CVSA Guardian 2nd Quarter 2013 by CVSA

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:13 AM Page C1

GUARDIAN A Publication of the Commercial Vehicle Safety Alliance

Volume 20, Issue 2 2nd Quarter 2013

DRIVEN BY TECHNOLOGY: The Changing Face of Roadside Inspections

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:06 AM Page C2

gUARDIAn Second Quarter Volume 20, Issue 2 www.cvsa.org

IN THIS ISSUE n Insight

President’s Message ................................................................................1 Executive Director’s Message................................................................2 Letters to the Editor ................................................................................3 Knowledge Matters Updated Results Released for FMCSA’s Intervention Model ........3 Europe Holds Weigh-In-Motion Workshop for Enforcement ......4

n Cover Story

Driven by Technology: The Changing Face of Roadside Inspections ..........................................................................6 Learn to Read DataQs—Real-World Tips for Correcting Problems in Your CSA Scores........................................8

n government news

Ask the Administrator ..........................................................................10 Summary of Hours-of-Service (HOS) Regulations as of July 2013 ................................................................................................11 FMCSA Safety Programs Depend on Complete, Timely and Accurate Safety Data ..........................................................................12 FMCSA Announces Release of Improved NCCDB for Passenger Carrier Complaints ..........................................................12 Technology Brief—FMCSA Expects Enforcement Gains Through Wireless Roadside Inspection Program.........................13 High Success Rate in Validating a Driver’s DOT Card (aka Medical Examiner Certificate) .................................................13 Determining Responsibility for Safety During Inspections on Leased Vehicles and Inactive Motor Carriers ........................14 NTC Recertifies Instructors in New NAS and PVI Course Material and Methodology..........................................15 Mexico Advancing on Its Mexican Official Standard NOM-068-SCT-2-2012 ........................................................................15 State Partnerships—A Force Multiplier for Household Goods Enforcement ......................................................16 PHMSA Revises Registration Fees .....................................................16 FMCSA Announces Motor Carrier Safety Advisory Committee Appointments.................................................................17 NTSB Most Wanted List Highlights Commercial Motor Vehicle Safety .........................................................................18 The Legislative & Regulatory Rundown ...........................................20

n CSA news

ATRI Research—Mixed Results for CSA’s Relationship to Crash Risk ........................................................................................21 FMCSA Needs Industry Support to Fix CSA ....................................22

n Inspector’s Corner

The Ups and Downs of Dealing with HazMat ................................23

n CVSA Committee & Program news

CVSA Workshop in Louisville: An Overview....................................24 MCSAP Awards........................................................................................25 CVSA Webinar Schedule ......................................................................25 Brake Safety Week 2013 Set for September 8-14 ..........................26 CVSA Participates in Lifesavers Conference......................................26 CVSA Gets Media Attention for Teens & Trucks Initiative on Distracted Driving ........................................................................27 Michael Irwin Joins CVSA Staﬀ............................................................27

n Regional news

Pennsylvania Inspects Refrigerated Trucks ....................................28 New Policies and Initiatives to Improve Safe Transportation in Puerto Rico ......................................................................................29

GUARDIAN

GUARDIAN A Publication of the Commercial Vehicle Safety Alliance

West Virginia Transportation Oﬃcer Receives National Training Award ....................................................................................29 Iowa Partners with Truckers Against Traﬃcking ............................30 Iowa Launches Operation Safe Commute ......................................30 New Mexico Holds Motor Transportation Police Enforcement Operation ....................................................................30 Canada Awards QEII Diamond Jubilee Medals................................31 Local Enforcement ................................................................................32 Regional Rap............................................................................................33 n From the Driver's Seat

Distracted Driving Tops My List of Safety Issues ..........................34

n Safety Innovators

Hot Trucks: An Inside Look at Indiana’s New Food Safety Law ....35

n RAD Inspection news

Senators Release Discussion Draft of Comprehensive Nuclear Waste Legislation ................................................................38 The Department of Energy Rolls Out New Packaging for WIPP Shipments..................................................................................39 Level VI 2013 Class Schedule..............................................................40 Level VI Inspections at a Glance........................................................40 Nearly 3,000 Emergency Responders Receive EM Training......40 Updated Level VI Train the Trainer Course a Success ..................41 Level VI National Instructor Team Welcomes New Member ......41 Snapshots from the New Braintree, MA Class ................................41

gUARDIAn 6303 Ivy Lane • Suite 310 • Greenbelt, MD 20770-6319 Phone: 301-830-6143 • Fax: 301-830-6144 Guardian is published quarterly by the Commercial Vehicle Safety Alliance with support from the Federal Motor Carrier Safety Administration. CVSA and FMCSA are dedicated to government and industry working together to promote commercial vehicle safety on North American highways. CVSA Staff: Stephen A. Keppler, Executive Director • Collin B. Mooney, CAE, Deputy Executive Director • Carlisle Smith, Director, Hazardous Materials Programs • Adrienne Gildea, Director, Policy & Government Affairs • William P. Schaefer, Director, Vehicle Programs • Michael T. Irwin, CDS, CDT, Director, Driver & Training Programs • Lisa Claydon, Director, Communications & Marketing • Iris R. Leonard, Manager, Member & Program Services • Edgar M. Martinez, Member Services • Claudia V. McNatt, Manager, Meetings & Events • J. Craig Defibaugh, Controller • Wanica L. Foreman, Administrative Assistant Copyright 2013, CVSA. All rights reserved. No part of this issue may be reproduced without written permission from the publisher. For comments, suggestions or information, please email communications@cvsa.org. Commercial Vehicle Safety Alliance

@cvsa

Commercial Vehicle Safety Alliance

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/27/13 11:41 AM Page 1

INSIGH T

PRESIDENT’S MESSAGE Are You Willing to Be Uncomfortable? By Major Mark Savage, Colorado State Patrol

“The strength of our Alliance is in the collaborative dialogue we foster for helping to create positive change for commercial vehicle safety.” A number of you reading this article were at the recent CVSA Workshop in Louisville, Kentucky. We had an excellent meeting and by all accounts it was a success. I appreciate all of you who had the opportunity to attend. If you have not had the chance to attend one of our events, I strongly encourage you to do so. The strength of our Alliance is in the collaborative dialogue we foster for helping to create positive change for commercial vehicle safety. This brings me to the subject of this quarter’s article—evolutionary thinking. Those of you who were at the meeting witnessed a speech given by Mr. Phil Byrd of Bulldog Express. About two months before the conference, I invited the Associate Advisory Chair to ask one of his members to offer a view from the industry at our meeting. I did not offer any suggestions on what to say in the remarks to the Alliance other than to provide an industry perspective on what the Alliance should be considering in our deliberations. The primary topic Mr. Byrd chose to focus on was traffic enforcement. After his remarks, I heard mixed reactions from the membership. Some of you told me that it was a great idea to hear a different viewpoint from the industry we regulate. Some expressed concern about the message and whether it was the appropriate venue. On the Associate Member side, I heard similar mixed messages—some good, some not so good. A few have said it was a missed opportunity as they wished other things could have been discussed. I wanted to write about this because, while I thought the message was not necessarily something we all completely agreed with, we don't have to agree and that is exactly the point. The value and the broader objective are in the conversation and dialogue that occurred both during and after that morning. One of the

successes of this organization, since its inception, has been our willingness to sometimes be uncomfortable. Being uncomfortable often times makes us think about how we are approaching our work and reflect on what is really important. It helps us to constantly evolve our thinking to make sure we are focused on the right things for the right reasons. In regard to traffic enforcement activity specifically, I would argue it has a positive impact on crash reduction as a critical component of our program in Colorado. In fact, I would argue that it might just be the most effective tool we have in our arsenal. I know this from personal experience when, as a trooper, I spent the great majority of my time initiating inspections with an observed traffic violation. I also stopped a large number of smaller vehicles operating unsafely around trucks. This was intuitive to me, given that the top three causes of CMV crashes in my area were following too closely, unsafe lane changes and speeding. With the goal of reducing crashes, it did not take long for me to understand that I needed to focus on these unsafe driving behaviors. However, the most successful commercial vehicle safety programs are comprehensive in scope and must have a robust roadside inspection component as well. In our state, as many others, there are sometimes simply no safe areas to conduct inspections and a pre-determined location is quite effective. Furthermore, regardless of how an inspection is started, we must not forget the value of the inspection itself. By completing the inspection in addition to a traffic stop, we are further increasing our effectiveness as safety professionals. As a program manager or individual inspector, you need to analyze the data and identify what enforcement tool is the most effective and efficient in your area.

Determine what that is and implement it. I hope that the conversation has influenced each of you to reflect on your programs to evaluate whether you have the right mix and balance of strategies in your toolbox. More specifically, in relation to Mr. Byrd's speech, I hope you took his message as being informative or thought-provoking rather than divisive. For those of you who have been around a few years, you may recall several years ago when Annette Sandberg, the FMCSA Administrator at the time, stood at the podium at one of our conferences and presented the infamous “map.” It was a color-coded map of green, yellow and red that FMCSA had devised to measure the states on data quality. That was another one of those uncomfortable moments for the membership and, at the time, was not well-received. However, in the years since, it has caused all of us to focus more of our energies on data quality, which has had profound impacts on all of our programs and, ultimately, improved commercial vehicle safety. It was one of those defining moments in the CVSA history timeline we can point to that has helped to evolve our thinking. I hope that, in a few years, when we look back on the conversation we are now having that we can say the same in this case. If not, that’s okay, too, but our progress towards our goals will always be limited if we don’t force ourselves to be uncomfortable once in a while. So, whether you are a program manager, inspector, grant manager or any other stakeholder in our critical traffic safety efforts, I encourage you to challenge yourself, review and analyze the data and apply the most effective tools you have in your tool box. The lives of those we work hard to protect may very well depend on it! n

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:06 AM Page 2

INSIGH T

EXECUTIVE DIRECTOR’S MESSAGE lead and Succeed By Stephen A. Keppler, CVSA, Executive Director

“I encourage you to share your ideas and suggestions for what your Alliance can do for you and those you work with to help build their capacity for leadership in the future.”

I have used some real estate in the Guardian over the last few years talking about the importance of member engagement and involvement, so I am not going to spend time rehashing it in this issue. However, what I do want to talk about are a few of the beneﬁts and examples of what can come of being active in the Alliance, as well as what we are doing to help this along. One of our President’s three pillars of action this year is leadership development. What we have seen over the last several years are a number of members leaving the organization due to either retirement or promotion. Certainly, we are happy for them, as they have worked hard to have the opportunity to be in those positions. However, these circumstances often result in a vacuum of knowledge and expertise. We are working on several things this year to help curtail the knowledge gap and also address the leadership development issue.

