Trucking Industry

Second Listening Session for Hours-of-Service Proposal

September 7, 2019 by Levinson and Stefani Leave a Comment

WASHINGTON – On September 17th, the Federal Motor Carrier Safety Administration will hold a second listening session regarding changes to its hours-of-service rules for commercial drivers.

In the original August 23rd session in Dallas, commercial drivers suggested they be given new flexibility in their mandatory 30-minute rest breaks, and be allowed to split their 10-hour off-duty time in sleeper berths into an eight hour period of rest and two hours of non-driving.

The new proposal suggests drivers be able to break that time up into a 6-4 or 5-5 hour split–arguing that drivers should be able to decide how they use their non-working time, and that this be made clear in the new regulation.

It isn’t all about how to divide rest time, though: this proposed flexibility would also extend duty time for drivers working in inclement weather by two hours, as well as lengthen the maximum on-duty period from 12 to 14 hours and the distance limit from 100 air miles to 150.

Candace Marley, and independent contractor and company driver, said at the session that she believes 30 minutes is longer than needed for a break, explaining she favors shorter breaks more frequently. “Let’s encourage more movement throughout the day,” she plead.

ABF Freight System driver, Steve Smalley, said drivers making pickups and deliveries in urban areas need to drive more often, and explained that the mandatory 30-minute break “restricts [drivers].”

However, some are concerned the proposal’s definition of adverse conditions (e.g., severe weather) is not clear enough and that drivers may abuse the flexibility.

Riky Von Honaker, TX Loadrunners’ director of risk management, said he agrees drivers should make their own decisions, but worries some may want to use the review factor “for anything and everything.” He explained that a forecasted hurricane should not be considered an adverse condition, insinuating drivers may abuse the rule with such excuses to add more driving time to their routes.

During an early June roadcheck across the U.S. and Canada, 2,874 drivers were placed out of service for driver-related issues–over 37 percent of those were “Hours of Service” violations.

These new proposals come from the Trump Administration and trucking lobbyists’ beliefs surrounding regulation becoming too strict in regards to poor weather, heavy traffic, and drivers’ abilities to complete deliveries promptly.

Upon softening of these rules, truck drivers will not only need to stay on the road for hours longer, but safety measures will fall onto self-regulation by drivers themselves.

FMCSA Administrator Raymond Martinez said during a telephone news conference last month that these changes are meant to allow drivers to manage challenges in their day-to-day responsibilities on their own. “They need some level of flexibility that allows them to work around,” he said. “Many of them felt they were racing the clock with those AOBRDs or ELDs.” He explains that this proposal will hopefully put more power back into drivers’ hands and allow them “to make smart decisions with regard to safety.”

The question remains, though, is the ability to choose less sleep and longer driving hours better for drivers, or will it just increase potential transport revenue? Will drivers allow themselves sufficient rest? Will they use the review factor just to add more hours onto their timesheets, thus driving even longer with possibly fewer hours of sleep?

Although breaktime flexibility is understandable, there isn’t a way to ensure drivers will be getting the rest they need to drive safely and alertly with lenient non-driving period regulation.

After PBS found in July that 60 truckers involved in fatal crashes in 2017 were either asleep or extremely fatigued, these changes don’t appear as if they’ll make a positive impact. When the effects of exhaustion are this serious and common, extending hours seems to be the last thing commercial drivers need.

General President of the International Brotherhood of Teamsters, Jim Hoffa, opposed the changes in an August 14th press release. He expressed that the labor union has “serious concerns,” and that “the FMCSA is abandoning safety and allowing drivers to push themselves to the limit even further.”

Martinez admits this proposed flexibility will not be a cure-all for safety concerns in the trucking industry, but believes they will improve overall safety. He urges participants to submit their views and research–on both what they like and dislike about the proposal.

He also says he can’t predict how long it will take to analyze stakeholder comments and decide on a final rule, but currently believes they are ahead of schedule. “Don’t give up because of the length of this process,” he urges.

