trucking legislation

Fatigued and Distracted Truckers Continue to Cause Fatal Accidents

February 1, 2020 by Levinson and Stefani Leave a Comment

ROCKFORD, Ill. — On January 11th, a FedEx truck in northern Illinois struck a disabled vehicle and killed the woman inside.

According to Illinois State Police, the truck driver crashed into the disabled vehicle around 1:20 a.m. on I-90 in Rockford, and the woman driving the disabled car was pronounced dead at the scene.

The woman had her 4-year-old child in the car–the child had non-life threatening injuries and was taken immediately to a nearby hospital for treatment.

Unfortunately, incidents of this kind aren’t rare. In March of last year, a state trooper and a passenger in a disabled car were hurt when a tractor trailer collided with both the patrol car and the disabled vehicle on the side of the road in Kingston, New York.

New York State Police said the trooper was was helping the driver to change a tire and that the trooper had been sitting in his vehicle when the tractor trailer hit his cruiser and then the driver’s side of the disabled vehicle before continuing to drive northbound on I-87.

The tractor trailer managed to push the SUV into the passenger of the disabled Tahoe, which caused the driver to be pushed into the guard rail. Both the driver and trooper were transported to the nearest hospital for non-life threatening injuries.

All U.S. states have a “Move Over” Law in place which requires all vehicles to safely move over into further-away lanes for all police, firefighters, first responders, tow-truck drivers, and other personnel as the work at accident scenes.

Because all commercial truck drivers are trained with these laws in mind and are taught how to drive without distraction, it seems avoidable accidents such as these should occur much less regularly. However, there are a multitude of reasons why they don’t.

The biggest one? Fatigue.

When the Federal Motor Carrier Safety Administration announced its plans to relax safety rules for truck drivers–including implementing extended duty time and more flexible mandatory break time–many people were worried about what the longer hours could mean for distracted driving and driver fatigue among truckers.

Linda Wilburn, for instance, was waiting for her 19-year-old son Orbie to stop by her house just 10 miles from his new rental when he was fatally hit from behind by a big rig speeding down I-40 east from Weatherford, Oklahoma.

The 41-year-old Kentucky truck driver also died at the scene. According to Linda Wilburn, he had been driving at least 1,300 miles “without a rest break at all” from Bakersfield, California.

Because of this, the Wilburn family has been rallying against the new proposed flexibility, which would allow drivers to split up mandatory 10-hour rest breaks into 5-5 or 6-4 hour splits, with control over whether or not they actually rest. It would also extend driving time by two hours for truckers working in any inclement weather conditions and would lengthen the maximum on-duty period to 14 hours.

Still, the National Transportation Safety Board says it is working hard to focus on fatigued driving issues, and has named the reduction of fatigue-related accidents on its ‘Most Wanted List’ of 2019-2020 safety improvements.

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

Harry Adler, the Truck Safety Coalition’s executive director, knows this is a major road safety problem.

“These (proposals) are opportunities for drivers to be pushed to their limits further, to drive without resting,” he explained, “It’s more opportunity for a driver to operate while fatigued, which is really detrimental.”

Because fatigue while driving can lead to slower responses and distracted actions, some in-cab driver monitoring systems are working to deter it. Bison Transport has been testing in-cab monitors through Seeing Machines Limited technology, meaning it will install its automated monitoring systems into one of Canada’s largest fleets.

During a testing period, the company found a reduction of 67% in fatigued driving incidents, of 40% in distracted driving incidents, and of 97% in cell phone use. The driver monitor can assess a driver’s visual attention, drowsiness, and probability for risk with its vision algorithms by tracking eye movement and notifying drivers with audio and vibration alerts.

Although methods like these may be helpful, it appears the biggest boost we could give truck driver safety would be to ensure truckers are regularly getting enough rest and are able to stay alert throughout their entire journeys. When that is the priority, it is safe to assume all drivers on any road will be much safer.

