How a Young Driver Harmed a FL family

Georgia Highway Patrol investigators said a family  -- returning to their cabin from a fireworks show on July 1 -- were waiting at an intersection of State Route 5215 in Blue Ridge, Ga., when a 16-year-old slammed his pickup truck into the rear of the family's van.




"We were about 10 minutes from the cabin. . . most of the kids were asleep. But when the accident happened, I blacked out, I don't remember what happened," said David Johnson, who was driving.


Shattered glass and crumpled metal from the van surrounded the family. Johnson -- dazed, confused and his head hurting from a concussion -- managed to find his cell phone to call for help.
"I was the least injured one of the family. Somehow I managed to call my stepfather. I don't even remember calling him," Johnson said.

More here:http://www.floridatoday.com/article/20110721/NEWS01/107210313/In-an-instant-holiday-turns-into-tragedy-Palm-Bay-family?odyssey=nav|head

Medical issue may have caused driver to crash truck into home

The people inside a home say received a rude awakening Wednesday night.

What they heard was a truck crashing into their house, shattering siding and drywall on the home.
The people who live in the home, Jarret Petrie and his girlfriend, said the driver got out of the truck, seemed out of sorts and told them he'd fallen asleep at the wheel. However, police say the driver may have had a medical issue, blacked out and missed a curve in the road -- going straight into Petrie's bedroom.

The vehicle the driver was in control of was a big, red Ford Ranger. Much of its hood was inside the wall and the large front tire was even knocked off. From inside the house, the damage is clear -- insulation was all over the place and furniture was smashed.
Petrie and his girlfriend were sitting on the couch inside when they heard an explosion.

"It pushed me and my girlfriend five feet forward in the room and felt like it was gonna come right through," he said. "I saw lights right behind me."

Source: http://milwaukie.katu.com/news/home-garden/medical-issue-may-have-caused-driver-crash-truck-milwaukie-home/441998

Oregon and Truck Laws now in Effect

Oregon has some notable new rules that truckers need to know. New laws cover indemnification clauses, idling, medical certification and driving through roundabouts.

One new law makes unenforceable any motor carrier contracts that provide for shippers to be indemnified for losses caused by their own negligence. The rule outlawing the provisions, which protect shippers or hold them harmless from anything that happens with a shipment, applies to contracts executed after May 27.

Oregon law defines affected contracts as any written agreement for the transportation of property for compensation or hire, entry on property to load, unload or transport property, or any service incidental to such activity, including the packing or storage of property.

Starting Jan. 1, 2012, another new law is intended to crack down on unnecessary idling of trucks. It sets a statewide standard for idling.

Commercial vehicles will be prohibited from idling for more than five minutes each hour on property open to the public. Violators would face $180 fines.

Source: http://www.landlinemag.com/todays_news/Daily/2011/Jul11/071811/071911-02.shtml

NY State Mandates Convex Mirrors on Trucks

A bill just signed required convex mirrors in NYC.

Demand for extra safety measures intensified after an accident on May 12 where a 4-year-old boy was killed in Brooklyn by a delivery truck. In New York City, 204 pedestrians were killed and another 4,698 injured by trucks between 1994 and 2003, according to the New York Daily News.

"Requiring trucks to be equipped with special convex mirrors is a necessary step that will hopefully reduce the number of injuries and deaths that have been the result of a drivers' inability to see pedestrians that pass in front of their vehicle," said Cuomo spokesman Josh Vlasto.

The Cuomo administration cites federal statistics that show 71% of pedestrians killed by large trucks were hit by the front of the vehicle.

The mirror bill, which has failed to move through the state legislature in previous years, is backed by New York Mayor Michael Bloomberg.

“It’s been long overdue,” he said. “It’s unfortunate that many children and seniors had met their fates at the hands of these trucks that didn't have the convex mirrors.”


