HOS Proposal Seems Likely to Lead to More Litigation - Truckinginfo.com

HOS Proposal Seems Likely to Lead to More Litigation - Truckinginfo.com

Hours of Service NPRM Guideline

We have issued a document highlighting changes Hours of Service as proposed by the NPRM of the FMCSA. We have also issued instructions on submitting your formal comment into the record. LoadTrek.net clients may receive a copy of this document by asking any of us directly, or you may contact us by clicking the link above.

Understanding the DOT's New Hours of Service Rule

The Federal Motor Carrier Safety Administration released a preview of their Notice of Proposed Rulemaking (NPRM)this morning. The actual NPRM will be posted to the Federal Register on December 29. This will start the formal 60 day comment period. The rule may change again from the publication of the NPRM to the actual publication of the new regulation. Your participation as a fleet is very important in this process.

We will carefully assess the actual NPRM when it comes out on December 29 - this preview that has been released raises several unanswered questions. Once we have reviewed the NPRM, we will update LoadTrek.net clients.

When the new rule is published, we will implement the new rules - allowing LoadTrek.net clients to take full advantage of the new rules with minimal driver interaction and training. There are several important provisions that will minimize the negative impact on most of our clients' operations when these provisions are properly applied.

Highlights of changes for our clients are:
1. Drivers are allowed to take two 16 hour exceptions to the normal 14 hour day, no more than twice every week.
2. Drivers may not drive more than 7 hours without taking a minimum 30 minute break.
3. Drivers may work 13 hours within a 14 hour on-duty window. This 1-hour break in the workday may be taken all at once or in several blocks - but note the condition in the preceding point.
4. Drive time is not yet answered, DOT indicates it is considering both a 10 hour and 11 hour limit on drive time.
5. The 34 hour restart can only be used once per week. In addition, it must include 2 periods of time from 00:01 to 06:00.
6. The definition of On Duty has changed. It now allows for rest in a parked truck - does not have to be in the sleeper berth. And, drivers may rest up to 2 hours in the passenger seat immediately before or after an 8 hour sleeper berth period and count it as off duty.
7. Oilfield Exemption; drivers' logs must now carry an annotation when the "waiting time" provision at a well site is used.

DOT punts on Hours-of-Service rules

New HOS Rule has been approved by the OMB

The FMCSA's hours of service proposal has been cleared by the White House Office of Management and Budget. We still do not know the contents of this regulation, but we expect it to be published by the FMCSA by the end of the year.

CSA Goes Public

CSA information is now public. Scores are calculated in 7 areas, called BASIC's:
· Unsafe driving (Parts 392 and 397);
· Fatigued driving (Parts 392 and 395);
· Driver fitness (Parts 383 and 391);
· Controlled substances/alcohol (Parts 382 and 392);
· Vehicle maintenance (Parts 393 and 396);
· Cargo related (Parts 392, 393, 397 and hazmat); and
· Crash indicator.

BASIC scores are available to the public in all but 2 of the BASIC's; cargo related and crash indicator.

ATA releases HOS Whitepaper In Support of Current Rules

Follow Us on Twitter

ATA Rings Alarm Bell on Pending Hours of Service Proposal

ATA Launches New Web Site to Coordinate Industry's Response to the new HOS

ATA Request Changes to the FMCSA's CSA 2010 Program

Contact us to obtain a copy of the letter that the American Trucking Association sent to the FMCSA.

Duty to Secure Load - U.S. District Court for the Middle District of Pennsylvania

At the request of several clients who experience issues with customer loaded and sealed trailers - this case is important. Judge Rambo contrasted this case from previous load securement cases. The argument is that a shipper-loaded trailer does not place the same burden of load securement on the driver. However, the FMCSA regulations regarding load securement are completely on the driver and carrier. In spite of Judge Rambo's comments, we still see issues with USPS-loaded and sealed trailers where Postal Service employees do not properly secure rolling stock. Click on the above link for a synopsis of this case and related comments.

LoadTrek.net Users Group Seminar in Las Vegas

We are considering planning a Users Group seminar in conjunction with the NSRMCA Regional Meeting at the Golden Nugget in Las Vegas on January 18-19, 2011. If you would like to attend, and/or if you have some suggested topics to cover, please let us know by clicking on the above link.

HOS expected to clear White House on Friday

Current Edition of the "CSA Dispatch"

FMCSA Announces CSA Safety Measurement System (SMS) Improvements

Understanding the US Postal Service GPS Requirement

LoadTrek.phone Guide to USPS Compliance

LoadTrek.net Guide to USPS Compliance

US Postal Service / LoadTrek Data Release Form

All LoadTrek users; we do not share your data with the USPS without your express permission. Our release form is at http://www.loadtrek.net/loadtrek_net/kbarticles/USPS_Data_Tranmission_Release.pdf.

Infrequent Posts, thanks to the USPS deadline

Posts have been infrequent, we have been extremely busy with clients meeting the United States Postal Service requirement for GPS on certain mandates. If you have questions on the USPS GPS requirement, please contact us.

HOS review extended by White House

Byline: – By Jami Jones, senior editor LandLine Magazine

The journey toward a new hours-of-service regulation may have hit at snag at the White House Office of Management and Budget.

Instead of having the rule clear OMB on Oct. 26, its review has now been “extended.” The Federal Motor Carrier Safety Administration had planned to have the rule cleared by Oct. 26 and ready to publish on Nov. 4 in the Federal Register.

OMB does not indicate on its daily report how long the review could be extended.

FMCSA submitted the notice of proposed rulemaking to the White House’s Office of Management and Budget on July 26.

Typically, that would have been the first opportunity for the public to get any sort of hint as to what the agency is doing with the HOS regs. However, the abstract provided by FMCSA does not offer any insight as to what the agency is proposing for HOS. Instead, the abstract outlines FMCSA’s obligation to revisit the rule because of a settlement agreement and the way the agency is approaching the HOS revision.

