Safety Group wants Hours of Service Reduced

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Daily driving time under a new Hours of Service rule should be reduced by 27 percent, a document filed by a group of safety advocates reveals.
 

The document, filed by Henry Jasny on behalf of the Truck Safety Coalition, Public Citizen and Advocates for Highway and Auto Safety, was posted last week on the www.regulations.gov and is one of over 300 documents related to the new rule.

Under the heading Daily Shift Drive Time Maximum, the document reads: “[There should be] No more than eight consecutive hours of driving per shift, based on extensive research findings that show dramatic increase in relative risk of crashes after eight consecutive hours of driving.” 

The document lists basic safety parameters for a new rule:

• 24 hour-circadian schedule

• Lower daily driving and work time limits

• Lower weekly driving and work time maximums

• Increased daily off-duty time, including in sleeper berths

• Increased end-of-week rest time

• Recognition of safety hazards of night-time driving, and

• Universal electronic on-board recorder (EOBR) equipment. 

 

The coalition said it wants to see a maximum of 40 driving hours in a seven-day period and a maximum of 60 hours of work time in a seven-day period.

FMCSA Defends the new Safety Act

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The trucking industry’s top regulator says her agency is moving forward as planned with a long-awaited safety program, even as lawmakers and trucking representatives suggested the agency should focus more on getting the program right than on rolling it out on time.

Noting that a field test in nine states wraps up this month, Federal Motor Carrier Safety Administrator Anne Ferro on Tuesday told a House panel that preliminary findings show a 35 percent increase in investigations under Comprehensive Safety Analysis 2010, meaning more carriers are being reached, and with greater efficiency.
 Comprehensive Safety Analysis 2010, CSA 2010, is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce commercial motor vehicle (CMV)-related crashes, injuries and fatalities. It introduces a new enforcement and compliance model that allows FMCSA and its State partners to contact a larger number of carriers earlier in order to address safety problems before crashes occur. When the program is fully rolled out by the end of 2010, FMCSA will have a new nationwide system for making the roads safer for motor carriers and the public alike
The roll-out for CSA 2010 officially began in April with the carrier data preview, Ferro explained. As previously announced, the actual safety measurement system — in which carriers will be compared to industry peers —will be previewed in late August, followed by full public availability at the end of the year. Remaining components — warning letters, the intervention process and the new fitness determination rule — will continue to the end of fiscal year 2011, she added.


Source

Atlanta Truck Accident: I75 -Two wrecks, Five vehicles, Three injured on I-75N

Five cars, a tractor-trailer and a box truck were involved in the separate incidents that happened just after 1 p.m., Marietta Police spokeswoman Jennifer Murphy said.

As of 2 p.m., Murphy said the center lane was open and wreckers were on the scene.

It was unclear whether one wreck triggered the other, Murphy said.

Traffic was delayed as far south as Delk Road, according to the Georgia Department of Transportation.

Georgia Fatigued Trucking: Police say Trucker was Tired, Watching Porn When Crash Happened

Image by Chris Devers via Flickr

It can't get much worse in terms of distractions than this story:

The operator of a tractor-trailer had been on the road too long and was watching a pornographic movie on a laptop at the time he smashed into a disabled car on the Thruway last month, killing the driver, State Police said today.

Thomas M. Wallace, 45, of Brook Park, Ohio, was charged Tuesday with second-degree manslaughter following a lengthy probe into the Dec. 12 crash in Pembroke that killed Julie I. Stratton, 33, a Snyder mother of two young boys.

Read the rest here.

Trucking News: VA wants to up speed limit to 70

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A Va Senate committee approved a bill to raise the speed limit to 70 mph on some highways Thursday, and rejected a proposal to keep the limit at 65 mph for tractor-trailer rigs.

Sen. Steve Newman, R-Lynchburg, sponsored the bill (SB537) to set the 70 mph limit for all vehicles on roads where engineers deemed it safe. Gov. Bob McDonnell promised during his campaign to raise speed limits to 70 mph.

But at the trucking industry’s request, Newman said, he offered to amend his measure and keep trucks at the current 65 mph. Many trucks now are equipped with governors that limit their speeds to 65, Newman said industry representatives told him.

The proposed amendment got zero support from Senate Transportation Committee members, including Newman himself.

Here is the link.

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In its second listening session on US hours-of-service, the Federal Motor Carrier Safety Adminstration (FMCSA) heard from a strong contingent of US truckers and carriers who claim the current rules are working, but would benefit from added flexibility.


Among the presenters was America’s Road Team Captain Ralph Garcia, a professional driver with more than 2.5 million accident-free miles. He said he’s in favor of keeping the current rules, but would like to see the FMCSA change the sleeper berth provision.

Source here.

http://www.trucknews.com/issues/ISArticle.asp?aid=1000355438

Georgia: Large Truck and Bus Crash Facts

The complete Large Truck and Bus Crash Facts annual reports contain vehicle miles traveled (VMT) and vehicle registration data that are made available only in the late autumn or early winter.

For the 2008 report, the Federal Motor Carrier Safety Administration FMCSA) is publishing this online Early Release of the annual report, based solely on crash data from the National Highway Traffic Safety Administration and FMCSA. These data are enough to complete most of the tables in the published annual report; however, any tables that depend on VMT and vehicle registration data for the calculation of crash rates will be missing 2008 data for some of the rows and columns. In these early release tables, missing data are indicated by dashes.

