Survey Reveals CSA, Hours of Service Most Concern Fleets

The American Transportation Research Institute (ATRI), the trucking industry’s not-for-profit research organization, today unveiled its list of the top ten critical issues facing the North American trucking industry.

The Federal Motor Carrier Safety Administration’s (FMCSA) Compliance, Safety, Accountability (CSA) tops the list for the first time in ATRI’s annual survey of more than 4,000 trucking industry executives.  The complete results were released at the 2012 Management Conference and Exhibition of the American Trucking Associations (ATA) meeting in Las Vegas, NV, the nation’s largest gathering of motor carrier executives.  The ATRI Top Industry Issues report also solicited and tabulated specific strategies for addressing each issue.

Ongoing concerns with recent as well as potential changes in the federal hours-of-service regulation caused that issue to remain in the number two position for the second consecutive year.  Many in the industry are concerned over how changes to the 34-hour restart provision, the addition of a mandatory rest break after 8 hours of driving, and threats to reduce total drive time will impact industry operations. Last year’s top industry issue, the economy, fell two spots this year to third place.  That issue topped the list for a record three consecutive years and remains a source of concern for many in the industry.  Worry over the increasing driver shortage put that issue at number four.  Economic recovery, CSA and HOS changes may be contributing factors to a shrinking pool of qualified drivers according to some in the industry.  

The ATA-commissioned survey results and proposed strategies will be utilized by the ATA Federation to better focus its advocacy role on behalf of the U.S. trucking industry and ATA Federation stakeholders.

"ATRI's annual survey of critical industry issues gives ATA, and all trucking stakeholders, a clearer understanding of the challenges our industry faces," said ATA chairman Dan England, Chairman of the Board, C.R. England, Inc., Salt Lake City, UT.

"As we all know, the trucking industry operates in a complex and evolving environment and we must constantly work to understand how economic and regulatory changes will impact the industry,” ATA President and CEO Bill Graves said. “By improving our understanding of the issues, we can be better stewards of the important job our industry is tasked with.  ATRI’s work once again gives ATA the information we need to effectively represent the industry.”

ATRI is the trucking industry’s 501(c)(3) not-for-profit research organization.  It is engaged in critical research relating to freight transportation’s essential role in maintaining a safe, secure and efficient transportation system.  A copy of the survey results is available from ATRI at www.atri-online.org.

EOBR Ruling: Short Term vs. Long Term Benefits?

Byline: Grady Winston

With the current rules and regulations that govern the trucking industry today, a fleet owner is left to wonder if the latest mandate for all interstate trucks and buses to have on-board recording is just one more way for “big brother” to keep an eye on them or if it will actually benefit businesses and distribution costs in the long run. In order to understand the electronic on board recorder (EOBR) ruling, you need to understand MAP-21.

Could the new EOBR ruling improve your distribution line, or make things more complicated?

What Is MAP-21?MAP-21 is a Congressional highway bill that was passed in June. As part of the package, the Federal Motor Carrier Safety Administration (FMCSA) will begin requiring the fleet tracking recorders that they say will set standards for data transfer, enhance security, driver accuracy and portability for law enforcement purposes.

FMCSA officials stated that through MAP-21, there would be a final rule one year from the time the bill becomes law, which would be Oct. 1, 2013. The all-important period of evaluation of comments and feedback will be heard during this time period, allowing the FMCSA to suggest possible revisions. This will be followed by a three-month review at the White House before it’s set in stone, which pushes the new law into effect in mid-2014.

What It Means To Fleet Owners

As fleet owners and independent owner-operators scramble to wrap their brains around yet another requirement, the Federal Highway Administration is working to become more transparent to fleet owners. Beginning in May 2010, the agency offered an online tool called Freight Performance Measures that uses data from thousands of trucks to identify highway choke points and average speeds of travel on interstate highways.

In turn, this information, also utilized by the government, can help prioritize highway spending. The tool can also help truckers, freight companies and shippers to determine which routes are better in order to avoid congested areas. The tool sounds like a win-win for both government and business, if the data is used properly.

Many trucks are already equipped with onboard GPS and satellite technology that reflects travel speeds across the country. Low speeds naturally reflect congestion. This technology is available to any business or owner-operator who has the on-board technology.

