UPDATE 1st Quarter 2012
SAFETY & MAINTENANCE Safety Insights
We can’t afford complacency T
Tim Frazier, CDS ATA Director of Safety and Member Services
‘If we are not continuously monitoring the many facets of our businesses, accident frequency can suddenly rise, costs can get out of control, and the bottom line could suffer.’
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raveling the state the past few months, meeting and greeting many of our members, it is evident to me that the best companies are those that are the most concerned with their operations becoming too complacent. A mentor of mine described complacency as “doing the same thing all the time, comfortable, satisfied, routine, but stuck in a rut. The only difference between a rut and a grave is that a rut is nothing but a grave with the ends kicked out.” With that in mind, I found myself reviewing how many ruts I’ve experienced in my career, and how many trucking companies have had similar problems, or even failed, due to their ruts. Early in my career, I had an opportunity to work for an individual who continuously challenged the many facets of his business, including my department. At first, I could not understand why he was never satisfied. My department would be coasting along at what I considered a smooth pace, and he would pop questions like, “How are we going to reduce accidents, or how are we going to reduce our cost per mile?” My initial reaction was frustration; but then, I’d settle down, take a good look at things, and tackle the task. As the years went by, and my maturity grew, I found myself becoming one of these people always wanting to change or challenge a particular area of concern. I learned being stuck in a rut causes great difficulty with moving an organization to the next level. An occupation in the trucking industry is one of the most challenging professions one could have. As we face regulation changes, freight issues, and/or people needs, it’s obvious that complacency, if unattended, will create severe problems for a company. If we are not continuously monitoring the many facets of our business, accident
frequency can suddenly rise, costs can get out of control, and the bottom line could suffer. The most successful companies I’ve had the opportunity to visit are the ones whose managers constantly challenge the status quo – I’m not talking one a year or once a quarter, they do it on a daily basis. It’s easy to sit back and let things roll along with no thought to becoming better. Tasks such as compliance, preventative maintenance schedules, dispatch procedures, driver hiring, and about a hundred others, can become such a routine that we can become inattentive and start overlooking details. A safety director who becomes complacent will not notice subtle changes in log violations, inspection reports, moving violations, and the many other areas that can affect the carrier’s safety rating and liability risks. Fleet managers who are not consistently monitoring these and other areas such can suddenly find the organization in financial trouble, too. All areas of a trucking company must be monitored continuously so dreaded slip ups don’t happen. Many times you will see a satisfied operation conducting business in a reactive mode. But, as we all know, being reactive is most often too late in our industry. In the days ahead, we will face regulatory changes, rising equipment costs, freight demands, and people needs. We must prepare to battle complacency in our organizations by reminding our people to keep first things first, such as safety, training, expectations and rising costs. Fortunately, this Association is composed of the best in the business, industry leaders who routinely hold themselves to a higher standard. That makes my job easier, but most importantly, the industry safer … and better.
MANAGEMENT COUNCIL NEWS ATRI lists local and state anti-idling laws The American Transportation Research Institute has updated its listing of local and state anti-idling laws to include two regulations that have recently taken effect and one change set to take effect soon. For instance, Oregon’s law banning idling for longer than five minutes took effect in January. Truckers face fines of up to $180 per offense, but the law makes exceptions for air conditioning or heating during extreme temperatures. Salt Lake City bans idling longer than two minutes, with exceptions for air conditioning and heating thanks to a law passed in October. First-time offenders get a warning, but a second offense will cost $160. A provision to West Virginia anti-idling law that allows idling for air conditioning or heating purposes will expire in May, ATRI said. The guide is available in both a fullpage and card-sized version on ATRI’s website, www.atri-online.org. FMCSA releases handy BASIC fact sheet The Compliance, Safety, Accountability (CSA) program has released a new Behavior Analysis and Safety Improvement Category (BASIC) factsheet series on the CSA Outreach Website. These factsheets are targeted for motor carriers and commercial motor vehicle (CMV) drivers who want to learn more about the agency’s seven BASICs, the Federal Motor Carrier Safety Regulations (FMCSRs) upon which they are based, and how to ensure they comply with those regulations. Motor carriers and drivers should read all seven of these new factsheets to gain a more comprehensive understanding of the CSA program and, more specifically, the BASICs. The BASICs are Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related, and Crash Indicator. As these factsheets outline, the BASICs are safety categories in the CSA program’s Safety Measurement System (SMS). Motor carriers can see where they stand in each BASIC by logging into the SMS online at http://ai.fmcsa.dot.gov/sms/.