U-Haul Refuses to Hire Nicotine Users

January 30, 2020 by Levinson and Stefani Leave a Comment

Starting February 1st, U-Haul will no longer bring any nicotine users onboard.

In a recent announcement, the moving and truck rental company said it will now refuse to hire nicotine users in the 21 states which legally allow that decision–citing the desire for a “healthier workforce” as the reason.

This nicotine-free policy is possible in states without protections for the rights of smokers. However, it won’t apply to employees hired prior to February.

In a news release, company chief of staff Jessica Lopez said U-Haul will be working toward fostering an overall new “culture of wellness.”

The states in which the new policy will take affect include: Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maryland, Massachusetts, Michigan, Nebraska, Pennsylvania, Texas, Utah, Vermont, Virginia, and Washington.

Prospective applicants in these states, which allow companies to choose not to hire job seekers using nicotine, should expect to find information on the anti-nicotine policy on their applications and to be questioned about their use of nicotine, U-Haul said. In states where testing is allowed, applicants may also have to undergo nicotine screening to be hirable.

U-Haul said it is striving to encourage wellness among its employees, and is working on a new fitness center in one of its Arizona locations, as well as multiple wellness and fitness programs.

The company currently employs over 30,000 people throughout North America and will work toward helping its current nicotine-using workers with cessation assistance.

“In our continued efforts to enhance our wellness program and decrease health care costs, we have become more aware of the medical side effects of using nicotine and tobacco products,” said Lopez.

These products include vaping tools and e-cigarettes, in addition to traditional cigarettes, according to the policy. U-Haul company officials have also explained their inspiration from hospitals and other health-conscious businesses which are implementing nicotine-free hiring methods.

Alaska Airlines has had a no-nicotine policy in place since 1985 in order to help keep health care costs and health consequences lower.

U-Haul’s decision to follow suit comes soon after President Trump signed legislation raising the minimum age of those purchasing any tobacco or vaping products from 18 to 21.

However, while public health experts may be pushing for smoke-free lifestyles, they are torn on whether or not companies and employees will benefit from the new policy.

Michael Siegel, professor of community health services at the Boston University School of Public Health, said that U-Haul’s policy is misguided in terms of its approach to furthering wellness, as those who are addicted to nicotine may have trouble quitting and opt for nicotine-infused gum, patches, or lozenges. Nicotine replacement treatment is able to appear in nicotine-screening urine tests.

“Essentially, what that means is if you quit smoking and start using nicotine patches or nicotine gum or electronic cigarettes, you are not eligible to work for that company if you’re using nicotine replacement products,” he explained.

According to a survey by the Food and Drug Administration, around 7 percent of smokers can successfully quit smoking for at least six months to a year; however, the Mayo Clinic found that over 30 percent of smokers can quit fully with the help of a nicotine-replacement product.

“There are a lot of vices out there, and [these workers] have just chosen this one thing,” said Siegel. “[Banning it] is just kind of inappropriate.”

Lynn Kozlowski, University of Buffalo School of Public Health and Health Professions professor, wants U-Haul to note that some nicotine-infused products are more harmful than others–like cigarettes and cigars as opposed to smokeless tobacco.

Products like smokeless tobacco and nicotine products for vaping are less likely to contaminate public workplaces or affect work performance. Banning all nicotine products together causes U-Haul to look as if its policy is based on morals rather than health, Kozlowski argued.

“I bet if U-Haul were to look at [its] corporate office, [it has] a coffeepot going most of the time and people addicted to caffeine,” he said.

This begs the question, where does a trucking company–or any employer–draw the line between raising reasonable health standards and being intrusive?

According to Kevin Schroth, associate professor at the Rutgers School of Public Health, the company’s new rule could be deemed unfair to those who have fallen victim to the tobacco industry’s strong advertising techniques–which are aimed heavily at young people.

As of now, said Kozlowski, U-Haul’s policy announcement does not have nearly enough clarity for full scrutiny.

