Posts Tagged FMCSA
Truckers HOS Rule Should Provide Safety, but Also a Livable Wage
Posted by Allen Smith in Jobs and Careers, Politics, Safety, otr trucking, trucking, trucking life on February 4th, 2010
With the average number of miles driven per year by professional truck drivers, the dangers of living life on the road increases far beyond what the average motorist experiences. Averaging ten times more miles driven per year than the general motoring public, the professional trucker is by far, the safest driver on the road today. According to studies done by various unbiased groups, including the AAA, automobile drivers contribute more to fatal car-truck crashes than do the actions of truck drivers. Although every truck driving job requires the skill of a professional driver, there are those which come with a higher degree of danger.
Normally providing a higher pay rate, drivers involved within the petroleum carrier industry can often become like any other veteran driver with years of experience under their belts . . . relaxed, complacent . . . whatever you want to call it . . . this complacency can become a hidden danger for all truck drivers, especially those involved in the transportation of fuel and other hazardous material, and most often, with deadly results.
With all the stress placed on truck drivers, through over crowed highways, forced dispatch and an endless array of Federal Regulations, trucking companies and officials need to fully understand and realize the true importance of safety. Not just bureaucratic talk and pleasing self-interest groups, but understand that when additional pressures are placed on our men and women in trucking, additional consequences can occur, not only on our truckers, but the general public as well.
Professional drivers need the proper rest required by the human body and at the same time, they need to provide a living for themselves and their families. Veteran drivers have no problem running ten, eleven or even fourteen hours in a day . . . this is why they are professional drivers. As the FMCSA looks to further change the hours of service for truck drivers, they should maintain the 34 hour restart and provide more flexibility with the sleeper birth and the 14 hour provisions, as stated by the ATA. Furthermore, the American Trucking Association also states that rest periods should not be mandated, but the FMCSA should adopt an optional rest period that would not be counted toward the 14 hour rule.
If changing the hours of service rule for drivers, once again, the FMCSA could not take away from the current HOS rule, but add to it . . . those provisions that not only will provide additional safety factors towards drivers and the general public, but also maintain the ability for truckers to provide a living for themselves and their families. Professional truckers are up to the task in facing the lifestyle of a truck driver. They understand the importance of safety and are well prepared to abide by all regulations. The FMCSA should understand that there are ways to increase safety and still not interfere with a drivers’ means of support.
Accidents are largely caused by fatigued drivers who are not purposefully wanting to break any rules, but only working that much harder in the time allowed to bring in a decent pay check. Allow drivers to drive . . . provide for adequate resting periods, but do not take away what little they have in the current rules that keeps them rolling, but add additional safety measures that will increase their ability to earn a livable wage and still give them the rest they need to keep safety as a priority as well.
Life as a trucker has enough stress, worry and dangers involved, being constantly concerned with paying the bills and putting food on the table should not be one of them.
© 2010, AskTheTrucker. All rights reserved.
: allen smith, FMCSA, gas haulers, hours of service, Safety, truck drivers
Related posts
CSA2010 and DAC Report to Cause More Lost Jobs for American Truckers
Posted by Allen Smith in Politics, Safety, Talk Radio Show, dac report, otr trucking, trucking, trucking companies on January 18th, 2010
Thousands of truckers in the United States lost their jobs in 2009. With the economy not getting any better and nothing on the horizon to suggest that it will, are American truckers being set up for employment termination for 2010? Is the proposed program, CSA2010 and the truck driver’s DAC Report combining forces to weed out thousands of experienced, higher paid drivers to bring in new drivers at a much lower pay scale? Are we preparing for an influx of new foreign drivers into the United States market by opening the Mexican border which would allow the trucking companies to move our freight at a much lower pay rate for drivers? Is this an economic attack against American drivers? Many believe that it is. One trucking company has stated that FMCSA expects 175,000 driver jobs will be lost when CSA2010 is implemented.
Working very quietly in the background, it has been reported that several trucking companies are having safety meetings telling some drivers that the FMCSA is planning to do a three year background check on all truck drivers DAC Report, state and company records. Based on the information found, the driver will be given a point rating. Drivers found to have three or more violations of any kind will be given an unfair rating and the trucking company will be forced to terminate the driver from their employment. A point can be assessed against the driver in relation to the proposed BMI (body mass index) of the driver and the other related point scale within the new CSA2010 regulations. It is our understanding that this data collection against American truckers will be complete by July, 2010. Furthermore, the large majority of this data will be provided by DAC Services, the corrupt agency which allows false information to remain on drivers reports.
