FMCSA extends EOBR comment period to May 23 2011

The FMCSA has extended by 45 days the comment period for the proposed rulemaking on Electronic On-Board Recorders and Hours of Service Supporting Documents.

To comment online, go to www.regulations.gov, type FMCSA-2010-0167 in the keyword box and then click on any “submit a comment” link.

LoadTrek will not be commenting, but we will answer questions from our clients who wish to comment.

CVSA Opposes the Proposed HOS - Complexity Opens Doors to Falsification

Efficiency in the Early Years

A good article from CCJ by Jack Roberts on the history of fuel economy.

The quest for fuel efficiency started long ago. We've come a long ways. My 1980 International CO4070 could barely break 5 MPG if I held the speed down.

Putting the Company in the Cab

This is an excellent article by Aaron Huff on the history of fleet management systems.

Important Regulatory Changes for the Trucking Industry

Legislation follows a constitutionally mandated and familiar path. Regulations, on the other hand, follow a lesser known path. Agencies propose regulation notices, and the White House Office of Management and Budget reviews these regulations. A public comment period follows, and then a final rule is published. If you want to influence the regulations that apply to you, the comment period is that chance.

The Hours of Service comment period ended Friday. 7000 comments were registered from companies, groups, drivers, and concerned citizens. LoadTrek.net commented, as did the members (our clients) of the NSRMCA. I have browsed all comments and read many. I did not see one comment in favor of the proposed regulation. I am sure there were some, but the overwhelming majority is opposed to these regulations. If the FMCSA publishes the regulation anyway, they will do so in the face of overwhelming opposition.

There is another proposed regulation for EOBR's - paperless HOS logging. This has been in process since 1990, so it took no informed person by surprise. However, for some reason, there are only 100 comments so far - and the deadline is April 4.

We do not support or oppose the EOBR proposed regulation. We'll have a product and service that will respond to whatever they come up with. We currently include EOBR-functionality in our system, and every one of our customers uses it and likes it. We'll do the same in the future.

Truckers, on the other hand, have plenty of reasons to both support and oppose this regulation. We're glad to help our clients respond to this proposed regulation by giving you factual answers from this side of the fence. Contact us with any questions you may need answered to make an educated response.

Deadline for Comments is Tomorrow at 2359 EST

The deadline for submitting a comment to the Federal Register on the Notice of Proposed Rulemaking for Hours of Service is tomorrow.

Please consider commenting, if you have not already. We are supplying a template for LoadTrek.net customers to use, contact us for a copy. This template includes instructions, proper formatting, as well as a very powerful case study.

NSRMCA Posts Response to the Federal Register

We assisted the National Star Route Mail Contractors Association formulate the official response to the Federal Register regarding the Hours of Service proposal. This proposal, if enacted, will be detrimental to drivers' pay and will increase operating expenses.

You may obtain a copy of the response by contacting us.

Take it from a trucker: Be safe by paying attention to the road

CarrierWatch CSA Report is Now Available from LoadTrek.net

Larger carriers had significantly lower BASIC (Behavior Analysis and Safety Improvement Categories) scores than smaller carriers.

There are significant state-by-state and regional differences in particular BASIC scores: Carriers domiciled in certain states appear to be scored more stringently than carriers domiciled elsewhere for controlled substances, unsafe driving, fatigued driving, and vehicle maintenance.

More carriers have alerts under CSA when compared with SafeStat, the FMCSA’s previous carrier safety evaluation program.

Werner Enterprises Tests New HOS Rule

Oil (and diesel) are going wild again.

We can't seem to get any stability in the crude oil market. $100/BBL is clearly a significant point of support. While we can't predict where diesel fuel is going, we do know it's important to maximize every mile, hour, and gallon.

A study by Aberdeen Group shows that companies using onboard technology:

1. Vehicle Utilization by 10%
2. Regulatory compliance by 25.8%
3. Driver compliance by 27.9%
4. Vehicle downtime by 15.4%

FMCSA Listening Session Report

Independent Review Casts Doubt on new HOS Proposal

The FMCSA miscalculated costs by $700M annually, made unreasonable assumptions, and sampled only carriers subjected to a compliance review according to a report by Edgeworth Economics.

For a copy of the "Review of FMCSA's Regulatory Impact Analysis for the 201-2011 Hours of Service Rule" - contact Joel by clicking on the link in the headline.

Deadline to comment to the propsed HOS has been extended to March 4, 2011

FMCSA Ends BMC-32 Cargo Insurance Requirements March 21

ATA addresses regulatory issues at TMC annual meeting

By Jeff Crissey - CCJ

During the Technology & Maintenance Council’s 2011 Annual Meeting in Tampa, Fla., American Trucking Associations President Bill Graves addressed conference attendees and industry suppliers on a number of regulatory issues, including the new proposed rule from the Federal Motor Carrier Safety Administration that would mandate electronic onboard recorders.

ATA says carriers should accept the inevitability of an EOBR mandate and begin embracing the technology. Citing studies that show positive correlations between companies that log driver hours electronically and the overall safety of those companies, Graves said it is difficult for ATA to oppose such a mandate.