Those interested in the FMCSA’s Notice of Proposed Rulemaking can present their comments at the September 17th session at the U.S. Department of Transportation in Washington, which will stream online for remote participation as well.

Public comment is set to close October 7th; American Trucking Associations and the Commercial Vehicle Safety Alliance are asking for a 30-day extension on this period. Submit thoughts on Hours-of-Service regulation changes to the Federal Register Docket here.

As Traffic in Chicago Worsens, City and Trucking Companies Forced to Change Their Practices

August 23, 2019 by Levinson and Stefani Leave a Comment

Recent reports conducted by the Texas A&M Transportation Institute and the 2019 Urban Mobility Report have discovered that Chicago is tenth in the nation regarding the number of hours that Chicagoans waste commuting, as well as ranking third in the total number of hours spent in traffic, resulting in 352 million hours. Looking at these numbers a little closer, the report suggests that due to traffic delays, commuters lose a total of $1,307 annually, a staggering number considering the cost of having a vehicle in the city and commuting to surrounding suburbs. As the Chicago Tribune reported this week on the new study, “more congestion is occurring at periods beyond what is traditionally considered “rush hour.” The author of the report, Bill Eisele, was also able to speak with the Tribune and noted that “a third of the area’s delays happened outside the peak morning and afternoon commuting times.” Why the sudden increase in traffic? While many in Chicago would agree that such circumstances have been a long time in the making, it turns out that the recent uptick in the economy is likely to blame for the increased amount of congestion. The report cites back to some of the initial data it compiled in 1982 and found that the total number of jobs has grown 50% since then, therefore meaning there are far more people not only living in the city but commuting for work as well.

Many people who already live in large cities around the United States may say that this is common sense and as jobs grow, so does the amount of people living and working in the city. To an extent, that is true; however, there are a multitude of outside factors that make traffic in cities like Chicago far worse. For instance, we previously wrote on Chicago’s history of infrastructure issues, specifically regarding crumbling roads and bridges, especially in rural Illinois. As much as we want to think those small potholes on the freeway are a very minor issue not worth dealing with, Chicago is the third largest city in the United States and should be capable of much more. It just so happens that factors such as these are exactly what the new Texas A&M study suggests are only fueling the fire that is the increase in traffic. In his interview with the Tribune, Eisele referred to a need for “squeezing more efficiency out of the system,” essentially ensuring that traffic lights are properly timed, crashes are cleared, and more efficient options, such as public transportation and working from home are provided by employers and the city.

Ultimately, the hope is that by doing what the city already is, but more efficiently, will ultimately curb this increase in traffic. Unfortunately, there is no silver bullet that will fix traffic. The City’s infrastructure can only maintain so many commuters and it needs to take this one step at a time to really begin making a difference.

Overall Effect on the Trucking Industry

As we are all well aware, the quicker truck drivers can reach their destination, the less money lost in the process. Situations such as the ones posed in Chicago and other big cities like Los Angeles and New York cost the economy and commuters a lot of money. For instance, the report cites that the total congestion cost for the freight industry in the region totals $6.53 billion annually. Not only does that truly exhibit the ramifications of traffic issues across the United States, but it shows why steps have recently been taken to help drivers reach their destinations quicker. We previously wrote on how the current administration is aiming to cut the federal drive-time regulations currently in place that protect drivers from driving while fatigued. Unfortunately, such actions as this one eventually establish greater dangers to the drivers and others on the road. So, what can actually be done to ensure that the roads stay safe for truck drivers and commuters, while limiting the amount of money lost?

Transport Topics recently reported on a study that was conducted that could help companies alleviate the affects at issue here. Overall, the study focused on nine motor carriers and their efforts to enhance their safety records. The report listed the following keys to success for companies to increase their driver safety:

Maintaining an open-door policy for drivers to discuss safety-related issues with management.
Sharing carrierwide safety indicators with management and drivers.
Improving hiring policies and training, as well as modifying driver scheduling to reduce fatigue.
Having a zero-tolerance policy for hours-of-service violations.
Informing drivers about the company’s safety culture during orientation, and having all employees participate in safety training and education programs.
The report’s authors acknowledge the industry faces significant challenges hiring and keeping drivers, but they stress companies should resist the temptation to hire drivers to fill a slot.

