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FMCSA considers letting truckers decide when they’re tired

Health, Legal, My Job, My Life November 21, 2017/by Lisa Ciarrone

tired truckers

The U.S. Dept. of Transportation announced a “Flexible Sleeper Berth Pilot Program”. This allows truckers to split their off-duty sleeper berth time as they choose.

According to the The Federal Motor Carrier Safety Administration (FMCSA) notice, 240 participating drivers will be “allowed to use any combination of split sleeper periods, totaling 10 hours.” This replaces the 10-hour block or 8/2 split under current Hours of Service regulations.  Using this control group, the agency will gather information from ELDs, monitoring systems like video recorders, and roadside inspections, as well as other tests designed to test the wakefulness of the truck driver, such as wrist actigraphy (a method of monitoring rest/activity cycles) and psychomotor vigilance tests (measures how fast a person reacts to a visual stimulus like a blinking light).

Drivers record subjective sleepiness ratings in their sleep logs.

Then, the agency uses the information to determine if the change is safe to roll out on a larger scale. In addition, the FMCSA opened the proposal for public comments and many drivers chimed in with support.

“Been a driver for over 40 years now. Up until the latest changes, I used those kinds of splits for sleep and or a nap to miss rush hour traffic,” trucker Mark D said of the study. “This is definitely a step in the right direction. Currently the HOS rules penalize a driver for taking a break during the day. The ability to split the sleeper berth advocates for the driver to break when he/she needs the rest. This avoids the penalty of losing work time.” truck driver Michael Gehl commented.”

 

https://www.drivemyway.com/wp-content/uploads/2017/11/hos-1.jpg 480 800 Lisa Ciarrone https://drivemyway.com/wp-content/uploads/2019/03/Untitled-1-3.png Lisa Ciarrone2017-11-21 00:00:002020-01-12 22:23:00FMCSA considers letting truckers decide when they’re tired

Survey shows trucking carriers slow to deploy ELDs

Legal, My Job, Operations November 1, 2017/by Akshat Gupta
landlinemag.com

Image from landlinemag.com

The TU-Automotive’s Connected Fleets USA conference in Atlanta featured speakers exploring brave new transportation landscapes, including the one that mandates electronic logging devices.  Clem Driscoll, a telematics analyst and founder of C.J. Driscoll and Associates, was among the speakers. He presented findings of his company’s survey, revealing that, despite the impending deadline for switching over to ELDs, many carriers have still been monitoring drivers via paper logs.

Driscoll said the study surveyed 529 U.S. fleet operators. With the mandate for electronic logging devices coming up Dec. 18, 60 percent had not yet deployed ELDs; 33 percent were using AOBRDs and 6 percent were using a combination of e-logs and paper. Driscoll emphasized that the information was gathered in the second quarter and would likely be fluid.

One question for the fleet operator included if they deploy the electronic devices. In addition, it asked for third quarter, fourth quarter or not at all? A third said they planned to either switch to ELDs in the fourth quarter or wait as long as possible.

His company’s research also indicated that large companies preferred to equip their fleets with the same make of the device.

Driscoll said most of the large fleets generally opposed “bringing your own device” or letting drivers using their own devices for a couple of reasons.  “The majority we interviewed favor a company wide solution that would be installed in the vehicle,” said Driscoll, “They wanted consistency with the drivers, who move from one truck to another.”

In addition, he said the fines were a factor in favoring the same ELD configuration.  “They know they receive a fine if not in compliance. These companies, particularly the large fleets, really don’t want to depend on the drivers bringing their own phone. What if something happened to the phone or it was lost?”

Driscoll said a separate survey done in the second quarter asked questions of owner-operators. Of those surveyed, none had deployed ELDs yet.

Driscoll unveiled the highlights of his firm’s study, the 2017-2018 Survey of Fleet Operator Interest in MRM Systems and Services during TU-Automotive’s Connected Fleet event in Atlanta. According to Driscoll, this multi-client study sponsored by 19 companies is believed to be the largest study conducted to date on the U.S. commercial telematics market.

In a phone interview, he told Land Line he did not expect a delay of the mandate and predicted a heavy last-minute demand for the devices.