The OMB deadline was part of a settlement agreement between FMCSA and Public Citizen, which was signed on Oct. 26, 2009.

Once OMB signs off on the regulation, it will then be published in the Federal Register. That will be the first time that the public will get full disclosure of the agency’s plans on what – if any – changes will be made to the current HOS regulations.

The settlement agreement allows for FMCSA and Public Citizen to file a joint motion 30 days after the NPRM is published in the Federal Register to determine what path the lawsuit will follow.

The settlement also contained a provision that FMCSA agreed to publish a final rulemaking on HOS within 21 months of signing. That means the final rule would be published in July 2011.

International Conference on Commercial Driver Health and Wellness

FAR's Prohibit Texting while Driving by Government Employees and Contractors

CVSA’s Operation Safe Driver starts this Sunday

Beginning this Sunday, Oct. 17, and continuing through Saturday, Oct. 23 is Operation Safe Driver, put on by the Commercial Vehicle Safety Alliance.

The selective traffic enforcement program emphasizes enforcement in high-crash corridors with high traffic volumes, moving violations, driver infractions and aggressive driving behaviors.

New stats debunk occurrence of fatigue-related crashes

Commercial Driver Compliance Improvement Act

Senators Mark Pryor and Lamar Alexander have introduced a bill that would require the use of electronic onboard recording devices for commercial carriers. The bill, the Commercial Driver Compliance Improvement Act (S.3884) was referred to the Committee on Commerce, Science and Transportation on Sept. 29, 2010. If passed, the bill will require the U.S. Department of Transportation to issue regulations to mandate EOBRs within 18 months of enactment. EOBRs can monitor hours-of-service regulations and some believe the use of them can significantly reduce issues related to FMCSA's new CSA 2010 initiative. As the industry waits on pending hours-of-service regulations, many experts believe that the use of EOBRs will grow and make paper logbooks obsolete. The bill has the support of several big carriers, many of whom have joined forces to form the Alliance for Driver Safety & Security.

CSA "Red Flag Violations"

These 11 driver violations identified during roadside inspections are investigated if the driver’s employer is later subject to a carrier intervention:

Violating Part 395 Out-of-Service (OOS) Order .
Possessing, using or being under the influence of a controlled substance.
Possessing, being under the influence of, or using alcohol within 4 hours of going on duty.
Allowing driver to operate with more than one Commercial Driver’s License (CDL).
Operating a commercial motor vehicle (CMV) with more than one CDL.
Operating without a valid CDL.
Driving while disqualified.
Driving without a valid operator’s license.
Driving while disqualified.
False entry on medical examiner’s certificate.
Operating an OOS vehicle before making repairs.

Carrier Alliance Pushing for Congress to Pass EOBR Mandate Next Year

A group of trucking companies is pushing legislation to mandate electronic onboard recorders.

Interim Final Rule: Procedures for Transportation Workplace Drug and Alcohol Testing Programs

Free Training - Cargo Security

Cyber Security in Transportation Summit
Strategies to Combat Emerging Cyber Threats to Transportation

NRECA Conference Center
4301 Wilson Blvd. | Arlington, VA 22203

October 21, 2010. No cost to attend!

This Cyber Security in Transportation Summit will provide a venue for open communication and collaboration between the public and private sectors to discuss strategies on tackling challenges as well as best practices and cyber initiatives within the transportation industry.
Program Topics

Contact bholm@nicb.org for more information.

FMCSA Makes Minor Technical Changes to EOBR Regs

1. Temperature range. FMCSA said it does not intend to require an EOBR be so rugged that it operates at extreme temperatures that realistically will not occur in a truck’s normal operating environment. The agency deleted the requirement for a specific operating temperature range from its final rule.

2. Defining the USB connector. A single USB compliant interface featuring a Type B connector, that the USB interface must comply with USB V1.1 and V2.0 USB signaling standards, and implement the Mass Storage class (08h) for software driverless operation.

3. Error codes. FMCSA determined there is a need to clarify thresholds and frequencies for the diagnostic events that would trigger fault codes for these various conditions. The agency determined it would be more appropriate to consider the fault-code reporting thresholds during the implementation period prior to the June 4, 2012, compliance date of the final rule.

From Transport Topics: Officials Say FMCSA May Seek Broader Mandate for EOBRs

Byline: Sean McNally, Senior Reporter

The Federal Motor Carrier Safety Administration is eyeing an even more expansive mandate for electronic onboard recorders than it indicated earlier this year, sources told Transport Topics.

The broader EOBR mandate would go beyond requiring the units for hazardous materials carriers and new trucking companies, which the agency has already indicated it would propose.

An official who asked not to be identified told Transport Topics that the agency was working to have a future mandate apply “to more carriers than were outlined” previously.

“I would say it is more than [a] 50% [chance] they can make it work,” the official said.

FMCSA published a final rule in April, mandating EOBRs for fleets that have a poor record of compliance with the hours-of-service rules, and said that, in a future rule, hazardous materials carriers and new trucking companies may be subject to an EOBR mandate because of the “potential safety risks” they present.

The unidentified official, along with other sources, told TT that the agency intends to go beyond those higher-risk groups and is looking at a mandate for even more fleets.

Another official, Larry Minor, FMCSA associate administrator for policy and program development, said he didn’t think the rule limited the agency to just applying a mandate to hazmat fleets and new entrants.

“Those were examples, but we’re not limiting ourselves to those,” Minor said. “We’re looking at [the National Transportation Safety Board’s] recommendations, which were for all carriers, and some of Congress’ proposals, which is for all trucks. We’re looking at all of that, and we expect to have a proposal out by the end of the year.”

