Bus Crash in Philadelphia Injures 16
On Monday May 17 at 3:00pm, a bus owned by Del Val Staffing flipped over several times in the Port Richmond section of Philadelphia. The driver exited I-95 at the Allegheny/Castor Ave. exit when the driver lost his brakes, and then lost control. There were several injuries, including one which was critical. This picture is from the Philadelphia Inquirer article.
Right off the bat, I would say things look very bad for the people at Del Val Staffing. One, it appears as if Del Val Staffing may not have a DOT #, despite this trip taking place in interstate commerce. Two, more importantly, it appears the bus did not have any brakes. This takes place in the jurisdiction where a no-brake fatality accident in January 2009 on the Schuylkill Expressway ended up in jail time a few weeks ago. In that case, a truck driver smashed into stopped traffic, causing one fatality. He could not stop his truck due to severely worn brakes. The driver received jail time, as well as his boss, who knew about the bad brakes, and the owner of a repair shop, who had sold them current inspections stickers, without actually doing the inspection.
Last week, I was arguing with a colleague about the value of the DOT. On the one side, I think they often crucify small business for things which have nothing to do with safety. On the other hand, when they punish obvious, willful, dangerous people, they are actually doing their job. I applaud the DOT people who brought the Schuylkill Expressway case to a successful conclusion, and hope they thoroughly investigate this accident as well.
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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
Learn more about Arnold Safety compliance consulting services at ArnoldSafety.Com.
OOIDA Concerned About Texting Rule
There’s an interesting article in the online Landline magazine, regarding the proposed rulemaking instituting FMCSA’s texting ban. Apparently, the OOIDA is concerned because as they read the rulemaking, Qualcomm type devices which ping the driver while driving with written messages are acceptable, but smart phones and laptops, which do the same thing are not. Qualcomm type devices, of course, are primarily used by larger carriers, whereas the other devices are often used by very small carriers who cannot afford the Qualcomm or PeopleNet type solution, but still want to have some type of contact with their drivers. OOIDA President Jim Johnston said, “because the proposed ban covers those devices and not fleet management systems, this rule imposes a disparate burden on small business.”
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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
Learn more about Arnold Safety compliance consulting services at ArnoldSafety.Com.
Fiery Truck Crash in Dallas
This happened last Thursday, April 8, 2010 in Dallas. The story and pictures are courtesy of WFAA.com, of Dallas. A tractor-trailer collided with a slow moving vehicle from the Toll Authority, and immediately caught fire. All drivers involved in the crash survived with minor injuries. In one of the videos, the truck on fire is identified as a tanker, which turned out not to be true. It was a van with 40,000 lbs. of frozen chicken.
There’s really no moral to this story, I just thought I’d post it because at the link, they have a traffic camera showing the accident as it happened, so you can get a good look at a big truck wreck as it happens.
FMCSA Will Mandate EOBRs for Log Violators
The FMCSA issued a rulemaking last week which will force motor carriers accused of violating the hours of service regulations to install electronic on-board recorders (EOBR) in all of their trucks. Here is the Federal Register. It’s 46 pages long, so I’m not going to regurgitate it all here.
An EOBR is a computer-GPS type device which tracks where the driver and the truck are at. Basically, it takes the place of a logbook. It shows everywhere the driver has been, and the times he was at those locations. It is extremely difficult to falsify your hours of service, if an EOBR is recording where you are.
FMCSA’s regulations state that if a motor carrier is alleged to have 10% of more violations in a “critical” hours of service regulation, that motor carrier will be forced to install the EOBRs within 60 days. The motor carrier will be required to keep the EOBRs in the trucks for 2 years. These regulations will be effective on June 4, 2012.
This is a big deal. As far as the hours of service regulations go, I have always used the speed limit analogy. The limit might be 55 miles per hour, but no one actually drives 55, and it’s not enforced at 55. It’s enforced more like 10 miles over. It’s the same with the logbooks. If you do not have an EOBR, then your logs must match whatever timed documents you have, such as tolls, fuel statement, scale tickets. This enables drivers to cheat an hour or two here and there. Not so with an EOBR. Every last thing the driver does, is visible to DOT.
