Levinson and Stefani Injury Lawyers

Client-first legal representation for injury victims. Injured? Free Consultation:

(312) 376-3812

trucking laws

Crashes Continue in Winter Weather; Safer Driving Practices are Vital, Ken Levinson Says

by Leave a Comment

Winter weather has taken its toll across much of the midwest and east coast, with incoming storms that have been quite unexpected–and severe.

This month, we’ve already seen arctic air surges throughout the Northern Plains and the Midwest, heavy snowfall across New England and the Northeast, and even inclement weather and snow storms in the Pacific Northwest and Northern Rockies.

In the first few weeks of the year, many states have been seeing concerning incoming weather systems that have raised worries for truck drivers and passenger drivers alike. Low pressure off of the Mid-Atlantic coastline made its way northeast, bringing moderate and heavy snowfall to areas across New England–with snowfall of up to 8 inches showing up in eastern Massachusetts, eastern Connecticut, Maine, and Rhode Island.

“High winds are expected throughout the state, increasing the danger of downing powerlines and trees,” said the Maryland State Highway Department.

“There will be high wind warnings for much of the state today, and likely closures to Light and High Profile Vehicles,” said the Wyoming Highway Patrol. “Please monitor wyoroad.info or 511 for updates on opening times for I-80, as well as potential wind closures. If [or] when it opens, please be safe and allow extra travel time.”

Snow bands formed throughout the Great Lakes, with other cold weather systems making their way throughout the Northeast and Mid-Atlantic. Additionally, the Northwest saw heavy amounts of moisture, with one-to-two feet of snow showing up across the Northern Rockies. Blizzard warnings have been in effect due to heavy winds and drifting snow throughout the Northern Great Basin and Northern Rockies, as well, with another arctic cold front showing up later throughout the Midwest and Northern Plains. This cold front brought with it freezing rain, along with more snow–especially across the Midwest.

As was to be expected, roads across the country began seeing various crashes and incidents taking place, often shutting down stretches of highway.

“A tractor-trailer rollover on Interstate 95 north at Exit 90 by the Mystic Aquarium caused over 400 feet of damage to the wire rope guardrail and has [a] portion of the highway shut down right now,” said the Connecticut State Police in a social media post. “Thankfully, there were no other vehicles involved and no one was injured.”

Troopers in Jackson also brought attention to snow-caused accidents, tweeting: “Troopers are currently on the scene of a crash that had the westbound lanes of I-40 shut down at the 93.2 mile marker. Please use caution and seek an alternate route if possible.”

Connecticut police also called for safer driving during this kind of weather. “These crashes are preventable,” they continued in their post. “We urge commercial drivers to reduce their speeds in these poor weather conditions. Doing so can help prevent costly damages and tragic crashes.”

Levinson and Stefani’s Ken Levinson agreed with this call for safety, noting that distracted or lazy driving can be detrimental during this time of year–especially when it comes to sharing the road with heavy duty trucks.

“You should always drive defensively and be very cautious of trucks near you, especially in bad weather,” he urged. “You never know who’s driving the commercial vehicle in front of you–it may be a trainee, someone underqualified, someone who’s had previous crashes who shouldn’t be behind the wheel at all…they could be distracted, beyond their hours of service, and tired, so be very, very cautious.”

In case these warnings fall on deaf ears, Levinson reiterated that devastating accidents do indeed occur often–particularly when someone isn’t paying close enough attention to the road or is too impatient while driving in inclement weather.

“We see a lot of crashes in the cases brought to our office in which the crash occurs because the driver wasn’t trained well, was distracted, or was tired, so extra caution needs to be taken in this kind of weather,” he noted. “Impatience is something we all face on the road. There’s a dynamic where you’re frustrated, you want to get to where you have to be, and it’s just not worth it to speed or pass a vehicle improperly or cut corners. In the long run, you want to be patient so you can get to your destination in one piece. It’s easier said than done sometimes, I get that, but it’s all the more reason to stay safe when a truck is in the vicinity–it’s just too dangerous.”

Is Allowing Teenage Truckers to Haul Interstate Cargo the Answer to the Driver Shortage? Industry Groups Say Yes

by Leave a Comment

“Regulatory flexibilities, especially during emergencies, are vital to supply chain continuity,” wrote a coalition of trucking industry groups in a recent letter to President Joe Biden.

This statement comes as part of an overarching request to ease federal truck driver testing requirements in an effort to find a solution for the current ongoing truck driver shortage in the United States. This particular request calls for methods of allowing teenage drivers to begin entering the industry as interstate truck drivers.

In fact, new legislature implemented by Biden will allow drivers between the ages of 18 and 21 to operate commercial motor vehicles across state lines as part of a three-year pilot program. This program–which became part of the new infrastructure bill as a way to help the trucking industry meet demands at a time where the driver shortage has reached 80,000 truckers–has received strong opposition from industry safety advocates. The most prevalent argument against the new rule? Teenage drivers are involved in car accidents and crashes at a rate of four times more than their older counterparts.