NTSB first called for the installation of EOBRs on commercial vehicles in 1977 and recommended they be mandated on all commercial vehicles in 1990. The recommendation was added to NTSB’s most-wanted list in 2008.

“It is all a political discussion now,” the unnamed official said, adding that the agency feels “a broader mandate makes sense — it’s just whether they can justify the cost-benefit.”

That analysis “depends on the assumptions that you make,” that official said, indicating the agency believed that requiring greater use of EOBRs might reduce the cost of the technology.

The Department of Transportation said in an August report on important rules that the expanded EOBR proposal is slated to go to the White House for its review by the end of September and will be published in late December.

Industry officials said that based on their discussions, they believe FMCSA will press industrywide adoption of electronic onboard recorders.

“I’ve heard its going to be more of a full mandate,” David Heller, director of safety and policy for the Truckload Carriers Association, said Aug. 30. “And that matches up with Oberstar’s blueprint.”

Last year, Rep. James Oberstar (D-Minn.), chairman of the House Transportation and Infrastructure Committee, introduced a proposed highway bill that included a universal EOBR mandate. The bill has languished in his committee.

“It’s either going to come out of Congress or the agency,” Heller said of a mandate.

Dave Osiecki, American Trucking Associations senior vice president of policy and regulatory affairs, said Aug. 30 he’s been told that “the application will be fairly broad, much broader than what was originally suggested earlier.”

How many carriers are subject to a new EOBR requirement “depends on how elastic they can make the numbers,” Osiecki said.

In order for federal rules to be approved, agencies must analyze their costs and benefits and are prohibited from issuing regulations whose costs outstrip their benefits.

Todd Spencer, executive vice president of the Owner-Operator Independent Drivers Association, said Aug. 30 that a mandate “would not surprise us in the least.”

“A broader proposal has been mentioned several times by the agency,” he said. “We know full well that we have lawmakers and we have the NTSB that think these things are the answer to all our safety issues. We don’t share that perspective.”

Deaths from large truck crashes drop to the lowest level since 1950.

The U.S. DOT released 2009 fatality and injury data. Highway deaths fell to 33,808, the lowest number since 1950. Estimated vehicle miles traveled in 2009 increased by 0.2 percent over 2008 levels.

Last year’s fatality and injury rates were the lowest ever recorded: 1.13 deaths per 100 million vehicle miles traveled in 2009, compared to 1.26 deaths for 2008.

Fatalities of large truck occupants dropped from 682 in 2008 to 503 in 2009, a 26 percent decline. The total number of fatalities involving large trucks decreased 20 percent from 4,542 in 2008 to 3,380 last year. The number of injuries in large truck crashes also fell 26 percent from 23,000 in 2008 to 17,000 in 2009.

International Conference on Commercial Driver Health and Wellness

November 8–10, 2010, in Baltimore, Maryland.

Shortages of trucks and truck drivers stall product deliveries

Trucking Among the Most Dangerous Jobs

Truck drivers have a fatality rate in the US of 18.3 per 100,000. You always have to pay attention, watch your rest and your health, think ahead, and anticipate. From CNNMoney.com.

Meeting the USPS Requirement for GPS

Does this stuff actually pay for itself?

Our clients have been getting hit by mandates left and right lately; a GPS requirement from the USPS for some of their contracts, the new EOBR rule, and CSA's impact. I have been using onboard truck technology since 1990, many of our clients have been with us for a long time. Why do they use it?

Fuel Savings:
Controlling Engine Idle. According to the Argonne National Laboratories, the average truck wastes 2196 gallons per year idling. A large diesel engine idling under no load will burn approximately 1 gallon/hour.

Controlling Speed. According to multiple tests by Kenworth, Firestone, and the American Trucking Association, fuel consumption increases by 2.2% for every 1 MPH increase over 55 MPH. If your trucks are averaging 6.6 MPH while running 65 MPH, that will increase to 7.5 MPH if they slow down to 55 MPH.

Controlling shifting and stopping habits. Hard braking is one of the largest contributors to excessive fuel consumption on "governed" trucks where speed is kept lower than normal using the ECM.

Driving Efficiency:
You are able to pay drivers for all work they do, cutting waste and overlapping tasks when possible.

Maintenance Savings:
I was talking to one of our clients last week, who runs his trucks 1 million miles before trading with no major maintenance. The reason, those habits that contribute to fuel economy also help your maintenance costs. Increase in speed from 55 MPH to 65 MPH increases tire wear 5% to 16%, depending on GVW. Increase in speed from 55 MPH to 65 MPH decreases miles to overhaul by 10% to 15%. Increase in speed from 55 MPH to 65 MPH increases oil consumption 15%. Idling for 6 hours = 42 miles of engine wear.

Dispatch Efficiency and Vehicle Utilization:
Each company is different. However, up to 42% of an average fleet's total costs are in vehicle depreciation acquisition costs. A recent Aberdeen Group survey found that reporting fleets averaged an increase in vehicle utilization of 13%

Insight from the new ATA Chairman; from the Dallas Truck Show

Hodges' view of EOBR's is accurate, although his cost estimate is high. He does not understand the cost benefits of EOBR's - or at least did not discuss them. His view of CSA2010 is right on - and he is the first person I have heard to articulate the benefit of CSA2010 to good drivers.

Click on the link for the entire article.

Simple Route Tracking

LoadTrek.net releases GPS phone based simple route tracking, which also complies with the USPS GPS requirement.

New Edition of FMCSA's Office of Analysis, Research, and Analysis "Insights"

Free CSA 2010 Resources

Carriers In CSA Pilot States to Share Experiences

Motor carriers from five pilot states for the Federal Motor Carrier Safety Administration's CSA 2010 will share their experiences during a webinar Sept. 8, from 1 to 4 p.m. CDT.