For the over-the-road, for-hire type carriers, if you don’t want to be forced to install black boxes in the trucks, and be forced to run strictly legal, then you cannot fail the hours of service part of a DOT audit. If you are forced to install the EOBRs, you’ll lose drivers, operational flexibility, and probably customers too, as your competitors won’t be subject to limitations of running strictly legal. Then there’s the cost of buying the equipment. These units are probably going to cost between $1,000 and $3,000 to install per unit. Then you have the cost to train the drivers, that’s another several thousands of dollars in lost time. Basically, if you have 10 trucks, you could be looking at $20,000 – 30,000 worth of equipment and training. If you don’t have the cash flow to make that kind of outlay, you’ll be done.
If you are not an over-the-road guy, say you’re a landscaper or construction outfit, this rule applies to you as well. Maybe your drivers only work 8 hours a day, but you’re sloppy on your paperwork, and they don’t fill out time records every day, like they should. If DOT finds more than 10% of your time records missing, you have to get the EOBRs. At least for the over-the-road drivers, the EOBRs do provide some benefit, such as tracking your vehicles, and eliminating that 5 minutes a day a driver fills out his logs, but if you’re a landscaper, you just bought a very expensive technology you don’t need.
The good news is this won’t happen for another 2 years, so I will revisit the topic before then. My recommendation is that you thoroughly audit your logs on a monthly basis…. or hire someone like me to do it for you. If you are getting audited, you’d better have me there, because if they write you up for log violations, you’d better get a loan to buy all the EOBRs the government demands you have.
CSA 2010 Implementation to be Delayed?
The CSA 2010 implementation will be delayed… probably until 2011 according to the American Trucking Association. The FMCSA denies this, and says everything is on schedule, and that an implementation schedule will be issued in a Federal Register in the coming weeks. Just so you know: that means the coming months.
What does it all mean? It means what I’ve been saying from the get-go…. CSA 2010 means CSA 2011 or 2012. One of the undeniable laws of government; they overpromise and underdeliver.
While we are on the subject, here are a few thoughts on CSA 2010. My customers have been ringing my phone off the hook on the subject, whereas I have not gotten that excited about the topic. First: it’s a new way of ranking the motor carriers, and will replace Safestat. It’s unknown if the ranking system will be dramatically different, my guess is in won’t be. In other words, if you’re at the top of the Safestat rankings, you’ll probably be at the top of the CSA 2010 rankings, too.
Second: CSA 2010 does not change the regulations. You still have to take a 10 hour break, you still need a medical, you still need to annually inspect your truck. Third: FMCSA intends to contact more carriers. They are going to use new methods such as conducting audits via the mail and phone, rather than making on-site visits. I suspect they may even send out civil fines based on roadside inspections. Fourth: Drivers are going to be ranked as well, counting up all of their roadside inspections, and/or moving violations that FMCSA has in their giant database. This information can be checked by prospective employers. Drivers who have poor scores will probably be locked out of the better paying jobs, as the more reputable carriers will not want to chance a driver with a poor history.
Finally, the FMCSA wants to eliminate the Satisfactory, Conditional, and Unsatisfactory rating system they have in place now, and replace it with the CSA 2010 scores. My opinion is this will never happen. Maybe this is what is being delayed. There are several legal issues the agency needs to solve before this happens, and I highly doubt they’ll be able to do it. The new ranking methodology, the background check website, and threatening letters in the mail…. all of that you might see by the end of the year.
I-80 Tolling Scheme Rejected!
Every now and then, something happens to slightly restore your faith in govenment. Yesterday, April 6, 2010, the Federal Highway Administration (FHWA) rejected Fast Eddie Rendell’s scheme to toll I-80 across Pennsylvania. The main reason was that Rendell was not going to use all the money (or probably even most of the money) to maintain I-80, he was instead going to funnel the taxes to mass transit in the cities, or God knows what else.
Here is an article from our local leftist paper, the Reading Eagle. It laments the loss of millions which the local bus authority would have gotten from the tolls. Actually, I’m not sure how you can “lose” something you never had to begin with, but there you go. Now, Rendell will have to go back to the Legislature for his tax increases. If he wants to raise my taxes so there can be cheap bus service in Philadelphia, then let him and the rest of the slimy Legislature vote for it in broad daylight, instead of trying to get the FHWA bureaucrats to approve it. Yea FHWA! (Never thought I’d say that).
DOT is Launching Background Check Website
DOT is launching its Driver Pre-Employment Screening Program (PSP). It has set up a website, www.psp.fmcsa.dot.gov, where employers can check out safety data on prospective employees. The data will consist of any roadside inspections, or accidents the DOT has a record of, going back probably at least 10 – 15 years. This information in the DOT’s giant database is almost certainly more comprehensive than the information found on State Motor Vehicle Record histories.