1 2 3

GUARDIAN

First, we have developed a CVSA Leadership Handbook. This document provides some guidance to those who have recently been selected for a leadership position within the Alliance or are considering one. Check out this new resource online at www.cvsa.org/leadership. Second, we have delivered several “how to get the most out of your membership” webinars to help people understand how to become active and engaged, and also to preview our meetings before they attend. Third, we are evolving our information distribution strategies, both in print and digital, to provide for enhanced opportunities for members to interact with each other and to keep them informed of Alliance activities and on current events within our industry. We have made some changes to Guardian to hopefully make it more knowledge-based. We also have ramped up our social media activities, started bi-weekly legislative and regulatory updates, and enhanced our monthly e-newsletter—Safety Exchange.

4 5

Fourth, in August we are hosting a training webinar for the Executive Committee Members, and conducting a training webinar for the Region, Committee and Program leadership teams as well. Fifth, the Training Committee has commenced work on a leadership development training plan for members of the Alliance.

As we work and build upon these activities, I encourage you to share your ideas and suggestions for what your Alliance can do for you and those you work with to help build their capacity for leadership in the future. As I look across the membership, I see a number of examples of members who have excelled at their craft, and they are reaping rewards both on a personal and professional level. The most recent example is that of our current president, Major Mark Savage. He was just appointed to serve on the National Freight Advisory Committee. This prestigious group of 47 individuals will provide advice and recommendations to the U.S. Department of Transportation for improving the U.S. freight transportation system, and will also provide input to the national freight policy and the National Freight Strategic Plan. There are many other examples of members who have served in CVSA leadership positions who have promoted within their organizations or to another one, been recognized by CVSA or external organizations for their excellence. In fact, CVSA has several members and associate members who currently serve on FMCSA’s Motor Carrier Safety Advisory Committee. I have talked with so many of you who are genuinely fulﬁlled by your participation and contributions to this Alliance, as you truly believe we are making a real impact on the lives of everyday people. Clearly, if you want to excel as a commercial vehicle safety professional, your opportunity to do so is greatly enhanced by being engaged and involved in CVSA. n

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 3

INSIGH T

LETTERS TO THE EDITOR

KNOWLEDGE MATTERS

Reality Check

Updated Results Released for FMCSA’s Intervention Model

By oﬃcer Alexis Crockett, Garland, Texas Police Department When you are engaging in your daily commercial vehicle enforcement activities, how do you decide on which vehicles to stop for an inspection? Do you look for (a) trucks that are obviously unkempt, (b) the lesser known companies, (c) trucks with obvious violations that are almost poking you in the eye, or (d) those companies with reputations of trying to skate by on a thread and needle? By looking only at these types of vehicles, you may be limiting your enforcement activities. If you’ve been in this line of work for any amount of time, at one point or another you have concentrated your eﬀorts on the above types of vehicles. Why do we concentrate on these types? Probably because we believe, or think that these are the most dangerous types on the roadway, but that is not always the case. We (myself included) as inspectors sometimes get a false sense that the larger trucking companies’ vehicles, and their drivers are always in compliance with state, local and federal regulations. Case in point, I recently spent a day stopping and inspecting the types of vehicle mentioned previously. On the last stop of the day I decided to inspect a vehicle from a large national chain. As I made my way toward the rear of the trailer to check its brake lamps, I had the driver to depress the brakes. When the driver did so, I heard a loud thud and clanging noise coming from underneath the trailer. When I looked under the trailer I observed three of the four brakes had no slack adjusters on them. The following conversation then took place: Me: “Did you know you have three of four slack adjusters missing, meaning the trailer has no brakes?” Driver: “I just get in, hook up and drive.” Well, as you can probably guess, the contact went downhill from there. Sometimes, it takes something or someone to bring us back into the reality that we are involved in commercial vehicle enforcement to ensure all vehicles and their drivers, not just some, but all, are in compliance with federal, state and local regulations. If we limit our enforcement activities, we are doing a disservice to ourselves, our profession, our community, and to the transportation industry. Be vigilante and stay safe out there. n

In April, FMCSA released the latest report for its Intervention Model: FMCSA Safety Program Effectiveness Measurement: Intervention Model Fiscal Year 2009. The goal of FMCSA’s Intervention Model is to measure the effectiveness of roadside inspections and traffic enforcements in terms of crashes avoided, injuries avoided and lives saved. The model is based on the premise that interventions resulting in the correction of vehicle and driver violations, specifically roadside inspections and traffic enforcements, contribute to a reduction in crashes. The model associates each violation of the Federal Motor Carrier Safety Regulations and Federal Hazardous Materials Regulations with a specific crash probability. By summing the crash risk probabilities for all violations corrected over all inspections, the model estimates the number of crashes avoided as a result of the Roadside Inspection and Traffic Enforcement Programs. The data used for the report is extracted from the MCMIS database, which contains roadside inspection information compiled from federal and state safety agencies, including violations (if any) cited during interventions. While inspections are not required to have violations associated with them, in practice, about two-thirds of all interventions do find one or more violations. The violation data are the key component in the model, as they represent the defects identified and subsequently corrected as a result of the two programs. In 2009, 2,781,297 roadside inspections and 730,916 traffic enforcements were conducted. Together, it is estimated that in FY 2009, these interventions saved approximately 570 lives and prevented 10,800 injuries by averting almost 17,000 crashes. The table below shows the estimated benefits of the two programs over a three-year period. The complete FMCSA Safety Program effectiveness Measurement: Intervention Model Fiscal year 2009 report and a two-page analysis brief are available at http://www.fmcsa.dot.gov/facts-research/artpublic-reports.aspx. n

Program eﬀectiveness Fy 2007–09 Using Intervention Model 3.0 Updated Results Released for FMCSA’s Intervention Model estimated Intervention beneﬁts

“Did you know you have three of four slack adjusters missing...."

Crashes Avoided Due to Roadside Inspections Crashes Avoided Due to Traffic Enforcements Total Crashes Avoided Injuries Avoided Due to Roadside Inspections Injuries Avoided Due to Traffic Enforcements Total Injuries Avoided Lives Saved Due to Roadside Inspections Lives Saved Due to Traffic Enforcements Total lives Saved

Fy 2007

Fy 2008

Fy 2009

8,101

8,464

8,149

8,769

9,053

8,789

16,870

17,517

16,939

5,222

5,381

5,206

5,652

5,755

5,615

10,874

11,136

10,821

307

304

276

332

325

297

639

629

573

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 4

INSIGH T

KNOWLEDGE MATTERS europe holds Weigh-In-Motion Workshop for enforcement On February 27, in Brussels, Belgium, the Euro Contrôle Route and International Society for Weigh-In-Motion held a workshop to exchange information on the latest developments in the ﬁelds of Enforcement of Heavy Goods Vehicles and Weigh-In-Motion technology between European experts in both ﬁelds, and to try to develop a common vision for the future on how WIM technology can be used for enforcement of heavy goods vehicles in Europe. Participants included: Weigh-In-Motion—ISWIM specialists/researchers and vendors; Enforcement: ECR, TISPOL members; and EUCommission: DG Mobility and Transport.

notes from the Workshop eU Directive 96/53/eC Philippe Hamet (EC) gave an update on the new EU-directive on weights and dimensions for road transport. The adoption of the Commission proposal for the new directive is expected by April this year. It will then go through rounds of discussion in the EU Parliament-Commission. The adoption by the three entities is expected in 2014-2015. The goal of the directive is to increase the effectiveness of the European road transport and to reduce the fuel consumption and CO2 and greenhouse gas emissions. The new directive will allow for a limited additional length (flaps and tractor shape) in order to improve aerodynamics, and will allow a few more centimeters to accommodate the 45-foot containers on semi-trailer in multi-modal transport. An additional weight of 1 is expected for 2-axle coaches and electrical or hybrid vehicles. However, it does not allow for an increase of the payload. The proposal also aims at improving the enforcement of offences, as there are currently no provisions on ths topic in the 96/53. It envisages different possibilities for enforcement, including: 1) using WIM stations for pre-selection and company profiling and 2) using on-board weighing equipment communicating with road side enforcement officers. There might be in the future an opportunity for a combination of the on-board weighing equipment with the digital tachograph and a DSRC equipment for vehicle identification. The new directive also proposes a definition of classes of infringements and of the related penalties and a shared responsibility for overloading between shipper and hauler.

GUARDIAN

Developments in Weigh-in-Motion Hans van Loo (ISWIM) gave an overview of the developments in WIM technology, the applications for enforcement and a few examples of National projects in France, The Netherlands and Czech Republic. In conclusion, he gave the main needs for the future: 1) the technical development of more reliable sensors, the development of an EU standard for WIM (incl. data format and data quality), the development of multiple purpose systems, the introduction of new ways of enforcement (e.g. company profiling) and the development of a EU standard and procedures for direct enforcement. Philippe Hamet indicated that the EC is interested in the development of a standard for international data exchange and that an expert group will be started to develop this standard. Tomas Pospisek explained that the WIM systems for direct enforcement in the Czech Republic are operational, but are not yet used for direct enforcement because of political discussions. Victor Dolcemascolo (DGITM, French Ministry of Transports) presented an update on a new project in France, to be carried out by IFSTTAR to develop a High Speed WIM system and procedures for direct enforcement. He invited the WIM-vendors to participate to this project. Developments in enforcement of heavy goods Vehicles Ad Hellemons (TISPOL) reported the main needs of the enforcement community: 1) more WIM technology for enforcement because of reduced budgets and staff, and 2) a harmonised and international cross-border enforcement. He mentioned various reasons why the implementation of enforcement technology in the EU is not successful. Among others, the lack of political will to achieve harmonisation is crucial since it results in regulations with many exceptions allowing the member states to stick to their national legislation and procedures. He advocated a top-down approach to the right political and legal conditions first and then to the implementation of the WIM technology. Bernard Jacob suggested combining top-down and bottom-up approaches, which was agreed to by the participants.

