OOIDA files Lawsuit against FMCSA over Safety Record Database

The Owner-Operator Independent Drivers Association, OOIDA, filed a complaint with the U.S District Court for the District of Columbia against the Federal Motor Carrier Safety Administration, FMCSA with regard to its Pre-Employment Screening Program and the DataQ appeal process.

The suit alleges that FMCSA releases records of alleged safety violations to potential employers before drivers have had their day in court and that it refuses to drop references to such violations even after drivers have been exonerated in court. The data stored in the safety records database is also used by the Compliance Safety Accountability enforcement program, known as CSA.

Three plaintiffs named in the lawsuit were cited for alleged violations during the course of routine inspections. All three drivers challenged the citations in court and were either acquitted of the violations or had their cases dismissed.

When they attempted to use FMCSA’s DataQ appeal procedure to have corrections made to their safety records, the FMCSA denied the challenges and refused to make the necessary changes despite the court rulings. The bad data continues to stay in the system, which can have a negative impact on a driver’s ability to be hired or remain employed.

“By refusing to accept the determination by a court, the FMCSA has made state law enforcement agencies the final judge and jury on all citations,” said Jim Johnston, OOIDA president. “This can ultimately threaten business opportunities and income,” he added.

When a DataQ challenge is submitted by a driver to FMCSA, it is routed back to the state where the inspection report with the alleged violations originated, which according to the lawsuit is the agency’s way of delegating the responsibility of correct and complete results to the states.

The suit alleges the agency fails to comply with the Fair Credit Reporting Act, with the Privacy Act, and with mandates governing agency action contained in the previous highway bill, SAFETEA-LU. The lawsuit asks the court to order FMCSA to purge all data for which there has not been a judicial determination of guilt; purge all reports where a court has dismissed or ruled the driver not guilty; purge all reports that are not “serious driver-related violation(s)”; enjoin the agency from distributing information without any reference to a dispute and a summary of the dispute; and enjoin the agency from distributing false, inaccurate, incomplete or misleading inspection reports.

© 2012, Truck Drivers News Blog. All rights reserved.

I'm just a EX-truck driver, trying to pass along a little information. I been in the Trucking Industry as a driver for over 15 years. I have driven both as an owner operator and as a company driver. I have also been a driver instructor for an accredited truck driving school in KY. I am no longer a truck driver, but I consider myself to be a watchdog for the trucking industry. In fact this site is the #1 site for getting the real news about trucking. We don't hold back here, you will hear the full story. Twitter | Contact Me |Truck Drivers News Facebook

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Brake Safety Week Is On: Here are Some Tips

Brake Safety Week Is On: Here are Some Tips
Posted: Sep 10, 2013 10:35 AM | Last Updated: Sep 10, 2013 10:35 AM

GREENBELT, MD. — Thirty-thousand brakes will be inspected on trucks across North America this week, and not all will pass.

The annual Brake Safety Week held by the Commercial Vehicle Safety Alliance (CVSA) will see inspectors taking a closer look at brake systems on your trucks.

Six specific items will be targeted for inspection: driver’s license, registration, low air warning device pushrod travel (adjustment), brake linings/drums, leaks/air loss rate, and tractor protection system.

It's not just inspections that will be happening this week, either. According to CVSA, the primary causes for drivers not adjusting brakes is a lack of education and not having the proper commitment to safety. Dubbed Operation Air Brake, inspectors from various jurisdication will also be handing out educational material to drivers and fleets.

There's lots of educational resources online, too. For one, Bendix has a couple of educational videos you can download here.

Moreover, Bendix offered some advice to carriers:

“With the federal Reduced Stopping Distance (RSD) mandate now in full effect, fleets need to pay close attention to the issue of replacement brake lining performance and RSD compliance,” saidGary Ganaway, director of marketing and global customer solutions for Bendix Spicer Foundation Brake LLC Ganaway. “Because not all replacement friction marketed as acceptable under RSD will actually perform to the standard, fleets should ask for evidence of compliance from their friction supplier when replacing the friction on their RSD-equipped trucks.”

Bendix measured the 60 mph stopping distance of a mandate-compliant vehicle with OEM brakes and high performance linings. They then replaced the friction with multiple non-high performance original equipment and aftermarket materials that had passed the FMVSS 121 dyno test, but were not suitable for mandate compliance.

"With nothing else changed, the vehicle’s stopping distance increased from 215 feet using the high performance friction to 311 feet with the worst-performing aftermarket replacement friction — a stunning 45 percent decrease in performance," Bendix noted. That's a 96-foot difference.