ATA, NATMI to offer safety director certification in July The Alabama Trucking Association, in partnership with the North American Transportation Management Institute (NATMI), is offering Certified Director of Safety and Certified Safety Supervisor courses beginning July 16-20, 2012. The courses will be held at the ATA headquarters in Montgomery. All-inclusive tuition fees for the Accelerated Certification School Program (includes both course fees, NATMI membership fee, certification kit and certification application fee) are as follows: $1,295 (4 days of classroom training); $1,195 (testing option for Motor Fleet Safety Basics + 2 days classroom training); courses taken by themselves are each $480 for members or $580 for non-members; and both courses taken together are $865 for members and $1,065 for non-members NATMI’s stated mission is to improve the performance and productivity of fleet professionals directly responsible for effective fleet and driver performance — e.g. safety directors, maintenance managers and commercial driver trainers. Also, insurance companies take NATMI certification into account among other factors in setting premiums. Through training and professional certification programs, NATMI helps transportation professionals develop the knowledge, skills and attitudes necessary to reduce vehicle accidents; reduce employee injuries; control costs associated with vehicle maintenance; recruit and retain qualified drivers; avoid fines through proper regulatory compliance; and present a favorable public image. For more information on the course, visit www.natmi.org or contact Tim Frazier at 334-834-3983.
ATA's 2011 candidates for certified director of safety (CDS) accreditation conducted by North American Transportation Management Institute. From left, Robert Folk of Cobbs, Allen & Hall; Kent Williams of R.E. Garrison; Stephen Murray of Dupre Logistics; Tonya Wilson of Barnett Transportation; NATMI instructor Mike Connelly; and Connel Coggins of Buddy Moore Trucking.
These BASIC factsheets fulfill an informational need for motor carriers and drivers looking for ways to improve their safety performance. Motor carriers should consider these factsheets not only as a resource for themselves but also as a tool for educating their drivers. FMCSA will highlight
one BASIC factsheet each Monday for the next seven weeks through this subscription email service to support industry’s understanding of the BASICs. To view the BASIC factsheets visit https://csa.fmcsa.dot.gov/resources.aspx?locationid=58. 3
News DOT issues HOS Final Rule As expected U.S. Department of Transportation inissued its Commercial Driver Hours-of-Service Final Rule, keeping daily driving limits intact at 11 hours, but significantly trimming the amount of time they can work within a week. Specifically, FMCSA’s new HOS final rule reduces the weekly limit by 12 hours, from 82 to 70 hours. In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window. According to DOT, the rule requires truck to take at least two nights’ rest when their 24-hour body clock demands sleep the most – from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule’s “34-hour restart” provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off duty. The Final Rule allows drivers to use the restart provision only once during a seven-day period Meanwhile, the Rule states that companies and drivers who commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11hour driving limit by three or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense. Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013. American Trucking Associations officials expressed frustration and disappointment that the Obama administration issued an “unjustified final rule governing hours-ofservice that will do nothing to improve highway safety, but will very likely increase the risk of truck-involved crashes.” ATA President and CEO Bill graves said, “What is surprising and new to us is that for the first time in the agency’s history, FMCSA has chosen to eschew a stream of positive safety data and cave in to a vocal anti-truck minority and issue a rule that will have no positive impact on safety. 4
“From the beginning of this process in October 2009, the agency set itself on a course to fix a rule that … by all objective accounts is working to improve highway safety. Unfortunately, along the way, FMCSA twisted data and, as part of this final rule, is using unjustified causal estimates to justify unnecessary changes.” ATA officials noted that even with an uptick in truck-involved fatalities in 2010, since the current rules went into effect in 2004, fatalities have fallen 29.9 percent while overall miles traveled for trucks has risen by tens of billions of miles. ATA Chairman Dan England added that “by forcing through these changes FMCSA has created a situation that will ultimately please no one, with the likely exception of organized labor. Both the trucking industry and consumers will suffer the impact of reduced productivity and higher costs.” ATA argues that groups that have historically been critical of the current hours of service rules also won’t be happy since they will have once again failed to obtain an unjustified reduction in allowable daily driving time. “This rule will put more truck traffic onto the roadways during morning rush hour, frustrate other motorists and increase the risk of crashes,” Graves said. “By mandating drivers include two periods between 1 a.m. and 5 a.m. creates additional and unnecessary congestion and putting motorists and those professional drivers at greater risk. The largest percentage of truck-involved crashes occurs between 6 a.m. and noon, so this change not only effectively destroys the provision of the current rule most cited by professional drivers as beneficial, but it will put more trucks on the road during the statistically riskiest time of the day.” The rule is being sent to the Federal Register and is currently available on FMCSA’s Web site at http://www.fmcsa.dot.gov/HOS FinalRule.