So with tools already available to fleet owners, officials are asking the questions of compliance dates for the new mandate. Issues have come up such as a time frame that will allow more than 3 million trucks across America to be outfitted with the new technology. For carriers already using various versions of electronic logs and GPS systems, a legacy system could be proposed that will allow for continued usage for a specific time period. It would most likely end in yet another government registration or certification for the approved devices in order to give truck owners clarity and compliance with this government ruling.

The on-board electronic recorders are designed to manage hours of service, run times and gas expense. While the benefits are obvious to fleet owners, it also leaves the question whether the new ruling will end up costing more than the benefits it should provide.

The average price of diesel has risen for seven consecutive weeks and is currently at its highest mark since May, and 20 cents more than it was a year ago. While the nationwide on-highway price per gallon of diesel sat at $4.026 in late August, the Energy Information Administration of the Department of Energy says that figure is up 6.1 cents from mid-month. Overall, diesel has risen 37.8 cents per gallon since the July 1st.

What It Means To Drivers

With all the costs, requirements, rules and regulations the trucking industry already keeps up with, another opinion has yet to be heard regarding the on-board recorders – the driver. Fleet owners probably won’t have to think long and hard to realize the change will not be a welcome one for the employee behind the wheel. The trucker’s opinions should also be heard in addition to everyone else who has a say-so on the subject. Will the new mandate leave the driver feeling as if he or she is not trusted? Will it affect worker morale and overall motivation? With GPS systems, on-board computers and other technology devices in place to track a trucker’s every move, the new recorder probably won’t be welcomed with open arms since it could increase the ever-present feeling of someone peering right over their right shoulder, watching and recording 24/7.

The upside for drivers is that, with time, it could create a greater bond of trust between the employer and driver, as well as helping to prove facts when questions arise regarding safety, truck problems or accidents. Read more athttp://www.business2community.com/government-politics/eobr-ruling-short-term-vs-long-term-benefits-0295847#AvYUZ73bk01RZCgL.99. 

New Research Assesses Link Between CSA and Safety

The American Transportation Research Institute (ATRI) today released a report examining the relationship between motor carrier CSA scores and actual crash involvement.  The research expands upon previous investigations by introducing a sophisticated statistical analysis that provides more accurate and direct results.

ATRI assessed all five public BASICs, finding a strong safety relationship for the Unsafe Driving, Fatigued Driving and Vehicle Maintenance BASICs; partial support for the Controlled Substances and Alcohol BASIC; and no statistical support for the Driver Fitness BASIC.  In fact, the data show that, as a carrier's Driver Fitness record improves, that carrier’s crash rate goes up.  “ATRI’s research identifies a key weakness in FMCSA’s Safety Measurement System,” said Scott Mugno, Vice President of Safety, FedEx Ground who testified on behalf of the ATA at a Congressional Subcommittee on CSA last month. “The conclusions in ATRI’s study support what many motor carriers have found to be true in their operations – namely, that scores in the CSA Driver Fitness BASIC do not bear a statistical correlation to crash risk.  However, the industry has always supported CSA where it does reduce crash risk and ATRI’s study validates that there are portions of CSA that are working as intended.”

Recognizing the flaws in current CSA profiles, ATRI proposes an alternative method for communicating fleet safety information to the public in a way that more accurately reflects carrier safety performance.

A copy of this report is available from ATRI at www.atri-online.org. 

ATRI is the trucking industry’s 501(c)(3) not-for-profit research organization.  It is engaged in critical research relating to freight transportation’s essential role in maintaining a safe, secure and efficient transportation system

Webinar for LoadTrek Customers: What's New in Version 3

Join us for a Webinar on October 4

Title: LoadTrek.net - Version 3.0.17 and Related Functionality Date: Thursday, October 4, 2012 Time: 12:00 PM - 1:00 PM CDT After registering you will receive a confirmation email containing information about joining the Webinar. System Requirements PC-based attendees Required: Windows® 7, Vista, XP or 2003 Server Mac®-based attendees Required: Mac OS® X 10.5 or newer Mobile attendees Required: iPhone®, iPad®, Android™ phone or Android tablet Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/509960904

Webinar: Learn All Abut MAP-21

The Federal Highway Administration (FHWA) invites you to participate in informational webinars on the recently enacted MAP-21 surface transportation authorization legislation. Recordings are also available for webinars that have already taken place

The webinars are designed to make you aware of the major changes brought about by MAP-21, and to provide a forum for beginning the national dialog FHWA wishes to have with you on questions and concerns as FHWA works to prepare for the October 1 implementation of these program changes and efficiencies.