For further information on the findings of the study and additional tips on driver safety, click here. As traffic congestion grows, it is well known that the roads become less safe. It is important that both drivers and trucking companies do their part, then we can push on the city to keep up with the maintenance.

FMCSA Altering Motor Carrier Scoring

August 8, 2019 by Jay Stefani Leave a Comment

The Federal Motor Carrier Safety Administration (FMCSA) recently announced a plan to remove some types of truck crashes from how it tracks and scores trucking companies’ safety records. The FMCSA’s Compliance, Safety, Accountability (CSA) site, which compiles safety data on the nation’s motor carriers, had been criticized in the past for including collisions that may not have been the fault of the truck driver or trucking company. The agency has been testing the revised system since 2017, but now plans on making the changes more permanent.

FMCSA’s Safety Measurement System

“The Federal Motor Carrier Safety Administration’s (FMCSA) core mission is to prevent crashes, injuries, and fatalities related to large trucks and buses on our Nation’s roads.” Working toward this goal, the SMS is designed to help motor carriers incorporate federal safety rules into their operations. Adherence to these regulations is assessed by reviewing on-road performance and compliance, then analyzing the data into seven categories: Unsafe Driving, Crash Indicator, Hours- of-Service Compliance, Vehicle Maintenance, Controlled Substances/Alcohol, Hazardous Materials Compliance (HM), and Driver Fitness. These categories are referred to as Behavior Analysis and Safety Improvement Categories, and are commonly referred to as a BASIC score. The BASIC score for every motor carrier in the United States is used to create a percentile-based safety ranking.

The Crash Indicator category had included all crashes involving a motor carrier’s trucks, regardless of fault. While this made the scoring system easier from a data-collection standpoint, it drew the ire of the trucking industry because it arguably penalized a truck or bus driver for a crash that was caused by someone else.

Certain types of truck crashes eligible for review

The “new” program will allow carriers, including owner-operator truck drivers, to contest certain crashes. If the crash is determined not to be the fault of the carrier or driver, the resulting points would be removed from the Crash Indicator score, thereby improving (or, more accurately, not reducing) the percentile ranking.

With the program, the following types of crashes are eligible for review:

When the commercial motor vehicle (CMV) was struck by a motorist driving under the influence (or related offense)
When the CMV was struck by a motorist driving the wrong direction
When the CMV was struck in the rear
When the CMV was struck while legally stopped or parked, including when the vehicle was unattended
When the CMV struck an individual committing or attempting to commit suicide by stepping or driving in front of the CMV
When the CMV sustained disabling damage after striking an animal in the roadway
When the crash was the result of an infrastructure failure, falling trees, rocks, or other debris
When the CMV was struck by cargo or equipment from another vehicle

Beginning in October, the FMCSA will begin accepting review requests for the following additional types of truck and bus crashes:

When a truck is hit by a vehicle that did not stop or slow in traffic.
When a truck is hit by a vehicle that failed to stop at a red light, stop sign or yield sign.
When a truck is hit by a vehicle that was making a U-turn or illegal turn
When a truck is hit by a vehicle driven by a driver who experienced a medical issue that caused the crash.
When a truck is hit by a driver who admits to falling asleep or being distracted (by a phone, passengers, etc.)
When a crash involves a driver under the influence.
When a crash involves a driver operating in the wrong direction, even if the truck was hit by another vehicle other than the one driving in the wrong direction.

Potential impact

As with many revisions to regulations and review processes, the potential impact will likely not be fully seen for some time. From a common sense standpoint, it seems fair that carriers shouldn’t be penalized for a crash that is neither their nor their driver’s fault. While that is true, there are questions that need to be addressed:

Who reviews the requests?
What kind of investigation is involved in the review?
Will there be transparency?
Will the review process be adequately funded and staffed? Or will a backlog of requests lead to nothing happening?