“Allowing teens to drive big rigs across state borders in the face of research showing that this age group has significantly higher fatal crash rates is reckless and dangerous,” said co-chair of Parents Against Tired Truckers, Russ Swift. “An empty store shelf is not as tragic as an empty chair at Christmas dinner because your loved one needlessly died in a crash caused by a teen trucker.” 

Advocates for Highway and Auto Safety president Cathy Chase agreed, noting that allowing such young drivers to operate CMVs would allow for “inexperienced, risk-prone teenagers” to bring higher safety risks to everyone on the road.

In addition, more flexible hours-of-service regulations have been extended during the pandemic and the shortage, continuing from a Trump-era exemption allowing drivers to extend their on-duty periods to 14 hours and to be able to split their rest breaks how they’d like. Initially, truckers were limited by the Department of Transportation to driving only 11 hours a day with at least one mandatory half-hour break in the first eight hours of their on-duty period. This flexibility arguably worsens the ongoing issue of truck driver fatigue, which reduces overall safety on America’s roadways.

“Long workdays, excessive driving hours, and unreasonable delivery demands jeopardize the safety of truck drivers and motorists,” said president of the Truck Safety Coalition, Dawn King.

Still, the trucking industry stays convinced that the most practical way to ease the shortage, boost the economy, and meet rising e-commerce demands is to lower the minimum age of transporting this cargo.

“Older drivers are leaving and retiring, and we’re not bringing in younger drivers to replace them fast enough,” said John Stomps, CEO of Total Transportation of Mississippi, noting that he believes this is the only way to help the current strain on the country’s supply chain.

Executive vice president for advocacy at American Trucking Associations, Bill Sullivan, has tried reassuring these safety advocates that trucking companies will prioritize safety when they onboard such young interstate truckers.

“The last thing any of our members want to do is do this unsafely,” he said. “We want to produce a driver who is at least as safe as a21-year-old.

The coalition of trucking industry organizations that wrote to Biden about pushing forward regulation relaxations are also working to ensure truck drivers are not mandated to become vaccinated against COVID-19, claiming that truck drivers spend the majority of their work days alone. Because of this, they believe a mandate would be unnecessary and may cause more truckers to leave the industry itself.

“We’re not anti-vaccine, but in our survey of 120,000 truckers, 50% were vaccinated and 50% weren’t vaccinated,” said Sullivan. “37% of all drivers said they would go to a company that doesn’t have a vaccine mandate or leave the industry altogether.”

These added flexibilities may help ease the long-term truck driver shortage and help the industry meet the current demands of the country, but it’s clear that keeping shipments efficient is more important to many industry members than the safety of truckers or other drivers with whom they share the road.

Legislation lowering the minimum age for operating commercial motor vehicles across state lines is highly likely to come to fruition, industry experts believe.

HOS Regulation Waivers Extended Once Again

by Leave a Comment

Because of COVID-19 continuing to wreak havoc across the United States, regulatory waivers are being extended by the Federal Motor Carrier Safety Administration regarding the permitted work time for truck drivers.

For commercial truckers driving property-carrying trucks, the maximum driving time has been extended once again–this time until February 28th, 2022.

“Although the number of COVID-19 cases began to decline in the U.S. following widespread introduction of vaccinations, persistent issues arising out of COVID-19 continue to affect the U.S., including impacts on supply chains and the need to ensure capacity to respond to variants and potential rises in infections,” said the FMCSA.

Because of this, commercial carriers and drivers are eligible for the hours-of-service regulation waiver, particularly those working to haul COVID relief-related medical supplies as well as any transportation regarding medical care services and other necessary pandemic response efforts.

“Therefore, a continued exemption is needed to support direct emergency assistance for some supply chains,” continued FMCSA in its waiver announcement. “This extension of the modified emergency declaration addresses national emergency conditions that create a need for immediate transportation of essential supplies and provides necessary relief from the [Federal Motor Carrier Safety Regulations] for motor carriers and drivers.”

Still, the hours-of-service waiver is limited to transporters of public safety-related goods such as masks, hand sanitizer, soap, medical gloves, disinfectants, vaccines, kits for the administration of vaccines, and vaccine-related ancillary supplies. Additionally, the waiver includes the transportation of gasoline, diesel, jet fuel, ethyl alcohol, food, paper products, and the emergency restocking of any distribution hub, as well as the transportation of livestock and livestock feed. Commercial drivers and carriers with current out-of-service orders are excluded from this waiver.

This emergency regulatory waiver declaration was first announced by FMCSA this summer in an effort to provide regulatory relief in regards to the maximum driving time mandates for both passenger-carrying vehicles and property-carrying vehicles. This declaration was initially designed to ease the strain on the United States’ supply chain, while the White House worked to find additional methods of expediting freight movement.

To do so, the Biden Administration implemented a specific task force that brought about new ways of keeping the country’s freight moving efficiently during the pandemic era; COVID-19 has been blamed as the major factor in commercial supply chain disruption.

Previous hours-of-service relaxation efforts allowed truckers to extend their daily driving time by two hours when working in inclement weather and to drive a total of 14 hours instead of 12. Additionally, drivers were originally allowed to divide their mandatory 10-hour rest breaks into 5-5 or 6-4 hours periods with further control of that time usage–whether they decided to use that particular time to rest or not.