Several months ago I mentioned this scenario to Donna, but never publicly announced it. Now, I am hearing the same concerns from others within the industry: “Is DAC Services and CSA2010 working together to force experienced, hire paid drivers out . . . to bring in drivers that can be paid at a lower rate?”
Will the Government now hold drivers responsible for operating poorly maintained company equipment? Will drivers be assessed violation points if their body weight is more than what the Government says it should be? Is the FMCSA going to take the word of HireRight DAC Trucking Services?
Is this a Governmental attack against American truck drivers to make room for lower paid, foreign drivers?
What do you believe is going on with CSA2010 and the DAC services?
Be sure to tune in to Truth About Trucking “LIVE” talk radio, Thursday, January 21st, 2010 at 7 PM EST for our Trucking Topics Open Discussion.
With the near destruction of the U. S. manufacturing industry and auto dealers going out of business on a near daily basis, the trucking industry is one of the largest sector of industry on the planet. Is this a way to ensure its survival?
Would the U. S. Government really do such a thing, or is this another “conspiracy theory?”
Open lines on Blog Talk Radio’s premier trucking talk show . . . Post your comments here . . .
Read our updated post at: CSA2010 Severity and Point System Safety Rating for Truck Drivers
© 2010, AskTheTrucker. All rights reserved.
: blog talk radio, conspiracy, CSA 2010 dac report, csa2010, dac services, FMCSA, hireright dac trucking services
Related posts
CSA 2010 Good for Trucking Industry or Opportunity for Abuse?
Posted by Allen Smith in DOT, Politics, Safety, Truck Driving Jobs, otr trucking, trucking, trucking companies, trucking life on November 6th, 2009
The trucking industry will soon see a change in the FMCSA safety rating system, Safestat. The new program, CSA 2010 will soon be underway. I see what could be a good thing for the safety standards of the trucking industry, but at the same time . . . are there areas that, like most programs, could actually bring about more abuse towards drivers?
Since the 1980’s motor carriers have been evaluated by the FMCSA through a CR – Compliance Review. This review is lengthy, time consuming and involves heavy paperwork . . . but is the only way the FMCSA can assign ratings for safety. Because of the heavy workload involved with the CR, less than 2% of the trucking companies in the U. S. were inspected within a year. Furthermore, through the CR evaluation process, the safety rating given to the carrier does not expire until the carrier is again scheduled to be rated again . . . no matter how poorly the carrier is currently operating.
As of right now, under the Safestat safety rating system, trucking companies are checked within four areas:
- Driver
- Vehicle
- Safety Management
- Accident
The CSA 2010 system will increase to seven areas:
- Unsafe Driving
- Fatigued Driving
- Driver Fitness
- Controlled Substance and Alcohol
- Vehicle Maintenance
- Improper Loading/Cargo Securement
- Crash Indicator
Furthermore, two new safety measurement systems will come into play with the CSA 2010: one for carriers (CSMS) and one for drivers (DSMS). Never before were drivers directly measured for safety under the SafeStat system, but now they will be . . . and this is where I see the potential for problems.
There is a lot that I like about the new CSA 2010 system, mostly making drivers more responsible for their actions in relation to safety. However, I can see a few areas that could easily be turned around and used against drivers under no fault of their own:
- Fatigued Driving — Driving a CMV when fatigued. This is distinguished from incidents where unconsciousness or an inability to react is brought about by the use of alcohol, drugs, or other controlled substances. Data includes (1) hours-of-service violations discovered during an off-site investigation, on-site investigation, roadside inspection, or post-crash inspection, and (2) crash reports with driver fatigue as a contributing factor. (FMCSR Parts 392 and 395)
-
Problem: Drivers are often “pushed” by dispatch to deliver “HOT” load(s) – of course, they can refuse but will driver risk “punishment” by company such as drop in miles? Starved out? DAC Report?
