivers,” he said, noting that this insufficient number of trained drivers is making it difficult for the industry to keep up with the growing freight demand. “It’s the traditional things we’ve been talking about for the last two decades–it’s the high average age of drivers, not [having] enough females [in the industry], lifestyle [issues], and then you throw in some things that have exacerbated [the issue].”

The Federal Motor Carrier Safety Administration’s safety measurement system for compliance, safety, and accountability also ranked highly on ATRI’s list–coming in at sixth place this year. 

“Carriers are concerned about the peer groups they’re being scored in,” explained Brewster. “There really is still a lot of concern among the industry over this issue.”

Following closely behind on the list is the issue of driver detention, with ATRI adding that at customer facilities, drivers are often not given restroom or facility access while delayed in their freight deliveries. Additionally, these drivers also are often prohibited from staying onsite at the facility if they run over their hours-of-service time allotment during such a delay.

Finally, ranking eighth on the list was transportation infrastructure, funding, and congestion. This points to major issues such as the 1-40 Hernando de Soto bridge closure earlier this year. Because the bridge served as the Mississippi River connection between Memphis and Arkansas, the industry faced costs of more than $1 million during repairs.

Roadway Fatalities Rise as Safety Rule Enforcement Lags Behind

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The list of Congress-ordered safety rules continues to grow even in the midst of a rise in traffic fatalities from the coronavirus era.

Some of these safety rules are years overdue but could be the difference between life and death for many of the drivers on America’s roadways. According to a governor’s highway safety group, the United States is at the risk of having a “car crash epidemic” if some of these safety rules are not implemented soon.

At least 13 auto safety rules are currently past due and have remained so under the last three presidents, according to a review by the Associated Press regarding the National Highway Traffic Safety Administration’s rule-making. These rules include a rear seat belt reminder requirement that was initially passed by Congress in 2012 and that was set to be enforced by 2015.

The rear seat belt rule will now likely begin the regulatory process in January of 2022, although deadlines–even those assured by the federal court–have been missed frequently in the past. This seat belt rule is estimated to potentially save hundreds of lives annually.

Another rule yet to be passed is that of child car seats and their side-impact standards, which was originally expected to be passed back in 2014. Additionally, a rule requiring car manufacturers to keep safety defect records for at least a decade and to implement anti-ejection protection measures for large buses is still awaiting action.

“I think with safety records, companies shouldn’t dispose of things that can help determine the cause of injury or death,” said Levinson and Stefani’s Ken Levinson. “It can only help protect people down the road, so companies need to secure and maintain records that can be used to save lives–it seems obvious to me.”

Levinson also noted that so many of these things should just be common sense, and there shouldn’t be this much wait time in bringing them into regulation to keep people safe.

“The government shouldn’t have to require the maintaining of safety records, but clearly, companies aren’t saving these records for whatever reason, and it’s incumbent upon the government and other elected officials to make sure they keep these records to protect people in the future–women, children, men, and working people,” he said.

There are also plans in place to implement mandates regarding automatic emergency braking systems on both heavy trucks and passenger vehicles–NHTSA has promised that a national database documenting automated vehicle-related crashes is in the works, as are strict autonomous vehicle testing standards.

“Automatic emergency brakes are not that expensive, and they are able to save lives and should absolutely be required,” said Levinson. “Mandating them in new vehicles is a good thing for public safety and for all of us.”

In 2020, 38,680 people are estimated to have died in roadway crashes–the highest number since 2007. 8,730 additional people died in traffic crashes in the first quarter of 2021, which is a 10.5% increase from the same period in 2020 although overall vehicle miles driven dropped significantly during the pandemic.

Over half of all crash fatalities recorded in 2020 involved drivers or occupants who failed to wear a seat belt, and each year, over 800 people die in crashes when they have failed to wear a seat belt in the back seat.

Because of this, it’s clear that swift action in bringing these safety mandates to fruition can no longer be delayed.