“We are on that glide path today where every vehicle very soon will be required to use electronic logging,” said Graves. “As much as we still have individuals in our industry unwilling to embrace electronic logging, it is simply going to happen.”

Graves also recognized the efforts of TMC’s onboard vehicle electronics committee to ensure technical performance and accuracy, issuing a 22-page technical policy advisory for EOBR systems that will assist ATA in shaping comments for the proposed rule.

HOS Response Template Document Available

LoadTrek.net has made available a comprehensive document that can be used as a template when responding to the FMCSA's Notice of Proposed Rulemaking for Hours of Service.

This document is the result of interviews with fleets and uses data mined from the FMCSA, DOT, and NHTSA. It is available to LoadTrek.net clients free of charge.

Average December Linehaul Rate $1.55/mile

How the Heck did FMCSA end up doing HOS Again?

This is a really good, short, and accurate article on how we ended up in this situation.

Reminder: February 28 is the last day to comment.

Free Educational Webinar for LoadTrek.net Clients

Rating and Billing Loads
February 10, 2011; 1000 - 1100 CST

More Carriers have CSA Alerts than under SafeStat

FMCSA Notice of Proposed Rulemaking: Electronic Onboard Recorders and Hours of Service Supporting Documents

Thoughts on the EOBR Mandate

I have been asked to comment on the EOBR mandate. Normally, we comment on those things that are important to our LoadTrek.net clients, and the EOBR mandate will in no way affect their strategy or operations. However, this EOBR mandate is so important that we need to comment.

Reliable news is important. Avery Vise from CCJ is one of the best reporters in our business, I recommend any article he writes. You will have the opportunity to comment if you wish, in the same manner that our clients are currently commenting on the proposed changes to the Hours of Service rules. You need to stay informed. Avery's first article after the release of the proposal is at http://www.ccjdigital.com/fmcsa-proposes-to-mandate-eobrs-for-interstate-carriers/.

The EOBR mandate will dramatically change our industry, which provides telematics and software to the trucking industry. As when deregulation hit the trucking industry in 1982, there will be good players and bad players, some will survive and many will fail. It is important for fleets to pick the appropriate technology partner.

We had the opportunity to study this matter at length during a company meeting in Madison WI this week. I have included pictures from our afternoon team-building exercise on Wednesday - extricating our trucks from the parking lot. Some companies sit around and stare at their navel for inspiration, we drive trucks and shovel snow. I have been involved in this business for 23 years; as a fleet manager running the Tripmaster system from 1988 to 1994, and on the supplier side of the fence since 1994. This mandate is not exactly a surprise - it has been on the NTSB's "Most Wanted" list since 1990. I served on committees dating back to 2001 that discussed and provided input on this same topic. There are many divergent opinions on this matter, many of these opinions on both sides of the debate have merit. As for LoadTrek.net and those fleets running the LoadTrek.net transportation system - it all simply does not matter.

Fleets buy LoadTrek.net because it makes clear financial sense. Some fleets may buy less expensive and less robust products simply for electronic logs - but not our clients. LoadTrek.net includes the best EOBR solution I have seen, but it's only a small part of the entire system. Fleets look to cut emissions, save fuel, enhance driver productivity, perform smarter routing, enable intelligent dispatch, save administrative costs, comply with regulations, intelligently bid on new business, and analyze their financial performance with LoadTrek.net. Some fleets are only interested in doing the bare minimum - and those fleets will not be doing business with us. If you are reading this - you are likely a client. And, you do business in a different manner. We want to do business with fleets like you, those who plan and execute strategies that create sustainable profits and growth.

Even though our company will not be commenting or taking a position on this matter, we will take any questions from you regarding this very important topic. Contact us and we'll share our knowledge and resources.

Questions Arise About Study Used to Justify 34-Hour Restart Change - Truckinginfo.com

Questions Arise About Study Used to Justify 34-Hour Restart Change - Truckinginfo.com

FMCSA Proposes Nearly Universal EOBR Regulation

The FMCSA today published a Notice of Proposed Rulemaking regarding Electronic Onboard Computers for the purpose of automating commercial drivers' hours of service recordkeeping.

From the rule summary:
"Under this proposal, all motor carriers currently required to maintain Records of Duty Status (RODS) for HOS recordkeeping would be required to use EOBRs to systematically and effectively monitor their drivers' compliance with HOS requirements. Additionally, this proposal sets forth the supporting documents that all motor carrierscurrently required to use RODS would still be required to obtain and keep,as required by section 113(a) of the Hazardous Materials TransportationAuthorization Act (HMTAA)."

Free Educational Webinar for LoadTrek Customers

Topics: Route Setup and Review for Accurate USPS Reporting.

FMCSA to Hold Public Listening Session on Hours-of-Service Proposed Rule

WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today announced it will hold a public listening session on its regulatory proposal that would revise hours-of-service (HOS) requirements for commercial truck drivers on February 17, 2011 in Arlington, Virginia.

