federal motor carrier safety administration

Boosted Efforts by New Safety Coalition Aim to End Distracted Driving

October 5, 2021 by Levinson and Stefani Leave a Comment

A new national coalition will now focus on lowering the number of distracted driving-related accidents throughout the country more strongly than ever.

Various safety organizations launched the National Distracted Driving Coalition as a clearinghouse for state and local safety groups, an effort that will work to progress new legislation related to distracted driving behaviors and boost collaborative efforts that aim to raise awareness into these kinds of risky driving practices.

“Distracted driving kills thousands in the U.S. every year,” said the National Transportation Safety Board last month in a tweet. “During the National Distracted Driving Coalition launch, Vice Chairman [Bruce] Landsberg urged the public, community leaders, and industry to get engaged and involved in the fight to end distracted driving.”

The coalition of more than 100 members will work toward improved enforcement, data collection, and public education as a method of increasing safe driving behaviors.

“Every few hours, a life is lost on the nation’s highways due to distracted driving,” said Landsberg. “In no other mode of transportation would we accept the kind of carnage that we have on our highways.”

Along with NTSB, other main committee groups include the National Highway Traffic Safety Administration, the Federal Motor Carrier Safety Administration, American Trucking Associations, the National Sheriffs’ Association, the Governors Highway Safety Association, and the Insurance Institution for Highway Safety.

“We know that ensuring safe driving behavior is key in improving highway safety, and perhaps no action would do more for the cause of safety than reducing distractions for drivers,” said President of ATA, Chris Spear. “America’s truckers see motorists on their phones while driving countless times a day, and if a driver is focused on a text or call, we know they aren’t focused on driving safely.”

ATA also noted the vitality of accurate data in order to properly measure the extent of distracted driving behavior issues. The group also shared that it would prioritize the preparation of legislative briefs to help move along new related bill measures.

“Distracted driving kills thousands and injures hundreds of thousands in the United States every year,” NTSB’s Landsberg added. “States are making some progress addressing this public health problem, but no state has implemented NTSB recommendations calling for a ban on the use of all personal electronic devices while driving except in [the] case of emergency.”

Distracted driving initiatives should also be approached with the same vigor as initiatives working to bring an end to driving under the influence of drugs and alcohol, noted Drive Smart Virginia’s executive director, Janet Brooking.

“When we fund impaired driving programs, we should also be funding distracted driving programs,” she said. “When we make strong impaired driving laws with great ease, we should also be able to advance distracted driving legislation.”

StopDistractions.org CEO Jennifer Smith agreed, noting that distracted driving tends to be overlooked when analyzing driver behavior-related accidents.

“When we talk about the rising number of crashes, we hear about speeding, seat belts, and impaired driving,” she said. “But distracted driving is not mentioned. Have we given up? Is it too hard? Is it inconvenient? Why are we not doing as much as were back a decade ago?”

In regards to studies that have been conducted regarding distracted driving, driver inattention is typically directly related to a higher risk of crashing–especially with events that cause a driver to do something physically in the vehicle while looking away from the road, explain Virginia Tech Transportation Institute research scientist, Charlie Klauer.

“We are very proud to be a part of this coalition to assist in this very multi-pronged approach to reduce fatalities and injuries on our roadways that are due to distracted driving,” Klauer said.

Committee member Representative John Carson of Georgia helped pass a cellphone bill in 2018 that called for hands-free phone usage only for a driver in a moving vehicle, and has been working with legislators in many other states to urge them to do the same.

“In addition to state law, what we want to do is change the culture,” explained Carson. “Years ago, driving while intoxicated by alcohol was not as socially taboo as it is today. That’s where we want to get to with regard to distracted driving.”

Although Driving Decreased During Pandemic, Roadway Death Numbers Continue to Rise

September 22, 2021 by Levinson and Stefani Leave a Comment

“We must address the tragic loss of life we saw on the roads in 2020 by taking a transformational and collaborative approach to safety,” said acting administrator for the National Highway Traffic Safety Administration, Steven Cliff.

His statement comes as new data estimates released in early September depict 8,730 car crash deaths occurring in 2021’s first quarter–an increase from the 7,900 deaths reported in the same period of time in 2020.

“These early estimates suggest the driving patterns and behaviors the agency reported 2020–which changed significantly from previous years–continue to prevail and that drivers who remained on the roads engaged in more risky behavior,” explained the NHTSA.