Bendix also recommended protecting a vehicle’s air system from contamination as being crucial to maintaining a safe and effective air brake system.

"Oil, in particular, can be very harmful to an air system, contributing to premature damage in a variety of components such as spring brake modulating valves and brake chamber diaphragms. And oil-deteriorated seals can cause air system leaks – a target of Operation Air Brake inspections."

And if you're brake systems are in working order, you can also read owner-operator Dan Dickey's blog on not using your brakes.

Brake Safety Week runs from September 8 to 14. You can find out more at the CVSA website here.

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Truckers 14 Hour Service Rule - Safety vs Greed - Mar 12,2010

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Exercise the Highest Safety Standards When Using Your Bucket Truck!

Bucket trucks are complex and powerful pieces of machinery. Depending on the nature of the company's aerial tasks, this mobile technology comes in a number of shapes and sizes, and is used for a number of different purposes. It's most commonly utilized by power utility companies. By exercising the highest safety standards when using this powerful piece of equipment, any aerial tasks can be completed comfortably and efficiently.

Only well-trained personnel should be allowed to operate these powerful pieces of equipment for safety reasons. Well-trained operators are those who are not only familiar with the user and maintenance manuals, and OSHA Safety guidelines, but also are properly trained operators and understand any safety procedures and be able to execute them in the field.

Daily Safety Checks

Before starting and after any operations are finished, operators should conduct a thorough safety check to detect if any vehicle damage has occurred or leaks have sprung up. This will help in determining any potential safety hazards and making the necessary repairs on the damages at this early stage will prevent any problems from getting worse. Visual inspection of the vehicle exterior is very important to identify broken, loose, missing or damaged parts. For vehicle tires, check tire bulges, pressure levels and cuts. The engine and hydraulic systems should be checked for oil and leaks, and the vehicle exterior must be free from cracks and any signs of rust. Any lighting should be fully functional and all decals and stickers on or around the boom should be present. Make sure also that the control labels are understandable, in their proper place and legible.

Bucket Truck Work Site Safety

Most accidents happen at the work site, so operators should perform inspections and spend time surveying the site before deploying the vehicle. Check for drop offs, holes, debris and bumps. Park the vehicle on stable and even ground. When the vehicle is in park, wheel chocks must be in position and the emergency brake should be engaged. The work site should also be free from any overhead obstructions, and operation should be cancelled if the wind speed is 30 miles per hour or higher, or any weather threat like an electrical storm is forecasted.

Fall hazards at a work site can be avoided if the worker keeps their feet on the floor of the bucket and makes sure it's clear of debris or equipment. They must also avoid sitting, climbing or standing on the edge of the basket. While inside the lifted bucket, they should never attempt to increase work height by any means such as using ladders or step tools. Fall protection must be worn at all times.

To avoid tip-over hazards, operators must see to it that while the bucket is raised, there are no objects that are being pushed or pulled, the vehicle should never be moved to another location and load capacity should never exceed 300 lb. It is also not wise to use the boom as a crane. Never attempt to carry other objects such as ladders inside the bucket. Operation should be avoided during storms or when there are high winds. Park the vehicle on even ground and ensure that outriggers are properly positioned during operation.

The highest safety standards should be exercised in the workplace to properly use a bucket truck. Operators must be well-trained and should perform the necessary safety checks of the vehicle while in the garage. They should also inspect the work site and make sure that the best safety practices are being facilitated during operation at all times.

Christopher M. Hunter is an expert in commercial specialty trucks. Click here to find out more about Bucket Trucks.

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Used Bucket Trucks and DOT's New Safety Rules!

For companies that purchase used bucket trucks for their aerial needs, it is imperative to stay current with the new Department of Transportation (DOT) safety rules.

Fleet owners, as well as individual drivers, need to be well-informed about the safety rules in order to comply with those regulations that have been issued by the governmental agency charged with enforcing safety, the Federal Motor Carrier Safety Administration (FMCSA), under which is the Compliance, Safety, and Accountability (CSA) program. A driver's primary responsibility is to closely monitor the bucket truck and address any safety concerns of the vehicle.