FMCSA Releases Safety Measurement System to Motor Carriers

Commercial motor vehicle carriers may now view their individual safety assessments on the Data Preview Website. This updated Website provides motor carriers with information on where they stand in each Behavior Analysis and Safety Improvement Category (BASIC) based on roadside data and investigation findings. Each motor carrier’s BASIC assessments are visible only to them (and to enforcement staff) until December of 2010. In December, assessments will be made available to the public. Also, enforcement agencies will use these assessments to prioritize the Agency’s enforcement and compliance assistance workload. By providing carriers with this information now, FMCSA’s approach gives carriers the earliest possible opportunity to improve compliance.

Making Roads Safe - A Decade of Action to Combat the Road Safety Crisis

Click on this link to gain an understanding of the UN's plan to encourage/help nations enhance safety on the roadways. The oilfield services industry has been notable for coordinating road safety efforts across the globe, and now we have have some coordinated government involvement as well.

Stakeholders Await Review of new Hours of Service Regulations

Weekend Entertainment - Tanker Rollover Video

CSA 2010: SMS Improvements

Good news regarding CSA for our clients - who tend to utilize their vehicles more than most companies:

1. The measure of exposure will be changed to a combination of power units and Vehicle Miles Travelled (VMT) in the Unsafe Driving BASIC and Crash Indicator.

2. The measure of exposure will change from power units to the number of relevant inspections in the Controlled Substances/Alcohol BASIC.

3. Severity weights for some roadside inspection violations will be updated.

News from the National Star Route Mail Convention

The GPS requirement will begin on selected contracts October 1. If you have not received notification and think you might be on the list, please click the link and contact us for a list of eligible contracts.

A full report will be in the next issue of the Star Carrier. You may also contact us for an update on USPS business issues, regulatory news, and other items from the convention.

Thank you to all of our clients for visiting with us - we always learn new ideas for upcoming releases to LoadTrek.net.

Fleet Owner Magazine: Paper logbooks will soon be virtually obsolete

The new CSA 2010 safety-scoring process and the pending EOBR (electronic onboard recorder) regulation will make paper drivers’ logbooks virtually obsolete, according to Fleet Owner.

Proposed new HOS Rule is at the White House

The long anticipated new Hours of Service rule is at the Office of Management and Budget. However, we still do not know what is in the new rule. The target date for letting us know the contents of the new rule is November 4.

FMCSA Policy Concerning Supporting Documentation

Understanding the USPS GPS Requirements

The United States Postal Service has announced the new GPS data requirement that will be incorporated into the postal network highway contract routes. The requirement may be retroactively applied to existing contracts as an addendum. The USPS is targeting October 1st, 2010 for network wide implementation across all affected contracts.

Click on the link to learn more about these changes, which contracts are affected, and what your options are.

Beal named to America's PremierExperts Panel

Joel Beal has been named to the panel of America's Premier Experts as the transportation technology resource.

USPS Issues new GPS Requirement

The US Postal Service has issued technically specific GPS requirements for all P+D Headout, STC, NDC, and MTEC routes effective October 1, 2010.

LoadTrek.net at the National Star Route Mail Carriers Association in Denver

LoadTrek will be at the National Star Route Carriers Association conference in Denver; August 1-4. Visit our web page and click "Book Now" to schedule an appointment with us while we are in Denver.

Upcoming Rules from the FMCSA

10/26/2010: Notice of Proposed Rulemaking - new Hours of Service regulations.

12/17/2010: Expand the number of motor carriers required to have Electronic Onboard Recorders.

11/23/2010: CDL testing and Commercial Driver Permit standards.

3/4/2011: Minimum training requirements for entry level commercial motor vehicle operations.

4/4/2011: CMV driver positive controlled substances and alcohol test results database.

A Day in the Life of a LoadTrek.net Client

You Know You Need a Fleet Management System When.....

If you know these guys, direct them to www.loadtrektechnologies.com.

House Committee on Transportation and Infrastructure - CSA 2010 Hearing Summary

Truckers Report High Optimism

Congressional Hearing on Comprehensive Safety Analysis 2010

COMMITTEE: House Transportation and Infrastructure Committee

SUB-COMMITTEE: Highways and Transit Subcommittee

EVENT: Highways and Transit Subcommittee hearing on "Comprehensive Safety Analysis 2010: Understanding FMCSA's (Federal Motor Carrier Safety Administration) New System of Motor Carrier Oversight."

TIME: 10:00 AM EDT

LOCATION: 2167 Rayburn House Office Building

CONTACT: 202-225-4472

PARTICIPANTS: Anne Ferro, administrator of the Federal Motor Carrier Safety Administration; Steve Keppler, interim executive director of the Commercial Vehicle Safety Alliance; Keith Klein, executive vice president and COO of the Transport Corporation of America; and Todd Spencer, executive vice president of the Owner-Operator Independent Drivers Association.

FMCSA to Add Miles Traveled to CSA Crash-Risk Calculation

Great news for LoadTrek.net customers - most of whom operate at a ratio of 2 drivers for every tractor. These carriers who highly utilize their fleet are at a disadvantage under the FMCSA's current crash-risk calculation.

We have argued that vehicle miles travelled is a better denominator than fleet size. The ATA has argued the same, and has taken the argument to the highest level within the FMCSA.

Anne Ferro confirmed that the FMCSA will use a blended formula of vehicle miles travelled, plus number of vehicles, and that the formula will be finalized and made public between December 2010 and February 2011.

LoadTrek.net Cycling Team

What does the LoadTrek.net Cycling Team do? Visit the Facebook Fan Page and find out.

Awake at the wheel: Combating driver fatigue

Broker reform bill starts trek toward becoming law

ATA Questions Parts of CSA 2010

LoadTrek.net Customers: Book Your Services Online

Prospective and current LoadTrek.net clients can now book services online. If you need to schedule us, you can do so at any time.