According to the agency, overall traffic deaths rose by 10.5% in 2021’s first three months, although the number of drivers on American roads decreased. The pandemic may have brought about fewer cars on the road, but dangerous behaviors, including speeding, saw a sharp increase during that time–and clearly, they continue to do so.

In fact, overall driving numbers dropped by around 14.9 billion miles–around 2.1%–as shown in preliminary Federal Highway Administration data, but the number of fatalities per 100 million vehicle-miles traveled rose to 1.26 in the beginning of 2021. This is an increase of 0.14 from the same period in 2020.

These numbers point to risky behaviors like driving under the influence of drugs or alcohol, failing to wear seat belts, or excessive speeding–things that quickly become more common while roads began clearing up with fewer drivers having to make daily commutes.

“Everyone–including those who design, operate, build, and use the road system–shares responsibility for road safety,” Cliff added. “We are working closely with our safety partners to address risky driving behaviors such as speeding, impaired driving, and failing to buckle up.”

NHTSA’s report doesn’t portray truck-involved deaths specifically, but the number of truck fatalities is included in the figures depicting overall traffic statistics. Early estimates in 2020 showed that although traffic fatalities may have risen by 7%, truck-involved crash deaths themselves did drop by 2%.

“The stay-at-home orders started in mid-March 2020, followed by the first full month of stay-at-home measures that were in effect during April,” explained NHTSA in its report. “During May [of 2020], some states began to reopen in some way while almost all states partially reopened by June. After June, each state continued to adapt [its] local and statewide COVID-19 guidelines and assess specific reopening and potential re-closing efforts accordingly.”

Quarterly estimations of fatality rates and vehicle-miles traveled are divided into monthly estimates for 2020 and 2021 in order to determine the overall crash-related effects of the pandemic era, NHTSA explained.

In 2020, overall vehicle-miles traveled dropped by 13.2%, or 430.2 billion miles, although the fatality rate for that year was 1.37 fatalities per 100 million vehicle-miles traveled (an increase from 2019’s 1.11 fatalities per 100 million vehicle miles traveled).

“While Americans drive less in 2020 due the pandemic, NHTSA’s early estimates show that an estimated 38,680 people died in motor vehicle traffic crashes–the largest projected number of fatalities since 2007,” said the agency in its report.

Because of the apparent rapid increase in reckless driving and its impacts, this year’s Commercial Vehicle Safety Alliance’s Operation Safe Driver Week focused on speeding, despite overall traffic decreasing throughout the entirety of the pandemic. 2020’s road death rate rose by 24% from the year prior, although miles drive fell by 13%, according to preliminary estimates by the National Safety Council. Additionally, this death rate increase is estimated to be the highest year-over-year spike calculated by the council in nearly a century.

“The surge in motor vehicle crash fatalities must serve as an urgent call to action for Congress and the Biden administration,” said Advocates for Highway and Auto Safety president, Cathy Chase. “Requirements and performance standards for proven vehicle safety technology could be saving tens of thousands of lives each year. The needless deaths on our roads must–and can–be stopped.”

Driver Vision Policy Updates Backed by FMCSA Medical Board

September 6, 2021 by Levinson and Stefani Leave a Comment

A new report has been released by the Federal Motor Carrier Safety Administration’s medical review board regarding potentially stricter federal standards for commercial driver vision-related qualifications. However, these plans include methods of helping monocular drivers become qualified for vehicle operation much more quickly and easily.

FMCSA published a new proposed rule early this year amending regulations regarding drivers either not meeting field of vision standards, not meeting distant visual acuity standards, or both, in at least one eye. The amendment stated that these drivers could still be physically qualified to drive a commercial truck within interstate commerce.

For truckers not meeting either of these standards, FMCSA has decided to review potential qualification exemptions on a case-by-case basis.

“It is well-recognized in the literature that individuals with vision loss in one eye can and do develop compensatory viewing behavior to mitigate the vision loss,” said the agency at the time of the amendment.

A proposed plan to bring an end to the exemption process has now been approved by FMCSA’s review board; the potential alternative vision standard would bring about a process consisting of two steps to determine physical qualification and to eliminate a decades-long rule requiring monocular drivers to apply for exemption. Seeking this exemption can take months, and can result in drivers being kept off the road for that entire period of time.