Industry Drug Test Rates to Rise by 50 Percent in 2020

January 27, 2020 by Levinson and Stefani Leave a Comment

The day after Christmas, federal regulators made a huge announcement for the trucking industry: they plan to increase the minimum yearly random drug testing rate to 50% of a carrier’s drivers–up from the previous rate of 25%.

The short-notice mandated increase was made public by the Federal Motor Carrier Safety Administration on December 26th, and was implemented only a few days later on January 1st, 2020.

The FMCSA currently estimates around 3.2 million commercial license holders are working in interstate commerce and another 1 million in intrastate commerce. With a new rate of random drug testing, about 2.1 million random tests will take place throughout 2020.

The FMCSA estimates the additional tests will cost the industry an additional $50 million to $70 million per year.

There is already a fair amount of pushback regarding the data which led to the increase.

“This data was collected in early 2019, and to my knowledge there has been no indication from FMCSA about the increase in positive tests that led to the minimum random testing rate change,” said president of Scopelitis Transportation Consulting, Dave Osiecki. “Not only is it a financial hit that no one was expecting, it’s disappointing to know that more drivers are testing positive for using drugs.”

The agency’s 2001 rule, “Controlled Substances and Alcohol Use and Testing,” determined the process used by the FMCSA to decide whether or not the minimum annual percentage rate for any random testing could be increased or decreased. In the final rule, the decision to change the percentage rate was to be mandated by the trucking industry’s overall positive random controlled substance test rate, the data of which is presented to the agency by motor carrier employers themselves.

According to Osiecki, there will be a decrease in industry productivity due to the higher number of drivers being summoned to testing sites when they could be on the road.

J.J. Keller’s Tom Bray said all carriers, large and small, will feel the effects of an increase in testing costs.

“It’s the same thing you’re doing, you just have to do more of it,” he said. “The key thing there is that it went back up to 50%, which is where it was for many, many, many years previous to the calendar year 2016 change.”

Bray believes meeting the 50% rate will bring major difficulties for many carriers, as many fleets experience high turnover rates and random testing can bring even more issues in those cases.

A 2018 survey of nearly 5,000 randomly selected motor carriers estimated that the test rate of random controlled substances was around 1%, making it slightly higher than that of years past.

“When the minimum annual percentage rate for random controlled substances is 25%, and the data received under the reporting requirements for any calendar year indicate that the reported positive rate is equal to or greater than 1%, the FMCSA administrator will increase the minimum annual percentage rate for random controlled substances to 50% for all driver positions,” said the agency.

The reason Bray believes test rates are increasing is that the Department of Transportation has added four synthetic opioids to drug screening–including hydrocodone, hydromorphone, oxymorphone, and oxycodone.

“This is a major issue in the country in general,” Bray said. “Our group of drivers represents the country. If the country’s having trouble with opioids, so are drivers.”

Manager of safety and occupational health policy for American Trucking Associations, Abigail Potter, said although the increase is expected, most companies have already completed their annual budget planning for 2020, and the short notice by the FMCSA will cost the industry millions of dollars.

Additionally, Potter believes federal acceptance of a different method of drug screening would have been a solution.

“We need hair testing,” she said. “One of the disappointments here is that we could’ve prevented this situation.”

The proposed guidelines given by the Department of Health and Human Services, which would allow carriers to utilize hair testing for drug screening, have had little attention by the Office of Management and Budget since summer of 2019.

In regards to random alcohol testing, as of now, the FMCSA has confirmed the minimum annual rate will stay at 10% in 2020.

Trucking Employees Weigh in on CARB’s Plan for Electric Trucks

January 23, 2020 by Levinson and Stefani Leave a Comment

Right now, truck manufacturers are looking closely into California’s proposed rule regarding the sale of electric trucks.

California environmental regulators are working to determine the best way to move forward with a plan requiring truck manufacturers to start selling zero-emission vehicles within the next four years.