If the plan works as intended, it should result it more accurate safety rankings for carriers. This would, in theory, lead to safer motor carriers have better scores, and less safe motor carriers having worse scores. Obvious as this may seem, it is critically important for people who care about highway safety. A more credible scoring system would allow companies to select safer carriers to transport their cargo. A more reliable safety ranking would let shippers avoid carriers that cut corners and ignore rules and regulations intended to protect the general public.

Speaking from experience handling numerous truck crash cases, the truck is not always at fault. Or, I should say, one of the trucks isn’t always at fault. In many of our trucking cases, we represent a truck driver who was hit by another truck. Being on the road so frequently, it stands to reason truckers are more exposed to getting hit by other trucks. In a very real sense, safe trucking benefits truckers. Adhering to hours-of-service limits, hiring qualified drivers, and implementing drug awareness programs are all examples of actions carriers should be rewarded for. Safe truckers and truck companies that follow the rules should be advocating for any system that ranks them higher than those that do not.

Correctly identifying who is safe and who is not is a step in the right direction for everyone.

Is The Truck Driver Shortage Making Our Roads Less Safe?

July 26, 2019 by Levinson and Stefani Leave a Comment

There aren’t enough truck drivers to fill the needs of the market. Back in 2015, the American Trucking Association, an industry advocacy group, published a report detailing the trucking and transport industry’s struggle to find enough drivers. The report found that the shortage reached 38,000 in 2014 and was expected to reach 48,000 by the end of 2015. By the end of 2018 the number jumped to 60,800, and it’s estimated to more than double over the next decade.

Why are there so few drivers?

There is more than one reason. There is an aging workforce. The industry is not attracting many women to enter the profession. Notably, there is a lack of qualified candidates for trucking companies to choose from.

Quality over quantity is the better way to go.

Professional truck drivers are held to a higher standard than other commuters. The Federal Motor Carrier Safety Regulations (FMCSR) is a set of rules that apply to nearly everyone who operates a commercial motor vehicle. The FMCSR covers topics including driver qualifications, safety requirements, how many hours a driver can remain on duty, and the penalties for violating rules.

If a police officer pulls over a family car, there is no driver log inspection. A group of friends taking a cross country road trip will not be decommissioned for failing to show how many hours the current driver has been behind the wheel. Obtaining a commercial driver’s license (CDL) requires much more training than a regular driver’s license does. At a minimum, getting a CDL, requires getting a permit to train with a CDL holder and passing a skills test.

Behind all the news about a driver shortage, is a recent shift in how the United States tackles the issue itself. There has recently been a new focus on deregulating the trucking industry as the United States continues to find ways to make truck driving more alluring to newcomers. As we recently wrote, the FMCSA will likely be having its longstanding drive time rules deregulated as a way to not only place more money in the pockets of truck drivers, but to help drivers get to their destination much quicker. Unfortunately, it has been shown that acts such as this one actually do more harm than good. While it is great that drivers will be able to ship products at a quicker pace, it has actually been shown that leniency with these drive-time rules has a negative impact on overall crash-rates across the US.

While safety remains a serious concern, there are issues that must be addressed.

Trucking industry publication, Heavy Duty Trucking, recently wrote an article regarding the driver shortage. Within the piece, they were able to interview Bob Costello, the Chief Economist from the American Trucking Associations (ATA). In response to a recent report that Costello released regarding the driver shortage, he stated that “the shortage probably seems much worse to carriers because we’re only talking about the quantity of drivers and they [fleets] also have to be concerned with the quality of the drivers they hire.” And that alone is the crux of the issue at hand. At what point does the safety of drivers and those on the road take a back seat to ensure the industry does not falter as a whole?

There are options to delay the effects of the shortage.