Now, the process would require optometrist or ophthalmologist vision evaluations to be submitted along with their specific medical opinions and findings regarding a driver’s vision evaluation report form. Then, an examiner can offer a Medical Examiner’s Certificate to the driver who has been found to meet physical qualifications–a certificate that would be valid for up to one year.

“FMCSA estimates that the proposed rule would reduce barriers to entry for current and future commercial motor vehicle drivers,” said the agency in its initial announcement. “The 2,566 drivers holding vision exemptions would no longer have to apply for an exemption, and potential driver applicants who do not have three years of intrastate driving experience may meet the alternative vision standard and be able to operate a CMV in interstate commerce.”

The agency made a similar move in 2019 when it decided to eliminate the mandate requiring that diabetic drivers dependent on insulin would need to wait up to six months for a physical qualification exemption, and the changes brought about by the amended certification process for drivers with this kind of diabetes has been successful thus far.

Currently, a truck driver must have at least one eye with a distant visual acuity of at least 20/40 as well as an overall 70-degree field of vision, in addition to the ability to properly recognize all traffic signal and device colors. FMCSA’s medical review board has. suggested that this field of vision requirement be updated to instead require a 120-degree vision field, and that a driver should be allowed enough time to be able to adequately make up for or adapt to any reasonable vision deficiency.

As of now, there is not yet enough data to implement a particular waiting period for a driver with any given deficiency in his or her vision, according to the review board.

“We remind readers that the data is either absent or conflicting regarding the safety of monocular drivers,” said FMCSA in response to claims that monocular drivers have not shown any serious issues in regards to their capabilities to operate commercial motor vehicles. “With such a small percentage of drivers having monocular vision, this data will continue to be difficult to obtain in a statistically significant manner.”

The board also stated that whether or not a driver has been able to adequately compensate for a vision change or deficiency in a manner allowing him or her to then meet requirements should be up to an optometrist or an ophthalmologist to decide. The vision evaluation form should also not request severe non-proliferative diabetic retinopathy- or proliferative diabetic retinopathy-related information, as these are to be evaluated only under diabetes standards for insulin-treated drivers.

Upcoming Regulation Updates Discussed by Trucking Industry Experts

September 1, 2021 by Levinson and Stefani Leave a Comment

Motor carrier regulations are expected to see major changes regarding some of the more pressing issues within the industry that the Biden administration has prioritized–but with so many regulation updates in the works, it has been hard to tell when exactly we may see these shifts.

Legal experts discussed this topic at a recent conference hosted by Scopelitis, Garvin, Light, Hanson & Feary, P.C. This three-day Transportation Law Seminar took place on August 26th in Indianapolis, and many professionals throughout the trucking industry made sure to attend.

“If you look at the Unified Regulatory Agenda that the administration released in the spring–the official timeline for rule-making–it’s highly aspirational,” explained American Trucking Associations deputy general counsel, Richard Pianka, during one session of the conference. “Very rarely does anything happen on the timeline that the Unified Agenda suggests.”

For example, the Department of Transportation was expected to implement an updated oral fluid drug testing regulation by May of this year. This rule was one item that was highly-discussed during the conference and is one that has been focused upon by many federal trucking regulators, Pianka explained.

“We saw a pretty major development in 2019 when the Department of Health and Human Services updated the federal workplace drug testing program to include oral fluid drug testing,” he said.

For truck driver drug testing to regularly include oral fluid drug tests, the regulation already in place by the Department of Transportation would need to be changed to include the allowance of fluid testing in general, which, according to Pianka, may take place in the “not too distant future.” This kind of testing could be extremely helpful during accident-related drug tests, as oral fluid drug testing can only detect recent drug use in one’s system.

“Oral fluid drug testing is something we have been waiting on for a very long time, but has been moving at a very slow pace,” added Pianka.

Congress first brought into effect a mandate for a final federal rule regarding hair drug testing at the end of 2015–a mandate expected to be made final by early 2022. This kind of testing has been explained as an alternative to urinalysis drug testing; however, this potential final rule has received criticism by a variety of motor carriers.

This proposal, which has been deemed to be “highly problematic” by Pianka, would urge medical review officers to not solely utilize hair drug testing and to not immediately report findings showing a positive test result from a hair sample.

“What they do is run an alternative specimen, which would–right now–be urinalysis, and report the results of the alternative specimen,” Pianka explained, noting that this kind of testing would present more challenges than intended.