Discussion After lunch, the participants were divided into four separate working groups, all including end users, scientists and WIM-vendors to stimulate the discussion and the exchange of experiences. Each group had to address the following questions: 1. What development in the field of WIM and enforcement is most needed? 2. Describe the current situation, including the main limitations/problems. 3. Describe the ideal future situation as an objective to be reached. 4. What are the first steps necessary to start the required development and who needs to take the initiative? Here are summaries of each group’s discussion: Group A—Gerard Schipper The main arguments in the group A were underlining the importance of international cooperation between vendors, scientists and endusers. The words standardisation, harmonisation, normalisation and homologation were key in the discussions. It became quite clear that a majority of end-users believe that “direct enforcement” is the ideal situation at the short term, while the relevance of multiple purpose WIM systems is seen as a mid- and long-term requirement of the end-users. The vendors emphasised that standardisation, harmonisation and normalisation in Europe will have a positive effect on the system prices. “European standardization of WIM will make that the numbers of purchased systems will go up, while the price will go down.” Better communication while showing results will have a positive effect on politicians and policy makers responsible for the procurement and deployment of WIM systems in particular and innovation in transport enforcement in general. Group B—Bernard Jacob The group underlined some issues with the registration technology, which is ready for use but not implemented because of a lack of legislation and political will. The data exchange is also an issue and mainly limits the enforcement to the National vehicles or companies. The staff reduction also refrains enforcement operations in most member

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 5

INSIGH T

states. Technology may be an answer but is difficult to implement. The Czech representative reported that the data quality/validity was the reason why the direct enforcement implementation was postponed. The lawyers try to invalidate the evidences in court. It was agreed that it is better to enforce 30 or 50% of the vehicles with 100% of confidence, than all the vehicles with 95 to 98% of confidence. This is the aim of the new French project. The North American representative underlined the lack of a certification process for the WIM systems and their installation. These systems are not “plug and play.” The systems shall identify by themselves the measurement out of the legal tolerances. The maintenance is also an issue. In The Netherlands and Hungary, the maintenance is paid within the road works, while enforcement reduces the pavement damage. In CZ, the vendors are responsible if the road is not suitable for WIM. In Brazil, a new programme now combines HS-WIM pre-selection, medium speed (40 to 60 km/h) sorting and LSWIM control. Most of the old systems are rebuilt using new technology. The challenge is to automate the systems. The Dutch and French governments implemented respectively networks of 20 and 30 video-WIM systems to make an accurate pre-selection and company profiling. In The Netherlands, WIM data are used for many other purposes than enforcement, and it is planned to use the statistics to deliver administrative fines to some non-compliant companies. P. Hamet declared that the ideal future situation would be harmonized legal weight limits in all the member states and neighbouring countries, and all the trucks equipped with on-board weighing systems delivering messages to the authorities if the vehicle is overloaded. However, the Directive does not plan any provisions for the maintenance (e.g. penalties), because of the subsidiarity principle. Some participants claimed an automated weight enforcement (such as for the speed enforcement), using the AVI technology, where the fines are sent directly to the companies. However the British representative said that VOSA was not prepared to spend too much money to defend the system in the court. In North America, there are several issues, e.g. safety, compatibility between different technologies, tire types detection, etc. For the communication between vehicles and road side systems, the DSRC/RFID technology seems to be fully adapted. Finally, the participants agreed that the development of effective weight enforcement by WIM requires

a strong political will, a bottom-up and topdown dialog, a reporting and publicity of the best practices and success stories (as in the NL) and technical and legal specs. The main challenge is the economy and fair competition. Visionaries are needed! Group C—Andy Lees (TDC) The common theme that came from subgroup C was standardisation, harmonisation and communication in a number of fields including classification and calibration. Whilst direct enforcement was considered to be an “ideal world” it was felt that as a result of the diversity in national legislations throughout Europe it was extremely unlikely to be ever enforceable in a number of countries. It was also felt that the success of WIM needs to be broadcasted more widely and bring awareness to politicians that WIM can have on the economic benefits to the community and the infrastructure at large. If this increase in positive publicity is successful then the WIM community as a whole can only benefit with the growth in the number of high-speed WIM sites being operated. Group D—Hans van Loo The main needs expressed in this group were to start with a EU standard for WIM systems, enforcement procedures and the cross border exchange of WIM/enforcement data; to develop a solid business case (cost/benefit analysis) for the investment in the enforcement of overloading (using WIM) to improve political awareness and support for both enforcers and WIM-vendors; and to be more active in showing the success stories in the use of WIM for the enforcement of overloading to politicians. Summary of the discussion Hans van Loo gave a summary of the main results of the discussion groups: 1. Technical issues, like the integration of WIM in multiple purpose systems, the combination of WIM with vehicle identification technologies issues. Both WIM vendors and enforcers expressed the need for users to be more active in the system development. 2. Harmonisation and Standards: this concerns WIM-technology in a standardized data format for data exchange, and enforcement procedures for pre-selection and controls, company inspections and finally EUregulations on weights and dimensions, infringement classes with corresponding fines. 3. Political awareness and support, the active advertisement of the success stories of the

use of WIM for enforcement and the development of a solid business case for the investment in the enforcement of overloading using WIM. On one side, the calculation of the costs of overloading (damages to the road infrastructure reduces traﬃc safety and unfair competition), and, on the other side, the cost of investing in enforcement and WIM. The question “Who will take the initiative for these issues?” could not be fully answered during this workshop. brazilian WIM enforcement Program Valter Tani and Gustavo Otto (UFSC) gave an overview of the architecture of the new network of weighing stations in Brazil. The overall architecture will consist of four levels: 1) measurement and signalling equipment; 2) roadside enforcement stations; 3) operations control centres; and 4) data processing by end-users (penalties, traﬃc data and freight information). The national plan of weighing according to this new concept will be launched in April this year. Conclusions and Closure of the Workshop Bernard Jacob thanked all participants for their interest, active participation and input in the workshop. Both enforcers and WIM-vendors have expressed the wish to continue this exchange of experience in the future. A followup of this workshop was agreed that: • a report and an evaluation of the workshop will be made available to all participants and on the websites of ECR and ISWIM; • based on the results of the discussions in the workshop, concrete follow-up activities will be formulated, e.g., an initiative for a new COST action. • all participants are encouraged to digest the outcome of today’s workshop and to share their thoughts and ideas for possible follow-up actions, e.g., on the ISWIM web forum on “Enforcement by WIM;” • a meeting will be organised in Autumn to discuss concrete next steps based on today’s workshop; • a workshop or an invited session (panel discussion) may be organised during the next TRA conference (April 14-17 2014) in Paris. n

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 6

CO V E R S T O R Y

Driven by Technology: The Changing Face of Roadside Inspections

By Capt. William "Jake" elovirta, Vermont Department of Motor Vehicles, Enforcement and Safety Division, and CVSA Information Systems Committee Chair

GUARDIAN

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/28/13 3:25 PM Page 7

CO V E R S T O R Y

Anyone involved with truck and bus safety nowadays is all too familiar with the Federal Motor Carrier Safety Administration’s (FMCSA)—Compliance, Safety, Accountability program, commonly referred to as CSA. CSA has many components that make up the process, but one of the most important aspects of CSA is the more than 3.5 million roadside inspections that are completed nationwide every year. The bulk of those roadside inspections of commercial motor vehicles (CMVs) are completed using FMCSA’s Aspen electronic inspection software application; however, the collection of roadside inspection data may soon be changing. Aspen inspections are generally uploaded to SAFER (Safety and Fitness Electronic Records) and to the state's SAFETYNET application. Here they are reviewed by management, authorized and uploaded to MCMIS (Motor Carrier Management Information Systems), which is the FMCSA national repository for CMV data. Aspen addresses a critical FMCSA need for inspection upload timeliness so the inspection data can be utilized in the CSA motor carrier Safety Measurement System (SMS). FMCSA uses the SMS methodology to prioritize enforcement resources, determine the safety and compliance problems that a motor carrier may exhibit, and track each motor carrier’s safety performance. For most roadside inspectors, paper inspection reports or Aspen inspection collection software has been the only way to collect data during roadside inspections, but over time, some states have developed their own home grown inspection programs; such as North Carolina, Texas and Iowa. The state-developed software programs collect all of the Aspen data fields, but also unique state-specific data elements. This spring, FMCSA was challenged to examine how inspectors electronically collect roadside inspection data—which is important to FMCSA’s ongoing CSA efforts. Technology surrounds us all day long, so it is no wonder that the collection of roadside inspection information is being identified by many states as a high priority area for change.

Discussions with FMCSA’s Federal IT Steering Group (FITSG) and CVSA’s Information System Committee identified four options for the changing face of roadside inspections: 1. Development of a new inspection software platform as a replacement for Aspen 2. Move roadside data collection efforts to a web-based environment 3. Utilize and leverage third-party software applications 4. Identify enhancements for the current Aspen inspection software Roadside inspections and the above listed options were discussed in the Information System Committee at Louisville, Kentucky this past April during the 2013 CVSA Workshop. Walter Wall, Director, Office of Information Technology with FMCSA, spoke about the four options being assessed by FMCSA. Options 1 and 2 are projects that will require time and research, whereas Options 3 and 4 provide the ability to expedite options to help states leverage increased data collection and improve data quality and uniformity. FMCSA announced at the 2013 CVSA Workshop that states would now be authorized to implement third-party roadside inspection applications. For many states, this provides the opportunity to have a roadside inspection platform that can interact with a state’s current Commercial Vehicle Information Exchange Window (CVIEW) system, as well as utilizing newer and less costly hardware like a tablet or iPad. FMCSA will require third-party vendors to work closely with the Volpe Center to certify that the inspection data transaction is being processed properly for submittal to FMCSA. For some states, third-party applications are currently not an option. As a result, the Information Systems Committee had additional discussions with FMCSA regarding new enhancements to Aspen that would help address those state’s short term needs for improving data collection with the goal of enhancing roadside inspection data quality and uniformity.