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https://www.drivemyway.com/wp-content/uploads/2017/10/171002_DriscollStudy-2.jpg 510 800 Akshat Gupta https://drivemyway.com/wp-content/uploads/2019/03/Untitled-1-3.png Akshat Gupta2017-11-01 00:00:002020-01-12 21:47:36Survey shows trucking carriers slow to deploy ELDs

With Republican Congress, Trucking Lobbyists Target Driver Time and Pay

My Job, Operations January 25, 2017/by Jamey Wozniak

Trucking Lobbyists

Citing major settlements in recent years, trucking lobbyists say they plan to capitalize on new Republican control in Congress to pass an amendment that would prevent enforcement of state laws dictating truck drivers’ time and pay and shield carriers from such court orders. So writes CCJ magazine in an informative article on the issue and how it could impact those with CDL driver jobs.

Major proponents of the Denham Amendment include the American Trucking Associations and the Western States Trucking Association.

Both stated legislation to assert federal authority over break and pay laws for truckers serves as a top-level agenda item in the coming years.

“This serves as our No. 1 priority,” says Western States’ head of government affairs Joe Rajkovacz. “Prohibiting states from involving themselves in the compensation methods in which drivers are paid. Once litigation of one of the cases succeeds, the ‘me-too’ lawsuits focus on much smaller motor carriers downstream. It becomes legal blackmail against a small business: ‘Pay us or get sued and taken into court.’”

Opponents of the provision argue that the Denham Amendment wipes out efforts to reform driver pay.

Donna Smith, co-producer of the online radio show and website Truth About Trucking, says the driver pay/break provision would slam the door on hopes for driver pay reform. State-level action on the issue of driver pay and breaks, even with creating an often-deemed “patchwork” of varying regulations, is better than no action at all.

“If there’s going to be any law for driver wages, ideally it would be at a national level,” she said. “I think it would be more confusing to have state-by-state laws. But, before you look down that road, you put to rest the Denham language. It puts to rest any of the recent efforts that the truck driving community puts forth to increase their wages.”

How do you feel about this issue? Let us know by joining our online community here.

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https://www.drivemyway.com/wp-content/uploads/2017/01/trucker_1484765352-1.jpg 960 1280 Jamey Wozniak https://drivemyway.com/wp-content/uploads/2019/03/Untitled-1-3.png Jamey Wozniak2017-01-25 00:00:002019-06-19 21:20:15With Republican Congress, Trucking Lobbyists Target Driver Time and Pay

Hope Rivenburg Lost Her Husband But Found a Calling in Safe Truck Parking

Legal November 30, 2016/by bgeraci
Jason and Hope at their wedding

Jason and Hope at their wedding

Not a day passes that Hope Rivenburg doesn’t think of Jason.

She sees him in her two young sons and daughter, hears him in their laughter.

Sometimes a certain scent lingers, sparking the memory of him.

It’s been nearly eight years since truck driver Jason Rivenburg was shot to death in his truck at an abandoned gas station in South Carolina.

He’d heard the place was safe. It wasn’t.

That misinformation cost him his life, but it birthed a movement for safe truck parking that resulted in Jason’s Law, legislation that gave rise to the National Coalition on Truck Parking and guaranteed safe parking spaces for truck drivers nationwide.

To date, three new truck stops have been built from the law and a couple other truck stops have been expanded, Hope says. It’s been a slow process.

“Ultimately, I want the parking in place now,” Hope says. “I also know that unfortunately, it takes time.”

Usually it takes 10 years for a bill to pass the U.S. House of Representatives. Jason’s Law passed in a mere three years, in 2012.

Hope as a safe truck parking advocate

Hope as a safe truck parking advocate

During those three years, the Rivenburg family started a petition, called truck stops and lobbied for support any way they could.

“So many people think their voice doesn’t count or they can’t change things, and it’s not true,” Hope says. “I had no political connections, nothing. So if my family can do it, anything is possible.”

With an immense shortage of truck parking spaces, the law is definitely needed.

“Drivers park on the side of the road or in unsafe areas. Law enforcement is having them move,” Hope says. “Drivers park in store parking lots, they have to move. It’s a never-ending cycle.”

jason-tractor-winterOn the night of his death, Jason was 12 miles from making his delivery at a distribution center. But most distribution centers don’t allow drivers to stop there early. As a result, Jason had to resort to parking for the night.

“If Jason could have parked at the distribution center, I believe he would be here today,” Hope says. “I think shippers and receivers should get involved with this issue because it’s their freight that’s being moved.”

Lasting Impact

In the years since Jason’s death, life for the Rivenburgs has gone on. It’s been a rough road. “While you learn to function more on a day-to-day basis, the impact of it never fades,” Hope says. “You never think when your husband goes off to work that it’ll be the last time you see him. But that’s what happened.”

At the time of Jason’s death, the couple had a 2-year-old son and Hope was about to give birth to twins.

Jason with his oldest son

Jason with his oldest son

Today, her oldest is 9 years old. The twins, now age 7, never got to meet their dad.