“What this creates is a false negative problem,” he continued. “This would make hair testing in the trucking industry pretty much useless.”

In addition to driver drug testing methods, industry experts at the conference discussed the Federal Motor Carrier Safety Administration’s ability to review the current hours-of-service regulations in place. This discussion comes as the Biden administration has been working to pass a bill requiring FMCSA to analyze the recent changes around this rule and the update’s overall effects on truck drivers and the industry itself.

“The fact that it was in the House bill is an indication that there is a constituency for revisiting the hours-of-service rules,” Pianka said. “It’s certainly a potential issue we’ll see on the horizon.”

Another regulation in the works could urge federal regulators to implement a new rule requiring all new commercial truck models to have automated emergency braking–a rule that would need to be issued within a two-year period.

“This has already been on the National Highway Traffic Safety Administration’s agenda for some time,” said Pianka. “So, we think this has a good chance of becoming law.”

Fleets and independent truckers may see a rise in the minimum insurance requirement, as well, according to Pianka. Additionally, a proposal to remove the current requirement for drivers to immediately report road violations will likely see a final rule in the near future.

“They thought it was redundant that drivers report their motor vehicle records,” explained general counsel for American Trucking associations, Jennifer Hall. “So, you’ll be getting that information from your own queries.”

Screening criteria is also in the works by the National Transportation Safety Board for drivers required to be tested for obstructive sleep apnea, Hall added.

“We anticipate that this could be an issue that we will see coming forward for regulation,” she said.

With Autopilot Capabilities Ramping Up, Public Trust is Imperative

August 27, 2021 by Levinson and Stefani Leave a Comment

Experts are claiming that the progress of safety innovations that come with new vehicle technology may be hindered by the public’s lack of trust or understanding regarding automated driving systems.

“Whether it’s Tesla or anyone else, it is incumbent on these manufacturers to be honest in what their technology does and does not do,” said chairwoman of the National Transportation Safety Board, Jennifer Homendy.

Homendy took over as chairwoman of the agency as Tesla Inc. faced backlash regarding its Autopilot capabilities following the opening of an investigation by the National Highway Traffic Safety Administration on car crashes involving Autopilot-equipped vehicles.

Although Homendy noted that Tesla has been easy to work with during NTSB investigations, she did note that various TV advertisements for Autopilot-equipped Teslas do allude to the idea that these vehicles can brake and steer on their own, although drivers must still be alert and monitoring these systems at any given time while a vehicle is being operated.

Homendy added that some officials even said they themselves believed some of these Tesla models were self-operating during a recent state highway safety conference.

“I was stunned,” Homendy said of those comments. “No, we do not [have self-operating models].”

She also explained in her first address to NTSB staff as chairwoman that she would make it a priority to–within the next 100 days–rename NTSB’s Office of Aviation Safety for it to better reflect its role in analyzing incidents occurring within commercial space travel.

“We are doing a lot, but nobody knows it,” she explained of the Office’s responsibility in these investigations. “We need to demonstrate it to our partners–to our stakeholders–that we’re ready, because we are.”

Additionally, Homendy requested that agency staff complete a regulation draft regarding updated commercial space industry-governing requirements within 60 days. The NTSB has been analyzing and investigating commercial rocket- and space vehicle-related incidents for many years, although the need for these kinds of investigations isn’t especially common. One such analysis included that of the Virgin Galactic space plane’s destruction in 2014.

“I don’t want to be in a situation–God forbid–that something does happen and we don’t have adequate resources,” Homendy explained. “So, I do believe this is an area we do need to expand and include additional expertise.”

Investigation preparation has become vital across many sectors of air transportation, she added, as robotic flying devices and un-piloted drones are currently undergoing design efforts to become future air taxis, and other innovative new methods of aircraft transportation and recreation are also in the works–such as Jeff Bezos’ recent Virgin Galactic Holdings Inc. and Blue Origin LLC ride into space, which Virgin has announced would be a joyride available to others for $450,000 per ticket.

Because of the future of this kind of travel, Homendy is aiming to boost NTSB staff and its capacity budget, as the funding-setting safety board authorization is due for renewal in 2021. The exact number of budget increase that will be requested isn’t yet known, though, she explained.

“The things that the public relies on–timely reports, great recommendations, what’s happened on an investigation [being released] as early as possible–that requires resources,” she added.

A much larger NTSB staff will be necessary for the fast-paced innovations of transportation technology and all that these changes will entail.