The public listening session will be held at the Crowne Plaza Washington National Airport Hotel, 1480 Crystal Drive, Arlington, Virginia. To encourage maximum public participation, the entire listening session will be live webcast at www.fmcsa.dot.gov. Additionally, as part of the webcast, FMCSA officials will take online comments and questions from the public starting at 12 noon until 12 midnight EST.

The goal of the listening session is to gather a broad range of comments, ideas and relevant data as the agency analyzes responses to its HOS regulatory proposal issued on December 23, 2010. Hours-of-service requirements are designed to help prevent commercial vehicle-related accidents, injuries and fatalities by prescribing on-duty hours and rest periods for commercial drivers.

1. Crowne Plaza Washington National Airport
   1480 Crystal Drive, Arlington, Virginia 22202
   9 a.m. - 5 p.m. EST / Live Webcast
   FMCSA officials take online comments and questions from 12 noon to 12 midnight EST

To learn more about federal HOS requirements, please visit the FMCSA website at http://www.fmcsa.dot.gov/rules-regulations/topics/hos-proposed/statement.aspx. Interested persons may also contact David Miller, FMCSA Office of Policy Plans and Regulation at (202) 366-5011.

37 groups ask Congress for hearing on HOS to protest proposal

How to Measure your Vehicle Technology Return on Investment

Deadline to Comment on the HOS Proposal is February 28

We have a month to get our comments into the Federal Register regarding the proposed changes to the US commercial drivers' Hours of Service regulations. We are setting up webinars now to help you respond. You can read about the proposed changes HERE.

Contact us to set up an appointment.

HOS comments rolling in to FMCSA

What was True Yesterday in Safety Management is True Today

Companies with the best safety records have a three-pronged approach of safety awareness programs, safety training, and measurement of driving performance with on-board recorders.

- NTSB, 1999

Caro Thefts Rise 4.1% in 2010

Trasnportation Research Board's 90th Annual Meeting

The Federal Motor Carrier Safety Administration's (FMCSA) Office of Analysis, Research, and Technology (ART) is hosting a forum titled FMCSA's Analysis, Research, and Technology Program. The Forum, being held in conjunction with the Transportation Research Board's (TRB) 90^th Annual Meeting, will take place on:

Tuesday, January 25, 2011, 8 am - 12 pm
Marriott Wardman Park Hotel, Salon 3
Washington, D.C. 20009

Topics to be covered include:

• The Wireless Roadside Inspection Pilot Test Preliminary Findings
• Update on CSA 2010
• Smart Roadside Initiative Overview
• Effectiveness of Fostering Safety Culture in Motor Carriers
• Data Quality Improvement Efforts in FMCSA
• Investigation into Motor Carrier Practices to Achieve Optimal CMV Driver Performance

The ART Forum is open to the public at no cost. Simply go to Salon 3 and sign in. If you plan to attend other sessions of the TRB Annual Meeting, you must register separately and pay a registration fee.

Come See us Next Week in Las Vegas

We will be at the Western/Central Regional Meeting of the NSRMCA at the Golden Nugget in Las Vegas January 18-19. Make an appointment to see us if you'd like to discuss the USPS GPS requirement, the changing regulatory environment, or operational issues you'd like to better control.

LoadTrek Customers: Free Advanced Educational Webinar Series Starts in January

Executive Summary of the Proposed New Hours of Service Regs

FMCSA OK's Electronic Signatures

This is a very big deal, and good news for fleets running onboard computers and make extensive use of paperless processes.

This makes no difference to fleets running compliant electronic paperless logs-as this is directly addressed in 395.15/16.

This is important for fleets who use paperless Driver Vehicle Inspection Reports, which in LoadTrek are part of the driver's login process. This also means you can use electronic versions of other required documentation - other than direct correspondence with the agency where a signature is required.

The Federal Motor Carrier Safety Administration has issued regulatory guidance that establishes parity between paper and electronic records and signatures, expanding interested parties’ ability to use electronic methods. FMCSA has received a number of requests from motor carriers and other interested parties asking permission to use electronic signatures in lieu of handwritten signatures on paper.

Any electronic document or signature is considered the legal equivalent of a paper document or signature if it is the functional equivalent with respect to integrity, accuracy and accessibility, and that anyone may use electronic methods so long as the electronic documents or signatures accurately reflect the information in the record and remain accessible in a form that can be viewed and/or reproduced accurately according to agency rules.

If the FMCSA asks for any documentation, you may use the electronic equivalent of a paper document as long as you can produce it in the timeframe requested - generally within 48 hours before an audit and immediately during an audit.

We have the Regulatory Guidance from the FMCSA contact us if you would like a copy, or have any questions on how this affects your fleet. We have DOT experts and safety/compliance consultants who can address your circumstance.

Guide to Understanding and Responding to the Proposed New Hours of Service Regulations

This document summarizes the seven changes proposed by the FMCSA to the Hours of Service regulations. It also provides instructions for commenting on the proposed regulation.

Proposed Hours of Service Regulation posted to the Federal Register

For an electronic copy, contact us. Deadline for public comments is February 28.

Free Copy of "Trucking 101".

Download a free copy of the "Trucking 101" from the Transportation Research Board of the National Academies. This is an excellent, updated source of information about our industry.

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.