The California Air Resources Board’s Advanced Clean Truck Regulation, the first proposal of its kind in the nation, would bring about these sales by 2024, but would not force fleets to purchase vehicles of this kind or require a particular zero-emissions technology to be put in place.

“Zero-emission technology continues to improve rapidly, and costs continue to come down,” said CARB in a proposal summary.

The regulation, which was presented by staff to CARB earlier this month, would require 3% of Classes 7-8 trucks sold by large truck manufacturers to be zero-emission vehicles by their 2024 models, and 15% to be zero-emission by 2030. Other manufacturing companies producing models such as refuse trucks and step vans would need to have a certain percentage of zero-emission trucks by 2024 as well.

For straight trucks, the number jumps from 7% in 2024 to a whopping 50% by 2030.

The proposal would also mean California carriers with gross revenues of over $50 million, or that own more than 100 8,500-pound trucks, must report their vehicle activity by April 1st, 2021, with a detailed description of the vehicles assigned to their facilities.

CARB accepted public comments on the proposal until December 9th, and had a public hearing on the regulation December 12th. The final vote is anticipated for next year.

However, as of now, the industry is divided regarding the proposal. The hearing’s commentators included believers that this plan would try to implement the new technology far too quickly, as well as those saying it hasn’t been put into place fast enough.

“Our goal here is to transform the transportation system,” said Mary Nichols, CARB’s board chairman. “It’s not just to meet a target. We need to move as fast as we can without screwing things up. This is tough stuff. If it were easy, it would have been done by now.”

California has offered rebates in an attempt to offset higher sticker prices for hybrid and zero-emission trucks. CARB, though, recently announced that the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project has a wait list that currently exceeds the fiscal 2019-20 budget’s funding.

In late October, CARB announced its program’s new attempts to better “align eligible technologies with HVIP goals.”

CARB also released a fact sheet regarding the proposal, which detailed more than 70 models of zero-emissions trucks, vans, and buses that are currently commercially available. California also has funding assistance available for technologies such as these through multiple programs.

“As technology advances, zero-emission trucks will become suitable for more applications.” said CARB. “Most major truck manufacturers have announced plans to introduce market ready zero-emission trucks in the near future.

Regardless, the ability to convert the entire industry from diesel to electric–which is the goal in California by 2045–seems extraordinarily difficult.

“We support zero-emissions vehicles,” said Jed Mandel, president of the Truck and Engine Manufacturers Association, at the hearing. “But designing a program based on a naked sales mandate is fundamentally flawed. Trucks are not cars.”

His suggestion was that CARB starts with the segments of the trucking industry that have the ability to implement the technology now, such as step vans and buses, rather than heavy longhaul trucks.

“There’s a great deal of intrigue when it comes to electric trucks, but not a lot of experience,” said American Trucking Associations’ California-based director of environmental research, Mike Tunnell. “There’s hope and anticipation that these vehicles will be able to stand up to the daily demands of the industry in terms of range, durability, and reliability.”

He also said that trucking companies are only evaluating prototypes right now.

“We are just beginning the stages of understanding the challenges and opportunities that this technology presents,” Tunnell explained.

CARB board member Hector De La Torre agreed.

“I think the key is availability,” he said. “From what I’m hearing, it won’t be until the mid-2020s that commercial trucks will be available. I’m talking longhaul [Class] 7s and 8s. So, we’re not there yet with those, clearly.”

Glider Repeal Rule Skips Legal and Health Analyses

January 21, 2020 by Levinson and Stefani Leave a Comment

Machine-Building Plant, assembly shop, selective focus

A recent Environmental Protection Agency Inspector General report determines that Scott Pruitt, former agency Administrator, did not follow legal and heath safeguards in 2017, when he proposed to repeal a regulation which limited the number of glider trucks able to be made each year.

The Environmental Protection Agency’s actions around the repeal “lacked transparency and deprived the public of required information,” said the report from the Inspector General.

While these findings were reported on December 5th, the investigation took place between December 2018 and July of this year.

