Trucking Industry

Yearly Rear Underride Guard Inspections Now Required After FMCSA Announces Final Rule

November 11, 2021 by Levinson and Stefani Leave a Comment

The list of annual inspections for motor carriers and roadside inspectors will now include rear underride impact guards, as added by the Federal Motor Carrier Safety Administration in a final rule to amend specific safety regulations.

This rule was scheduled to be posted this week in the Federal Register and serves as a method of addressing comments from Congress, Government Accountability Office recommendations, and Commercial Vehicle Safety Alliance rulemaking petitions. It also adds that RCC trailers do not need a rear impact guard, and specifies the definition of horizontal discharge trailers controlled by road construction.

“The impacts of this final rule are de minimis, and therefore, the final rule does not have a significant economic impact on a substantial number of small entities,” said FMCSA.

In fact, the final rule explains that it should not significantly impact a majority of motor carriers which have needed to have rear guards installed on their trucks since 1952; however, the mandate does follow up on December 2020’s proposed rule regarding the same issue.

“The best underride guard is the one that’s never put to the test,” said American Trucking Associations in a Tweet. “Education and safe, responsible driving are the best way to prevent crashes.”

According to FMCSA, passenger compartment intrusion occurrences during an incident involving a passenger vehicle colliding with the back of a commercial motor vehicle are highly reduced by rear-end protection and rear impact guards installed on heavy commercial trucks.

Still, trailers have often been in violation of such regulations for the past 23 years–specifically when their rear impact guards were either not sufficiently attached to the trailer or were missing completely. These violations could include guards that were missing fasteners, had cracked parent metal, or were otherwise damaged or broken in a way that prevented proper attachment.

Efforts to require side guards have been opposed by industry trade groups, although the new inspection requirement has been largely supported. However, CVSA lamented that most commercial motor vehicles are not inspected each year, even though rear-end/rear impact guard protection is indeed part of the North American Standard Inspection Program’s roadside inspection process.

“According to data available through FMCSA’s Analysis and Information Online webpage, in fiscal-year 2017, inspectors documented more than 2,300 violations related to rear impact guards and rear-end protection–more than half of which are for components that are missing, damaged, or improperly constructed,” said FMCSA.

This rule will bring necessary focus to this kind of truck safety, the agency added.

“Including rear impact guards and rear-end protection in the periodic inspection requirements will call additional attention to this critical safety component and help ensure that each vehicle is checked at least once a year, improving compliance and helping to prevent fatalities and injuries when rear-end collisions occur,” FMCSA continued.

The rule will also help continent-wide inspection efforts, as the United States, Mexico, and Canada will now all have the same rear-end protection requirements.

“Including rear impact guards and rear-end protection in the periodic annual inspection standards will harmonize U.S. regulations with those in Canada and Mexico, which include rear impact guards and rear-end protection as part of their annual inspection programs,” said the agency.

Congressional investigation office, GAO, has received requests from senators to further review truck underride crash data and information following GAO’s performance audit between January of 2018 and March 2019. This audit included stakeholder interviews and literature analysis regarding underride guards and crashes; these interviews included members of safety groups, state officials, and Department of Transportation members.

“Although reported underride crash fatalities represent a small percentage of total traffic fatalities, they present a greater risk of fatalities or serious injuries,” said GAO in its 2019 report.

When the rule proposal was first announced, Collin Mooney, Executive Director of CVSA, noted that rear underride guard checks would become part of the regular truck inspection process, as CVSA inspectors had not been citing truckers for violations when a loose or damaged rear guard was found.

Now, “we obviously will inspect [underride guards] as well,” Mooney said. “We’ll be taking a closer look at underride guards.”

Ken Levinson Weighs in on the Importance of Safety Culture as Truckers are Recognized for Safety Efforts

November 10, 2021 by Levinson and Stefani Leave a Comment

Many members of the trucking industry who have gone above and beyond in regards to safe driving, industry improvement efforts, and community aid were recognized by the American Trucking Associations at its recent Management Conference and Exhibition.

One important award was given to John Christner Trucking’s Larry Miles–the Driver of the Year Award. Miles, who has been working as a professional trucker for 57 years, has completed more than 7 million accident-free miles in his career since he began his work transporting telephone poles in 1961.

“Larry is more than deserving of this recognition,” said FedEx Freight driver, Dion Saiz, who presented Larry with his award. “He has dedicated his life to driving safely. He is a hardworking professional who is willing to share his experiences with his fellow drivers.”

J.B. Hunt also hosted an event recently to recognize 116 of its drivers for reaching the million-mile mark without having been involved in any preventable accidents.