Helpful Resources CVSA Webinar: Understanding DataQs August 14, 2013 | 2:00-3:00 pm This one-hour program covers the “who, what, where, when and how” of the DataQ system, as well as best practices for filing a challenge. Stay tuned for more details. DataQs User Guide and Manual The DataQs User Guide and Manual is a practical guide for federal and state data quality practitioners. It describes standardized processes and techniques to address and resolve Requests for Data Reviews (RDRs) generated by commercial drivers, motor carriers, FMCSA and State agency users, and others, when submitted electronically to FMCSA’s DataQs website. The document is designed primarily to assist FMCSA and State agency DataQs practitioners by providing straightforward, uniform, consistent, and reliable procedures for reviewing and resolving data quality inquiries. The document delineates best practices, offers tips for implementing these practices, and references a comprehensive resource guide to facilitate data integrity and consistency. The complete guide is available at https://dataqs.fmcsa.dot.gov/Data/Guide/ DataQs_Users_Guide_and_Best_Practices_ Manual.pdf. DataQs Help Center This is the place to find fast answers to some of the most common questions people ask about DataQs, particularly questions concerning Requests for Data Review (RDRs) and Inspection Report Requests (IRRs): https://dataqs.fmcsa.dot.gov/HelpCenter/Help Center.aspx DataQs 2.0 Released DataQs has been enhanced to use new web technology and to better assist its users on correctly using the system and understanding other FMCSA systems. Learn more at https://dataqs.fmcsa.dot.gov/WhatsNew/

These discussions between FMCSA and CVSA are only beginning because technology is a driving force in our daily lives. How inspectors and states conduct roadside inspections will continue to be a vital element to the CSA process. Therefore, the continued focus of roadside inspection data collection eﬀorts is the key to maintaining programmatic integrity through quality data and uniformity. n

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 8

CO V E R S T O R Y

learn to Read DataQs—Real-World Tips for Correcting Problems in your CSA Scores By oliver Patton, Washington Editor, Truckinginfo.com

be Speciﬁc and Factual

DataQs, the online system for correcting CSA scoring, has the reputation of being cumbersome and unpredictable, but there’s a way for safety managers to get what they need from it. Call it the ABCs of DataQs. • Act quickly and consistently to fix incorrect information. • Be specific and factual when you present your case for the fix. • Contact the DataQs liaison in the states and establish a relationship. A trio of experts laid out these fundamentals in a recent DataQs webinar hosted by the Truckload Carriers Association. On hand were Ron Cordova, a retired New Mexico Motor Transportation Police officer; Allan Hicks, vice president of safety, compliance and human resources for B.R. Williams Trucking, and Steve Bryan, CEO of Vigillo, the CSA service provider.

Act Quickly Cordova and Hicks made the case for quick, consistent action to correct mistakes in CSA data. Cordova counseled safety managers to move on a mistake within a week—“So it’s fresh on the mind of the inspector and he can move quickly.” Hicks, providing the carrier perspective, said he reviews his company’s data every day. He goes to the Federal Motor Carrier Safety Administration’s Compass Portal, which with a single password and ID gives him access to a variety of federal truck safety databases, including DataQs. A quick survey of the carriers attending the webinar indicated that close to 60% check their roadside inspection reports every day, and more than 30% do it at least once a week. “It’s important that you get the process started as soon as possible,” Hicks said. If there are questions, he starts with the driver, and does not hesitate to call in his CSA service provider.

GUARDIAN

It is equally important that the request for a correction be factual and succinct. “Homework is key,” said Cordova. Be sure to look up the applicable federal regulation, he said. “Get the information from the regulations into the DataQs request to help the reviewer understand what the regulation says and what you are challenging.” And don’t be distracted by unrelated information. “Do not attempt to provide a long dissertation concerning a violation.” For example, if you are challenging a finding that the driver’s log is not current, explain exactly why the log was written the way it was, and why it is correct. It might help to have the driver photograph the log with his phone and email the photo so it can be part of the DataQs submission. And think of the process in a strategic way. When state officials see that a particular officer is repeatedly being challenged on the same issue, it gives them a data trail that can guide improvements. “You help us, we help you,” Cordova said. It helps, for example, to understand how an inspector works. Suppose a driver is cited for having a cut in a brake service line, and for inoperative pushrods in the brakes. It is normal for the inspector to flag the pushrods because they were not working, but clearly the cut line is the source of the problem. “It’s worth a (DataQs) challenge,” Cordova said, “because if the line were not cut the brakes would be operative.” Hicks said there’s an additional benefit from frequently checking your data through the Compass Portal: it gets your drivers’ attention when they realize you are keeping close tabs. The flip side is that this can help with driver retention, he said. Fixing a CSA error through DataQs tells the driver that the company is paying attention on his behalf. “It gives him a reason to stay,” he said. Plus, it gives the company feedback to improve training. One frequent DataQs complaint is that it’s difficult to get the CSA record corrected after a court has dismissed a citation. The problem arises, Cordova said, because of the disconnect between two different types of legal proceedings. The court action is criminal, while CSA and DataQs are administrative. It’s a tough situation for the carrier because many jurisdictions are reluctant to overturn a violation that a court has dismissed. It’s best to take the same approach

you take in a regular DataQs correction: be quick, speciﬁc, concise and factual.

Contact State oﬃcials Steve Bryan of Vigillo added the third fundamental: that while CSA is a federal program it is administered to some extent by 50 separate entities. Most people don’t look at DataQs as a state-speciﬁc system, but that’s what it is, Bryan said. Vigillo’s data shows that the companies that are most successful in their DataQs challenges are the ones that know how each state handles the citations. California, Kansas and Florida, for instance, are among those that often respond positively to DataQs challenges, while New Mexico, Missouri and Michigan are less responsive. At the same time, some states have a tendency to make the same kind of mistake, such as assigning the inspection to the wrong carrier. Oddly, the same state may be better at assigning a crash to the right carrier. In Bryan’s experience, the solution is to contact the state and get to know the people. From his customers he hears stories of two companies having completely opposite experiences in the same state. “Getting a personal relationship developed with state people is key,” he said. The best way to do that? Reach out to the Commercial Vehicle Safety Alliance, the enforcement-industry group that sets enforcement policy for North America, he said. Cordova suggested joining CVSA as an associate member, but said in any event the group’s website lists key state contacts. Hicks added that he’s had success going directly to the source. His company was getting an unusual number of citations at a particular roadside inspection station, so he went there, met the personnel to learn how they were working, and got the situation turned around. At the same time, it’s important not to waste energy where there’s little chance of success, Bryan said. If you fail to get a correction it makes sense to appeal if you have new information, but don’t pursue it just because it’s wrong. “At the end of the day, the better strategy may be to look for other CSA points you can reduce,” he said. n This article originally appeared in May on Truckinginfo.com, the website of Heavy Duty Trucking magazine and is reprinted here with permission.

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 9

2013 CVSA Annual

Conference & Exhibition

Make plans now for the most important annual gathering of the commercial motor vehicle safety community. September 16-18, 2013 Hyatt Regency Denver at Colorado Convention Center Denver, Colorado

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 10

GOV ER NMEN T NE W S

ASK THE ADMINISTRATOR each edition, Federal Motor Carrier Safety Administrator Anne S. Ferro takes time to answer your questions. In this issue, Administrator Ferro discusses enforcement activities to improve bus safety.

What more can be done by motor carrierdedicated officers to improve bus safety across the country? A: FMCSA is committed to improving motorcoach safety. To do this, we need your continued help. During a meeting in February with stakeholders, including industry, Secretary LaHood called for a national safety crackdown on high-risk passenger carriers. In fact, CVSA’s Executive Director Steve Keppler came to the meeting, showing support for our plans, which include dispatching elite investigation teams to target high-risk motorcoach companies. In late March, FMCSA investigators underwent specialized training to utilize unique investigative techniques aimed at operating schedules, equipment storage and driver qualifications. The first wave of a national safety sweep began in April. FMCSA’s safety personnel are coordinating with our state law enforcement partners to target bus companies and conduct vehicle inspections. In addition to these focused investigative activities, FMCSA is continuing to educate consumers and tour operators on the importance of researching the compliance and safety performance of a motorcoach company before hiring them. In our efforts to coordinate and collaborate, I ask enforcement personnel to go beyond the routine paper work. Look beyond the obvious—let your good judgment and instincts as law enforcement officers, inspectors and investigators guide you when making stops or conducting reviews or overseeing investigations.

how can we get more patrol officers to stop unsafe trucks and buses? A: Our in-depth look at bus safety is uncovering new safety concerns. FMCSA is reaching out to all law enforcement through the International Association of Chiefs of Police organization for assistance on stopping unsafe trucks and buses. One area where we are increasing state partner awareness is the possibility of passenger carrier operations using passenger vans. Recently, we discovered several vans transporting passengers for-hire in interstate commerce without any USDOT markings or registrations. Some of the vans were discovered to be improperly modified to accommodate additional passengers. In these cases, extra seats were added without including required safety belts and often blocking access to emergency exits. In at least one situation, the carrier had a folding chair on the bus. Unfortunately, this was only discovered after a fatal crash. We know of many stories of “run of the mill” traffic stops for failing to display a license plate or failing to stop for a posted stop sign resulting in major drug arrests. In one recent search in Missouri, patrol officers found a false compartment in the truck and trailer containing bundles of marijuana. Another routine traffic stop of a truck outside Las Vegas resulted in a drug trafficking arrest after officers found more than 450 pounds of cocaine. The driver was pulled over initially for driving erratically. The CVSA community understands that these cases happen more often than you would expect. The bottom line is this: we need all hands on deck to make that traffic stop when you see something potentially unsafe or suspicious. Highly visible traffic enforcement is a crucial component to saving lives and preventing truck and bus crashes.

GUARDIAN

If bus safety is such a critical issue, why has FMCSA issued polices limiting a state officer’s ability to conduct roadside inspections of buses? What should we be doing regarding en-route inspections of buses? A: Congress has prohibited en-route inspections of buses in most situations unless there is an imminent or obvious safety hazard. FMCSA’s policies are intended to provide guidance about this statutory prohibition with the purpose of ensuring that law enforcement is able to maximize its oversight of bus safety. FMCSA guidance has clarified that if buses are required to stop at ports of entry or other weigh stations, and there are facilities to safely accommodate the passengers, then en-route inspections may be conducted. The guidance has also clarified that conditions such as speeding, operating without authority, operating unmarked buses, and other conditions that present clear evidence the operation may be endangering the passengers would provide a basis for an en-route inspection. Again, our hope is that state law enforcement personnel will use this guidance to conduct aggressive safety oversight of the passenger carrying industry while respecting the Congressional prohibitions. So, what can you do? For starters, law enforcement can and should conduct traffic enforcement targeting unsafe commercial vehicles, including buses. When possible under FMCSA policy, document the contact with a Level I, II or III inspection as appropriate. Even if a roadside inspection can’t be done, carry through with traffic enforcement. We know that doing traffic enforcement improves safety and saves lives. I want to thank all of you for your outstanding service to our country. I personally appreciate all your hard work. n

have a question? Send it to AskFMCSA@dot.gov.