-
Vehicle Maintenance — CMV failure due to improper or inadequate maintenance. Data includes (1) roadside violations for brakes, lights, and other mechanical defects, (2) crash reports citing a mechanical failure as a contributing factor, and (3) violations from an off-site investigation or an on-site investigation associated with pre-trip inspections, maintenance records, and repair records. (FMCSR Parts 393 and 396)
-
Problem: Driver held responsible when company has their own “maintenance” dept./ shop which signs off for repairs. Why should the driver receive points or fines where they have no control over a company who operates with poorly maintained equipment?
- Improper Loading/Cargo Securement — Shifting loads, spilled or dropped cargo, and unsafe handling of hazardous materials. Data includes (1) roadside inspection violations pertaining to load securement, cargo retention, and hazardous material handling, and (2) crash reports citing shifting loads, or spilled/dropped cargo as a cause or contributing factor. (FMCSR Parts 392, 393, 397 and HM Violations)
-
BIG Problem: Many trailers are loaded by shipper while driver is not allowed on dock or to supervise loading. Driver is required to remain in truck. Driver should not be held responsible for an unsecured load that he or she does not have the opportunity to inspect.
I feel the FMCSA has good intentions with the CSA 2010 system, but I can already see the potential of responsibilities easily being manipulated and placed unjustly, once again, on the professional driver.
READ POST CSA and DAC to Cause more Job Loss posted 1/18/10
© 2009 – 2010, AskTheTrucker. All rights reserved.
: CSA 2010, FMCSA, problem, problems, professional driver, Safestat, safety rating, trucking, trucking industry
Related posts
Anne Ferro Nominated by Barack Obama to Head the FMCSA
Posted by Allen Smith in DOT, Politics, Safety, trucking on June 6th, 2009
On Thursday June 4th, President Obama nominated Anne S Ferro to be the Administrator of the Federal Motor Carrier Safety Administration
( FMCSA)
FMCSA is the agency within the U.S. Department of Transportation which has the responsibility of overseeing and regulating the safety of commercial motor vehicles (trucks and buses) and the men and women who drive trucks and the motorists and their families who share the road with commercial vehicles. In essence, Ferro will be in charge of the agency whose primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses. She will have to be confirmed by the Senate before she can hold the nominated position.
Anne Ferro is presently the president of the Maryland Motor Truck Association and prior to that she served as Maryland Motor Vehicle (MMV) administrator.
When She was asked by a publication why she took the job of president and CEO of the MMTA she replied, “After spending so many years in government I wanted to learn about the private sector. And the other reason is — I love trucks,” she said.
As MMTA chief she said her priority was simple: “ … to advocate for the [trucking] industry,” adding that most people “have an opinion about [commercial] trucks — they don’t like them. We have to work to change that.”
As with all things in life, there are people who are for the nomination of Anne Ferro and those who are opposed. In general Trucking officials were supportive, safety advocacy groups were opposed.
Here are some of the statements from those who support the nomination of Anne S Ferro as Administrator of the FMCSA:
“Ms. Ferro’s extensive experience in promoting driver, vehicle and highway safety will serve the nation well. As administrator of the Maryland Motor Vehcile Administration she developed a reputation as a tough, but fair regulator,” said Bill Graves, president and CEO of the American Trucking Associations.
In addition to her intelligence, “her personal skills are absolutely outstanding,” said Joe Cowan, president of Cowan Systems, Maryland’s largest trucking company.
“Based on her background and her experience in a cross-section of positions that deal with commercial vehicles she should have a well-rounded [outlook] … and may very well be a good administrator,” said Todd Spencer, executive vice president of the Owner-Operator Independent Drivers Association.
Other advocates for the nomination are:
John Haulsladen, president of the Minnesota Trucking Association
Jim Runk, president and CEO of the Pennsylvania Motor Truck
Dale Bennett, executive vice president of the Virginia Trucking Association
Lane Kidd, president of the Arkansas Trucking Association
John Hill, Former Chief Administrator of FMCSA
Those opposed to the nomination include:
James P. Hoffa
General President
International Brotherhood of Teamsters
John Lannen
Executive Director
Truck Safety Coalition
Daphne Izer Jennifer Tierney
Founder Board Member and Director, North Carolina
Parents Against Tired Truckers (P.A.T.T.) Survivors Network
Citizens for Reliable and Safe Highways
(CRASH)
The Truck Safety Coalition is a partnership between The Citizens for Reliable and Safe Highways (CRASH) Foundation, and Parents Against Tired Truckers (P.A.T.T). The Truck Safety Coalition is dedicated to reducing the number of deaths and injuries caused by truck-related crashes, providing compassionate support to truck crash survivors and families of truck crash victims, and educating the public, policy-makers and media about truck safety issues.