Guidelines

It is important to be aware of the scope of the rules spelled out by FMCSA. One of their most recent standards declares that any equipment with flagged safety defects must be taken out of service until necessary repairs have been completed. During the time period that the equipment is flagged as defective and in the process of being repaired, it is important to ensure that drivers as well as dispatchers maintain and keep the records of the required restorations. If repairing the flagged defects is somehow delayed and the company fails to comply with the standard set forth by the FMCSA, it can result in prolonged downtime of the bucket truck. As a result, this can affect the company's profitability and delay project deadlines.

Furthermore, the new CSA requirements for record-keeping of safety and repair activities are strictly imposed. If a company fails to abide by such guidelines, it may become overwhelmed with the necessity to complete all necessary paperwork. For this reason, businesses must have a system that better assimilates drivers, dispatchers and the repair shop.

Fleet Maintenance Software

Technological advances have brought much convenience to businesses, especially with the present maintenance and repair scheduling challenges. There are computerized software systems available on the market that can be installed in existing vehicles. These systems can help keep up with maintenance and repair record-keeping in order to keep the bucket truck up-to-date with the record requirements of the CSA.

There are software systems available that allow companies to easily track problems on the road or at the work site and schedule repairs before the bucket truck even returns to the company's home area. These programs allow the driver to fill out an electronic inspection report form regarding the bucket truck. The system also prompts the driver to ensure the entire checklist has been filled out completely as required by CSA.

This information is then delivered electronically to the central maintenance system which will automatically generate a notice of repair for the specific equipment if there are any safety-related issues. With this automation, worries can be eliminated and companies can be assured that there are no miscommunications between drivers, dispatchers and technicians. Also, all the paperwork of the repair requirements is secure, which eliminates the risk of losing it in the process.

Keeping up with the new DOT safety rules and using the technological advancements designed for bucket trucks is very useful. It may be helpful to check with the repair shop used by the business to discuss with them how to work together with the business to abide by the FMCSA and DOT guidelines!

Christopher M. Hunter is an expert in commercial specialty trucks. Click here to find out more about Used Bucket Trucks.

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Some Thoughts on the Safety and Comfort Nerf Bars Can Provide Getting in and Out of Your Rig

I remember those good old days, back in the 50's, when I was young. There weren't so many cars or models that it was easy to know everyone by sight. And it was fun to see what bright young minds would do to customize their vehicles. Those were the days of lots of cutting and welding and bondo-ing! It was a lot of work, but boy did they look sharp when they were done.

Today, enhancing or customizing your ride is no longer so complicated. You can cruise into your favorite aftermarket auto accessories web-store, and order custom parts specifically made to fit your vehicle. And you can dress up anything from a Honda Civic to a Full Size Dodge Ram Pickup!

These add-ons of today also add security and comfort, as well as appearance. Take side steps or running boards for example. Again made to custom fit whatever you're driving, these step bars not only provide you with a leg up into your bigger vehicle, but also a safe one.

Basically a metal tube side bar with rubber feet pads strategically placed underneath the door openings, these add a nice looking touch to the side of your ride! They provide a sturdy solid step to help you climb up into the vehicle, and the pads help keep your feet where you want them. Call them side steps, step bars, Nerf bars, Nerf steps, running boards, or whatever, they really do a great job helping you get up, in, and out of your truck or SUV - and doing it safely.

You will find a wide variety of side step types available at the many aftermarket auto accessories web stores on-line, which helps you get precisely the look you're after. Because there are more and more rigs that sit up higher these days, and just as many styles and shapes, you really want to find the right size and look that works for you and your vehicle. My best suggestion is to just do a lot of web shopping from your desk or easy chair, and look around. See what products are out there. Find vehicles like yours and see what others have added to them. You'll know when you find the right one!

There are lots of good reasons to add a set of custom fit chrome side steps to your rig. Spend enough to get a good quality part, and spend the money to get it. It will be totally worth it for years to come, especially knowing that your family and passengers will be safe, too.

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Safety Rules for Protecting Truck Drivers While on the Road

Truck drivers are instrumental in transporting merchandise cross-country from one area to another. Without them, the economy would virtually come to a stop. The high number of truckers on the road makes safety a primary issue, and the Federal Motor Carrier Safety Administration or FMCSA strives to keep them as safe as possible by implementing safety rules and regulations. All truckers need to consider road safety as a job requirement, and avoid situations that put safety in question. One of the primary reasons for semi accidents is driver fatigue.

The wages of a driver translates into deadlines and quotas, so many tend to stay behind the wheel too long without rest. Law regulates the hours of driving time and the hours of rest required for a trucker. Drivers are required to keep logbooks with back up receipts as a means of enforcement. Some truckers circumvent or falsify the records because the faster they move cargo the more money they make. However, most of them realize the importance of safety on the job. In order to overcome fatigue some drivers use prescription drugs, over the counter medications or other types of stimulants to stay awake.