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 11

GOV ER NMEN T NE W S

SUMMARy oF hoURS-oF-SeRVICe (hoS) RegUlATIonS AS oF JUly 2013 Changes Compared to Current Rule PRoVISIon

CURRenT RUle

FInAl RUle- CoMPlIAnCe DATe JUly 1, 2013

Limitations on minimum “34-hour restarts”

None.

(1) Must include two periods from 1 a.m. to 5 a.m., home terminal time. (2) May only be used once per week, 168 hours, measured from the beginning of the previous restart.

Rest breaks

None except as limited by other rule provisions.

May drive only if 8 hours or less have passed since end of driver’s last oﬀ-duty or sleeper berth period of at least 30 minutes. [49 CFR 397.5 mandatory “in attendance” time for hazardous materials may be included in break if no other duties performed]

PRoVISIon On-duty time

CURRenT RUle Includes any time in CMV except sleeper berth.

FInAl RUle- CoMPlIAnCe DATe FebRUARy 27, 2012 Does not include any time resting in a parked vehicle (also applies to passenger-carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper berth.

Penalties

“Egregious” hours-of-service violations not speciﬁcally deﬁned.

Driving (or allowing a driver to drive) more than 3 hours beyond the driving-time limit may be considered an “egregious” violation and subject to the maximum civil penalties. Also applies to passengercarrying drivers.

Oilﬁeld exemption

“Waiting time” for certain drivers at oilfields (which is off-duty but does extend 14-hour duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping.

“Waiting time” for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in “remarks” or a separate line added to “grid.”

SUMMARy oF hoURS-oF-SeRVICe (hoS) FInAl RegUlATIonS The following table summarizes the hoS regulations for property-carrying and passenger-carrying CMV drivers. PRoPeRTy-CARRyIng CMV DRIVeRS (Valid as of July 1, 2013)

PASSengeR-CARRyIng CMV Drivers

11-hour Driving limit May drive a maximum of 11 hours after 10 consecutive hours oﬀ duty.

10-hour Driving limit May drive a maximum of 10 hours after 8 consecutive hours oﬀ duty.

14-hour limit May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours oﬀ duty. Oﬀ-duty time does not extend the 14-hour period.

15-hour on-Duty limit May not drive after having been on duty for 15 hours, following 8 consecutive hours oﬀ duty. Oﬀ-duty time is not included in the 15-hour period.

Rest breaks May drive only if 8 hours or less have passed since end of driver’s last oﬀduty or sleeper berth period of at least 30 minutes. [49 CFR 397.5 mandatory “in attendance” time may be included in break if no other duties performed]

60/70-hour on-Duty limit May not drive after 60/70 hours on duty in 7/8 consecutive days.

60/70-hour on-Duty limit May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours oﬀ duty. Must include two periods from 1 a.m. to 5 a.m. home terminal time, and may only be used once per week, or 168 hours, measured from the beginning of the previous restart. Sleeper berth Provision Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, oﬀ duty, or any combination of the two.

Sleeper berth Provision Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper berth time into two periods provided neither is less than 2 hours. For more information visit www.fmcsa.dot.gov/hos CMV drivers should always use safe driving practices – Scan this QR code with your smart phone when you are not driving to learn more about hours-of-service regulations.

Note: See 49 CFR 395.1 (h) for State of Alaska HOS Regulations. SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 12

GOV ER NMEN T NE W S

FMCSA Safety Programs Depend on Complete, Timely and Accurate Safety Data Raising the bar for safety, the Federal Motor Carrier Safety Administration (FMCSA) relies on its state and local enforcement partners—state troopers, local police oﬃcers, roadside inspectors and safety investigators—to record accurate and complete information during roadside inspections on large trucks and buses and during investigations of motor carriers. FMCSA uses this data in its safety enforcement and compliance programs. For example, in the Safety Measurement System (SMS), data from the nearly 3.5 million roadside inspections conducted by our state partners and 130,000 crashes reported by the states serve as the foundation of this major safety program and help FMCSA achieve its mission of preventing crashes. FMCSA takes data quality seriously and has worked closely with its state partners to put in place a continuous data quality improvement

program. Together, we have developed and implemented several eﬀective tools, including the State Safety Data Quality (SSDQ) evaluation tool. SSDQ evaluates the completeness, timeliness and accuracy of the state-reported crash and inspection records in the Motor Carrier Management Information System (MCMIS), which feeds SMS.

In addition, FMCSA has developed and continues to make improvements to DataQs, the system that allows motor carriers, drivers and the public to request reviews of safety data to ensure that it is accurate. In fact, FMCSA is working on a new and improved DataQs Website interface, as well as enhanced monitoring and tracking tools, which it expects to release in 2013.

States are rated on nine data quality measures and are given an overall rating of either “Good,” “Fair” or “Poor.” The SSDQ results are updated monthly. The regular reporting of results allows states to continually monitor the quality of their data. The results include information to help states understand how they can improve their performance measure rating. Thanks to the priority that FMCSA and its state partners place on data quality, the number of states with an overall rating of “Good” has increased from 40 to 45 over the past two years (http://ai.fmcsa.dot.gov/mapping/ssdq/).

Data quality plays a vital role in improving safety on our nation’s highways. When law enforcement aligns their data collection eﬀorts with FMCSA’s high standards for data quality, we are better positioned to identify unsafe motor carriers, vehicles and drivers, and prevent truck and bus crashes. We value our partnership with state enforcement professionals and remain committed to improving data quality nationwide, since it is clear to all of us that better data sharpens our focus and ability to tackle unsafe operators, thus, improving safety on our roads. n

FMCSA Announces Release of Improved nCCDb for Passenger Carrier Complaints By gregory nahmens, FMCSA, Transportation Specialist, Commercial Passenger Carrier Safety Division On December 12, 2012, the Federal Motor Carrier Safety Administration (FMCSA) announced a major improvement to its National Consumer Complaint Database (NCCDB). The NCCDB was revamped into a .Net framework, resulting in an enhanced user interface. Users are now greeted with user-friendly graphics providing intuitive complaint-filing options. Examples include capturing information about the complainant including if he/she is a driver, employee, industry representative or public passenger/motorist. A Frequently Asked Questions link is available throughout the filing experience. Photos, documents, and videos can also be uploaded and submitted with a complaint. Passenger carrier complaints can now easily be separated into six complaint types based upon the alleged violations: Americans with Disabilities Act compliance; Bus Safety; Bus Service; Hazardous Materials; Household Goods; and Truck Safety. The complaints are then mapped to specific regulations, allowing for effective search and report capabilities. The NCCDB and telephone hotline also continue to be available to file complaints regarding alleged safety violations of any commercial motor vehicle (CMV), motor carrier operations, CMV drivers, household goods (HHG) movers, hazardous materials transporters, and cargo tank facilities. While the December 2012 changes were limited to passenger carrier complaints, similar changes will be incorporated for these other programs. A link to the new NCCDB interface can be found at: http://nccdb.fmcsa.dot.gov/ There is also a direct link to the NCCDB through the SaferBus Mobile App, allowing consumers to file a complaint from a mobile device.

GUARDIAN

The SaferBus application was released March 20, 2012, as an available iPhone/iPad application, and the Android version of the SaferBus application was released on February 15, 2013. The application allows the public to easily view and access the safety performance of commercial motor carriers and reminds potential passengers to “Look Before You Book” your next interstate trip. Overall, the improvements to the NCCDB will further FMCSA’s eﬀorts to raise the public’s awareness that safety is everyone’s business. n

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 13

GOV ER NMEN T NE W S

Technology brief—FMCSA expects enforcement gains high Success Rate in Through Wireless Roadside Inspection Program Validating a Driver’s DoT Card (aka Medical By Chris Flanigan, General Engineer, FMCSA, Office of Analysis, Research and Technology examiner Certificate) The Federal Motor Carrier Safety Administration’s (FMCSA) Wireless Roadside Inspection (WRI) Program utilizes technologies that will improve safety through increased inspections. This is the first of a five-year field operations test. Through the utilization of this voluntary program, FMCSA will gain invaluable insight into carrier performance that will help strengthen the agency’s cornerstone enforcement program, Compliance, Safety, Accountability or CSA. The WRI Program employs technology to transmit real-time information on commercial motor vehicles (CMV), drivers, and motor carriers to a government system when a CMV approaches a fixed inspection station or enters a pre-defined geofence—which is a virtual perimeter for a real-world geographic area. It is defined by law enforcement, usually upstream from an inspection site, and provided to carriers so that the telematics devices in their vehicles can be made “aware” of these parameters. Upon the CMVs’ entry into a geofenced area, a wireless inspection process is triggered. While the CMV continues down the highway, this information is assessed for compliance automatically by a government-based system that utilizes CMV safety databases. Based on this assessment, a wireless inspection report is compiled and sent to the participating carrier, local roadside enforcement and FMCSA’s Safety Measurement System (SMS), as part of CSA. If a critical safety compliance issue is identified, the motor carrier and law enforcement will be notified and the driver will be directed to the next inspection station. The entire transaction occurs in 30 to 60 seconds. Participating drivers will be given the opportunity to conduct a self-test wireless inspection as part of their pre-trip inspection procedures. This will help drivers to check their compliance with FMCSA and other state requirements. The agency’s vision is for the WRI Program to: • Increase roadside inspections Enabled by wireless technologies, more inspections lead to increased motor carrier safety and identify those in non-compliance with the agency’s safety regulations.