Troopers launch awareness campaign for ‘Move Over’ Law Alabama State Trooper officials have joined with other Southeastern states in a campaign to teach motorists the importance of “moving over” to protect emergency vehicles stopped on the side of the road, the Birmingham News reports. More than 170 law enforcement officers in the U.S. since 1999 have died after being struck by motorists, and thousands others have been injured, according to a statement
released last month by Col. Hugh McCall, director of Alabama’s Department of Public Safety. The Alabama highway department is teaming up with the Florida Highway Patrol and the Georgia State Patrol during February to draw attention to the “Move Over Law,” which requires motorists to move over one lane when authorized emergency vehicles — including police, fire, EMS vehicles and tow trucks — are stopped on the roadside with emergency signals activated. “To do our jobs, we must work in close proximity to traffic,” McCall said in prepared statement. “The ‘move over’ law provides all first responders and emergency workers the clearance they need to work safely.” Alabama Trucking Association officials recommend covering the law to remind drivers to always attempt to move over when passing by law enforcement officers working accidents or traffic violations. “I notice commercial drivers are pretty good about getting over or at least slowing down, so our industry seems to be way out front on the issue,” said Association spokesman Ford Boswell. “It’s a probably not a bad idea to review the law with drivers from time to time. Law enforcement officers are pretty vulnerable at these stops, and all drivers should provide them plenty of space to do their jobs.”
National ATA asks federal court to review HOS final rule The American Trucking Associations filed a petition with the U.S. Circuit Court of Appeals for the District of Columbia on February 14, asking the court to review the Federal Motor Carrier Safety Administration’s recently published final rule changing the hours-of-service regulations for commercial truck drivers. “We regret that FMCSA and the Obama administration have put ATA and its member companies in a position to take this legal action,” said ATA President and CEO Bill Graves. “The rules that have been in place since 2004 have contributed to unprecedented improvement in highway safety. The law is clear about what steps FMCSA must undertake to change the rules, and we cannot allow this rulemaking, which was fueled by changed assumptions and analyses that do not meet the required legal standards.” According to National ATA, FMCSA’s own analyses show that even when they overstate the safety benefits of these
changes, the costs created by their rule still outweigh those benefits. “We need this issue to be resolved in a credible manner, taking into account the undisputed crash reduction since 2004, so we can focus limited government and industry resources on safety initiatives that will have a far greater impact on highway safety,” Graves said. ATA officials pledged to continue to work with FMCSA to implement rules and programs that are based on sound research, and that will have a meaningful, demonstrated impact on highway safety. As such, ATA will support FMCSA’s move toward mandated electronic on-board recorders to ensure greater compliance with the current, effective HOS rules, and to facilitate better enforcement of those effective rules. Since operating speed and “traveling too fast for conditions” in particular is, according to FMCSA’s own data, a far greater highway safety concern than fatigue, ATA supports a new government requirement for large trucks to be electronically speed limited; a return to a national maximum speed limit of 65 mph for all vehicles to avoid safety consequences of car-truck speed differentials; and greater deployment of automated speed and traffic enforcement technologies. ATA said it will also continue to push for greater deployment of active safety technologies to change specific, unsafe driver behaviors and aid specific crash avoidance responses; as well as industry and government programs to address distracted and inattentive driving since that unsafe behavior is at or near the top of the list of crash causes for both commercial and non-commercial drivers. “Improving highway and truck safety is about understanding the behaviors and events that precipitate crashes and about implementing programs and countermeasures that truly address those causes. We trust FMCSA will be a partner with ATA in implementing meaningful countermeasures aimed at the biggest causes of crashes.” said ATA Chairman, Dan England, chairman of C.R. England, Inc., Salt Lake City.