“They want to know why there are photos of their brother with daddy but not of them with daddy,” Hope says. “All I can tell them is it wasn’t daddy’s choice.”

In Jason’s absence, Hope’s mom has helped raise the kids—enforcing the rules, attending parent-teacher conferences, helping in any way she can. All three children are in school now. A year-and-a-half ago, Hope started working at the post office near their home in upstate New York. She’s lived in the same town forever, but she’s starting to see the neighborhood in a new light.

Through it all, Hope keeps Jason’s memory alive.

The family hosts gatherings on Father’s Day. On Jason’s birthday, they bring balloons to his grave.

Jason

Jason’s grave on his 40th birthday

“Our kids need to know how special their father was,” Hope says. “I try to cover all the bases for them. They just want to know ‘why.’”

More needs to be done to implement safe truck parking nationwide. Hope Rivenburg urges truck drivers and others to write to their state Department of Transportation. Ask your DOT officials if they are addressing truck parking in their annual freight management plan and encourage them to do so.

For more news and insights about safety on the road join our community and become part of the conversation.

All photos courtesy of Hope Rivenburg

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https://www.drivemyway.com/wp-content/uploads/2016/11/Jasonbirthday.jpg 486 387 bgeraci https://drivemyway.com/wp-content/uploads/2019/03/Untitled-1-3.png bgeraci2016-11-30 00:00:002019-06-19 21:19:11Hope Rivenburg Lost Her Husband But Found a Calling in Safe Truck Parking

FMCSA to Create Central Database of Drug Testing Results

Legal, My Job September 19, 2016/by Jamey Wozniak

drug testing

By the end of September, the FMCSA publishes a final rule to establish a central database featuring drug testing results from company drivers and owner-operators, writes LiveTrucking.com.

The database is called The Commercial Driver’s License Drug and Alcohol Clearinghouse, and it will keep record of CDL permit holders who have either failed or refused a drug test. Live Trucking explained how the rule will work:

The rule mandates that carriers and owner-operators must submit positive drug tests or test refusals to the FMCSA regularly.

Drivers must give written consent to be added to the database before submitting a drug test.

Blivetrucking.comut, a refusal to do so could result in losing driving privileges.

If a drug test is positive, drivers must complete a “return-to-duty” process, which includes evaluation and monitoring by a substance abuse specialist. After completing this, the positive drug test will remain in the database for three to five years. However, if a driver fails to complete the process, a failed drug test will remain in the database forever.

That’s right, forever.

On the bright side, truck drivers can appeal a positive drug test if a possible error exists. Then, the FMCSA reviews that decision within 60 days, Live Trucking writes.

Trucking companies must annually search the database. They check for driver traffic tickets or citations related to driving under the influence.

According to the FMCSA, the regulation costs the industry $186 million annually

But, it also results in $187 million of benefits. Trucking companies spend $28 million annually for the annual mandate. In addition, they spend another $10 million in pre-employment screenings. An estimated $101 million allocates to drivers, required to undergo the return-to-duty process.

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https://www.drivemyway.com/wp-content/uploads/2016/09/12721584_10210128286865796_213292300_n.png-758x392.jpg 392 758 Jamey Wozniak https://drivemyway.com/wp-content/uploads/2019/03/Untitled-1-3.png Jamey Wozniak2016-09-19 00:00:002019-06-19 21:17:40FMCSA to Create Central Database of Drug Testing Results

Proposed federal rule to govern truck speeds to be published soon

Legal, My Job September 1, 2016/by Kerry Marinchick

truck speeds

A proposed federal rule to require the use of speed limiters on heavy-duty trucks has “cleared its final hurdle in the regulatory process” and will likely be published in the coming weeks according to Overdrive magazine. The White House’s Office of Management and Budget stamped its approval on the rule Aug. 12, according to the White House’s online rulemaking portal.

Overdrive wrote about the speed limiter rule and what it will mean for some people with CDL trucking jobs.

The speed limiter rulemaking initiated in March 2014.

It followed a petition by the American Trucking Associations and Roadsafe America. It asked the DOT to implement a 65 mph speed limit on trucks, weighing more than 26,000 lbs.

Little has been made public about the rule’s contents, however, such as what the regulated speed limit would be, when the rule would take effect and which trucks would be required to comply with the mandate.

Those details, Overdrive says, publish when the rule proposal releases in the Federal Register.

There likely will be a 60- or 90-day comment period, too, Overdrive writes. During which, FMCSA seeks comments from stakeholders and the public about the rule and its requirements.