These webinars are informational in nature and not decisional at this time. FHWA is still in the process of interpreting this newly enacted law, and we cannot respond to interpretation questions during the webinars. All other questions relating to MAP-21 are welcome.

Please see registration links below to register, or scroll further down to view and download the presentations and recordings of past webinars.

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Upcoming Webinars

September 26, 2012

Title:	MAP-21 Implementation for External Partners & Stakeholders
Date/Time:	9/26/12 1:30 PM - 3:30 PM Eastern Time
Description:	FHWA will discuss October 1 implementation of MAP-21 provisions.

September 27, 2012

Title:	MAP-21 Implementation for External Partners & Stakeholders
Date/Time:	9/27/12 1:30 PM - 3:30 PM Eastern Time
Description:	FHWA will discuss October 1 implementation of MAP-21 provisions.http://www.fhwa.dot.gov/map21/webinars.cfm

Driver Training: You Get What You Pay For - Truckinginfo.com

Driver Training: You Get What You Pay For - Truckinginfo.com

Free Webinar for LoadTrek Customers - New Mapping Features

Title:	LoadTrek.net - New Mapping Features - Locations & Radius
Date:	Friday, September 14, 2012
Time:	1:00 PM - 2:00 PM CDT

After registering you will receive a confirmation email containing information about joining the Webinar.

Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/698859912

EEOC mandates new rules on background checks

The EEOC’s recent guidance concerning employers’ use of criminal background checks on job applicants comes down to two words: Individual assessment. 

The bottom line of the agency’s recently released “enforcement guidance”: Blanket policies that automatically reject job candidates with criminal records are illegal.

The rationale: Such policies have been found to have a disparate impact on minorities, according to the EEOC.

The guidance comes on the heels of a recent settlement between the agency and Pepsi Beverages, which agreed to pay $3.13 million after EEOC investigation found that the criminal background check policy formerly followed by Pepsi discriminated against African Americans in violation of federal anti-bias laws.

The essence of the guidance: Employers have to make hiring decisions on applicants with criminal histories using three criteria. They are: 

1. The nature and gravity of the offense or conduct 
2. The time that has passed since the offense or conduct and/or completion of the sentence
3. The nature of the specific position.

The new wrinkle, however, is the agency’s “recommendation” that employers go through an extensive “individual assessment” on each candidate.

And that could mean a lot of headaches for HR. Here’s a list of the things EEOC says you should consider:

• The facts or circumstances surrounding the offense or conduct
• The number of offenses for which the individual was convicted
• Age at the time of conviction, or release from prison
• Evidence that the individual performed the same type of work, post conviction, with the same or a different employer, with no known incidents of criminal conduct
• The length and consistency of employment history before and after the offense or conduct
• Rehabilitation efforts (such as education or training)
• Employment or character references and any other information regarding fitness for the particular position
• Whether the individual is bonded under a federal, state, or local bonding program.

There is one (rather dim) bright spot here, however — if the applicant doesn’t cooperate by providing the background information the employer seeks, the company can make the hiring decision based on the information at hand.

The agency also offers a rundown of suggested best practices for employers using criminal background checks:

1. Eliminate policies or practices that exclude people from employment based on any criminal record.
2. Train managers, hiring officials, and decisionmakers about the federal prohibition on employment discrimination
3. Develop a narrowly tailored written policy and procedure for screening applicants and employees for criminal conduct.
4. Identify essential job requirements and the actual circumstances under which the jobs are performed.
5. Determine the specific offenses that may demonstrate unfitness for performing such jobs.
6. Identify the criminal offenses based on all available evidence.
7. Determine the duration of exclusions for criminal conduct based on all available evidence.
8. Include an individualized assessment.
9. Record the justification for the policy and procedures.
10. Note and keep a record of consultations and research considered in crafting the policy and procedures.
11. Train managers, hiring officials, and decisionmakers on how to implement the policy and procedures consistent with the law.
12. When asking questions about criminal records, limit inquiries to records for which exclusion would be job related for the position in question and consistent with business necessity.
13. Keep information about applicants’ and employees’ criminal records confidential. Only use it for the purpose for which it was intended.