Instead of avoiding the problem, drugs compound the problem decreasing safety, so laws require motor carrier companies to randomly drug test their employees. A distracted driver is dangerous to everyone on the road. Sending a text or internet surfing, watching DVDs, or attempting to operate a laptop while driving, causes many accidents. Although truckers spend many hours in their rigs, they should not become comfortable enough to entertain themselves in this manner. Vehicle maintenance is high on the list of controllable causes of accidents.

Fluids, hoses and tires need checked every time the vehicle stops to fuel. Tires need examined closely due to the time spent on the road along with the changing weather conditions a tractor-trailer can encounter during one delivery. Brakes are another controllable reason for accidents caused by mechanical failure. Trucks have to rely heavily on their braking system, especially in mountainous terrain. Slowing a truck with a full load, going down a steep incline puts extensive stress on the system. Truckers know that driving a big rig is much different than driving a car with a bigger chance of causing injury or death in an accident.

Unsafe truck driving practices should not exist. A semi cannot react as quickly as a car in any situation. It takes longer to increase and decrease speed and takes more room at intersections to make a turn. The trucks blind spot is larger than the one on a car and speeding increases the already lengthy reaction time. A load of shifting weight exaggerates the movements of a truck, so extra caution needs observed when hauling shifting cargo. Every action that puts a car at risk of an accident also puts a truck at risk with possibly tragic results.

As with any motor vehicle on a public roadway, the person driving a semi must always be aware of other motorists that are inattentive or reckless. Watching out for other unsafe drivers can often prevent accidents. Those who transport cargo, whether local or long distance are responsible for evenly distributing the weight as much as possible and safely securing their load. The use of tie downs straps and tarps help obtain this goal.

Drivers need to make a concerted effort to get sufficient rest, eat right, and get physical exercise to maintain a level of physical fitness that assists in staying mentally alert. In an accident, truck drivers are at risk of serious injury or death, so seat belts should be in use and a fire extinguisher kept in the cab of the truck. Driving tractor-trailers takes skill and carries a huge responsibility with it, so no one should ever consider it a routine job. Regular use of safety precautions tops the list for doing it successfully.

When a large truck crashes with a passenger-sized automobile, the results are often catastrophic. Even a minor impact from a semi truck accident will result in a huge impact on a passenger vehicle. Huge impact equals serious, sometimes permanent, injuries. Maryland injury lawyers will make sure that you and your family gets the reimbursement that you deserve. If you've been injured by a tractor trailer, call a Maryland truck accident attorney today.

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Safety Tips for Truck Drivers

While truck drivers have tons of steel protecting them on the road, they can still be in danger. There are some safety tips to help ensure truck drivers are safe on the roads, and that makes the safer for everyone else in small vehicles as well. A truck driver needs to take care of his or her own needs before anything else. Failing to get enough rest, not eating properly, and not getting enough exercise can all affect a person physically and mentally.

Taking care of the truck they are driving is very important as well. There is plenty of routine maintenance that needs to be done on a semi truck. This includes checking the fluids, checking hoses, changing the oil, and looking for any leaks or problems. Tires need to be in good condition so they don’t blow out. We have all seen though large pieces of rubber on the roads that come off of big trucks. These can create a hazard for other drivers when they are driving behind a big truck.

Even if you don’t own the truck you are driving, it is your responsibility to make sure it is in good enough condition to be on the road. If you are picking up a trailer you need to inspect it as well. Make sure the trailer is properly connected to the semi truck before you leave so that you don’t cause any problems when you get onto the road.

No matter what you are driving, you always have to on the look out for other drivers not doing their part to be safe. Big trucks can’t stop as quickly as other vehicles so you need to be prepared for road construction, accidents, and congestion on the roads. Leave enough room between you and the vehicles ahead of you to anticipate anything that could possibly occur. Make sure you pay close attention to blind spots on your truck before you attempt to change lanes or pass other vehicles.

It is a good idea to always wear your seat belt while in a semi truck. Too many people have the misconception that they are perfectly safe up there but in the event of an accident you could be seriously thrown around or even thrown out of the vehicle. It is a good idea to always have a fire extinguisher in the cab of the vehicle as well.