While the government is now working to change the regulations revolving around drive-time for commercial drivers, this solution really doesn’t act as a solution at all. It places drivers at risk of increased fatigue instead. With that being said, Heavy Duty Trucking acknowledged that Costello did provide a list of solutions in his recent report that trucking companies may adopt as a way to counteract the estimated reduction of drivers in the industry:

Driver pay increases
More at-home time
Improved driver image
Better treatment and reduced wait times (at shippers)
Transitioning military personnel to truck driving
Lowering the age for interstate operation

Just like everything in life, there is no silver bullet solution to issues that affect everyone. While many may believe that such actions as deregulating current rules will help the industry be more appealing or increase driver pay, there are clearly pros and cons to that approach. It is up to companies to speak up and acknowledge that driver safety must be at the forefront of each of these decisions. If companies can begin understanding and trying to implement these potential solutions, it just may counteract the inevitable shortage in the industry and keep drivers far safer on the roads in the meantime.

Trucking Industry to Have Drive-Time Rules Deregulated

July 12, 2019 by Levinson and Stefani Leave a Comment

Under the Trump Administration, the Transportation Department is looking to curb a longstanding rule, which requires drivers to stop driving once they hit their 14^thhour on the road. In addition to mandating that commercial drivers stay off the roads once they hit this limit, they must then take 10 consecutive hours off from driving before they can get back on the road. For those drivers who are set to drive for more than 8 hours at a time, it is also mandatory that they take a 30-minute break prior to reaching the 8-hour mark. The Trump administration and trucking industry lobbyists argue that these rules, regulated by the Federal Motor Carrier Safety Administration (FMCSA), go too far in regulating commercial drivers due to the overall effect that inclement weather, poor traffic, and the rules themselves have on drivers being able complete their deliveries in a timely manner.

While those lobbying for changes to the current rules state that the regulations hinder driver’s abilities to get paid and ultimately keep truck drivers off the roads, the most important thing to remember is the reason as to why these rules were adopted in the first place. Just like any job throughout the United States, it is mandatory that employees be given at least a 30-minute break for every 8 hours of work. In any job, these breaks are mandatory to ensure that employees are not overworked and as we all know, if we are overworked, our productivity takes a significant hit. With that being said, why should the rules be different for truck drivers? Because America is so dependent on ground shipping and can’t be forced to deal with delays? The point of this is to say that the data in no way supports the argument that these lobbyists are making. As PBS NewsHour reported on July 1^st, “there were 4,657 large trucks involved in fatal crashes in 2017, a 10% increase from the year before, according to a May report issued by the Federal Motor Carrier Safety Administration . . . Sixty of the truckers in these accidents were identified as ‘asleep or fatigued,’ although the National Transportation Safety Board has said this type of driver impairment is likely underreported on police crash forms.”

Ultimately, this news will mean that if federal regulations are relaxed, allowing commercial truck drivers to stay on the road longer, safety measures will come down to self-checks by the drivers. All drivers should become knowledgeable of safety tips to ensure they are keeping the roads a safe place for all drivers, no matter the importance of meeting delivery needs. Here is a pamphlet created by the CDC, which provides great tips and resources for such things as sleeping disorders, driving at night, and drowsy driving. It all comes down to staying safe on the roads. Statistics establish that truck drivers who are fatigued do pose a serious risk to other drivers, so be sure to review the material available and keep others safe.

Sleep Apnea Proves to be a Contributing Factor

As we are aware that fatigued driving already plays a major role in traffic crashes throughout the United States, it’s important for us to remember that some drivers may also be experiencing certain conditions that naturally make driving fatigued a regular part of their day. This fatigue is then only made worse by the fact that drivers are working incredibly tough jobs. An article published by Sleephelp, states that “sleeping with sleep apnea causes the same amount of fatigue as getting less than 5 hours of sleep per night . . . Sleep apnea is exacerbated and, in some cases, caused by obesity. Since truck drivers are among the most likely workers to be obese (38.6% struggled with obesity, according to one study), sleep apnea and the ensuing drowsiness is more likely to be an issue for them that it is for other people.” Similar to a recent post we wrote regarding drug use among commercial truck drivers, we are not saying that each truck driver is affected be these types of sleeping disorders or levels of fatigue; however, the statistics show that people within the industry are more likely to experience these issues. In addition to the factors likely to lead to sleep apnea, the FMCSA has also provided information regarding the overall risk factors and symptoms associated with the sleeping disorder. Overall, the FMCSA list the risk factors of sleep apnea as:

A family history of sleep apnea
Having a small upper airway
Being overweight
Having a recessed chin, small jaw, or a large overbite
A large neck size (17 inches or greater for men, 16 inches or greater for women)
Smoking and alcohol use
Being age 40 or older
Ethnicity

Additionally, according to the FMCSA, the symptoms of sleep apnea include:

Loud snoring
Morning headaches and nausea
Gasping or choking while sleeping
Loss of sex drive/impotence
Excessive daytime sleepiness
Irritability and/or feelings of depression
Disturbed sleep
Concentration and memory problems
Frequent nighttime urination

Overall, if you have concerns that you may be afflicted by sleep apnea and its overall effects on your ability to drive, feel free to go ahead and download this form, which helps inform individuals on how to deal with the disorder. By learning about this disorder, especially by individuals within the trucking industry, it will go much farther in establishing safer roads for all.

Why Do Federal Rules Apply to Truck Drivers – Chicago Truck and Auto Crash Lawyers Explain

July 10, 2019 by Levinson and Stefani Leave a Comment

Commercial truck drivers are held to a higher standard than other drivers on the highway. They travel in larger vehicles that take longer to stop and take up a much larger area of the road than a passenger car does. Additionally, semi-trucks are not only regulated by the state rules of the road wherever they happen to be at any given time, but also federal law because they cross state lines on a regular basis. That is why, when people are injured in crashes involving large trucks and semis, it is important to contact an experienced attorney who is familiar with federal truck regulations.

Holding Commercial Drivers Accountable for Failing to Follow the Rules

Proper space management allows professional truck drivers to keep a safe distance from other travelers or hazards they may find on the road and it is vital for avoiding collisions. Truck drivers should be aware of their surroundings. This means not only paying attention to what is in front of them, but also to what is behind them and on either side of their vehicle. Semi-trucks take up far more space than most other vehicles. By keeping plenty of space between themselves and other cars and objects on the road, truck drivers can give themselves enough space to maneuver out of the way when something unexpected happens.

Professional Truck Drivers Should Expect the Unexpected

Vehicles on the highway are moving at a high rate of speed. A commercial driver cannot rely on other motorists to always be predictable. Traffic jams can spring up, virtually out of nowhere, and drivers need to be ready to slow down, stop, or move out of the way. This unpredictability requires drivers to be diligent and hyper aware. Also, since trucks are so much bigger than other vehicles, they need more time to stop. Drivers who leave themselves more space on the road have more time to act in case there is a sudden change in traffic patterns. A semi-truck should not follow closely behind other vehicles.

A Second for Every 10 Feet

There is a formula that most truck drivers are taught in order to measure safe distances on the highway. Most people have heard of the “2 second rule” when it comes to calculating safe distances between cars on the road. For Professional drivers, the rule of seconds starts at 4, not 2.

Figuring out how much space a commercial driver needs in order to stop safely to avoid a collision requires some pretty straight forward arithmetic. Generally, a driver needs at least 10 feet of space in front of his or her truck for every 10 feet of the length of their vehicles when traveling under 40 miles per hour (MPH). For speeds about that, drivers need to add another second. Calculating this is not hard because professional drivers should know how long their vehicles are.

A common length for a single tractor-trailer is 60 feet. When driving under 40 MPH, a trucker would need 6 seconds of space ahead of his or her cab in order to keep a safe distance. Once that truck goes over 40 MPH, the time doubles and 12 seconds is needed to have enough room to maneuver safely.

Professional drivers are not the only ones who can use the “seconds rules” to figure out where they should be on the road relative to other vehicles. A person in a passenger car can utilize his or her rear-view mirror to gauge how far a truck is traveling behind them.

The more vigilance used by all commuters will go a long way in getting people to their planned destinations safely.