You can select services in the following categories:
1. Pre-Buy Orientation
2. On Site Training
3. Remote Training
4. Vehicle Installation
5. Driver Training
6. Consultation

Look for the "Book Now" button on the our home page or the contacts page.

Only 4% of Roadside Inspections are Random

Data provided by the Truckload Carriers Association (TCA) indicates that speed, observable defects and ISS-D scores each contribute to 32 percent of roadside inspections while only 4 percent are random.

FMCSA to Propose Easing of Supporting Documents for EOBR Users

Under a pending Federal Motor Carrier Safety Administration proposal, carriers that use electronic recorders will get a break on the list of documents required to prove they are in compliance with the hours of service rules.

2010 Commercial Vehicle Size and Weight Guide

New size and weight guide, courtesy of Xtra Lease, posted to the free resources section of www.loadtrektechnologies.com.

2009 Bottleneck Analysis of 100 Freight Significant Highway Locations

For Hire Truck Tonnage is Up

More slow but steady growth in tonnage

Survey Finds Cost Savings Are Top Concern

Almost half (48 percent) of the survey respondents said cost savings is C-level executives' main focus for fleet management in 2010 versus 36 percent from a 2009 survey.

CSA 2010 Rollout: What is Happening When?

April 12 – November 30, 2010 – Motor carriers can preview their own data by seeing their roadside inspections/violations and crash events organized by Behavior Analysis and Safety Improvement Category (BASIC).

June 30th – The Operational Model (Op-Model) Test will end.

July – The four “50/50” Op-Model Test states, Colorado, Georgia, Missouri and New Jersey, will join the five 100% Op-Model Test states in implementing the program.

August – Motor carriers will be able to see an assessment of their violations based on the new Carrier Safety Measurement System (CSMS) which will replace SafeStat later in 2010.

Fall/Winter 2010
SafeStat will be replaced by the CSMS. CSMS will be available to the public, including shippers and insurance companies.

FMCSA/States will prioritize enforcement using the CSMS.

FMCSA will begin to issue Warning Letters to carriers with deficient BASICs.

Roadside inspectors will use the CSMS results to identify carriers for inspection.

Winter 2010 - Safety Fitness Determination Notice of Proposed Rulemaking (NPRM) is scheduled to be released.

2011 – Enforcement staff will be trained, and new interventions will be implemented State-by-State

ATRI: Truck collisions down 11.7%, most wrecks in first 8 driving hours

Total collisions per million miles traveled for all fleets decreased 11.7 percent in 2009 from 2004. Preventable collisions per million miles traveled for all fleets also decreased 30.6 percent in 2009 from 2004. Both findings were statistically significant, according to the ATRI analysis.

Total driver injuries decreased 1.6 percent for all fleets and 23 percent for TL fleets. Both findings were statistically significant.
The majority of commercial vehicle collisions (87 percent) occurred within the first eight hours of driving. A similar trend was found in an analysis of fatal truck collisions using the Trucks Involved in Fatal Accidents (TIFA) database. A review of 2007 TIFA data showed that 80 percent of fatal truck collisions occurred within the first eight hours of driving.

Nearly 70 percent of drivers used part of the 9-10 hour at least once during the month. Approximately 60 percent of drivers used part of the 10-11 hour and slightly less (52 percent) used the entire 10-11 hour. The majority of drivers (79 percent) used the 34-hour restart at least once during a month.

In general, drivers used the 34-hour restart an average of three or fewer times per month. Among TL drivers, 56 percent used the 34-hour restart three or fewer times per month; LTL, 61 percent; and specialized, 66 percent.

DOT Projects EOBR Rule Release in December

The Department of Transportation said last week that it expects to publish in mid-December its follow-up proposal to require more fleets to use electronic onboard recorders.

DOT said it should publish the rule on Dec. 17. The agency previously projected issuing the rule on Dec. 3.

The Federal Motor Carrier Safety Administration recently issued a final rule requiring carriers with poor hours-of-service compliance to use an EOBR but said that future regulations could require more fleets to use the device.

US Trucking Regulatory Update - Using Technology

Check out this SlideShare Presentation:

US Trucking Regulatory Update - Using Technology

View more presentations from joelbeal.

CSA 2010 and "Clean" Inspections

TruckingInfo.com explores the importance of a "clean inspection" in the CSA 2010 schema.
1. Not all roadside inspections are truly inspections, some are "pre-inspection screenings".

2. The CVSA is considering changes to its operational policies that will encourage law enforcement jurisdictions to formalize and standardize their approach to roadside inspections.

LoadTrek at the Texas Mail Contractors Annual Meeting

LoadTrek Technologies will lead a learning session on CSA 2010 at the Texas Star Route Mail Contractors Association meeting in San Antonio.


Contact us to schedule a consultation while we are in south Texas on May 14-16.

Compliance, Safety, and Profits Webinar Tomorrow

We invite you to a short, informational Web-Conference to learn about the new trucking regulatory environment.

CSA 210 Special Report

CSA 2010 Motor Carrier Preview Data Now Available

Motor carriers can check their safety performance data. Your CSA 2010 data can be viewed until November 30. Percentiles – your ranking with other carriers – will not be available. Preview screen will show all inspections, and you can drill through to see violations.

1. If you do not have a carrier PIN, register online at https://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option.