Since most truck drivers travel from one part of the country to the next in order to pick up or deliver a load, the weather changes can be quick. It is important for a truck driver to have essential clothing for any kind of weather including the extreme hot and the bitter cold.

Both the heater and the air conditioning need to be in good working condition in the cab and in the sleeper of the semi truck. Make sure you have dry foods and water in the cab in case you have to stay in there for any length of time. Tire chains are also good to carry in case you are facing harsh ice and snow conditions.

Most truck drivers carry cell phones, and they can use it to be the eyes and ears of the road. Reporting stranded motorists, poor road conditions, road kill, or even other drivers who are being careless and reckless can prevent serious injuries and accidents from occurring. It is never a good idea to pick up hitchhikers while driving a semi truck. They can be distracting and they might even be dangerous.

Many truck drivers log thousands of miles each month without incident. This is due to the fact that they work hard to take care of their own needs, they routinely inspect their truck and trailers, and they pay attention to what is taken place around them. Accidents can happen in the blink of an eye, so professional truck drivers know to be prepared for anything.

Truckers 14 Hour Service Rule - Safety vs Greed - Mar 12,2010

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No Truck Idle Risking Health and Safety of Truck Drivers

Smart Way EPA

The last year for the professional truck driver has been filled with many challenges.  The recession has caused many drivers to take a significant cut in pay, drivers still endure negative retaliatory DAC comments by former employers, “fleecing” scams still exist, owner operators maintain their struggle with high fuel costs, HOS rules that cause conflict with shipper and receiver appointment times (creating fatigue from lack of sleep), the talk of new DOT medical requirements, and lets not forget CSA 2010, which has the entire industry buzzing.

With all these issues to contend with, I find none more inhumane than the “no idle” and “limited idle” laws and rules which are being enforced for large trucks by either the states or the trucking companies.  These regulations are disguised  as “being green” and “environmentally friendly,” attracting praise and recognition  from the general public towards the trucking companies  who voluntarily enforce them.

These trucking companies are more than happy to enforce  such idling regulations, as it not only gives a positive recognition from the general public and the conscientious “go green” advocates, but it also creates a larger profit and bottom line. How perfect is that?

Trucking companies are so concerned with the environment that they have teamed up with the  Smart way EPA program, creating their own strict limited idling rules for their drivers. This program gives awards to companies that are most compliant and “eco friendly”, and many times you will see these company trucks proudly displaying their partnership with Smart Way, sharing their enthusiasm for caring for “Mother Earth” and fuel conservation….But here comes the truth….the other side of the coin.

What the general public doesn’t realize is that by carriers creating limited idling rules, truck drivers health and safety is being placed in harms way. I don’t need to tell you what it feels like to be in your vehicle when it is either extremely cold or hot. Many of us turn on the ignition and cannot even wait the 5 minutes that it takes for the air or heater to work, and yet these laws and “carrier idle driver rules” are being enforced against their drivers, expecting them to sleep in 90+ degrees and sub-freezing temperatures without air or heat.

There are some companies that have trucks with an APU ( Auxiliary Power Unit)  on board for their drivers, but not all companies and not all of their trucks.  If you think about it, why would they?  The APU’s are too expensive.   After all, they do not have to sleep in these inhumane temperatures, right?  It is only the dog sleeping in there, I mean the driver . . . wait, I forgot, you are not allowed to have an animal in the truck under those conditions . . . drivers ok, pets not ok . . . what’s wrong with this picture?

Many of the Smart Way Partners are winning awards for being the “best ” in compliance ( SMART WAY EPA AWARDS), by forcing their drivers to abide by limited idle rules so they can receive and be recognized for their gallant efforts towards improving the environment and conserving fuel.  Yet, they are risking the health and safety of their driver employees.

So the next time you see a truck proudly displaying their Smart Way Partnership, give them a call and ask them what percentage of their trucks have an APU for their drivers, ensuring their drivers’ health and safety?  It is  just another way of asking them, ” Do you treat your drivers humanely?”

Many others within the trucking industry are concerned about this limited and “no idle” enforcement. Here’s another post by TruckerDesiree  of RealWomenInTrucking who has also written in detail about it.

Also Rhianna Weir, the Madison Trucking Examiner, has an interesting challenge for those of you  who may or may not believe just how serious a problem this is.

2010-  The Year of Safety!!!

For your additional reading enjoyment I wanted to share this article in the McDowell News, ” New State Rules Have Truckers Sweating.”