“Our Million Mile drivers represent the epitome of who we want all our drivers to be,” said J.B. Hunt’s chief operating officer and president of contract services, Nick Hobbs. “It’s their unwavering commitment to be the very best at what they do that makes this accomplishment so special. We couldn’t do what we do without them.”

At the Million Mile Celebration, J.B. Hunt drivers who were celebrated had reached anywhere between 2- and 5-million miles driven without accidents.

It was also clear at this event that drivers were thrilled to be recognized for their safety efforts, as they got to walk in the company’s Million Mile Walk of Fame and have their names listed on J.B. Hunt’s Million Mile Wall–a wall filled with the names of nearly 4,000 truck drivers who have driven between 1 million and 5 million safe miles.

“We’ve been hosting this ceremony for 20 years, and I believe we’ll be doing it for 20 more,” said John Roberts, CEO of J.B. Hunt. “The atmosphere is electric. There’s so much excitement to celebrate our drivers and their achievements.”

It’s clear that companies like John Christner and J.B. Hunt have made a point to prioritize driver safety and do their part to keep our country’s roadways as safe as possible when their truckers are sharing the roads with us–something especially commendable when American roadways have seen the highest numbers of traffic deaths in 15 years.

“We applaud safe trucking companies and the members of the industry who look at safety culture as a priority,” said Levinson and Stefani’s Ken Levinson. “We’re all for safe drivers and for keeping everybody healthy, safe, and able to use our roadways without injury.”

Levinson noted that because his firm focuses on auto injury cases, folks may think he and his partners denounce all trucking companies, when the goal is just to hold these companies accountable for the role they play in traffic safety.

“We’re not looking to vilify every trucking company, because there are some good ones out there,” he said. “Our mission is to hold the unsafe companies accountable when they violate safety rules, and when those consequences create havoc for our clients. We’re not against truckers, in fact, we represent a lot of hardworking men and women who are commercial drivers, and we understand very well the pressures they’re under, how difficult of a job it is, and all the obstacles they have–and we tip our hats to drivers who are accident-free and look at safety as a high priority.”

In fact, Levinson said it’s in a trucking company’s best interest to take safety concerns to heart, because not only is hiring the safest drivers possible the best thing to do for a company’s community, but it will benefit it highly in regards to the longevity of its services.

“I think in the long run, it would be more profitable for a trucking company if they prioritize safety,” Levinson continued. “Skirting around safety rules and hiring unsafe drivers who have been in multiple crashes in the past might be a good strategy for the short term, but in the long run–and to do the right thing–it’s much better to have a safety culture that regards safety on our roads as a high priority.”

The Future of Environmental Responsibility in the Trucking Industry

November 2, 2021 by Levinson and Stefani Leave a Comment

“Lots of people look at sustainability through different lenses,” said American Trucking Associations’ energy and environmental affairs counsel, Glen Kedzie. “Some look at it as addressing climate change, reducing carbon emissions; others are more expansive in their view of it.”

Industry experts at ATA’s Management Conference and Exhibition discussed the methods of addressing sustainability in transportation. Trucking, in particular, has been facing a lot of pressure to step up to environmental governance, according to Kedzie–although he noted that the supply chain needs particular focus.

“It’s not just from trucks,” he said. “You have to look at what happens coming up to the truck level and then after the truck level. The supply chain can be responsible for up to five times the greenhouse gas emissions [as much] than from just one singular source [or] from an individual company.”

Some federal and state regulations are in the works, such as truck-specific regulatory standards created by the U.S. Environmental Protection Agency. Kedzie added that trucking companies should be aware of these potential rules that will urge for lower emissions from all commercial vehicles sooner than later.

“We have the EPA Phase 3 rule,” he said. “They will set the carbon metrics so low–without mentioning any technology path, that the only way that you’ll be able to achieve those standards will be to buy a battery-electric, hydrogen fuel cell or renewable diesel vehicle.”

Because the supply chain creates so much of our carbon emissions, investors and environmental organizations have a laser-focus on their operations, Kedzie explained–in fact, 90% of carbon dioxide emissions throughout the entire country are a product of the trucking industry.

“Climate change is a major driver [of this attention],” he said. “But, there [are] a lot of other drivers that are making leads as businesses consider sustainability. The public image is very important to all of us here in this room.”

Kedzie also explained that the industry can indeed make money by becoming more environmentally friendly.

“Profitability can go hand-in-hand with sustainability. There are lots of legal considerations you have to take into account. There’s lots of litigation across the country,” he said.