Then, FMCSA uses the comments to craft a final version of the speed limiter rule. In addition, they then go back through the regulatory process before finalizations. That process generally takes several years. The rule likely offers a compliance window, likely a year or longer, before fully in effect.

Image from Overdrive magazine.

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https://www.drivemyway.com/wp-content/uploads/2016/08/2015-11-03-16.47.54.jpg 2848 4288 Kerry Marinchick https://drivemyway.com/wp-content/uploads/2019/03/Untitled-1-3.png Kerry Marinchick2016-09-01 00:00:002019-06-19 21:17:00Proposed federal rule to govern truck speeds to be published soon

Missouri’s Governor Vetoes Platoon Program. Here’s Why.

Legal July 26, 2016/by Jamey Wozniak

truckinginfo.comJeremiah W. Nixon, Missouri Governor vetoes platoon program for testing automated long-haul trucks using platooning technology.

In a recent story about the governor’s veto, Heavy Duty Trucking magazine elaborated on the reasons behind it.

In a letter explaining his veto, Gov. Nixon said that establishing a pilot program for testing platooning vehicles on Missouri highways could put the public at risk. He specifically referenced an accident involving a self-driving Tesla car that led to the death of an Ohio man as an example of the danger automated driving technology could pose.

“Automated driving technology advanced significantly within the last several years. However, the long-term safety and reliability of this technology remains unproven,” Nixon stated. “That fact was tragically highlighted with the recent fatality involving a self-driving passenger vehicle.”

According to Heavy Duty Trucking, in the May 7 Tesla incident driver Joshua Brown died while using the Autopilot feature of his Tesla Model S.

A white tractor-trailer made a left turn in front of the Tesla at an intersection, but the autopilot failed to “see” the vehicle and did not brake. The Autopilot’s cameras were unable to recognize the white trailer against a brightly lit sky.

However, Governor Nixon felt platooning posed an even greater risk to the public. It requires multiple large trucks to travel in tandem with little separation and synchronized braking and acceleration.

“The risks associated with automated vehicles are even greater considering the size of long-haul trucks and the catastrophic damage that could occur if the technology failed,” he stated. “Using Missouri highways as a testing ground for long-haul trucks to deploy this unproven technology is simply a risk not worth taking at this time.”

Read the full Heavy Duty Trucking story here.

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https://www.drivemyway.com/wp-content/uploads/2016/07/S-Fuelfuture-1-1.jpg 108 144 Jamey Wozniak https://drivemyway.com/wp-content/uploads/2019/03/Untitled-1-3.png Jamey Wozniak2016-07-26 00:00:002019-06-19 21:16:33Missouri's Governor Vetoes Platoon Program. Here's Why.

Will This Bill Hurt the Trucking Industry?

Legal October 8, 2015/by Jamey Wozniak

A Congressional move to allow 91,000-pound trucks on U.S. highways wouldn’t necessarily be a boon for the trucking industry.

trucking industry

In fact, according to one national association, it would do more to hurt the trucking industry’s productivity than help it. Writing to Rep. Reid Ribble regarding his recently proposed legislation to give states the option to allow heavier trucks within their borders, the Truckload Carriers Association recently expressed its disapproval of the proposed legislation.

 

The SAFE Trucking Act, as Ribble named his bill, would carry with it expensive trailer retrofitting costs, more expensive tractors and trailers, lower fuel economy and higher maintenance spending, the letter states. “While this provision attempts to improve trucking productivity on our highways, it clearly would only benefit a minority of the industry,” TCA writes in its letter, which is signed by the Chairman Keith Tuttle and policy committee chair Jim Towery.

The Truckload Carriers Association indicated that equipment upgrades could cost up to $25,000 per tractor-trailer, cited CCJ in its news article.

Such a cost would “yield little to no return” for a large majority of U.S. carriers. Carriers likely wouldn’t see rate increases with 91,000-pound loads, TCA says in its letter, but all carriers would face “market pressure” to equip their entire fleets with the necessary upgrades to haul heavier loads.

At least one trucking industry executive–Werner COO Derek Leathers–echoed TCA’s concerns earlier this month.

Image from ccjdigital.com; featured image from pixabay.com/skeeze

 

 

https://www.drivemyway.com/wp-content/uploads/2015/10/Congress_1444064786.jpg 1023 1280 Jamey Wozniak https://drivemyway.com/wp-content/uploads/2019/03/Untitled-1-3.png Jamey Wozniak2015-10-08 00:00:002019-06-19 21:12:56Will This Bill Hurt the Trucking Industry?

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