Many safety advocates have lamented these flexibility-boosted waivers, citing the issue of truck driver fatigue—an issue that has become more serious than what recent statistics have shown. In fact, the National Transportation Safety Board has focused heavily on fatigued driving, going as far as to add the overall reduction of fatigue-related traffic accidents to its ‘Most Wanted List’ of safety boosts for 2019 and 2020.

“Drowsy driving does not leave telltale signs,” said the board. “It is widely believed to be underreported on police crash forms.”

The trucking industry has also had a history of high levels of spending in regards to congressional lobbying and campaign contributions related to added flexibility for both truck drivers and their companies, explained FairWarning.

“These [proposals] are opportunities for drivers to be pushed to their limits further, to drive without resting,” said Truck Safety Coalition executive director, Harry Adler. “It’s more [of an] opportunity for a driver to operate while fatigued, which is really detrimental.”

If government proposals like these “are going to keep the highways as safe as–or safer than–they currently exist,” the American Trucking Association needs to dive deeper into the reality of trucker fatigue, said vice president of ATA safety policy, Dan Horvath. “We are not quick to give an immediate response. We really do take the time to do a thorough review, to work with our members.”

Truck Drivers Likely No Longer Exempt From Vaccine Mandate

by Leave a Comment

Truck drivers had been exempt from an interim rule requiring all employees in large private companies to be vaccinated against COVID-19, but that may be changing soon.

“These are treacherous times for employers,” said C. Eric Stevens, a shareholder and employment law attorney. “Government mandates are a politically charged issue…[vaccines are] a very important issue for transportation.”

The final ruling that will require employees of companies (including trucking companies) of more than 100 to be vaccinated or undergo regular COVID-19 testing is currently being challenged in court, although the law is set to be implemented on January 4th of 2022.

Still, the 5th United States Circuit Court of Appeals granted an emergency stay of the requirement on November 6th, and the American Trucking Associations–along with various other industry organizations and state trucking associations–filed a lawsuit against the Biden administration regarding the mandate on November 9th.

In the lawsuit, the trucking groups claim that the mandate would be detrimental to the transportation workforce and the American economy itself, and that the Occupational Safety and Health Administration is overstepping its power by implementing such a requirement. 

“Given the nationwide shortage of truck drivers, it is vital that our industry has the relief it needs to keep critical goods moving, including food, fuel, medicine, and the vaccine itself,” said ATA President, Chris Spear. “We continue to believe OSHA is using extraordinary authority unwisely, applying it across all industries at an arbitrary threshold of 100 employers that fails to factor in actual risks. We are weighing all options of recourse to ensure every segment of our industry’s workforce is shielded from the unintended consequences of this misguided mandate.”

As of now, the White House is recommending that businesses adhere to this requirement, although there is still confusion regarding how a trucking company would do so if ultimately required.

“How we manage exemption requests, that’s a hot-button issue,” said Stevens. “How do you obtain proof of vaccinations? That becomes tricky based on the size of your company and what state you are operating in–or state you operate in.”

Industry leaders are also being put under quite a bit of pressure with the current confusion at hand, Stevens added.

“What’s left for you is that you have federal guidelines that conflict with state guidelines, and you have state guidelines that say, ‘If you violate our state guidelines, you very well may be sued by individuals that are adversely affected,’ regardless of what the federal government says,” he said.

While the final ruling is determined, motor carriers should begin issuing their own internal requirements that are in the best interest of their employees, Stevens continued.

“When someone says they don’t have a COVID policy, I say, ‘Yes, you do. It may just be the way things are, but yes, you do have a COVID policy. And you might want to have one that’s a little more formalized.’”

Regardless, many state leaders have expressed concerns about the mandate, and have been working to challenge the law itself. Some of these officials include state Legislature members, Attorney General Herbert Slatery, and Governor Bill Lee.

“Many states, including the one that we are currently in, have enacted [their] own laws,” said Stevens during his presentation at the 18th annual Conversion Interactive Agency Recruitment and Retention Conference. “Often, the states feel the need to combat the federal government’s actions, and we have competing state laws and federal laws. OSHA takes the position that OSHA preempts state laws, and those states disagree with that. So, there are some issues to be aware of.”

For those in strong opposition to this mandate, it’s clear that avoiding supply chain disruption is much more of a priority than driver health and safety. Executive Vice President of Advocacy for ATA, Bill Sullivan, explained his concern that requiring truck drivers to become vaccinated will likely cause many of those truckers to either leave the industry, join a smaller company, or retire early. When ATA released a survey among its member fleets, it found that over one-third of drivers who responded noted that they would either leave their companies or quit their jobs altogether if their current companies chose to, or were made to, require a vaccine.

“Even if only 4% [of drivers] quit, that would be a catastrophe,” said Sullivan. “We agree with the president’s goal. We aren’t anti-vax. We are encouraging employees to be voluntarily vaccinated.”

Roadway Fatalities Rise as Safety Rule Enforcement Lags Behind

by Leave a Comment

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.”

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

by Leave a Comment

“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.”