• Increase inspection efficiency Speed up the inspection process and enable more “on the road” inspections, at least on par with the number of weight inspections. • Improve inspection effectiveness Reduce the probability of unsafe drivers, vehicles or carriers bypassing CMV inspection stations and increase the likelihood that fleets will meet the agency’s safety regulations. • Contribute to CSA Wireless inspections will be used to update participating motor carriers’ SMS profile. • Provide benefits to industry Provide inspection credits under CSA with authorized bypasses of inspection stations, reduce fleet costs, provide good return on investment, minimize wait times and level the playing field. In September 2012, FMCSA began a Field Operational Test (FOT) of the WRI program. The goal of the FOT is to determine the viability and effectiveness of wireless CMV inspections using existing telematics technologies. The system would receive and process the safety data messages in real time. This FOT will also provide a nexus for future national deployment through the Commercial Vehicle Information Systems and Networks (CVISN), among other programs. In this multi-year FOT, a commercial mobile radio services (CMRS) communications path will be examined. The program anticipates more than 1,000 trucks and buses participating in up to five states and generating more than 100,000 wireless inspections for analysis. Currently, a large number of motor carriers use CMRS-based telematics devices in their trucks to provide communication with their operations centers. If successful, it is anticipated that this type of system, when deployed nationally, could result in tens of millions of wireless inspections per year. For more information, please visit http://www.fmcsa.dot.gov/facts-research/ art-public-reports.aspx. n

By brandon A. Poarch, Chief, FMCSA State Programs Division In an effort to deter and detect fraud involving a driver’s DOT card, more accurately called “medical examiner certificates (MEC)”, FMCSA is working to link the new National Registry of Certified Medical Examiners and the Commercial Driver’s License Information System. However, until the link is operational, all enforcement personnel can ensure that drivers are medically qualified to operate a commercial motor vehicle (CMV) as explained in FMCSA’s September 2012 policy. Since September, roadside inspectors have attempted to validate the MEC over 3,300 times. In 6 of 10 checks, officers were able to reach a medical examiner for an answer, and in only 3% of the time did the medical examiner refuse to provide information. More significantly, in approximately 35% of the contacts made with medical examiners, the roadside officer was unable to confirm the validity of the MEC. The policy encourages authenticating MECs during enforcement actions like roadside inspections, carrier investigations and new entrant safety audits. The medical examiner can be contacted and asked to verify that he/she issued the MEC, as authorized by 49 CFR 391.43(i). In fact, some inspectors have had success faxing a copy of this provision to a medical examiners’ office if they encounter any concerns about releasing the information. If the medical examiner’s office is unable to verify the MEC, the driver may have presented a fraudulent document and the inspector should strongly consider follow-up action to determine if further investigation and enforcement is appropriate. The policy also describes how to document the results of MEC validation in Aspen when completed as part of a roadside inspection (using codes in special study field 7). Our statistics since September are encouraging and indicate that validating MECs at the roadside is a good use of our resources. FMCSA encourages all inspection and enforcement personnel to validate MECs whenever possible. For questions or additional information, or to obtain a copy of the full policy, please contact your respective FMCSA Division Office. n

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 14

GOV ER NMEN T NE W S

Determining Responsibility for Safety During Inspections on leased Vehicles and Inactive Motor Carriers By Steve Parker, Transportation Specialist, Enforcement Division, FMCSA Inspectors have many important responsibilities during driver and vehicle inspections. One is ensuring that each inspection is attributed to the correct USDOT number. When the Federal Motor Carrier Safety Administration (FMCSA) implemented a Performance and Registration Information Systems Management (PRISM) procedural change eliminating the “Vehicle Registrant Only” selection as a “Company Operation” type on the Form MCS-150 in 2012, the number of Inactive USDOT numbers increased sharply. Concurrent with this change, companies that sell and lease commercial motor vehicles (CMV) elevated their concerns about inspections that were attributed to their USDOT number, which may be the USDOT number marked on the vehicle in short-term (30 days or less) lease situations, but is often not the USDOT number of the motor carrier actually operating the vehicle. For safety inspectors, the driver interview and a review of lease documents and vehicle registration cab cards are basic to determining the motor carrier responsible for safety for the vehicle at the time of the inspection. In states participating in the PRISM program, where states obtain the USDOT number of the motor carrier responsible for safety, and cross-reference that number with a Tax Identiﬁcation Number (TIN), the vehicle registration cab card will often show that the motor carrier responsible for safety is expected to change during the vehicle registration year. When this information is noted on the cab card, inspecting lease documents and the driver interview become primary elements in determining the motor carrier responsible for safety, and, thus, the USDOT number for the inspection. Increased use of the Query Central tool in the FMCSA Portal will assist greatly as we work together in closing the options for evading enforcement monitoring. Data shows that, when “Vehicle Registrant Only (Registrant)” USDOT numbers were still an option last year, approximately 19,000 inspections were attributed to “Registrant” USDOT numbers and approximately 11,000 inspections were attributed to Inactive USDOT numbers. Query Central is the best, and, probably, the most convenient tool to determine if a CMV is being operated by a company with a “Registrant” or Inactive USDOT number, and most importantly, if the motor carrier is subject to a Federal Out-of-Service (OOS) order. Query Central is an authoritative source providing real-time information. Driver and vehicle inspectors should be strongly encouraged to check the motor carrier USDOT number in Query Central during every inspection. Additionally, Query Central will show if the USDOT number has an associated MC number and allows the user to click on the MC number to view the Licensing and Insurance information to determine if there is active operating authority. The Commercial Vehicle Safety Alliance’s (CVSA) North American Standard Out-of-Service Criteria Part IV includes out-of-service criteria for operating a motor vehicle without the required operating authority or beyond the scope of the motor carrier’s operating authority (392.9a(a)(1) or 392.9a(a)2). Proactively checking the motor carrier’s operating authority status will be very helpful as we monitor the activities of for-hire motor carriers.

GUARDIAN

Companies with Inactive USDOT numbers should be encouraged to submit a MCS-150 updating their status to the appropriate designation, either Interstate Carrier, or Intrastate (Non-Hazmat) Carrier (particularly in states that require a USDOT number for intrastate operations), or Intrastate Hazmat Carrier. Over the past year, Wisconsin, Virginia and New Jersey have implemented PRISM vehicle registration requirements within their International Registration Plan (IRP) offices. As more states participate in the PRISM program, a wealth of information on vehicle identification numbers (VIN) and license plates continues to become available to driver/vehicle inspectors through Query Central (and Nlets). Continuing to implement the PRISM program in a consistent manner nationally will assist in detecting vehicles subject to a federal OOS order and correctly identifying the motor carrier responsible for safety during a driver/vehicle inspection. However, the inspector’s investigation has been, and remains, the kingpin to making the appropriate safety connection. If you have suggestions or questions about the PRISM program, please contact your FMCSA Division Office or Steve Parker at stephen.parker@dot.gov. n

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 15

GOV ER NMEN T NE W S

nTC Recertifies Instructors in new nAS and PVI Course Material and Methodology The National Training Center (NTC) has recently completed a project to redevelop the North American Standard and Passenger Vehicle Inspection training programs offered by FMCSA. The final phase of the project consisted of recertifying all instructors in the new course material and methodology.

Additionally, a representative from the FMCSA Oﬃce of Policy and Program Development was in attendance to provide inspection guidance to Part B instructors on: • Brake lining cracks (including rust jacking) • 5th wheel movement

By working with Motor Carrier Safety Assistance Program (MCSAP) partners in strategic locations around the country, NTC was able to conduct recertiﬁcation sessions in relatively small groups. This allowed for a more personalized approach to instructor training to ensure a more uniform delivery of the new courses and better learning outcomes.

• Steering ball and socket movement

The recertiﬁcation sessions were also an opportunity to bring instructors up to date on important policy developments. Part A instructors were given guidance on MAP-21 and the new hours-of-service regulations, including waiting time at oil wells, the team driver passenger seat allowance, egregious violations, the 34-hour restart and the 30minute rest period, and automatic on-board recording devices. Instructors were given a CD containing each of these presentations to share with inspectors in their states.

• Recording of air-leak violations

• Tie-down defects • Pintle hook/drawbar (semi-trailer only) • Chaﬁng air hoses/lines • Exterior visor add-ons that cover the windshield

• Converter dolly lighting • Rear clearance lamps on trailers According to participant feedback, the recertiﬁcation sessions oﬀered both an immersion in the new course material and an opportunity to engage in useful discussion about its application. n

CAll FoR gUARDIAn SUbMISSIonS CVSA is always looking for interesting, relevant content for its quarterly magazine. We would be happy to consider your news, ideas, insights and articles on the issues facing the commercial vehicle safety community for upcoming editions of Guardian! Questions? Please contact Lisa Claydon at lisac@cvsa.org or 301-830-6152.

Mexico Advancing on Its Mexican official Standard noM-068-SCT-2-2012 On March 22, 2013, the Secretariat of Communications and Transportation published, in the Official Gazette, the Project Mexican Official Standard NOM-068-SCT-2-2012, which regulates transportation service for federal motor carriers of passenger, tourism, cargo, auxiliary services and private transport, by the inspection of physical-mechanical conditions and safety to operate in roads of federal jurisdiction. The objective of this Draft Standard is to establish the faults or defects of physical-mechanical specifications for vehicles used to operate federal motor transport services of passengers, tourism and freight, auxiliary services and private transport, for the assurance of road safety and users of these transportation services.

operation of vehicles with imminent risk of accident. It is important to note that this Draft Standard includes the description of the various systems and mechanical components as follows: • Optimal condition • Minimum requisites to comply with the technical veriﬁcation; and, • Critical condition—if applicable—which may cause unsafe or dangerous operation, and so the vehicle must stop operating.

During 2012, the proposed Draft Standard was approved, by consensus of the major trucking organizations, for submission to the National Advisory Committee of Road Transport, which unanimously approved the project on October 2 of that year.

In compliance with the Federal Law of Metrology and Standardization, the publication of the Draft Standard in the Oﬃcial Gazette is to give the opportunity of a 60-day period for public comments. These comments will be submitted to the National Advisory Committee of Road Transport. If you would like to send comments on this Draft Standard, please email them to jmercdia@sct.gob.mx. View the Draft Standard: www.dof.gob.mx/nota_detalle.php?codigo=5293286&fecha=22/03/2013.

The revision of the NOM-068-SCT-2-2000 is mainly due to two factors: 1) to incorporate technological advances in mechanical systems and components, such as antilock brakes (ABS), disc brakes and tires; and 2) to update the speciﬁcations to comply with in order to prevent the

The Secretariat of Communications and Transportation recognizes that improving the inspections of physical-mechanical conditions of vehicles operating transportation services increases road safety for all users of these services. n

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 16

GOV ER NMEN T NE W S

State Partnerships—A Force Multiplier for household goods enforcement By Kenneth e. Rodgers, Chief, Commercial Enforcement and Investigations Division, FMCSA The Federal Motor Carrier Safety Administration (FMCSA) is committed to ensuring that when Americans move from one state to another their household goods are moved safely and that consumers are protected. To this end, FMCSA has implemented a number of policies and programs to enhance the overall regulatory compliance by the household goods industry. However, FMCSA also recognizes the beneﬁts of a shared responsibility in protecting the motoring public and consumers. The transportation of household goods is one of the most challenging enforcement programs within FMCSA. Because individuals purchasing moving services are generally unaware of motor carrier regulations and responsibilities, they are vulnerable to misunderstandings, false promises and consumer fraud in their pursuit of “the best deal.” Although the majority of household goods carriers are honest and reliable, a number of dishonest movers take advantage of a consumer’s lack of knowledge. FMCSA’s goal is to reduce these abusive operating practices and to ensure honest motor carrier operations. FMCSA is committed to

enforcing household goods regulations and is working to:

1 2

Implement a comprehensive household goods enforcement program that identiﬁes problem carriers; and Initiate eﬀective enforcement actions against abusive, noncompliant and unsafe interstate moving companies and individuals.