Teamsters and The Truck Safety Coalition have written a Letter in Opposition to the Nomination of Ms. Anne Ferro to head FMCSA
The Teamsters union told President Barack Obama it opposes his nominee to be the top U.S. trucking regulator because of her support for a rule that allows truckers to drive for up to 11 consecutive hours. Anne Ferro is the wrong person to head the Federal Motor Carrier Safety Administration because of her “trucking-industry party line,”
The letter also stated that Ferro defends the current Hours of Service and therefore suggests a “stay-the course attitude.”
“We firmly believe that the individual appointed to this agency should not come from the very industry the agency is required to regulate, especially given the trucking industry’s positions on these health and safety issues,” the letter stated. “Ms. Ferro consistently supports the trucking industry party-line on motor carrier issues in opposition to positions taken by consumer, health and safety groups, truck crash victims and their families and the hard-working men and women who drive trucks. We cannot support a candidate who represents the Bush Administration ‘status quo’ rather than embracing your call for change.”
So there you have it, the pros and cons of the nomination of Anne S Ferro as the Administrator of the FMCSA . What do you think? We’d like to know your opinion.
© 2009, AskTheTrucker. All rights reserved.
: Anne Ferro, Federal Motor Carrier Safety Administration, FMCSA, Jim Hoffa, teamsters, Truck Safety Coalition, trucking, Us Department of Transportation
Related posts
Truckers United: A True Brotherhood
Posted by Allen Smith in DOT, Politics, trucking, trucking blogs, trucking life on April 1st, 2009
For those who have been following, you know that there has been a tremendous amount of discussion regarding the hours of service rules and the laws of the State of Virginia in regards to truck drivers and the lack of parking. There have been numerous posts on other blogs and many news stations have picked up on it, making the general public more aware of this dangerous situation.
To sum things up, the FMCSA has established the hours of service rules stating that drivers must take a 10 hour break after 11 hours of driving. Next, there is a shortage of parking which has existed for many years now, forcing truck drivers to stop and park at either unsafe or inconvenient locations, taking the law required 10 hour break. The state of Virginia has proposed to close even more parking areas, creating an even more dangerous situation for drivers who need to rest. To make matters worse, law enforcement within the state is ticketing drivers who stop to take their rest. They wake them up to tell them that they are not allowed to park in the areas they are resting in, thus forcing them to “move on”, driving illegally by breaking the required law for the 10 hour break. As you can see, either way they end up breaking the law. Without enough parking available, they are forced to park illegally or forced to drive illegally, without their much needed and federal law required rest.
Recently it has come to our attention that two brothers, JB and Frederick Schaffner ( SilverSurfer) are doing much to remedy this problem as well as many other trucking issues which exist within the trucking industry. Their goal is to create a true unity among truck drivers and be at the aid of drivers in need.
JB and Silver Surfer
Many of you have complaints and are angry and frustrated about these driving conditions and laws which you have been forced to adhere to. Mr Schaffner has written a guideline to go by when addressing the authorities for these matters. We think it should be read and action should be taken if this applies to you:
SIlverSurfer:
“It has been brought to my attention to provide some help with what needs to be addressed. Here are some talking points to aid in your communication…”
1. Ask for the lead person in the specific agency your contacting. Example: Secretary of Public Safety Administrator Ms. Hazelgrove. Always ask for the administrator, but expect to possibly get their assistant.
2. Be clear on why you’re calling. This is an issue of truckers being ticketed and forced to violate HOS regulations and drive tired by law enforcement. Impress upon the individual you’re speaking with the seriousness of this issue. That a situation is being created by Virginia’s law enforcement which could result in a tragic situation, and they are using a law which is incompatible with FMCSA regulations.
3. Point out the Federal Motor Carrier Safety Administration’s regulation being violated. It is Part 355, Compatibility of State laws and regulations effecting interstate motor carrier operations. The state is required to review and determine whether state laws are compatible with FMCSA regulations. And in this specific case…a “Waiver of Determination” [355.25(d)] must be on file to allow the enforcement of the laws being enforced.