Source: http://fleetowner.com/equipment/news/nyc-mirror-law-0719/

Deadly Bus Accident Latest In Series of Crashes Involving Discount Tour Bus Industry

Legislation Would Require New Tire Safety Tests, Passenger Seat Belts, Driver Training, and Strengthen Safety Standards for Bus Companies; Letter Grade System Would Warn Passengers About Dangerous Buses and Reward Companies That Put Passenger Safety First

Schumer: There Isn’t a Moment to Spare When Keeping Bus Passengers and Drivers Safe and Informed

In light of a fatal bus crash in the Southern Tier on Sunday, U.S. Senator Charles E. Schumer renewed his push for legislation to strengthen bus safety and driver training, while continuing his pursuit of a public bus-safety rating system for potential riders to reduce the number of low-fare bus crashes and related fatalities. The legislation that Schumer supports would require the Secretary of Transportation to devise new standards for tire tests, as well as passenger safety belts on all busses. Sunday’s bus crash occurred on Interstate 390 in Steuben County, killing two individuals and injuring 35 others. The Bedore Tours bus was headed from Washington D.C. to Niagara Falls, and preliminary reports indicate that a tire blew out on the bus, causing the driver to lose control. This crash is the latest in a series of crashes, and near crashes, that have occurred in the discount tour bus industry. In March 2011, a World Wide Tour bus traveling to New York crashed on Interstate 95 in the Bronx, and killed 15 people. Also in March 2011, a Super Luxury Tour headed from Chinatown to Pennsylvania crashed on the New Jersey Turnpike, killing two people, including the bus driver. 

“This news of yet another fatal bus crash in New York is a stark reminder that we need to improve bus safety as quickly as possible, and I am going to work as hard as I can to pass legislation that will do exactly that,” said Schumer. “We need to pass comprehensive safety legislation that includes tire safety standards to slow this growing epidemic of crashes. I will also continue my push for a letter grade safety rating system so passengers know the safety ratings of bus carriers before they buy tickets. I won’t rest until we get to the bottom of what happened in this crash, and put in place the necessary safeguards to make commercial buses as safe as they possibly can be.”

Schumer cites Sunday’s fatal crash as another in a long list of incidents that reinforce the need for legislation to strengthen bus safety and driver training. The tour bus, owned by Bedore Tours of North Tonawanda near Buffalo, was carrying a tour group from India to Niagara Falls. The cause of the accident is under investigation, but a preliminary report indicated a tire may have blown out on the bus, causing the driver to lose control. Schumer notes that the Motorcoach Enhanced Safety Act, which Schumer strongly supports, includes a section of regulations for improved occupant protection and motor coach crash avoidance pertaining to tire safety standards. Specifically, it states that, “The Secretary shall upgrade performance standards for tires used on motorcoaches, including an enhanced endurance test and a new high-speed performance test.” Schumer is pushing for this legislation to be passed as soon as possible, so that future accidents may be avoided. 

The Motorcoach Enhanced Safety Act, sponsored by Senators Sherrod Brown and Kay Bailey Hutchinson, would specifically require: (1) Improved commercial driver training, of which none is currently required by federal regulation. (2) Safety belts and stronger seating systems to ensure occupants stay in their seats in a crash. (3) Anti-ejection glazing windows to prevent passengers from being easily thrown outside the motorcoach. (4) Strong, crush-resistant roofs that can withstand rollovers.(5) Improved protection against fires by reducing flammability of the motorcoach interior, and better training for operators in the case of fire. (6) A National Commercial Motor Vehicle Medical Registry to ensure that only medically qualified examiners conduct physical examinations of drivers and a medical certificate process to ensure that all certificates are valid and no unqualified operator is allowed to drive. (7) Strengthened motorcoach vehicle safety inspections including roadside inspections, safety audits, and state and motor carrier programs for identifying vehicle defects. (8) Electronic On-Board Recorders (EOBRs) with real-time capabilities to track precise vehicle location that cannot be tampered with by the driver. 