Still, the trucking industry has made so many progressive changes and has made clear its vital role in the American economy, added Daimler Trucks North America’s vice president of product compliance and regulatory affairs, Sean Waters.

“Heavy-duty trucks make life better,” he said. “Heavy-duty trucks save lives–and this industry has been an unquestioned partner working with the EPA, working with California, on top [of complying with] enforceable emissions regulations for decades.”

This has, indeed, made a difference, Waters added.

“[That effort] has led to cleaner air,” he said. “It led to a reduction in CO2.”

Additionally, younger drivers entering the industry have more progressive expectations when it comes to sustainability, and trucking will have to step up in order to keep them interested–especially given the current truck driver shortage.

“It’s not a passing fad,” said Kedzie. “You’re going to be playing in this space. If you aren’t playing in this space, you will have to play in this space because everyone is wanting fleets to be more accountable.”

Environmental justice is also a primary concern for the Biden administration, which means there will be many more environmentally-aligned regulations in the works–which will be in addition to current investor and consumer pressure, Kedzie said.

“Shippers want to become greener,” he explained. “We have shareholders that are putting on pressure. They want to know where investments are being made. They want to see if those investments account for the use of green fuels and green technologies. We have Wall Street pushing back on us hard. We have lenders pushing back on us hard. We have the insurance industry pushing back on us hard.”

At the end of the day, most carbon emissions are coming from older trucks, and as new trucks are made to be more sustainable, fleets will begin saving more funds on overall fuel consumption, as well, Waters noted.

“Trucks are the backbone of our economy,” he said. The trucks that we build are safer today–cleaner today–than they’ve ever been, and we need to start by recognizing the positive contributions we’ve made before we start talking about the next round of regulations and before we talk about trucks being the problem.”

Supply Chain Challenges Rage On, Bringing Added Pressure to Truckers Ahead of Holiday Season

October 29, 2021 by Levinson and Stefani Leave a Comment

“What we have is a storm within a storm,” said Logistics Professor at the University of Houston, Margaret Kidd. “Consumers have insatiable demand, and consumers are spending. E-commerce numbers through the second quarter of this year are up 57% from two years ago.”

The current supply chain is being stretched thin–with pressure being exacerbated by the e-commerce boom brought about by the pandemic. Significant policy updates are needed, industry experts say, as well as as innovations by transportation leaders, time, and money.

The upcoming holiday season is going to add further difficulty when more shoppers are hitting the internet and exponentially increasing demand.

“We don’t have an infrastructure that was prepared for this,” said Terry Esper, Logistics Professor at Ohio State University. “This is not just a holiday thing. This is not just a demand spike thing. This is about the economy being able to function.”

Of 2018’s retail sales, Esper noted, e-commerce represented about 13.8%–a figure predicted to grow an additional 26% by the year 2025.

The current truck driver shortage, on top of a warehouse and transportation industry labor shortage of about 490,000 employees, according to the U.S. Department of Labor, is adding additional stress to the situation.

“These are not easy jobs to fill,” said Mark Baxa, President of the Council of Supply Chain Management Professionals. “Let’s continue to find ways that make work-life balance as favorable as possible, and we’ll attract more people to the industry. We need to improve work-life balance, support driver health, and [improve] work conditions and compensation. We need to keep working at it.”

Enticing more workers to enter the transportation industry also means that further cost increases will come into play–more companies will need to boost spending on not only employee salaries and benefits, but on technology as well.

“Part of our supply chain constraint is labor,” said Esper. “If you want access to labor, you’re going to start to have to look at what you pay. We also need to look at technology, and now is the time to consider more investments in more automated operations, robotics, and such. There is a business case for this, and the writing is on the wall.”

With these shortages on top of an incredibly aggravated supply chain in the midst of a higher-than-ever e-commerce demand, the truck drivers that are stepping up to serve the public during this time will be put under enormous pressure by consumers and trucking companies alike.

“I understand the pressures, economic and otherwise, of labor shortages and supply chain issues, but we have to be very conscious and deliberate to not let that get in the way of safety measures,” said Levinson and Stefani’s Ken Levinson. “We also want to make sure that we’re not letting outside influences put pressure on companies and drivers to do things that aren’t safe, even with these added pressures that we have right now. It’s just not worth the risk.”

Because of this, Levinson wants to be sure that all passenger drivers are staying as defensive and aware as possible while sharing the road with commercial motor vehicles–especially during the holiday season.