2. Once registered, view your data at https://csa2010.fmcsa.dot.gov/login.aspx?ReturnUrl=%2fDataReview%2fDefault.aspx

3. On each BASIC screen you have the option to challenge inaccuracies by clicking on “Verify Data”.

4. Challenge suspect information at the FMCSA’s “DataQ” site; https://dataqs.fmcsa.dot.gov/login.asp.

Henry Vilas Zoo has a bike team, cool jerseys

DOT Issues Rule Requiring Electronic On-Board Recorders, Will Consider Broader Mandate this Year

The new EOBR rule, which is all over the news, has two parts; a requirement for carriers with 10% or more HOS violations, and a complete revision of the technical requirements. The new rule goes into affect on June 1, 2012.

The new regulation was published this morning in the Federal Register.

The requirements for those carriers who must install EOBR's is very clear. Those who install EOBR's voluntarily will receive relief from most supporting documentation requirements. EOBR's currently in use that comply with the current rules will not comply with the new rules. Check with your vendor to see what their plans are to comply with the new rules.

Head of Canada Truck Group Backs EOBRs for All Trucks Operating in North America

From Tranposrt Topics. Byline: Michele Fuetsch

Electronic onboard recorders should be mandatory for all truckers operating in North America, the president of the Canadian Trucking Alliance said.

“It is rather bizarre that, in 2010, our industry relies on an archaic paper-based system when the rest of the world and the rest of society . . . is moving to a digital electronic world,” David Bradley said.

Mandatory EOBR regulations would “level the playing field to make sure that everybody is complying” with hours-of-service rules in whatever country they are operating in, Bradley told Transport Topics.

CTA, Canada’s largest trucking advocacy group, has 4,500 carriers as members.

On both sides of the U.S.-Canada border, “I think there’s a lot of inventive bookkeeping going on,” Bradley said. “There are people who have a variety of reasons why they might be opposed, but a good number of them simply don’t want to have that sort of oversight, and that’s exactly what we’re trying to bring an end to.”

If governments are serious about safety and enforcing HOS rules, he added, they “should be using all of the tools” at their disposal to promote compliance.

Bradley commented in connection with a position paper CTA issued March 15 that called for a universal, mandatory EOBR rule in Canada and, eventually, in all of North America.

Transportation officials in both Canada and the United States are currently conducting policy reviews on EOBRs.

In the United States, the Federal Motor Carrier Safety Administration is considering expanding a proposed rule written during the Bush administration to require EOBRs for companies that fail several HOS reviews.

Current FMCSA officials said the agency might issue a new proposal before the end of the year.

In Canada, the Council of Motor Transport Administrators is working on a proposed EOBR rule to be issued in October.

In a position paper filed with the council, CTA urged policymakers to address unresolved issues with EOBRs that include a “reasonable, common-sense” approach to enforcement.

For instance, if truckers were stopped for an HOS violation 10 minutes from home or a rest area, then the industry likely would oppose an EOBR rule, CTA said.

The CTA position paper also called for harmonization of the rules between the United States and Canada and for driver protections that ensure EOBRs are used only to monitor hours, not to remotely control shutdowns or lockouts.

CTA also said that any EOBR rule should not prescribe specific types of technology and that policymakers should not be drawn into a large-versus-small carrier argument over cost effects.

“Anytime someone is breaking the law in order to run their business, they’re getting, arguably, a leg up on somebody else,” Bradley said.

EOBRs would help to set trucking rates that accurately “reflect what it really costs to run a trucking business safely,” he added.

In the United States, American Trucking Associations does not support a universal, mandatory EOBR rule.

ATA supports an FMCSA “remedial” approach that would require fleets with poor HOS compliance to use EOBRs, said Dave Osiecki, ATA’s senior vice president of policy and regulatory affairs.

“We think that that’s a good idea,” Osiecki said.

According to ATA policy, there would have to be “sound evidence” that EOBRs enhance safety before a mandatory, universal EOBR rule would be justified.

As more trucks have EOBRs, Osiecki said, increased data indeed might show the devices increase safety. For now, though, the evidence shows only that EOBRs increase compliance to HOS rules, he said.

Published Comments in the Federal Register Regarding NPRM 395.16

These are my official comments regarding NPRM 395.16, published om 17 April 2007.

Notice of Proposed Rulemaking 395.16

I believe that we'll find the new EOBR rule, when it is made public, to be largely consistent with the Notice of Proposed Rulemaking (NPRM)395.16. This NPRM is a reasonable compromise, weighing the needs of small and large companies. It allows competing technologies, is reasonable and clear. There are some troublesome areas, but it's about as good as we can hope for when this many parties are involved.

Paperless Drivers' Logs Whitepaper

With today's news that the White House has released the new EOBR rule, I decided to re-post the link to this free whitepaper on commercial drivers' paperless DOT logs.

White House Clears Final EOBR Rule

A final rule mandating electronic onboard recorders for carriers that have a history of serious noncompliance with hours-of-service rules could be just days away now that the White House Office of Management and Budget has cleared the measure. The Federal Motor Carrier Safety Administration is expected soon to publish the rule in the Federal Register. Details of the final rule won’t be public until FMCSA announces it.

WEBINAR: CSA 2010’s impact on the driver force

As carriers begin to cope with the realities of Comprehensive Safety Analysis 2010, they’ll look at retention and recruitment in new ways. In a webinar produced by Overdrive and Truckers News, Don Osterberg, Schneider National’s senior vice president of safety, security and driver training, will examine how fleets need to evaluate drivers’ safety performance and whether the new federal safety initiative will create a shortage of drivers with sufficiently clean records.

CTA Reiterates Support for EOBRs

The Canadian Trucking Alliance has reiterated its support for an electronic on-board recorder mandate in response to a discussion paper prepared by the Canadian Council of Motor Transport Administrators.

ATRI Seeks Comments on HOS - Online Survey

The American Transportation Research Institute (ATRI) is continuing data collection and analysis to measure Hours-of-Service impacts on driver safety. For this latest effort, data is requested on overall safety performance for calendar year 2009.

