Trucking

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.

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.

Trucking Companies in Illinois are Celebrating the State’s Gasoline Tax Increase

June 14, 2019 by Levinson and Stefani Leave a Comment

As reported last week, the Illinois General Assembly recently passed a capital bill that raised the Illinois fuel tax from 19 cents per gallon to 38 cents. Additionally, trucking companies were expected to be hit the hardest with the tax on diesel fuel increasing to 52 cents per gallon. Although the trucking industry was expected to see this as a hurdle to overcome, it appears that many in the industry are actually willing to pay the additional tax as it will hopefully result in a long-term increase in road safety; ensuring quicker deliveries for truck drivers.

Illinois has long had trouble maintaining its infrastructure due to a lack of available funding that could span multiple years-worth of projects; however, a recent report released by TRIP, a nonprofit research group that analyzes economic and technical data regarding transportation issues throughout the United States, has shed more light on why those in the trucking industry are actually willing to pay more for their fuel. For starters, TRIP’s report has found that due to the state’s crumbling roads and congested traffic, Illinois drivers are losing $18.3 billion in total, amounting to roughly $2,559 per driver. This number considers the “vehicle operating costs (VOC) as a result of driving on roads in need of repair, lost time and fuel due to congestion – related delays, and the costs of traffic crashes in which roadway features likely were a contributing factor.” As expected, the largest portion of the costs came from traffic congestion, resulting in a total of $8.5 billion, and had Chicago residents paying the highest amount with $1.5 billion in congestion costs. While the report proves what many Illinois residents have known for a long time, it does provide more insight into how rebuilding the state’s infrastructure will not only help with congestion on the roads, but it will also help limit crashes resulting from poor road safety.

Based on TRIP’s findings, 5,100 people were killed between 2013 and 2017 in Illinois crashes, resulting in a traffic fatality rate of 1.02 fatalities per 100 million vehicle miles of travel (vmt), falling below the national average of 1.16; however, this number drastically increases to 2.09 when accounting for rural non-interstate highways. Taking a quick look at these numbers and makes it clear that the State faces a critical issue that must be addressed before these statistics balloon and pose more of a threat to drivers on the road. This isn’t to say that all those in the industry are proponents of the new plan, but it has been made clear that if the roads are safer and less congested, truck drivers are then able to transport freight at a much quicker pace, ultimately saving on the overhead costs of fuel. Further alleviating the tax increase, is the new plan’s decision to get rid of the commercial distribution fee, which brought the state $56 million in 2018, yet did not pay for rebuilding the state’s poor infrastructure. All of these changes point to what many see as an expensive, yet necessary plan to ensure road safety.

Rural Roadways Face Greater Challenges

The ability to move freight to and from rural communities will also be a great benefit for truck drivers in the state. Based on TRIP’s findings from a similar study released in May of 2019, which reviewed transportation throughout “America’s Heartland,” rural communities throughout the United States have faced a much larger fatality rate due to the quality of roads. As mentioned, Illinois’ overall traffic fatality of rural non-Interstate routes was 2.09 fatalities per 100 million vehicle miles traveled. Several factors were acknowledged by TRIP as being responsible for the sharp increase, such as two-lane route roads, narrow lanes, and overall inconsistent design features.

Drivers in Illinois should expect to see infrastructure projects within the next few years that address driver safety in areas such as these which are in critical condition. For example, 2017 marked the introduction of “smart roads,” via the Jane Adams Tollway, which had the sole purpose of increasing driver safety through implementing electronic signs every half mile to properly inform drivers of upcoming accidents and other road safety messages. With the state on the brink of receiving such a large influx of funding towards these projects, it is no wonder that the trucking industry is excited about the changes to come. Safer roads lead to less crashes and traffic congestion, allowing for quicker deliveries, and what should result in a decrease in the number of fatalities the State experiences. We can hope that Illinois follows through with this plan and makes the roads a much safer place for all drivers.

In the News this Week – June 7th 2019

June 7, 2019 by Levinson and Stefani Leave a Comment

Ride-sharing No Longer Delivering on its Promise

On June 7^th, 2019, the Chicago Tribune reported on the impact that both Uber and Lyft have had on Chicago, specifically both companies’ initial promise to alleviate traffic congestion and provide another form of public transportation. The Tribune reviewed the trips taken in March of 2019 and found that “more than four of every 10 passenger pickups happened in five of the city’s community areas – the Loop, the Near North Side, the Near West Side, Lakeview and West Town.” In addition to the rides being concentrated within specific parts of the city, all within relatively close proximity to one another, those who have reviewed the data have also found that people are beginning to steer away from public transportation entirely and instead using rideshare services.

In March of 2015, there was a total of 15,078 drivers making 4 or more trips a month; however, this number has increased to 66,562 drivers in March of 2019. It’s easy to imagine how this increase in only a matter of years will continue to effect traffic congestion in the city, specifically its impact on the amount of crashes within Chicago and overall road safety. As of right now, the city does not place a cap on the number of ride-share drivers allowed within city limits, yet they have limited the amount of taxi drivers to 6,999. As the effects of ride-sharing companies become clearer, it will be interesting to see how the city responds to ensure traffic congestion is minimized and the roads remain safe.

Chicago Department of Transportation Offering Free Bicycle Classes

The Chicago Department of Transportation and Divvy have added more than 100 additional spots to the City’s free bicycle riding classes for adults this summer. As a way to get more vehicles off the streets of Chicago and encourage more residents to begin biking, these classes will be taught by CDOT Bicycling Ambassadors and help those who have never ridden a bike understand how to do so and how to navigate the roads of Chicago safely during the summer months.

Beginning June 10^th and running through August 31^st, the classes will be held at three locations. See more information for dates and locations below:

Mondays 6pm-8pm – Kennedy King College, 710 W. 65^th St.
- Dates: June 10, 17, 24; July 1, 8, 15, 22, 29; August 5, 12, 19, 26
Thursdays 6pm-8pm – Seward Park, 375 W. Elm St.
- Dates: June 13, 20, 27; July 11, 18, 25; August 1, 8, 15, 22, 29
Saturdays 10am-12pm and 1pm-3pm – Chicago Center for Green Technology, 445 N. Sacramento Ave.
- Dates: June 15, 29; July 6, 13, 20, 27; August 3, 10, 17, 24, 31

Trucking Companies Expecting Major Tax Hikes – Looking Forward to Safer Roads

In light of the Illinois General Assembly passing a landmark $45 billion capital plan, Illinois Trucking companies have found themselves celebrating what appears to actually be a tax hike on the product their industry is most dependent on; fuel. As part of the new plan, which will help rebuild the state’s roads, bridges, and transit systems, a new gasoline tax has been passed which will raise the current tax rate from 19 cents to 38 cents per gallon. In addition, those who drive vehicles using diesel fuel will also experience a tax hike, increasing the rate to 45.5 cents per gallon. Although this new tax increase more than doubles the previous tax imposed upon commercial drivers, there are a variety of benefits that have many in the industry believing the upfront costs will be well worth it.

The tax increase will go into effect on July 1^st just in time for summer travel plans, so be prepared to see prices go up at the pump but anticipate major increases to road safety in the coming years as a benefit of the new taxes.