According to the EPA,, a glider kit is defined as a heavy-duty truck chassis and cab assembly, typically produced without a new engine, rear axle, or transmission. A third party generally installs these parts for complete assembly of the vehicle, and engines are sometimes remanufactured before being placed into the truck.

A recent EPA study found that gliders tested in highway conditions had nitrogen oxide emissions 43 times higher and particulate matter emissions 55 times higher than newer trucks in compliance with emissions standards.

The proposed repeal of the Obama-era regulation would relieve the industry of compliance with the requirements of the Phase 2 Greenhouse Gas rule, which set both production limits and emissions standards for gliders beginning January 1st, 2018. Including glider kits in this rule caused frustration among many owner-operators, as they often choose the truck for its lower expenses and ability to be customized.

“The absence of analyses resulted in the public not being informed–either during the public comment period or thereafter–of the proposed rule’s benefits costs, potential alternatives, and impacts on children’s health,” the EPA report said.

The report also stated that Pruitt worked to have the proposal be completed “as quickly as possible without conducting the analyses required by [Executive Orders] 12866 and 13045,” which would have included the cost-benefit and health impact analyses of the proposed repeal.

The IG said EPA officials told investigators that the rule-making processes were “fast and loose” at the time the repeal was proposed, and that Pruitt issued the proposal around four months after a petition for reconsideration of the Phase 2 regulation was filed by Fitzgerald Glider Kits, Harrison Truck Centers Inc., and Indiana Phoenix Inc.–three leading glider truck manufacturers.

Also in support of repealing glider regulations is The Owner-operator Independent Drivers Association. OOIDA’s director of federal affairs, Jay Grimes, said that glider kits are a more affordable alternative for new commercial vehicles, especially for smaller trucking companies.

“In an effort to provide expedited regulatory relief for glider kit manufacturers and consumers, EPA unfortunately did not perform various analyses and reviews that are required by the federal rule-making process,” said Grimes. “We hope EPA will address the report’s recommendations in a timely manner and propose an updated rule that will revise current production limits on glider vehicles and engines.”

In the report, the Inspector General also states that EPA officials knew the proposed rule was “economically significant” and that they had the available information necessary to show that, but Pruitt still directed the Office of Air and Radiation to develop the repeal without the analyzation required by executive orders.

The IG also said auditors “encountered an impediment to obtaining all the desired information to complete its audit” due to the Office of Management and Budget and the EPA’s failure to respond to the IG’s requests for further information.

“The OMB [Office of Management and Budget] refused to provide the OIG [Office of the Inspector General] with specific responses or documentation related to OIG questions regarding OMB’s Office of Information and Regulatory Affairs’ involvement in this rule-making and the decisions made, stating that the information sought was ‘particularly sensitive,” said the report.

The report says the agency must “identify for the public the substantive change to the proposed rule made at the suggestion or recommendation of OMB, conduct the required analyses prior to finalizing the repeal, provide the public a means to comment on the analyses supporting the rule-making, and document the decision made.”

Democratic Senators Tom Carper of Delaware and Tom Udall of New Mexico, who requested the audit, said in a joint statement that the repeal proposal was “one of the most reckless and dangerous efforts of Scott Pruitt’s short EPA career.”

They also found extremely disturbing the fact that the report showed the EPA’s efforts were aided by the White House’s Office of Management and Budget, which impeded the investigation, covered up the agency’s wrongdoing, and violated the law.

Partially Self-Driving Truck Tested in Illinois While Policymakers Draft Autonomous Vehicles Bill

January 20, 2020 by Levinson and Stefani Leave a Comment

Technology company Autobon AI is now testing its partially autonomous truck in regular traffic on the Jane Addams Tollway.

After successful tests by the Lisle, Illinois company’s co-founder, Krystian Gebis, on the Chicagoland Speedway track in Joliet, Autobon believes its innovative vehicle is ready for the main roadway. Still, a driver will stay behind the wheel.