4. Remain respectful and don’t become frustrated when ignorance is being relayed back to you in the conversation. Take whatever contact info offered and follow through with contacting the individual you are told to contact. When you do…let that individual know exactly who told you to call them.
5. This is the important part…repeat call 2 to 3 times a week. Do exactly the same thing with your communication. Make it known through this process we are not going away until they abide by the laws which are already in place, and being violated.
This is a battle we can win. The law is very clear regarding this issue…and it’s on our side.
STAND UP, SPEAK OUT OR ACCEPT WHAT COMES!!!
Safe Trails and God Bless,
-SilverSurfer-
This was taken from a recent post in a social media group we encourage all to join:
http://unitedcdl.ning.com/group/theamericandriver
“We are calling upon all truckers to take the few minutes each day and hound these state agencies regarding the time limit parking enforcement, which is in direct violation with FMCSA’s regulations.”
The FMCSA regulations being violated is Part 355
Governor’s Office
Tim Kaine
804-786-2211
VA DMV/Motor Carrier Services
MSCAP Administrator
804-367-0266
Secretary of Public Safety
Ms. Hazelgrove
804-786-5351
Secretary of Transportation
Ms. Evelyn Shelton or Ms. Melony Roberts
804-786-8032
Join us and speak out in the name of safety.
Safe Trails and God Bless,
-SilverSurfer-
SilverSurfer has also recently addressed the Secretary of Transportation within the state of Virginia proving this, by providing stated Federal Laws, that their actions toward truck drivers are illegal when based upon the Federal laws provided by the FMCSA. Included in part of the ending to his letter, he stated, “if only someone within the state of Virgina’s government would only stand up and do what’s right.”
These are the Federal Laws which he referred to when addressing the issue.
Requested Information: Federal Motor Carrier Safety Administration Regulations Part 395: Hours of service of drivers http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguidedetails.asp?rule_toc=764§ion_toc=764 This link is to a U.S. Department of Transportation news release. Please take note of paragraph 4 stating, "...new federal rule requires all truck drivers to spend at least 10 hours resting between shifts before being allowed back on the road." FMCSA 07-08 Tuesday, November 18, 2008 Contact: Kristin Schrader Tel.: (202) 366-9999 http://www.fmcsa.dot.gov/about/news/news-releases/2008/111808.htm This link is to the Federal Register / Vol. 73, No.224 / Wednesday, November 19, 2008 / Rules and Regulations (69567), in which the final rulemaking process was completed by the Federal Motor Carrier Safety Administration regarding new hours of service of drivers (part 395.) http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/E8-27437-HOS-Final-Rule-11-19-08.pdf Part 350: Commercial motor carrier safety assistance program 350.333 Guidelines for the State Law and Regulation Compatibility Review http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?chunkKey=09016334800242d9&keyword=355 Part 355: Compatibility of State Laws and regulations effecting interstate motor carrier operations 355.25 Adopting and enforcing compatible laws and regulations (a) General. No State shall have in effect or enforce any State law or regulation pertaining to commercial motor vehicle safety in interstate commerce which the Administrator finds to be incompatible with the provisions of the Federal Motor Carrier Safety Regulations. (b) New State Requirements. No State shall implement any changes to a law or regulation which makes that or any other law or regulation incompatible with a provision of the Federal Motor Carrier Safety Regulations. (c) Enforcement. To enforce compliance with this section, the Administrator will initiate a rulemaking procedure under part 389 of this subchapter to declare the incompatible state law or regulation pertaining to commercial motor vehicle safety unenforceable in interstate commerce. (d) Waiver of Determination. Any person (including any State) may petition for awaiver of a determination made under paragraph (c) of this section. Such petition will also be considered in a rulemaking proceeding under part 389. Waivers shall be granted only upon a satisfactory showing that continued enforcement of the incompatible State law or regulation is not contrary to the public interest and is consistent with the safe operation of commercial motor vehicles. http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?chunkkey=09016334800242e8 The bottom line: We must remain united and continue the true brotherhood of trucking. Together we can and will continue to "raise the standards of the trucking industry.
© 2009, AskTheTrucker. All rights reserved.
: FMCSA, Frederick Schaffner, SilverSurfer, THe American Driver, truck drivers, trucking, trucking industry, VDOT
Related posts
Truth About Trucking Blog Talk Radio Show Podcast
Subscribe to Podcast
AskTheTrucker
Recent Comments