With more than 5,600 household goods motor carriers and 20,000 brokers subject to FMCSA’s consumer protection regulations, FMCSA has developed partnerships with other federal and state agencies to share enforcement information and identify new tools to combat fraudulent household goods motor carriers and brokers. These partnerships have developed as a result of a Household Goods Working Group that consists of federal, state, industry and local law enforcement personnel. Each of these groups has a vested interest in safety as well as in consumer protection. As a team, we work together to combat household goods fraud and enhance consumer protection.

FMCSA continues to seek new ways to work together to achieve mutual safety and consumer protection goals. We have developed formal agreements with Ohio, Louisiana and Texas to combat rogue household goods operators and we invite other states to join with us to further our efforts. The benefit to FMCSA and to its partnering states is a “mutual enforcement program” that addresses rogue motor carriers that operate in both interstate and intrastate commerce. Additionally, we share enforcement data and other enforcement tools to strengthen consumer protection. States that partner with FMCSA to conduct household goods reviews are able to retain the financial penalties. Together, FMCSA and our state partners have a greater impact in fighting consumer fraud and ensuring that all Americans have a safe, convenient and reliable move. If you are interested in finding out more about the consumer protection program, we invite you to join the Household Goods Working Group. Please feel free to contact Kenneth Rodgers at Kenneth.rodgers@dot.gov for more information. n

PhMSA Revises Registration Fees The U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) Hazmat Registration Program requires certain carriers, shippers, and other offerors of hazmat to register and pay a fee for each registration year during which they engage in any of the covered activities. Companies can register for one, two, or three years with a single application. The 2013-2014 registration year begins July 1, 2013, and ends June 30, 2014. The registration fees for this year were reduced by a final rule published in the Federal Register on April 19, 2013. The fee for a small business or not-forprofit organization is revised to be $125 (plus a $25 processing fee), and for all other businesses the fee is $1,300 (plus a $25 processing fee). After the 2013-2014 registration year, the registration fees will return to 2012-2013 registration year levels. Please note that the fees for multi-year registration periods that include the 2013-2014 registration year (2011-2014, 2012-2014, 2012-2015, 2013-2014, 2013-2015, and 2013-2016) are all affected by this reduction in the fees for that single year. A link to the final rule and to the revised Fee Table is provided on our webpage at http://phmsa.dot.gov/hazmat/registration.

GUARDIAN

That same Web page also provides a link to PHMSA’s On-Line Registration Service. This service allows registrants to complete and print registration statements, submit appropriate payment via credit/debt card or electronic check (ACH), receive a new registration number, and print the registration certificate. Companies that are renewing will find most of the form prepopulated with their prior information, which can be updated. There is no additional fee for this On-Line Registration Service, and it is a quick, easy way to register. Copies of our informational brochure and application form can also be printed from the link provided above. If you have any questions, please do not hesitate to contact PHMSA’s Hazmat Registration Program office at 202-366-4109 or 800-942-6990 or at register@dot.gov for assistance and information. Thank you for your support. n

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 17

GOV ER NMEN T NE W S

FMCSA Announces Motor Carrier Safety Advisory Committee Appointments In March, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the appointment of a new chairman, vice chairman and five additional members to its Motor Carrier Safety Advisory Committee (MCSAC). “At DOT, safety is our highest priority,” said U.S. Transportation Secretary Ray LaHood. “Working with partners who provide us with greater knowledge, experience and ideas will only help us make our nation’s highways even safer.” Stephen C. Owings is the first representative from the safety advocacy community to be named chairman of the MCSAC. Owings and his wife, Susan, founded Road Safe America in 2003 in honor of their son, Cullum, who was tragically killed in 2002 when struck by a tractor trailer. Owings replaces David Parker of Great West Casualty Co. as chairman. Parker has served as MCSAC chairman since its inception in 2007. Lt. Col. Scott G. Hernandez of the Colorado State Patrol was appointed vice chairman. Hernandez is the interim chief of the Colorado State Patrol and will become MCSAC chairman upon the conclusion of Owings’ two-year term. Established by Congress in 2006, the MCSAC is charged with providing information, advice and recommendations to FMCSA on safety programs and regulations for large trucks and commercial buses. The MCSAC is composed of stakeholders from the motor carrier safety advocacy, safety enforcement, labor and industry communities. “We welcome our new MCSAC members and look forward to their contributions that will help FMCSA raise the bar for carriers to enter the industry, maintain high safety standards to remain in the industry, and remove high risk carriers and drivers from our roadways,” said FMCSA Administrator Anne Ferro. The five new MCSAC members who will begin their terms on April 1, 2013, are: • gary Catapano, senior vice president of safety, First Student, Inc. • bruce hamilton, president, Amalgamated Transit Union, Local 1700 • Robert Mills, police officer, Fort Worth (TX) Police Department • Donald osterberg, senior vice president of safety and security, Schneider National, Inc.

• Tami Friedrich Trakh, board member, Citizens for Reliable and Safe Highways (CRASH) • Jennifer Tierney, board member, CRASH, (Voting Alternate Member) Additionally, Administrator Ferro reappointed ten members to the committee. They are: • laMont byrd, director of health and safety, International Brotherhood of Teamsters

“Working with partners who provide us with greater knowledge, experience and ideas will only help us make our nation’s highways even safer.”

• norman (bill) Dofflemyer, captain, Maryland State Police • Scott hernandez, interim chief, Colorado State Patrol • John lannen, executive director, Truck Safety Coalition • Jane Mathis, member, board of directors, Parents Against Tired Truckers (P.A.T.T.) • Stephen C. owings, president, Road Safe America • Pete Pantuso, president and chief executive officer, American Bus Association • David Parker, senior legal counsel, Great West Casualty Co. • Danny Schnautz, operations manager, Clark Freight Lines, Inc. • Todd Spencer, executive vice president, Owner-Operator Independent Drivers Association With these appointments, the committee now has its full complement of 20 members. Administrator Ferro thanked outgoing member Bob Petrancosta of Con-Way Freight for his seven years of contributions to the MCSAC. Petrancosta will remain a member of the MCSAC’s Compliance, Safety, Accountability (CSA) Subcommittee. The MCSAC members are chosen through application to the agency. They are selected from among individuals who are not employees of FMCSA and who are specially qualified to serve on the committee based on their education, training or experience. For more information about FMCSA’s Motor Carrier Safety Advisory Committee, including a complete summary of all its members, please visit http://mcsac.fmcsa.dot.gov. n

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 18

GOV ER NMEN T NE W S

nTSb Most Wanted list highlights Commercial Motor Vehicle Safety By Stephanie D. Davis, National Transportation Safety Board

Ten people were killed when a tractor-trailer plowed into a line of slowed traﬃc in June of 2009, near Miami, Oklahoma.

Each year, the National Transportation Safety Board (NTSB) issues its Most Wanted List. This list sets the NTSB's advocacy priorities for the year, and is designed to increase awareness of, and support for, the most critical changes needed to reduce transportation accidents and save lives. Ten crucial areas are showcased. Four of this year’s issues related to commercial vehicle safety are: bus operations safety, fire safety, driver distraction, and collision avoidance technologies.

GUARDIAN

Improve the Safety of bus operations

U.S. Department of Transportation number, and continue unsafe operations.

In recent months, we have seen devastating crashes involving motorcoaches around the country and increased inspections and out-ofservice orders for motorcoach operators. While these bus companies’ actions have brought negative attention to the industry, travel by bus remains among the safest and most frequently used modes of transportation. Bus operational safety is a multi-faceted issue, involving not just the vehicle, but also the drivers, bus and motorcoach operators, and oversight agencies.

The NTSB believes that an important step in improving safety is to ensure that the professional motorcoach driver is qualiﬁed. For example, bus operators should review a longer, more comprehensive driving history during the recruitment/hiring process and use video event recorder information to assess onthe-job performance. In addition, drivers should undergo regular medical examinations by an authorized medical professional to ensure that they are ﬁt to operate such complex machinery. Drivers and operators should also work together to ensure that drivers have adequate opportunity for rest and to institute measures, such as fatigue risk management programs and vehicle technologies, that can assist operators and drivers in recognizing and mitigating fatigue.

The safety deﬁciencies most often found involve the driver or the vehicle and how well the company manages these operations. Bus operators who continue to demonstrate bad management practices create an unsafe operating environment where the actions of their medically impaired, distracted or fatigued drivers have had catastrophic consequences. The NTSB has also found that those unsafe operators who have been placed out-of-service by oversight agencies often reincarnate under another name, with a new

However, there can be no guarantee that drivers are qualiﬁed unless their companies are held to a higher standard. Improvements to the new entrant process could ensure that higher standard by requiring that new companies

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 19

GOV ER NMEN T NE W S

demonstrate their safety ﬁtness prior to being granted operating authority. Operational safety can be improved by placing greater emphasis on safe vehicle and driver performance, the lack of which are frequently causal factors in accidents. Additionally, if FMCSA determines that a company is not ﬁt to continue operations, there should be methods for verifying that the company has ceased operating.

eliminate Distraction in Transportation

Fire safety issues can vary by vehicle types and operating conditions, but a common need is the ability to detect a fire, or impending fire, as early as possible. For motorcoaches, having the capability of monitoring temperatures in the wheel wells could prevent an impending tire fire.

Distracted driving isn’t just a motor vehicle problem, it’s a human problem. NTSB has seen distraction accidents and incidents across all modes of transportation. In a 2002 crash in Largo, Maryland, a young driver talking on her cell-phone veered off the Capital Beltway, crossed the median, flipped over and landed on a minivan—that conversation ended in five fatalities. Talking hands-free on a cell phone led to an experienced motorcoach driver colliding with a bridge in Alexandria, Virginia in November 2004. In September 2008, an engineer ignored a red signal while texting, resulting in a head-on collision near Chatsworth, California, and 25 deaths. In July 2010, a tugboat operator in the Delaware River in Philadelphia, Pennsylvania was paying more attention to his phone and laptop than to his job, which resulted in the tugboat/barge combination colliding with a passenger vessel and killing two tourists. These accidents and countless others demonstrate time and again the danger of using portable electronic devices when operating a vehicle. Portable electronic devices that do not directly support the operational task have no place in vehicles, planes, trains and vessels.