“We are in a time of transformational change,” said Homendy. “But, you know, I hear a lot about innovation and a lot about investment. I’m not learning a lot about safety–that’s where we come in. Safety has to be the driver. That’s our role.”

For this purpose, Homendy has requested that NTSB fill the current 50 open jobs within the agency, which makes up more than 12% of all current staff. Still, though, Homendy’s overarching goal is to bring important changes to overall safety within transportation, as she says there is a “very long list” of actions she plans to take in order to do so–including the vast improvement of driver assist system safety. She has made clear her intent to urge Congress to increase agency funding and to help the agency focus on incoming tech capabilities regarding everything from space flight to automated passenger vehicles.

“I think we have a great past,” she said of NTSB, “but I think we have to be future-looking.”

780,000 Driver Exam Results Requested by FMCSA

August 24, 2021 by Levinson and Stefani Leave a Comment

“FMCSA is aware that while many medical examiners have submitted results of examinations conducted while the National Registry was offline, others still have not done so,” said the Federal Motor Carrier Safety Administration in its pre-publication notice released in the Federal Register. “FMCSA estimates that approximately 14,000 medical examiners still have examinations results to upload.”

This statement comes as federal regulators are requesting around 14,000 medical examiners to submit missing truck driver exam results, an issue arising half a year after an inspector general audit was conducted by the Department of Transportation.

These results were said to be missing following a National Registry of Certified Medical Examiners system outage which occurred after a cyberattack effort. Now, The Federal Motor Carrier Safety Administration has formally requested this missing information, noting that it is now clear that a “significant number” of medical examiners have yet to submit their exam results from examinations taking place between December 2017 and August 2018, when the registry was down.

FMCSA has requested that examiners upload their missing information by the end of September of this year.

“FMCSA seeks up to 780,000 driver exams from [the] 2017 National Registry shutdown,” announced FMCSA in a recent tweet.

In the inspector general audit from January 15th, it was made clear that a myriad of data accuracy- and efficiency-related weaknesses were able to “limit the effectiveness of FMCSA’s oversight.” These holes in the monitoring methods of medical examiner qualifications by federal regulators showed that these efforts were not able to accurately determine whether or not a trucker’s physical and safety qualifications were up to standards.

Additionally, the entire registry system was removed from its online platform following a potential registry hack occurring in December of 2017.

“Unfortunately, during the outage, medical examiners were not able to access their National Registry accounts to upload results of examinations conducted,” explained FMCSA in its announcement. “Medical examiners were encouraged to continue conducting physical qualification examinations and issuing medical examiner’s certificates to qualified commercial motor vehicle drivers.”

The National Registry includes a list of all certified medical examiners, including more than 50,000 physicians that have been deemed qualified to conduct physicals on commercial vehicle drivers by the FMCSA. Additionally, all qualified medical examiners must be licensed within the state in which they conduct all of their examinations. They must also pass a mandatory test and meet all necessary requirements relative to training.

In FMCSA’s updated registry mandate, all medical examiners must now report each individual commercial driver’s physical exam results from June of 2018 on. These results must also include those regarding exams in which a driver was deemed not sufficiently qualified to operate a commercial motor vehicle safely.

At the time of FMCSA’s announcement, the agency also explained that it was made clear to all examiners that they would need to efficiently prepare and submit all examinations conducted throughout the outage separately, and that once the system was finally operating properly once again, these missing exam results would need to be uploaded as soon as possible.

A physical exam conducted by a qualified medical practitioner is valid through the Department of Transportation for up to two years. Additionally, the examiner is able to issue an exam certificate that would be valid for a shorter period of time if a particular condition in a driver requires regular monitoring. Typically, exam results must be submitted to the National Registry system by midnight of the day following the examination itself.

Because technology issues have apparently been an issue for FMCSA in the past, the agency has proposed delaying the redesign of its National Registry for four years, although the system is currently operating adequately. The National Registry website platform was first implemented by FMCSA in April of 2021, and medical examiners have since been required to upload a commercial motor vehicle Driver Medical Examinations Results Form (MCSA-5850) for every physical exam conducted throughout the entirety of the previous month. This is applicable for any examination of any driver required to undergo examinations by an examiner listed on the registry itself.

In 2015, this mandate was amended to require examiners to report their results by the next calendar day, including results in which a driver was not deemed qualified.