A second piece of Schumer’s push to improve bus safety and reduce the number of low-fare bus crashes and related fatalities, is to develop a simplified safety rating system for discount tour bus companies. Despite the poor safety records of some bad actors in the discount tour bus industry, it is very difficult for passengers to get an accurate picture of safety records of these companies. Though the FMCSA currently has a ranking system on its website, the database is difficult to navigate and the rating system is not easy to understand. Schumer believes that passengers have a right to easily accessible information on the safety record of their motor coach carrier, including past incidents like that which occurred this past weekend. 

In June 2011, Schumer called on the USDOT and FMCSA to create a clear and simplified rating system for the discount tour bus industry that would prominently display a letter grade that is easy to understand at the point of purchase for tickets on these buses. Schumer said that by providing a clear rating, similar to the system used by New York City to rate the health standards of local restaurants, passengers would be better informed about the safety of the buses before they purchase tickets and would be able to make a more informed decision as to which carrier to use. The system would also reward companies with strong safety records and serve as an incentive for companies to improve their safety records. Schumer notes that in light of yet another fatal bus crash in New York, this grading system is crucial to passenger safety. 

Following a bus crash in March which killed 15 people, Schumer and Congresswoman Nydia Velázquez secured a commitment from the National Transportation Safety Board (NTSB) to launch a broad investigation into the entire safety regime that governs the low-cost tour bus industry. Schumer said that he will use the finding of this investigation to push for better oversight of the industry. 


In March 2011, a World Wide Tour bus traveling to New York crashed on Interstate 95 in the Bronx, and killed 15 people. Also in March, a Super Luxury Tour headed from Chinatown to Pennsylvania crashed on the New Jersey Turnpike, killing two people, including the bus driver. In August 2005, a low-fare tour bus traveling from Boston to New York burst into flames on a Connecticut highway, with passengers barely escaping; in September 2006, a low-fare tour bus heading to New York City crashed and three people were injured as it rolled off an exit ramp in Massachusetts; In May 2007, a similar tour bus company crashed on a trip from New York to Chicago, killing two people; and this past June a bus from Chinatown heading to Atlantic City crashed and the driver was ejected and then run over.

Schumer has a long record of fighting to improve safety of the discount tour bus industry. In April 2011, Schumer successfully pressured the NTSB to launch an industry-wide investigation into the safety regime of the tour bus industry. Schumer also urged the Department of Transportation to speed up their efforts to remove unsafe buses and unsafe drivers from the road, and crackdown on the tour bus industry by implementing tough safety standards.


Source:http://www.newschannel34.com/content/developingnews/story/Schumer-Bus-Crash-Highlights-Need-for-Passage-of/He9TyoJMd02QZU6kJ0szdg.cspx

Should there be E-Logbooks for Truckers?

Image via WikipediaFrom: http://www.24-7pressrelease.com/press-release/electronic-logbooks-for-truckers-are-good-but-mandate-brings-problems-179720.php

For years, truckers have tried to make light of their efforts to stay awake while hauling those heavy loads on such tight schedules.

Dave Dudley's 1963 hit, "Six Days On The Road," is one example. The song mentions truck drivers using amphetamines to stay awake ("I'm taking little white pills and my eyes are open wide") and falsifying load limits and log books ("I'm a little overweight and my log book's way behind").

Truck drivers are human and there's no need to demonize them. But ultimately, the fatigue drivers suffer can cause terrible truck accidents with serious and often deadly injuries.

Hours-of-Service Requirements

Because of the importance of keeping truckers well-rested and alert, U.S. law dictates certain "hours-of-service" requirements that prevent commercial truck drivers from being on the road after a certain number of hours. The laws also specify that the driver must have 10 hours of off-duty time before driving again.

Since the 1930s, truckers have been required to account for their time on the road in paper logbooks. In the 1990s, electronic logbooks were introduced, which carry numerous safety advantages.