Find it here.

Georgia Trucking Lawyer: Trucking Regulations Impacted in 18 Wheeler Wrecks

In many of the cases we have investigated, one of more of several federal regulations come into play when determining if a truck driver failed to abide by the rule of the road.

The information below summarized the provisions that are more common in truck accident litigation.

49 C.F.R. § 382 - Controlled Substances and Alcohol Use and Testing

The purpose of this section is to establish programs within trucking companies designed to prevent accidents and injuries resulting from impairment because of the use of alcohol or drugs by commercial vehicle drivers. This provision applies to all drivers of commercial vehicles in the US and their employers, with some limited exceptions. Drivers who are required to have a commercial drivers license (CDL) under Section 383 must be tested if they drive a vehicle that weighs more than 26,000 pounds, has a gross vehicle range of over 26,000 pounds, is designed to carry 16 or more passengers (including the driver) or is used to carry hazardous materials.
49 C.F.R. § 383 - Commercial Driver's License Standards; Requirements and Penalties

By requiring drivers of certain vehicles to obtain a commercial drivers license (CDL), this provision aims to reduce or prevent truck accidents. With a few exceptions, drivers must have a CDL if they drive a vehicle of more than 26,000 pounds, transport themselves and 15 or more passengers or carry hazardous materials. Drivers must be knowledgeable about the various procedures that ensure safe operation of vehicles and be told about the negative effects of driving while fatigued, poor vision, alcohol or drug use and improper use of the truck's lights, horns, mirrors and other emergency equipment.
49 C.F.R. § 391 - Qualification of Drivers

If a driver operates a tractor trailer or other commercial vehicle that weighs over 10,000 pounds, carries 16 or more passengers or transports hazardous materials, he or she must comply with certain regulations. Truck drivers must be at least 21 years old, speak English, be physically able to safely operate a truck, have a valid CDL and must not have been disqualified for driving while under the influence of alcohol or drugs, committing a felony, leaving the scene of an accident, refusing to take an alcohol test or any other reason.
49 C.F.R. § 392 - Driving of Commercial Motor Vehicles

A truck driver, the trucking company and all other people responsible for the management, maintenance, operation or driving of any commercial motor vehicles or the hiring, supervision, training or dispatching of drivers must comply with federal regulations in order to operate a tractor trailer, tanker, straight truck or other commercial vehicle in interstate travel. Drivers must not drive while sick or tired and may not use illegal drugs. Drivers must obey traffic laws, load cargo safely, perform periodic inspections and drive cautiously in hazardous conditions. Drivers must be able to stop the vehicle before reaching railroad tracks, must stop when carrying hazardous materials or a trailer and must not shift while crossing railroad tracks.

49 C.F.R. § 393 - Parts and Accessories Necessary for Safe Operation

The purpose of this section is to make sure that no employee or employer of a commercial motor vehicle company drives a truck or allows one to be driven unless the truck complies with the requirements in this section. There are specific regulations dealing with lighting devices and reflectors, brakes, brake performance, tires, emergency equipment, protection against shifting or falling cargo, securement systems blocking and bracing, front-end structure, frames, doors, hood, seats, bumpers, wheels and steering wheel systems.

49 C.F.R. § 395 - Hours of Service of Drivers

This section has a number of restrictions related to the hours that a driver is permitted to drive. A driver is not allowed to drive more than 10 hours following 8 straight hours off duty or for any period after having been on duty 15 hours following 8 consecutive hours off duty. A motor carrier cannot require a driver to drive for any period after having been on duty 60 hours in any 7 consecutive days. Further, a driver cannot drive if he has been on duty 70 hours in any period of 8 consecutive days if the motor carrier operates trucks every day of the week. There are also regulations regarding time spent driving in hazardous weather conditions.

From the time a driver begins to work until the driver is relieved of all responsibility for work is known as "on duty" time. On-duty time includes:

* Time spent at a loading or unloading facility, or on any property waiting to be dispatched
* Time involved during the inspection process
* Driving time
* All non-driving time spent in a commercial vehicle (except for time spent resting in the sleeper)
* Time spent repairing the vehicle or obtaining help to repair it
* Miscellaneous time, for example, for travel time for taking a drug or alcohol test
* Time performing any work in the employment of a common or private motor carrier
* Time spent performing any compensated work for a non-motor carrier business

49 C.F.R. § 396 - Inspection, Repair and Maintenance

This section applies to drivers of commercial vehicles that carry more than 15 people, weigh over 10,000 pounds or transport hazardous materials. It also applies to all motor carriers, officers, agents, representatives and employees directly concerned with the inspection and maintenance of those vehicles. The motor carrier is responsible for ensuring that all parts are in proper working condition and must maintain and keep repair and inspection records. A driver is not permitted to operate a vehicle that is likely to break down or cause an accident. Drivers must inspect their trucks at the start of each day and report any defects.
49 C.F.R. § 397 - Transportation of Hazardous Materials

These provisions apply to drivers of commercial motor vehicles that transport hazardous materials. They also apply to motor carriers who are involved with transporting hazardous materials and employees of these carriers who perform supervisory duties related to the transportation of hazardous materials. With certain exceptions, the driver of a commercial motor vehicle that is carrying explosives cannot leave the vehicle unattended. There are also restrictions about where a driver carrying explosive materials can park. Smoking is not allowed within 25 feet of a truck containing explosives or flammable materials.