“We all pay the price when injuries happen and when people fill up emergency rooms and ICUs in the hospital, especially when they’re taking up space for other people to be given proper medical treatment,” said Levinson. “Failure to mandate safety standards leads to rising healthcare costs, innocent people being harmed, a loss in productivity–there’s a number of reasons that are in the public interest to make sure that people are safe.”

Some states are indeed working to increase seat belt usage–Governor Ned Lamont of Connecticut recently signed into effect a law requiring back-seat passengers over the age of 16 to wear a seat belt. Of course, passengers younger than 16 were already required to do so.

Still, we’re nowhere near where we should be in regards to federal safety standards, industry experts agree.

“I can’t say the U.S. regulator of the auto industry is at all on track,” said Advocates for Highway and Auto Safety president, Cathy Chase. “It’s time for them to move forward.”

Drivers Should Have 90 To Replace Their Recalled CPAP Machines, Medical Advisors Recommend

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We recently reported on the recent recall to certain continuous positive airway pressure machines (CPAP machines), which are vital pieces of equipment and treatment methods for those with mild to severe sleep apnea. Sleep apnea of some level affects nearly one-third of truck drivers.

The recall was announced earlier this year by the U.S. Food and Drug Administration after it found that debris and harmful chemical exposure during usage of these machines posed a severe health risk to users.

Now, medical examiners are recommended by a Federal Motor Carrier Safety Administration medical advisory board to offer alternative treatment methods to truck drivers. Examiners are likely to have 90 days to determine which alternative options will be best for truckers afflicted with sleep apnea, and these methods found must offer the same kind of treatment as the Philips Respironics continuous airway pressure machines that are now being recalled nationwide.

“In response to the CPAP recall, appropriate oral appliance usage for certification is accepted for drivers diagnosed with moderate sleep apnea impacted by the Philips Respironics recall,” said the advisory board regarding its recommendations. “This therapy will be accepted until CPAP machines become available again for treatment.”

Still, drivers with untreated and severe sleep apnea are exempt from this recommendation, the medical examiners noted. The review board is still determining the best ways that qualified drivers with obstructive sleep apnea can continue to work and be medically certified to operate their vehicles, when CPAP machines are the treatment method upon which FMCSA has relied for so long.

If obstructive sleep apnea remains untreated, drivers are at a much higher risk for accident or crash as they could become severely fatigued while behind the wheel. Allowing untreated drivers to continue operating their commercial motor vehicles while a new preferred treatment method is found could cause a major public safety risk, board members said.

Levinson and Stefani’s Ken Levinson weighed in on the issue.

“It seems to me that this treatment is something that should absolutely be provided by trucking companies or some sort of government assistance,” he said. “It’s vital that truckers are able to work safely, and if they fall asleep at the wheel, it can cause a lot of harm and it’s a big issue.”

He added that their lifestyles can cause them to be more susceptible to various health problems, so making sure the medical issues at hand are treated in a proper and timely manner is of the utmost importance.

“Truckers have such a sedentary job that it’s hard for them to stay physically fit, so we need to do everything we can to make sure the trucking companies are conducting proper medical testing before drivers are hired and that they can also access the kind of equipment they need, whether it’s these CPAP machines or other devices to stay safe and healthy,” Levinson said.

The medical advisory board is working on ways to offer examiners various methods and opportunities to address the recall for the health of these truck drivers.

“Our goal today is to come together as a group and to develop some recommendations that we can give to the agency that will hopefully be passed along to our medical examiner community and drivers managing this issue,” said board chair Gina Pervall.

This CPAP machine recall has left a clear shortage in the market for sleep apnea equipment, and Philips Respironics explained that it is working to replace the recalled devices as quickly as possible.