FMCSA updates SMS to include cell phone ban The Federal Motor Carrier Safety Administration (FMCSA) has enhanced its Safety Measurement System (SMS) Methodology to include violations based on the recent cell phone use regulations and more detailed breakouts on existing
Summary of HOS Rules In late December, the U.S. Department of Transportation issued its Commercial Driver Hours-of-Service Final Rule, keeping daily driving limits intact at 11 hours, but significantly trimming the amount of time they can work within a week. The chart below compares the new rules to the older ones.
brake, wheel, and coupling regulations. FMCSA has added five texting and cell phone use violations in its Unsafe Driving Behavior Analysis and Safety Improvement Category (BASIC) – refer to 177.804 (b), 49 CFR 392.80 and 49 CFR 392.82 for descriptions and violation severity weights. The violations reflect FMCSA’s decision to ban commercial drivers from using mobile telephones while driving, which includes a ban on texting. Meanwhile, the SMS update also includes a breakout of six current vehicle maintenance violations into 22 segments that provide more descriptive and detailed information about compliance with existing brake, wheel, and coupling regulations. According to FMCSA officials, this change ensures that SMS remains aligned with improvements recently made to road-
side data collection systems. Those improvements are the results of a joint FMCSA and Commercial Vehicle Safety Alliance effort to increase data uniformity through improved processes and tools. This change will help to clarify who the responsible party is for the violations, either the motor carrier or the Intermodal Equipment Provider. Motor carriers can check their safety assessment now at http://ai.fmcsa.dot.gov/sms To login into the SMS Web site, you will need an FMCSA-issued U.S. DOT Number; personal identification number (PIN). If you do not know or have forgotten your PIN, you can request one via http://safer.fmcsa.dot.gov/ and select ‘Click here to request your Docket Number PIN and/or USDOT Number PIN.’ Be sure to request a U.S. DOT Number PIN, not a Docket Number PIN. 5
DPS officials recommend the best way for Alabama’s more than 175,000 commercial drivers to protect their driving privileges and avoid costly downtime is to ensure that DPS has a current mailing address for the CDL holder.
News New medical certificate requirement now in effect As of Jan. 30, 2012, the Alabama Department of Public Safety’s Driver License Div., in accordance with new federal guidelines, is requiring new applicants for commercial truck and bus driver licenses to submit a photocopy of their medical certificate. This change also affects current CDL holders wanting to renew, transfer or change class or endorsement. According to DPS officials, current CDL holders must submit a photocopy of their medical card to DPS either in person, by fax or by mail to continue holding a commercial driver license. The final deadline to provide medical certificates is Jan. 30, 2014. This requirement is part of federal safety standards aimed at ensuring that all CDL holders are medically fit to operate a commercial vehicle. It is important to note, however, that driver physical requirements are not changing. These regulations also require drivers to certify the type of driving they do or might do in the future and whether it is interstate or intrastate commerce. Drivers with a CDL that expires before January 30, 2014, must submit a copy of their medical certificate when they renew their license. On the expiration date of their medical card, if a updated one has not been received by DPS, a driver’s medical status will become decertified. The driver’s CDL is still good at this time, but they are not medically certified to operate a CMV. Further, if the new medical card is not received after 45 days, the CDL is then canceled. Meanwhile, CDL holders whose commercial license expires after January 30, 2014, will receive a request from DPS to submit a copy of their medical card and certify their driving type. If a driver does not comply with that request, DPS will send a CDL cancellation notice that is effective 30 days later. When a driver’s medical card expires, the driver must submit a copy of his or her new medical card. DPS will send the driver a CDL cancellation notice if a medical card submitted to DPS expires before receipt of a new medical card. The driver can stop a cancellation from going into effect by submitting a copy of the renewed card to DPS. 6
Frequently Asked Questions Q. What must I do to comply with the new requirements for making my medical certification part of my CDL driving record? A. Starting on January 30, 2012, when you: Apply for a CDL; Renew a CDL; Apply for a higher class of CDL; Apply for a new endorsement on a CDL; Transfer a CDL from another State, You will be required to self-certify to a single type of commercial operation on your driver license application form. Based on that self-certification, you may be required to provide the Alabama Department of Public Safety (DPS) with a current medical examiner’s certificate and if applicable, provide any variance (waiver) you may have along with the medical certification card. Q. What if I am an existing CDL holder who does not have a license renewal, upgrade or transfer between Jan. 30, 2012 and Jan. 30, 2014? A. You are responsible for providing DPS with your self-certification of operating status by January 30, 2014. If it is required for you class, you must also provide your current medical examiner’s certificate and if applicable any variance (waiver) document by January 30, 2014. DPS is already collecting this information now on any CDL holder.