“The driver still has full control,” said Gebis. “We want to make sure the truck isn’t weaving in the lane and it maintains a safe following distance. We want to make sure it’s very precisely driving.”

Transportation experts are saying tests like these will become more and more common in the near future, as trucks that are at least partially self-driving will hit the road in hopes of countering the current truck driver shortage in the freight industry.

The trucking industry is expected to be a top early implementer of autonomous technology for this very reason.

“There’s a significant shortage of drivers,” said director of the University of Illinois at Chicago’s Urban Transportation Center, P.S. Sriraj. “If you have a shortage of drivers, you have drivers working long hours and compromising their safety.”

According to Gebis, autonomous technology won’t be completely replacing truck drivers any time soon, but will provide an avenue for drivers to feel safer and at ease while on the road.

“You want to not have fatigue or stress be a factor in driving,” Gebis sad. “We are thinking of every possible way we can to make the job more enjoyable for drivers.”

However, how exactly these developments will come into play is still in question. Although autonomous driving tech engineers are staying busy, federal regulatory frameworks for automated vehicles is being drafted by transportation leaders as we speak.

Chairman Roger Wicker (R-Mississippi) confirmed in a hearing with safety agencies that the Senate Commerce Committee is currently collaborating with their House counterparts on the Energy and Commerce Committee to draft a new measure governing automated technology.

“As we continue to develop a regulatory framework, the discussion should also be driven by the potential benefits of [automated vehicles] to improve the country’s transportation systems,” said Wicker. “As technology continues to improve, AVs will be increasingly part of our daily lives. Therefore, it is up to us to ensure that the safety benefits of these vehicles are fully realized.”

Wicker also notes that without a national regulatory framework, other countries may have the opportunity to lead in the AV field.

Still, panel members stress that ensuring the safety of all roadway commuters is the top priority and is what will guide the legislative process this bill. Senators noted that over 36,000 people were killed in roadway crashes last year, according to the National Highway Traffic Safety Administration.

“Over the past three years, more companies have been putting automated vehicles out on the road, and sometimes ending in fatal consequences,” said Sen. Maria Cantwell (D-Washington). “In several of these accidents, the drivers were not paying attention to the roadway and [were] unable to intervene to avoid the crash. What we need to do is continue to learn from these lessons and make sure that we’re putting safeguards in place.”

One of the accidents to which Cantwell refers is 2018’s fatal accident involving Uber Technologies, Inc.’s developmental Automated Driving System and a pedestrian in Tempe, Arizona.

Autobon’s Gebis said he has many of his own family members working in the trucking industry, which is what led him to learn about crash-related issues. Because of this, he was able to combine his knowledge of trucking with his passion for robotics and start his company.

Now, Autobon AI has new technology that is able to replace a truck’s wind visor with one equipped with multidirectional cameras, sensors and GPS to aid the truck in responding to road conditions.

The truck’s steering wheel, accelerator, and brakes react to the incoming information from this equipment. The company also has an in-cab sun visor in the works that will have a camera to monitor drivers and make sure they aren’t distracted by fatigue or texting. Then, a remote control operator can check driver behavior and pull a truck over into an emergency lane if necessary.

According to Gebis, Autobon plans to sell this automated technology equipment for installation in trucks, as well as to sell the accompanying services, such as tools for delivery improvement and driver monitoring methods.

“We’re engaging with Autobon to develop a better understanding of emerging vehicle technologies and the way these advances could be used to increase safety on our roads,” said Jose Alvarez, Executive Director of the Illinois Tollway.

Chairman of the National Transportation Safety Board, Robert Sumwalt is wary of past ADS-related accidents, but acknowledges the potential for this technology to help decrease the number of crashes overall.

“A promise of the upcoming ADSes is that such systems will be safer than a human driver,” he said. “Until that promise is realized, the testing of developmental ADS–with all its expected failures and limitations–requires appropriate safeguards when conducted on public roads.”

A timeline for the measure to be put in place has not yet been announced.