“With millions of devices recalled, and many of them used by commercial motor vehicle drivers, Philips’ recall has widespread implications for commercial driver health, highway safety, and interstate commerce,” said American Trucking Associations safety policy specialist, Laura Spector. “As the medical review board is aware, without appropriate treatment options many drivers with obstructive sleep apnea will be out of compliance with FMCSA’s physical qualifications for driver regulations.”

As to how soon a potential solution will be found, Spector explained that many things are still up in the air.

“Notably, there is no clear timeline indicated when individuals might expect their device to be repaired or replaced,” she said, “with some sources estimating it could take up to one year for devices to be fully operational.”

States Have 60 Days to Remove CDLs For Drug or Alcohol Violations, FMCSA Says

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“Currently, most state driver licensing agencies do not receive drug and alcohol program violation information about commercial driver license or commercial learner permit holders licensed in their state,” said the Federal Motor Carrier Safety Administration in a recent statement.

Now, state driver licensing agencies are seeing stricter guidelines being mandated by federal trucking regulators requiring that further oversight must be implemented regarding commercial motor vehicle drivers with previous drug or alcohol violations. After being notified of a drug or alcohol test failure, these agencies must revoke the driving privileges of these drivers within 60 days.

“Therefore, these [state driver licensing agencies] are unaware when a commercial motor vehicle operator is subject to the driving prohibition, and the CMV operator continues to hold a valid CDL or CLP, despite the driving prohibition,” the agency explained.

By making sure drivers are subject to the agency’s driving prohibition, and that state licensing agencies are able to make the determination of whether or not this is the case for each driver, the FMCSA believes this final ruling will close the “knowledge gap” in these circumstances.

The licensing agency still can not “issue, renew, upgrade, or transfer a commercial driver’s license or commercial learner’s permit when a driver has tested positive for drugs or alcohol,” the new rule mandates.

Additionally, state agencies will need to begin the CLP or CDL privilege removal process from the driver’s license within two months after being notified by FMCSA that said driver either refused a test or was found to be under the influence of drugs or alcohol and is thus prohibited from operating a commercial motor vehicle, according to the rule change. 

As of now, there is already a mandate in place requiring that states must review the FMCSA’s Drug and Alcohol Clearinghouse database for previous driver violations before renewing licenses or issuing new ones.

The agency did indeed decide to extend the time period during which an agency must remove driving privileges from 30 to 60 days after many industry members expressed concerns regarding states’ abilities to downgrade a driver’s commercial license within just one month. Still, the National Motor Freight Traffic Association, along with American Trucking Associations, insisted that 30 days is indeed ample time to notify drivers of the changes in their driving privileges. 

Extending this time period will negatively affect the safety of our roadways, the organizations noted.

“By requiring SDLAs to downgrade the driver’s licensing status by removing the commercial driving privilege, the final rule will also permit all traffic safety enforcement officers to readily identify prohibited drivers by conducting a license check during a traffic stop or other roadside intervention,” said FMCSA.

This privilege removal would be an additional way to motivate drivers to follow mandates necessary for them to return to work, the agency continued.

“Further, SDLAs must remove the CLP or CDL privilege from the driver’s license of an individual subject to the CMV driving prohibition, which would result in a downgrade of the license until the driver complies with return-to-duty requirements.”

Still, many licensing agencies noted that state law requires them to notify a driver directly in regards to an imminent license downgrade, and that the 30-day time frame requirement would not allow for enough time to do so. It also would not provide sufficient time for an administrative hearing to take place before the license action is completed.

Additionally, the time period allotted should be aligned with the downgrading process of medical certifications, which currently allow for 60 days to update the driver’s record in the Commercial Driver’s License Information System and to complete the overall downgrading process. 

Now, states must reach proper compliance with the requirements of the final mandate at hand before November 18th of 2024, the FMCSA said.

“The CDL downgrade requirement rests on the simple, but safety-critical, premise that drivers,” the agency said, “who cannot lawfully operate a CMV because they engaged in prohibited use of drugs or alcohol or refused a test should not hold a valid CDL or CLP.”