Open Season on GPS Records

In December, 2008, the FMCSA quietly issued a rulemaking in which it served notice that it could check GPS records during an audit without restrictions. In 1997, the FMCSA had set its previous policy on GPS, which was that they were off limits, except in certain limited circumstances. The present policy says investigators can check those records, if they wish.

The Midwestern Service Center for FMCSA, which covers from Ohio to Nebraska, is checking these records in every audit they conduct, no questions asked. For example, if you are a carrier in Iowa, and you get audited, the inspector is going to ask for your satellite records. If you use Qualcomm, Peoplenet, or any other type of satellite tracking for your trucks, you will have to turn over those records, and they will be compared against the logs.

This is a major deal. I’m sure many of you over-the-road carriers have been audited previously, and have passed. It is very likely if you get audited again, you will not pass. GPS records have dozens of timed locations of each truck per day. The chances of the driver matching all of those locations to his logs exactly are not good.

The rules are these: If a record is generated, you must retain it for six months. In other words, if your GPS is set up to ping the truck once an hour, you will have to produce for DOT during an audit 24 timed locations per day, for six months. If your GPS is set up to ping the truck once a day, you need to produce 1 timed location per day, for six months.

There is no requirement to utilize GPS. If you decide to turn off your GPS, no records are generated, therefore, you do not have to turn over any GPS records during an audit. If the record is created, you must give it to the auditors. All motor carriers who use GPS should prepare themselves for this type of audit, especially if you are in the Midwest. Your Satisfactory rating depends on it.

DOT Signals Change in the Hours of Service Rules

After defending the new hours of service rules since 2003 when they were implemented, DOT is waving the white flag, surrendering to the safety crazies. In late October, 2009, DOT Secretary Ray LaHood announced the agency was starting over in developing an hours of service rule. In exchange, Public Citizen and the safety crazies have suspended their lawsuit against the agency. Quid Pro Quo.

The DOT has said they will have a proposed rule in 9 months, and a final rule in 21 months. If they stick to this timetable, this means you will have a new set of hours of service rules to work under in 2 years. My guess is they will adhere to the timetable, since the rewrite is going to be relatively simple. I believe (and I have no inside information on this, it is merely my educated guess), the new rules will be a 10 hour rule, instead of 11, the 14 hour rule will stay the same, and we’ll lose the 34 hour restart of the 70 hour rule. That’s my guess, although it might be worse than that, since Joan Claybrook is writing the rule.

The new rule will not prevent any more accidents than the current rule. Bank on that. It will make transportation more costly and less efficient. These costs will be partially absorbed by the industry, although most of them will be passed along to the consumers. So prepare yourselves: in 2 years you will not be allowed to work as many hours as you do today.

Update on West Virginia Wheelchair Fatality

Here is a link to a good synopsis of the October 26, 2009 accident, where truck driver Michael Joyce hit Deris Scott, who was in a wheelchair, at an intersection in Kenova, West Virginia.

Apparently, it was as I guessed, the truck was making a wide right hand turn, the trailer tires went up on the curb where the wheelchair was, and they hit Scott, who was knocked out of the wheelchair. The chair itself was dragged under the truck for two blocks. The local authorities have charged the truck driver with a felony for leaving the scene of the accident, which is punishable by up to 3 years in jail.

There are nearly 500 comments on the accident at the link. They seem to be running strongly against charging the driver with a felony. If you are a driver, you had better know where your trailer tires are, especially when you are turning. That being said, I don’t think I’d charge him with a felony.

Fatal Wheelchair Accident in West Virginia

Here is a strange little story involving a tractor-trailer fatality in Kenova, West Virginia. On Monday October 26, 2009, a tractor trailer, driven by Michael Joyce, hit Deris Scott at an intersection, who was in a motorized wheelchair. This is the original article. Here is the followup article. The articles have very little details. Joyce hit Scott with his rear wheels, who was trying to cross the street. Joyce apparently did not know he hit Scott, and he did not stop, until the interstate when he was flagged down by other motorists. Joyce has been charged with leaving the scene of an accident, and negligent homicide.

Since there are no details, I’m going to guess here. The wheelchair was hit by the rear wheels, so I’m guessing the truck was making a turn, and the wheels ran over the curb. Either the driver didn’t see the wheelchair sitting there, or the man in the wheelchair did not anticipate the truck turning wide, and the wheels coming up over the curb. Is this what happened? I don’t know, but it might be. I will watch for more details.

I can see both sides of this. You can’t blame the driver for leaving the accident scene, if he didn’t know any happened. I guess the authorities think he should have seen the wheelchair, since they charged him with negligent homicide. If you’re a driver, you must know where your trailer wheels are tracking. I’ll see if I there is any followup to this story.