A bill recently introduced in the Senate would require all truckers to convert to these paperless logs (known as EOBRs, or Electronic On-Board Recorders). This would seem to be a very good thing, at first glance. But the bill also includes dangerous language that could make the nation's highways much less safe.

How Truckers Use Logs

So how is it that electronic logs aid in safety, but the new bill requiring them raises serious safety concerns? To answer this, it's important to understand how logging currently works.

Truckers using paper logs record the time they spend on-duty, driving, sleeping, and off-duty in a logbook, and then send in copies of the log to their trucking company. The company uses the information to pay them based on miles traveled. Because drivers are paid by the mile, it's an open secret that drivers often "fudge" the numbers a little to reflect maximum distance traveled in the shortest time possible. This allows them to claim they had the full 10 hours of rest required by law, when in fact they may have been on duty much longer, and delayed by traffic, equipment problems, or bad weather.

In the late 1990s, one of America's largest trucking companies, Werner Enterprises, developed a paperless log system that works with GPS technology to precisely locate exactly where the truck is at all times. This ensured that all Werner drivers weren't falsifying their records, and allowed their dispatchers to better plan their driver's next assignments, based on their location and availability. Werner worked with the U.S. Department of Transportation (DOT) on the project and became the first company certified to move to a paperless log system.

Today many of the larger trucking companies use EOBR systems. Government research shows these paperless logs are much safer. Companies who have been found in violation of the hours-of-service rules ten percent of the time have a crash rate that is 40 percent higher than the general trucking population. Because of this, the DOT requires companies who have been found in violation more than 10 percent of the time to switch to electronic logs, which are much more difficult for the driver to falsify.

Mandating Electronic Records

Clearly, then, there are well-documented advantages to having only well-rested truckers get behind the wheel. In October, legislation was introduced in the Senate to require all motor carriers to install EOBRs. The bill, called the "Commercial Driver Compliance Improvement Act," would take effect in about three years.

The problem with the legislation, co-sponsored by Tennessee's Lamar Alexander, is that it specifically does not allow the log book information to be used by any party other than the trucking company. Today, when accidents happen on America's highways, the driver's logs are often critical windows into the driver's condition at the time of the accident. Often drivers at fault in a crash have been shown to have falsified their log books. The falsification often comes out after a thorough post-crash examination of their various gas and meal receipts, cell phone records, and other information.

Read more at the link above. t

Georgia 18 Wheeler Wrecks

Image via Wikipedia

A trucker going too fast for roadway conditions in bad weather has always been a serious cause of  wrecks. The question is how do you define “bad weather” and what is the standard for trucker drivers who drive in adverse weather?

 

There is a specific federal regulation – federal motor carrier safety regulation – that addresses this topic.  FMCSR §392.14 says: 

Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist.  If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be operated safely.  

This FMCSR sets a very high standard of care on professional drivers when operating in anything less than ideal conditions.  This high standard is appropriate because of the dangers posed by trucks in adverse weather conditions.   

The duty to know when it is safe or not is on the trucker, but consider the real world.  Truckers don’t get paid usually unless they are driving.  Some trucking companies put pressure on drivers to get the truck to its destination because the trucking company does not get paid until the freight is delivered.  So, I bet you can see the problem….

Another interesting source on the subject is the CDL manual.  This is the manual all drivers have to study to get their CDL license.  In the CDL Manual, it says:

Wet roads can double stopping distance.  You must drive slower to be able to stop in the same distance as on a dry road.  Reduce speed by abourt one-third (e.g., slow from 55 to 35 mph) on a wet road.  On packed snow, reduce by a half or more.  If the surface is icy, reduce speed to a crawl and stop as soon as you can safely do so. 

It is hard for trucker drivers or trucking safety directors to run from either the Federal Motor Carrier Safety regulations or the CDL Manual when it comes to bad weather. The starting point is always the FMCSA.