The article explains new rules in the state of North Carolina:  The North Carolina Environmental Management Commission now requires that operators of heavy-duty trucks refrain from idling their engines.   I wrote a lengthy response to the article, however, it was not posted, so I’ll post my response here.

Response 7/17/10  by Allen Smith

“I find it always amazing that those who wish to appear to be advocates of various causes or missions, will often do so at the sacrifice and expense of others, not to mention the total lack of respect and the disregard of another human life.

I wonder if Sheila Holman would be quite as emphatic and passionate about her remark, “Exhaust from idling trucks is a significant source of air pollution that we can’t ignore,” … “The idle rule will help improve air quality while conserving large amounts of fuel”,  if she or her family and friends were the recipients of the sacrifices required to reach these goals. In other words, I would like to know how she would feel if she and her children were made to sleep in a 100 degree closed truck ( 60 days consecutively) and then be expected to work a 14 hour day, driving 80,000 pounds down the highway safely and alertly.

Tell me Ms. Holman, would you be quite as worried about the air quality or saving fuel then?  Answer:  I DOUBT IT.  How easy it is though, for Sheila Holman, National director of the NC division of Air Quality, to so boldly, proudly and confidently share this air quality improvement solution with so many, accepting applause and recognition for doing such a marvelous and sacrificial job as she rides off in her air conditioned car and sleeps in her air conditioned home.

My suggestion to her is that if she truly believes this is the way to improve air quality, then she should request that herself, her staff, her family and friends, refrain from turning on the air at night, so they may also share in this much needed conservation and sacrifice.

Now, as far as the other statements:

“The EMC points out that some truck stops have power connections, so truckers can plug in their rigs and not have to idle the engine to keep warm or cool.  The release also points out that a truck can have more than one source of power installed.”

Let’s start with the “some stops have power connections”. Well EMC, that means that “some do not.  It also means that the driver pays for that, not the trucking company. . . Which brings up another fact that the general public should be aware of . . . drivers continually survive on limited wages, which by the way, the trucking companies have significantly reduced further because of the recent economic recession. Many of these drivers are new drivers, receiving sometimes as low as 18 cents per mile (between 200-400 dollars per week, depending on how many miles they drive).  Figuring that many send home most of this to their families, how much do you feel they would be able to spend keeping themselves cool or warm, depending on the weather?  I doubt many can even afford the 10-15 dollars per night for these luxuries of heat and warmth, let alone a motel room, which some extremely ignorant and naive folks have even suggested.

Let’s move on to the APU units which would solve all the idle problems, right?  Well yes they would, in a perfect world that is.  Company drivers have no authority over this. The Carrier decides whether or not they want to place APU’s in their trucks in order to accommodate their drivers health and comfort. MOST DO NOT!!  Yet, many of these companies are receiving awards for their “green efforts” again, on the backs and sacrifices of others while they themselves enjoy the comforts and luxuries of daily life.

I will end with this:  It is this kind of inhumane thinking and treatment which contributes to the former 128% turnover rate of drivers as an ongoing problem. Many people do not stay in trucking, or bounce from company to company, hoping to find a “good company”.  What is ironic, is that they define good as one which will not exploit or abuse them.

What keeps the trucking industry moving is the continuous influx of new drivers, those who do not know that they will be treated badly because they have been told the sugar coated “happily ever after” recruitment story. Many of these drivers leave the industry, and so the truck driver turnover rate continues.  One day, drivers may get fed up . . . and God help us all if that happens. Think about it, and then be concerned: No food, medicine, NOTHING!

What’s the saying?  “Don’t look a gift horse in the mouth.”  Furthermore, stop telling truck drivers want they can or should do, until you have lived their life.

© 2010, AskTheTrucker. All rights reserved.

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Tagged with: Smart Way • Smart Way Awards • smart way epa program • truck driver health • truck drivers • trucking companies • trucking safety

Filed under: Fuel Costs • Politics • Safety • Truckers Health • Woman Truckers • trucking companies

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Lack of Truck Parking Causing Highway Safety Risk for General Public

Yesterday June 28, 2010 marked a day in history for the National call-in day to support Jason’s Law and the need for more safe and adequate truck parking.  People from all over the country were calling their  Senators and Representatives in Washington, DC, urging them to support HR 2156 and to co-sponsor the bill.

The designated day to call Washington was designed to move the  bill HR 2156 out of committee and passed into law. This much needed bill would begin a targeted pilot program which would address the lack of safe long term truck parking facilities which continues to compromise highway safety within the United States.  Lack of parking has been a major complaint for truckers for many years, and now with a sluggish economy, many more parking facilities are closing down, increasing the need for more government awareness and concern for the problem.