WEBINAR: Driving Change; March 18 at 1:00 PM CDT

Driving Change Webinar March 18 at 1:00 PM CDT

A short, informational webinar to learn about the tools and processes available to you. You can lead the change in your fleet by decreasing costs and improving the work environment.

How is fuel economy influenced by driver behavior?

How can I reduce my fleet’s emissions?

Will improved driving skills reduce maintenance costs?

How can I coach my drivers by measuring safe driving habits?

We'll discuss how successful fleets are answering these questions.

Commercial Vehicle Safety Alliance’s (CVSA) 2010 Workshop, April 19-22 in San Antonio, TX

WASHINGTON, DC (March 4, 2010) – Truck and bus safety specialists, together with law enforcement, government and industry from across North America, will convene at the Commercial Vehicle Safety Alliance’s (CVSA) 2010 Workshop, April 19-22 in San Antonio, TX, to assess processes and procedures that will improve commercial motor vehicle and overall highway transportation safety.

LoadTrek releases GPS White Paper

Ever wonder how GPS really works, what it will and will not do? This white paper describes GPS in an understandable way, without all the sales hype.

Canada looks to build EOBR rule with trucker comments

OTTAWA -- Hoping to solicit feedback from the trucking industry, the Canadian Council of Motor Transport Administrators has authored a discussion paper on electronic on-board recorders (EOBRs).

In preparation for a possible Canadian rule on EOBR usage, the paper highlights issues of compliance, data requirements and implementation, and how they apply to carriers' business.

Following a "project charter" drafted last fall, this paper includes a brief discussion on each issue associated with EOBR compliance and concludes with questions to guide carriers' input.

Harmonization with the U.S., is perhaps the most critical point for discussion. Arguably, impending EOBR legislation is driving a Canadian mandate and with close to ten million truck trips a year across the border, Canadian authorities want to be careful of not drafting a rule in isolation of how U.S. authorities approach the issue.

CCMTA acknowledges that the U.S.'s final is expected to be broader in scope than originally proposed, and a subsequent rule is expected later in 2010 that would capture a wider population of carriers.

EOBR's Make the NTSB's "Most Wanted List"

The National Transportation Safety Board released their "Most Wanted" list for 2010. On the list of recommendations for highway safety, they advise the FMCSA should "require electronic onboard data recorders to maintain accurate carrier records on driver hours of service."

Paperless Logs Webinar February 18 at 1 PM

LoadTrek will be presenting a short webinar on paperless D.O.T. paperless logging for commercial drivers. The webinar will begin promptly at 1:00 PM CST, and will last 30 minutes.

Topics covered include the regulatory overview, what changes for drivers, what changes for managers/supervisors, auditing and compliance, and an open question and answer period.

To participate, go to https://www1.gotomeeting.com/pjoin/503890401/105012293.

You can either listen using your computer, or you may use your telephone to call 916-233-3088, Access Code: 503-890-401.

Joel Beal will be the presenter. He has been involved with paperless logs since 1990, and has served on numerous committees, conferences, and panels concerning this subject. He has designed systems, and has implemented and trained hundreds of fleets for 20 years - as a fleet manager and as a technology supplier.

Ruan Transportation founder John Ruan passes away

Paperless Logs White Paper

Free white paper explaining what paperless logs are, how they work, and applicable regulations.

Former FMCSA Administrator Gives Inside Look Into Trucking Regs

TruckingInfo.com; Tuesday, February 9, 2010
Byline: Diana Britton, Managing Editor

During a conference call hosted by Stifel Nicolaus Friday morning, Annette Sandberg, Esq., the former administrator of the Federal Motor Carrier Safety Administration, provided an insider's thoughts on some of the most influential and pressing regulatory issues facing the trucking industry.

During the discussion, Sandberg, a principal at TransSafe Consulting, told listeners she would encourage officials at the FMCSA to provide carriers with a mechanism for seeing what their safety scores would look like under the Comprehensive Safety Analysis 2010. Sandberg said fleets need at least three to four months before CSA 2010 goes live to clean up their data.

"If they're not in a pilot state, they have no idea what they look like," she said.

While the FMCSA has been focused on the safety impacts of CSA 2010, it has not really been concerned about the financial impacts on fleets, Sandberg said. Particularly, there's the issue of whether brokers or shippers are going to be comfortable loading with a carrier that has a high score.

Under the new CSA 2010 system, carriers will be scored with additional scrutiny and under much more refined buckets, the seven Behavioral Analysis Safety Improvement Categories, or BASICs. As a result, carriers that had good scores under SafeStat are going to find themselves "deficient" in areas under CSA 2010.

The big question is, Sandberg said, "would [brokers and shippers] still load a carrier that has a deficient BASIC?"

EOBRs

Another regulation she commented on was the issue of electronic on-board recorders. A rule is currently in the White House, and Sandberg expects there to be a final rule on EOBRs this spring, if not summer. This rule would require recorders for carriers that fail to meet hours of service standards. It also will encourage voluntary use of recorders by various incentives, and will spell out new performance standards for the devices, taking into account the myriad technological developments that have occurred since the current voluntary rule was established in 1988.

For all carriers, "I believe that EOBRs will probably be mandated in the next five years, if not sooner," she said.

Sandberg said some owner-operators don't like EOBRs because they're expensive and they don't want to be monitored. However, she said so many in the industry already have GPS on their vehicles, and it's such a small step from GPS to EOBRs.

"It's going to be the minority that doesn't want them on," she said.

Hours of Service

Sandberg also touched on the controversial hours-of-service rule, something she joked as being a regulation that never ends. "I don't think we'll ever see hours of service end or finalized in my lifetime."

She believes the HOS rule won't be changed much, except for the split sleeper birth and rest breaks provisions. If the FMCSA mandates rest breaks, the question will be whether the break is inserted into the 14-hour allotment or whether the 14 hours is extended.

