Fiery Truck Crash in Dallas

0408_lewcrash3 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

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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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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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.

Pennsylvania Farmers Facing Tougher DOT Rules

farm truck There is a growing brou-ha-ha here is Pennsylvania regarding the farmers, and the Federal Motor Carrier Safety Regulations. The Federal DOT issues their truck safety regulations, found in 49 CFR 300 – 399. They apply to vehicles and drivers operating in interstate commerce, which are basically movements across state lines.

If a vehicle or driver stays wholly within one state, Pennsylvania in this instance, then they are subject to the state of Pennsylvania’s truck safety regulations. Each state has slightly different regulations. Some states adopt the Federal regulations exactly. Others have minor differences. Still others have more significant differences. This is why my DVD training package focuses on the Federal rules only. As I point out on the DVD, I don’t know what all 50 state regulations are. However, states are not supposed to have more stringent requirements than the Federal requirements, although they can be more lenient.

The Federal DOT monitors these state variances, and if they find they vary too much from their regulations they will punish the states, by withholding highway funding dollars. Nearly all the states, who have spent themselves into the poorhouse, quickly abandon any states-rights principles when Federal money is at stake. This is the same way the Federal government forced all the States to adopt the 0.08 blood alcohol level for drunk driving.

Apparently, the issue in Pennsylvania presently is the State of Pennsylvania has broadly exempted farmers from large segments of the Federal safety regulations. The Feds have found fault with this, and are threatening Pennsylvania with removal of highway funding. Pennsylvania is deciding whether or not to apply the safety regulations to vehicles and drivers operating on the road at 17,001 lbs. gross vehicle weight rating or more.

Farmers are screaming bloody murder. The State of Pennsylvania is trying to cut a deal with the Federal DOT to make everyone happy. A decision is supposed to be made in the next month. I guess I find it somewhat humorous. For one thing, the DOT regulations apply at 10,001 lbs. in interstate commerce, instead of the more lenient 17,001 lbs. in Pennsylvania, so right there, it could be worse. Also, other industries do not get nearly as many special breaks as farmers. I have no doubt there all sorts of special goodies, breaks and exemptions in the rules, depending on where you are, but I think the farmers get the most.

I think the farmers are somewhat right. If all they are doing is crossing the road to get to the other part of their property with equipment, it’s overkill to make them subject to all the rules. However, if they’re taking their 80,000 truck 15 miles down the road to the processing plant, then they should be subject to the rules, just like the construction dump truck, or landscaper truck, or carnival ride truck.

Actually, if I were made King, I would make all the rules apply at 26,001 lbs. (the CDL standard), and not below. Last I checked, there is no imminent danger of me being made King………

DOT Bans Texting While Driving

Well, I had written a vast, long post about the texting ban, which can be found here. Then I went to a bad minor league hockey game, thought about it, and decided to edit my post.

It’s clear you can’t text on a cellphone in a truck. What is less clear is whether or not you can text on a Qualcomm device. The Federal Register and the new interpretation are written with weasel words, so it’s nearly impossible to tell what they mean. I would wager it will be nearly impossible to get them to put in writing that you are allowed to text on Qualcomm devices, but they probably won’t specifically say you can’t do it, either.

So, that’s all I have to say about that. The American Trucking Association seems to think you can still legally type on a Qualcomm unit while driving, so that’s fine with me. Now I have to get back to watching the State of the Union address to see how much more money Obama wants from me.

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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.

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