What many do not realize is that the lack of truck parking facilities poses an extreme danger to the general public as well as professional truck drivers.  The problem with inadequate truck parking effects everyone driving the highways:

1  Drivers are allowed to drive just so many hours per day ( Hours of Service Regulations set by Federal Government) Knowing this, a driver must plan their trip accordingly in order to satisfy the law, not exceeding their driving limits.  Note that this is strictly enforced and a driver who violates HOS receives a citation. With the new laws of CSA 2010, these violations can prove to be even more damaging, to both the driver and the carrier, as all violations will be recorded and maintained in a database for safety evaluations.  If a driver can not find parking to rest, he/she not only risks receiving a violation, but more importantly risks the lives of those sharing the highways with them.

2  A truck drivers job is demanding, and the lack of rest can cause serious ramifications in regards to highway safety. If a driver plans his/her trip and there is no adequate parking available in either the rest area or truck stop, he/she is forced to move on, many times driving extremely fatigued.
How ironic, that in a year when the FMCSA is calling for the demand of improved highway safety by implementing CSA 2010, and the new call for Sleep Apnea testing to ensure that drivers are not driving tired due to insufficient quality sleep,  a law which would improve highway safety by creating truck parking and ensuring truckers adequate rest, is not already placed as a priority within the scheme of “safety.”
The fact that truck drivers many times are forced to drive fatigued because of a lack of parking is ludicrous and not at all in alignment with the Federal government Campaign for highway safety. This poses a huge risk to the general public as a driver falling asleep at the wheel can prove to be fatal for the other vehicle.

3  Truckers many times are forced to pull over on the side of a road to rest, many times on an exit or entrance ramp, causing extreme highway safety risks for themselves and the general public.

4  Finally, drivers are forced  many times to park in unsafe surroundings in order to get their much needed rest. This was the case for Jason Rivenburg, who parked in an abandoned gas station which resulted in his violent death. Jason was an open target for predators as he parked in an isolated area and  was shot and killed before he could make his early morning delivery.

Yesterday’s calling campaign to Washington was a success as supporters from the trucking industry stood together and joined forces to get HR 21 56 passed.
The next stage of this campaign needs to be the spreading of awareness to the general public who are unaware of the extreme safety risks they are subjected to on our nations highways. Although the trucking industry represents millions of truckers and transportation employees, it is the general public of the highways that must be aware of the dangers and to also be in align to support the passing of this bill.  They must realize that a tired driver unable to stop for rest could be driving along side of them on the highway.

We personally, once again, made numerous call to the representatives in our state of Florida explaining the dire need for Jason’s Law. We also called all 4 offices in the committees which the bill appeared to be “stuck” in, namely the Transportation and Infrastructure Committee and the Highways and Transit Subcommittee.

Transportation and  Infrastructure Committee.

Representative Jim Oberstar (D – 08) 202-225-6211

Representative John L. Mica (R – 07) 202-225-4035

Subcommittee is the Highways and Transit.

Representative Peter DeFazio (D – 04) 202-225-6416

Representative John J. Duncan, Jr. (R – 02) 202-225-5435

The most helpful person among all of our phone calls was Todd Kohr from the office of Jim Oberstar, who is the Chair of the Transportation and Infrastructure Committee. Although the answers to our questions that we asked were not encouraging, the honesty and transparency was appreciated.

According to Todd Kohr, professional staff member for the Highways and Transit subcommittee, he stated that the reason the bill is not moving is because there are similarities to what Jason’s Law is attempting to achieve in another broader bill, the Surface Transportation Authorization Act.

Now, here is the problem:

When the need for truck parking is attached to another bill, Surface Transportation Authorization Act, and many other transportation needs are also attached, the allocated funds would be dependent upon the other proposals within the bill. This has been the problem for many years now when we look at the track record for providing funds for long term truck parking. Truck Parking Funding  gets lost on the shuffle of “other interests”

Todd Kohr also mentioned another Pilot Program, The Truck Parking Facilities Pilot Program which is under SAFETEA LU (Safe, Accountable, Flexible, Efficient, Transportation Equity Act) which was awarded 25 million over 6 years for truck parking ( THROUGH 2009).
USDOT recently released 6 million dollars to 5 states from this Pilot Program funding: Tennessee, Mississippi, Pennsylvania, Utah, and Oregon.