During "The Changing Regulatory Landscape and its Direct Impact on Trucking Industry Capacity" conference call, Sandberg tackled other regulatory concerns facing the trucking industry, including the reauthorization of the surface transportation bill, truck size and weight, the U.S.-Mexico border dispute, and driver health and drug testing. These are all issues that have been delayed or put on the back burner because of other legislative priorities.

CSA 2010 BASICs

CSA2010 will calculate a score based on seven “behavior areas.”

They include:

CSA 2010 BASICs:

• Unsafe Driving — Dangerous or careless operation of commercial motor vehicles (CMVs). Data includes driver traffic violations and convictions for speeding, reckless driving, improper lane change, inattention, and other unsafe driving behavior. (FMCSR Parts 392 and 397)

• Fatigued Driving (Hours of Service) — Driving a CMV when fatigued. This is distinguished from incidents where unconsciousness or an inability to react is brought about by the use of alcohol, drugs, or other controlled substances. Data includes (1) HOS violations discovered during an off-site investigation, on-site investigation, roadside inspection, or post-crash inspection, and (2) crash reports with driver fatigue as a contributing factor. (FMCSR Parts 392 and 395)

• Driver Fitness — Operation of a CMV by drivers who are unfit to operate a CMV due to lack of training, experience, or medical qualification. Data includes (1) inspection violations for failure to have a valid and appropriate CDL or medical or training documentation, (2) crash reports citing a lack of experience or medical reason as a cause or contributory factor, and (3) violations from an off-site investigation or an on-site investigation for failure to maintain proper driver qualification files, or use of unqualified drivers. (FMCSR Parts 383 and 391)

• Controlled Substances and Alcohol — Operation of a CMV while impaired due to alcohol, illegal drugs, and misuse of prescription medications or over-the-counter medications. Data includes (1) roadside violations involving controlled substances or alcohol, (2) crash reports citing driver impairment or intoxication as a cause, (3) positive drug or alcohol test results on drivers, and (4) lack of appropriate testing or other deficiencies in motor carrier controlled substances and alcohol testing programs. (FMCSR Part 392)

• Vehicle Maintenance — CMV failure due to improper or inadequate maintenance. Data includes (1) roadside violations for brakes, lights, and other mechanical defects, (2) crash reports citing a mechanical failure as a contributing factor, and (3) violations from an off-site investigation or an on-site investigation associated with pre-trip inspections, maintenance records, and repair records. (FMCSR Parts 393 and 396)

• Cargo Related — Shifting loads, spilled or dropped cargo, and unsafe handling of hazardous materials. Data includes (1) roadside inspection violations pertaining to load securement, cargo retention, and hazardous material handling, and (2) crash reports citing shifting loads, or spilled/dropped cargo as a cause or contributing factor. (FMCSR Parts 392, 393, 397 and HM Violations), and

• Crash Indicator— Histories or patterns of high crash involvement, including frequency and severity. Data includes law enforcement crash reports and crashes reported by the carrier and discovered during on-site investigations.

Recent roadside violations and violations that correlate most with crashes will be weighted more heavily than other violations. SMS will then rank carrier scores relative to their peers to determine which entities have specific safety problems.

What does this mean?

• For the first time, each commercial vehicle license holder will be assigned a ‘Safety Rating”.

• Drivers' safety rating will follow you regardless of the company you work for or contract with.

• Drivers' activity on the highway, i.e. roadside inspection violations, accidents, tickets, even warning tickets will have a negative impact on your personal safety rating.

• Drivers could be declared UNFIT and lose your ability to drive for a living as a result of a poor safety rating. Companies will HIRE and FIRE based on your safety rating.

Come See us in Las Vegas

LoadTrek will be attending the NSRMCA's regional meeting in Las Vegas on January 26-27.

A handy guide to commenting on hours of service

FMCSA is asking for HOS Submissions

The Federal Motor Carrier Safety Administration is asking people interested in participating in listening sessions on a future hours-of-service rule to consider questions on its website.

The agency posted five areas of discussion on its website in preparation for the listening sessions, scheduled for Jan. 19 in Arlington, Va., Jan. 22, at the Dallas Forth Worth airport and Jan. 25 in Los Angeles. The FMCSA has not announced a fourth session yet.

The topics are rest and on-duty time, restart to the 60- and 70-hour rule, sleeper berth use, loading and unloading time, and general.

The agency said it presented the questions for discussion. It will not necessarily include them in a Notice of Proposed Rulemaking but would request similar information in that document. Answers should be based upon the experience and information participants can share with the FMCSA.

Comments may also be submitted via:
•The Federal eRulemaking Portal at www.regulations.gov.
•Mail :Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
•Fax at 1-202-493-2251

Each submission must include the agency name and docket number, which is FMCSA 2004-19608.

The questions are posted at:
www.fmcsa.dot.gov/rules-regulations/TOPICS/HOS/HOS-Listening-Sessions.aspx.

FMCSA to Hold Public Listening Sessions on Hours-of-Service Requirements

The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) today announced it will hold four listening sessions in January to gather information and comments as the agency prepares a rulemaking proposal on hours-of-service requirements for property-carrying commercial vehicle drivers.

Tuesday, January 19, 2010
Doubletree Hotel Crystal City National Airport
300 Army Navy Drive, Arlington, Virginia 22202
9 a.m. – 5 p.m. EST

Friday, January 22, 2010
Hyatt Regency Dallas Forth Worth Airport
DFW International Parkway, Dallas/Fort Worth, Texas 75261
9 a.m. – 5 p.m. CST

Monday, January 25, 2010
Doubletree Hotel Los Angeles International Airport
1985 East Grand Avenue, El Segundo, California 90245
9 a.m. – 5 p.m. PST