recorded on your driving record and will become the valid version of your medical certification (card). Q. What if I do not provide the Alabama Department of Public Safety with my self-certification and if required, my medical examiner’s certificate (card) and any required variance (waiver) document by January 30, 2014? A. DPS will notify you that you are no longer medically certified to operate a CMV, after 45 days of that notice, if the required information has not been received then all the CDL privileges will be removed from your license. Q. What should I do when my medical certificate (card) and/or variance (waiver) is about to expire? A. You must have a new medical examination and obtain a new medical certificate. You must then provide the DPS the new medical examiner’s certificate (card). You are also responsible for applying to FMCSA for a renewal of your variance (waiver) if applicable. Q. What happens if my medical examiner’s certificate or variance expires before I provide the Alabama Department of Public Safety with a new one? A. Alabama DPS will notify you that you are no longer medically certified to operate a CMV in non-excepted Interstate commerce. If a current medical examiners certificate and if applicable the variance (waiver) is not received within 45 days all your CDL privileges will be removed from your license. Q. How can I get back my CDL privileges? A. If the medical examiner’s certificate has expired, you must obtain a new one and provide it to the DPS, and if applicable, if the variance has expired, you must renew it with FMCSA and provide it along with your medical certification to DPS. NOTE: Re-examination will be required if your Alabama CDL has expired over three years.
Q. After I provide the Alabama Department of Public Safety with my unexpired medical examiner’s certificate, do I still have to carry an original or copy of my medical examiner’s certificate? A. Yes, until the program is fully implemented on January 30, 2014, you will still have to carry an original or copy of the medical examiner’s certificate and provide a copy to your employer for your driver qualification file. After the 2014 date if a driver has a variance (waiver) this must always be in the drivers possession when operating a commercial vehicle.
Q. What if I change the type of operation I perform? A. You can change your self-certification status at www.dps.alabama.gov. Go to QUICK LINKS, then CDL SELF CERTIFICATION, complete the form and hit submit.
Q. What should I (as a driver) do with the medical examiner’s certificate beginning on January 30, 2014? A. After a driver provides DPS and employer with the medical examiner’s certificate (card), the medical examiner’s certificate (card) will only be valid to present to law enforcement for the first 15 days after it was issued, after that time the information will be accessed by law enforcement via CDLIS. Your medical examiner’s certification information will be
Mail or fax the photocopied medical card/certificate and a self-certification affidavit form no later than 10 days prior to renewing your commercial driver license to: Alabama Department of Public Safety Driver License Div. CDL Unit P.O. Box 1471 Montgomery, AL 36102-1471 Fax: 334-353-1980 For questions, please email cdlmedical merger@dps.alabama.gov.
June 1-2, 2012 Alabama Truck Driving Championships
Calendar Birmingham Chapter Chapter meetings begin at 6 p.m. and, with the exception of the Safety Awards and Christmas Party, are usually held at the Bessemer Civic Center in Bessemer, Ala. Registration to attend meetings is required. Call Brandie Norcross at 334-8343983 to reserve your spot at least a week in advance. March 26, 2012 Fleet Safety Awards (Pelham Civic Center) April 12, 2012 Tuscaloosa Roadside Insp ection May 14, 2012 Policy Manual Building
June 5, 2012 Road Check 2012 Heflin, Ala. Aug. 7-11, 2012 National Truck Driving Championships Aug. 13, 2012 PSP/Data Q Sept. 12, 2012 Audit Role Play Oct. 18, 2012 Clanton Roadside Inspection Nov. 12, 2012 Regulatory Update Dec. 10, 2012 Christmas Celebration (Pelham Civic Center) Jan. 14, 2013 Driver Wellness/Agility Feb. 11 , 2013 Electronic Recordkeeping
Wiregrass Chapter Chapter meetings begin at 3 p.m. and are usually held at the Association Headquarters in Montgomery, Ala. Registration to attend meetings is required. Call Brandie Norcross at 334834-3983 to reserve your spot at least a week in advance. Feb. 15, 2012 Accident Reconstruction March 26, 2012 Fleet Safety Awards April 19, 2012 Ozark Roadside Inspection May (TBA) Wire grass SMMC Golf Tournament June 1-2, 2012 Alabama Truck Driving Championships (Bessemer Civic Center) June 5, 2012 Road Check 2012 Heflin, Ala.
Aug. 7–11, 2012 National Truck Driving Championships Aug. 16, 2012 Accident Response September No Meeting October (TBA) Ozark Roadside Inspection Nov. 15, 2012 Audit Role Play Dec. 10, 2012 Christmas Party & Celebration (Bessemer Civic Center) Jan. 17, 2013 DOT Updat e Feb. 14, 2013 PSP/DataQ Gulf Coast Chapter This growing chapter meets quarterly. For more info; contact Randy Watson at randyw@evergreentrans.com
Visit Our Website @ www.alabamatrucking.org
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