“Just be aware and follow all the safety rules–especially in regards to speeding,” he said. “Don’t be a distracted driver, and be very careful of improperly using your phone. If you have to use your phone, make it hands-free–don’t, under any circumstances, text while driving. The consequences can be devastating. It’s hard enough to drive safely in normal circumstances, but if you add speeding or distracted driving or texting, and even inclement weather during the holidays, it’s just a recipe for disaster.”

Of course, these are all suggestions we hear often as drivers, but it’s vitally important that we do what we can to stay as safe as possible around these truckers who could be rushing to make a delivery on time, or who may be fatigued after spending incredibly long hours on the road.

“Your own vehicle could be in a tough spot with all those factors,” added Levinson, “and when you couple it with a truck driver who may be overworked, tired, unhealthy, speeding, and distractedly driving or using a phone–it could be catastrophic.”

Exceptional Truck Drivers Recognized at ATA Event

October 28, 2021 by Levinson and Stefani Leave a Comment

Many truckers were recognized for their efforts throughout the industry at American Trucking Associations’ Management Conference and Exhibition this weekend.

ATA’s Driver of the Year Award was given to John Christner Trucking’s Larry Miles, who has been working for 57 years as a professional driver covering more than 7 million accident-free miles since he began his career hauling telephone poles in 1961. Now, he travels an average of 140,000 miles per year for his work.

“Larry is more than deserving of this recognition,” said award presenter and FedEx Freight driver, Dion Saiz. “He has dedicated his life to driving safely. He is a hardworking professional who is willing to share his experiences with his fellow drivers.”

Additionally, the members of LEAD ATA were presented at the conference. LEAD ATA is a training program offering professional training and education for trucking professionals looking to boost skills regarding further industry insight and problem solving.

“I hope you share the same excitement and enthusiasm I have for the future of this great industry and the LEAD ATA program for fostering the next generation of leaders who will take us to new heights,” said DriverReach founder and CEO, Jeremy Reymer, at the conference. “The trucking industry is at an inflection point. I recognize firsthand the importance of innovation and progress.”

The Management Conference and Exhibition also saw the 2021 Cathy Evans Highway to Victory award presented to Robert Low, Prime Inc.‘s president and founder. This particular award was created to recognize members working to advance the industry’s legislative agenda, and is named for former ATA vice president of legislative affairs, Cathy Evans.

“This year, I couldn’t be more proud than to be associated with an industry like the trucking industry,” said Low. ”Our folks have stepped up and we’ve delivered the goods and food and pharmaceuticals to the public.”

Low has made major efforts in leading the industry in aspects like accident litigation, as well as in congressional leader relationships to boost independent contract situations and federal preemption efforts.

“I feel like we’ve made real progress with getting recognition for the contribution of the trucking industry,” Low continued. “And in particular, our drivers–they have done great work.”

The Mike Russell Trucking Image Award was won by Carbon Express, the Indiana Motor Truck Association, and FedEx Freight trucker Wayne Crowder. This award was established to recognize individuals, companies, and groups who work to create a positive public image of the industry.

“The trucking industry is the backbone of our economy and lays a critical role in not only maintaining but also supporting overall economic growth,” said Great West Casualty Co. executive vice president, Steve Ponder. “Many, however, take for granted the importance of our great industry and the dedicated unsung heroes who work tirelessly with professionalism to ensure that we have the essential items that guarantee our prosperity.”

UPS was also given an award at the event–the 2021 Truckers Against Trafficking Champion Award created to celebrate work being done in the industry to fight against human trafficking.

“Over my almost 38 years at UPS, I’ve been involved with many boards,” said UPS’ president of corporate transportation, Lou Rivieccio. “Never to discount the great work that goes on with other boards and agencies, but Truckers Against Trafficking really hit a nerve for me, as I’ve been blessed to [raise] three wonderful daughters. Although adults now, don’t think for one minute I haven’t played the possibility in my mind that no one is immune from the terror that comes with trafficking.”

Finally, two truckers were celebrated for their efforts in helping communities heavily impacted by natural disasters.

COO of Frisard Cos., Cully Frisard, and retired driver and Convoy of Hope volunteer, Gene Woolsey, were recognized as Trucking’s Frontline Heroes for 2021.

“This year, Transport Topics honors two exceptional individuals who use their industry experience to help thousands of individuals impacted by some of this year’s devastating storms,” said Transport Topics publisher, Sue Hensley.

Hensley also noted that the two truckers worked to help a variety of families, communities, and individuals struggling to recover from recent natural disasters.

“As everyone in this audience knows,” she said at the event, “trucking is an industry full of heroes…full of individuals willing to put others and the common good ahead of their own interest.”

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

October 26, 2021 by Levinson and Stefani Leave a Comment

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.