As we mentioned to Mr Kohr, The Truck Parking Facilities Pilot Program, is a mere drop in the bucket in comparison to the bill, Jason’s Law, which will also be a Pilot Program for meeting the additional  long term truck parking needs, but will be 120 million dollars over a 6 year period. Oddly enough, the 120 million dollars for Jason’s Law has been criticized by many, stating that  20 million dollars per year is not enough to cure the deficit of truck parking facilities. If so, then The Truck Parking Facilities Pilot Program, only awarding 6.25 million dollars per year, surely will not even come  close to meeting the needs for this huge truck parking problem . The other broad bill for transportation, Surface Transportation Authorization Act, which on paper includes addressing truck parking, doesn’t even define ( nor could Mr Kohr tell us in dollars) a predetermined amount of funds which would be allocated for the severe shortage of truck parking.

Our suggestion to the Transportation and Infrastructure Committee and the Highways and Transit Subcommittee, is to seriously reconsider the safety needs of the general public and the professional truck driver by passing Jason’s Law as it’s own bill, thus securing allocated funding for the drastically needed truck parking facilities which are causing havoc among drivers along with compromising the lives of those sharing the highways with 80,000 lb trucks.

It is only when Jason’s Law, HR 2156 is passed into law, that the truck parking problems will be adequately addressed and targeted funding will be used for this purpose and this purpose only. It’s obvious now, after more than 10 years of addressing the shortage of truck parking, that attaching it to a “broader bill” just does not work.

Continue to call your state representatives and tell them you want Jason’s Law as it’s own bill, not tucked inside of a broader bill

© 2010, AskTheTrucker. All rights reserved.

: H.R. 2156, Highways and Transit Subcommittee, Jason's law- H.R.2156 S971, Jim Oberstar, shortage of truck parking, Surface Transportation Authorization Act, The Truck Parking Facilities Pilot Program, Todd Kohr, Transportation and Infrastructure committee, truck stop shortage, USDOT

Tagged with: H.R. 2156 • Highways and Transit Subcommittee • Jason's law- H.R.2156 S971 • Jim Oberstar • shortage of truck parking • Surface Transportation Authorization Act • The Truck Parking Facilities Pilot Program • Todd Kohr • Transportation and Infrastructure committee • truck stop shortage • USDOT

Filed under: DOT • Politics • Safety • Truck Stops • trucking

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Truck Drivers Health and Safety Concerns with the No Idle Law

No Idle Law on Blog Talk Radio

Truth About Trucking “LIVE” talk radio show discussed the safety and health concerns that truck drivers face with the no idle law, on Thursday, July 29th, 2010.

Rules and policy makers suggest that professional truckers can simply “plug in” at the truck stops or get a motel room . . . the problem, however, is that the majority of truck stops across America do not have plug in locations and those that do charge a fee which comes out of the drivers’ own pocket.  Furthermore, the reason semi tractors have a sleeper, is so the driver does not have to obtain a motel room . . . which,  by the way, also would come out of their pocket.

The no idle law is being pushed by the Smart Way EPA program and many trucking companies are beginning to instigate their own policies on this issue, placing all of the burden and expense on the truck driver.  Is it really all about the green movement and protecting the environment, or is it more about greed?

Any driver who has been driving long enough has experienced the ordeal of spending a night in the sleeper birth with no air or heat until they could get to a repair shop and have the problem fixed.  Try sleeping in 100 degree heat or -25 below zero, without the proper comfort devices . . . at the same time, truck drivers are expected to get the rest and sleep needed . . . after all, this year has been declared as the “Year of Safety,”  right?

Some drivers have pointed to an amendment to the no idle law which allows the truck to idle if the driver has a pet in the cab of the truck with them.  Perhaps this is the way for truck drivers to get around this law?  It is OK for the driver to suffer in immense heat or cold, but for an animal . . . absolutely not!  However, this may not be the case in all states.  California, for instance, has stated that as of January 1st, 2009, that a driver can no longer use a pet for an excuse to idle.

All of the shows are archived, or in case you missed it . . . you can catch it here:

© 2010, AskTheTrucker. All rights reserved.

: no idle law, smart way epa, truck driver health, truck driving safety, trucking

Tagged with: no idle law • smart way epa • truck driver health • truck driving safety • trucking

Filed under: Fuel Costs • Politics • Safety • Talk Radio Show • Truckers Health • otr trucking • trucking • trucking companies • trucking life

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