This website, at present, will cost $10 per inquiry to access. Companies can buy a $100 annual subscription, although carriers with less than 100 power units can buy an annual subscription for $25. An employer must provide authorization from the prospective employee in order to access his information.
While it is not required to use this database, it can be very useful for motor carriers. Violations found in the database will be things like, hours of service violations, failing to secure a load, operating with a suspended license, or even having alcohol or drugs in the truck. In addition, it will also identify things like following too closely and speeding.
A word of caution: DOT’s database is notorious for not being 100% accurate, so I wouldn’t trust the information in there with absolute certainty. However, as an employer, going this extra step in screening your employees could save you major dollars. I have always believed that 80% of a company’s problems on the road are caused by 20% of their drivers. If you can weed out some of that problem 20%, a good chunk of your problems will disappear.
Finally, if one of your drivers is involved in a big crash, is discovered to have an unsafe driving history, and it turns out you did not utilize this available tool, the plaintiff’s attorney is going to have a field day with you. DOT expects to have it fully functional by late summer.
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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
Learn more about Arnold Safety compliance consulting services at ArnoldSafety.Com.
The Federal DOT Has Been Closed
The FMCSA is currently closed, due to lack of funding. How funny is that? I’ll be the first to admit I don’t totally understand the how’s and why’s of what Congress did or didn’t do. Nevertheless, it appears that late Friday, the Senate was approving a 30 day stop-gap measure to keep the DOT going, which is always done by unanimous consent, and all the Senators always go, ‘aye’, and the money gets spent. Except this time. Retiring Senator Jim Bunning (R) from KY, who threw a perfect game for my Philadelphia Phillies in 1964, did not consent. And then the Senate adjourned until Tuesday, so there’s no money until they get Senator Bunning on board.
Don’t feel too bad for your local DOT auditor though. The last time this happened to them in 1995, I was working there. We stayed home a day or two, and then went back to work, and got paid just as if we were at work. It’ll be interesting to see how quickly they resolve this, my guess is the FMCSA will be open for business on Wednesday. Hopefully, there won’t be death and mayhem on the highways before then without the government to protect us. My guess is there won’t be.
New Entrant Audit Is Now More Difficult
On December 16, 2009, FMCSA changed their procedures regarding the “New Entrant” audits. Here is the Final Rule, complete with all the legalese. A “New Entrant” is a person or a business who starts in business, and wants to operate trucks on the road across state lines. The regulations calls that person or business a “motor carrier”. A motor carrier must undergo a safety audit by the FMCSA within 18 months of beginning operations. During this audit, FMCSA will determine whether or not this New Entrant motor carrier is complying with the safety regulations. If they pass the audit, they get a letter in the mail blessing you, and they continue to operate.
Prior to December 16, 2009, it was relatively easy to pass the audit. Too easy, according to Congress, who demanded the audit become more difficult to pass. So, voila, FMCSA has made the audit more difficult. What will cause you to fail an audit? Well, for example, not doing random drug and alcohol testing. Not making records of duty status. Not having annual vehicle inspections. All of these will cause you to fail the audit. What happens then? At that point, you enter into Bureaucratic Mumbo-Jumbo Land, and believe me that’s a place you don’t want to be. You will have to demonstrate to them you have fixed your problems, and then they might bless you to operate. Once you enter Bureaucratic Mumbo-Jumbo Land, things happen on FMCSA’s timetable, not yours. If you cannot navigate your way out of Bureaucratic Mumbo-Jumbo Land, they take away your right to operate.
My DVD training package is designed to get you past the New Entrant audit. It teachs you what safety rules you must comply with. It’s $275 plus shipping and handling. Also, with the purchase price, you can call me on the phone with questions. Buy it, watch it, learn it…….. you’ll have no problems. I am also available to help you out of Bureaucratic Mumbo-Jumbo Land, if you are unfortunate enough to end up there.
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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
Learn more about Arnold Safety compliance consulting services at ArnoldSafety.Com.
More Road Rage
Here is a followup article, relating to my recent post about the January road rage killing in Chicago.
The article discusses road rage, particularly as a relates to trucks. This all stems from a road rage incident in January, where two drivers pulled off the highway, fought, with one killing the other with a knife. A good way to avoid road rage? Turn off the CB.
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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
Learn more about Arnold Safety compliance consulting services at ArnoldSafety.Com.