Material selection and design constitute the more prescriptive layer of fire safety and must be tailored to a particular situation or fire threat. For instance, in motorcoaches, the use of fire-resistant materials for sidewalls in fireprone areas could prevent fires from entering the passenger compartment.

The NTSB believes that states and regulators can set the proper tone by banning the nonessential use of such devices in transportation. Companies should develop and vigorously enforce policies to eliminate distractions. Manufacturers can assist by developing technology that disables the devices when they

Improve Fire Safety in Transportation NTSB accident investigations have revealed deficiencies in the implementation of fire safety in many modes of transportation. Fire safety combines many elements, such as design, materials, and fire detection and suppression technologies. In 2005, the NTSB found deficiencies in design, materials, and fire detection capabilities that led to a tragic highway accident near Wilmer, Texas, caused by a tire fire and resulting in the death of 23 passengers.

are in reach of operators. Accident investigators at the federal, state and local levels should also incorporate in their protocols a system for checking whether the nonessential use of portable electronic devices led to accidents; such information is essential to better identify safety issues and where to dedicate resources to stop this dangerous behavior. The NTSB further believes that prohibiting the non-emergency use of all portable electronic devices for all drivers combined with highvisibility enforcement and educational campaigns is necessary to change society’s acceptance of driving while distracted by using these devices.

Mandate Motor Vehicle Collision Avoidance Technologies Regardless of a driver's skills, sudden changes by other drivers and changes in vehicle controllability pose signiﬁcant safety risks. For unaware drivers, the consequences can be severe. Some of the most deadly accident circumstances involve rear-end collisions, run-oﬀ-the road, loss of control, speeding and out-of-adjustment brakes—which are often not under the control of a single person. There are technologies that can work with the driver to improve driver reaction time or otherwise help improve the driver’s performance. And many of these technologies—such as forward collision warning, adaptive cruise control, automatic braking and electronic stability control—have been proven to aid drivers when they are faced with unexpected conditions, when traveling at highway speeds or when operating larger commercial vehicles. For commercial drivers, technologies—such as tire pressure monitoring, onboard driver performance monitoring systems and speed-limiting technology—can warn drivers of imminent threats or diminish the possibility of encountering dangerous conditions. Unfortunately, many of these technologies are only available as options that a vehicle owner can add, and some technologies are not even required to meet performance standards. Establishing performance standards and including these technologies as standard equipment in cars and commercial motor vehicles alike would help to mitigate or eliminate circumstances leading to deadly accidents and would improve the safety on our nation’s highways. Additional information on these safety issues and the full NTSB Most Wanted list is available on the NTSB’s website: www.ntsb.gov. n

Nine people were killed and 38 injured in the crash on I-84 near Pendleton, Oregon last December.

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 20

GOV ER NMEN T NE W S

THE LEGISLATIVE & REGULATORY RUNDOWN By Adrienne gildea, CVSA, Director, Policy & Government Aﬀairs

house and Senate Divided on budget In the first half of 2013, Congress has been focusing a good deal of their attention on the issue of funding and the national debt. With the passage of the second Continuing Resolution in March, Congress resolved FY2013 funding issues and has turned its attention to FY2014’s Budget Process. Both the House and Senate have produced and passed their respective budgets for the coming year, prior to the Easter recess. However, since that point the process has largely stalled, due to the vast differences in the proposals and disagreement on next steps. The Senate budget seeks both increased taxes and spending cuts to work towards a balanced budget. The House proposal, on the other hand, would balance the budget within 10 years, through spending cuts and changes to Medicare. The divide between the two proposals leave many wondering if common ground can be found. Senate leaders would like to follow the normal process, however, to try and reach that common ground, by establishing a Conference Committee between the two chambers to negotiate a final draft. House leadership, however, would prefer to agree on a “framework” and negotiate unofficially, before moving to a formal Conference Committee. Meanwhile, in April, the White House released its Budget Proposal for FY2014. The proposal includes an aggressive increase in funding levels for transportation, focused primarily in infrastructure investment. However, most of the content in the Administration’s FY2014 budget proposal is not new and has been included, in some form or fashion, in the Administration’s previous budget proposals. Like those previous proposals, the FY2014 budget has gained little traction on Capitol Hill. However, the President and Administration officials are working separately on the budget issues as part of a bigger discussion on the deficit.

GUARDIAN

outlook for highway bill

new DoT Secretary

The transportation committees on both sides of the Hill have been working on other priorities, while watching the implementation of MAP-21. Several other transportation bills will need to be completed before motor carrier issues come back into focus. When Congress does turn its attention to the next surface transportation bill, one issue—truck size and weight limits—is sure to be front and center. Two competing bills have been introduced addressing vehicle length and weight restrictions.

Finally, after months of speculation, the White House announced their nominee to replace Secretary Ray LaHood at U.S. DOT— Charlotte Mayor Anthony Foxx. Mayor Foxx is a relatively new name on Charlotte Mayor Anthony Foxx the national transportation stage and many were eager to learn more about the nominee at the Senate Commerce Committee confirmation hearing, which was held on May 22. In the days leading up to the hearing, Senators from both parties expressed tentative support for Mayor Foxx, indicating that they saw no major hurdles to confirmation for the nominee. The hearing went smoothly, with questions focusing on infrastructure investment for the most part. Foxx’s nomination is now pending full Senate confirmation, but a vote had not been scheduled when this publication went to print. Mayor Foxx was first elected to office in 2009 and was re-elected in 2011. He has overseen multiple transit projects in Charlotte and was thrust into the national spotlight when Charlotte hosted last year’s Democratic National Convention. n

In February, Congressman Michaud (D-ME) introduced the Safe and Efficient Transportation Act of 2013. The bill would grant states the authority to raise the limits on their Interstate Highway System roads to 97,000 lbs. for vehicles equipped with at least six axles. It also establishes a Safe and Efficient Vehicle Trust Fund, funded through a new tax on vehicles operating over federal weight limits. The Secretary would be required to dedicate a portion of those funds to bridge improvements. The bill has bipartisan support from nearly twenty cosponsors. In May, however, Senator Lautenberg (D-NJ) introduced the Safe Highways and Infrastructure Preservation Act of 2013 (SHIPA). This bill would expand the current Interstate Highway System weight and length restrictions to the broader National Highway System. That bill has three Democrat cosponsors. At this point, it is unlikely that either bill would move on their own, but rather will contribute to the discussion, when it begins, for the next highway bill. While we wait for Congress to turn their attention to the highway bill, a number of topics will be front and center on the national scene. The Federal Motor Carrier Safety Administration (FMCSA) Compliance, Safety, Accountability (CSA) program will continue to receive scrutiny from industry and Congress. There are two reviews of the program being conducted at this time—one by the DOT Inspector General and one by the Government Accountability Office—both due out in the fall, and the CSA Subcommittee of the Motor Carrier Safety Advisory Committee continues its work on recommendations to the agency on the program. The trucking community will also be watching for a ruling by the U.S. Court of Appeals for the District of Columbia regarding the proposed Hours-of-Service changes, which are set to go into effect in July.

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 21

CSA NE WS

CSA NEWS ATRI Research—Mixed Results for CSA’s Relationship to Crash Risk The large scale analysis, which commenced with data from roughly 500,000 interstate and intra-state motor carriers, used July 2012 carrier proﬁles and 24 months of historical crash data to evaluate whether statistical relationships existed between crash frequency and any of CSA’s ﬁve publicly accessible BASIC scores. The results of the ATRI analysis, which have been presented publicly to FMCSA, the Transportation Research Board (TRB) and numerous industry meetings, found mixed results:

Since the full deployment of FMCSA’s Compliance, Safety, Accountability (CSA) program in late-2010, there has been a lack of consensus over whether the program’s Behavior Analysis and Safety Improvement Categories (BASIC) scores relate to crash risk. Multiple analyses utilizing diﬀerent statistical tools have challenged the degree to which industry stakeholders can and should rely on CSA’s BASICs, both percentile and alert scores, as a valid indicator of safety. In response to this uncertainty, The American Transportation Research Institute (ATRI) Research Advisory Committee (RAC) ranked CSA as the leading issue for expanded research.

• The relationship between crash risk and the Unsafe Driving, Fatigued Driving and Vehicle Maintenance BASICs were positive and stable;

In December 2012, ATRI released the results of its two-year industry data collection and analysis initiative quantifying CSA’s impact on safety and supply chain personnel. In another ATRI CSA study, summarized here, the Institute utilized a massive database of carrier information to examine the relationship between motor carrier CSA scores and actual crash involvement.

• Support for the Controlled Substances and Alcohol BASIC was mixed, as the percentile scores showed an inverse relationship between negative scores and crash risk; • Finally, the analysis showed no statistical support for the Driver Fitness BASIC. In fact, the data shows that, as a carrier's Driver Fitness record improves, that carrier’s crash rate goes up.

ATRI’s research utilized a sophisticated statistical analysis capable of evaluating complex crash data to provide more accurate and direct results than previous studies had done.

ATRI to conduct a similar analysis with the new Hazmat BASIC. That research will commence in the next several months. Based on the finding that at least two BASICS have statistically significant inverse relationships between crash risk and negative BASIC scores when percentile scoring is used, ATRI’s research recommends an alternative approach for assessing a motor carrier’s overall safety condition. As noted in Figure 1, cumulative “Alerts” appear to be a much better indicator of safety—even when the flawed Driver Fitness alert is included. In summary, ATRI’s comprehensive research finds that the algorithms and weightings used by CSA are valid for three of the five public BASICS, and that percentile scoring is flawed for at least two BASICS. Finally, the research recommends fixing the Driver Fitness BASIC’s Alert algorithm and then redesigning the overall carrier safety classification system to focus exclusively on cumulative Alerts (See Figure 2). To obtain a copy of ATRI’s CSA research, visit www.atri-online.org. n

• It is worth noting that ATRI’s Research Advisory Committee recently authorized

Classiﬁcation group Description Group A Suﬃcient data in at least one BASIC, but no scores

Crash Risk by Proposed Safety Category

low

high

level of Safety Risk

5.5 5.1

Group B

Suﬃcient data in at least one BASIC, but no “alerts”

Group C1

1 “Alert”

Group C2

2 “Alerts”

Group C3

3 “Alerts”

Group C4

4“Alerts”

Group C5

5 “Alerts”

Crash Risk

4.5 4.2 3.7

3.5 2.5 2.1 1.6

1.5

1.3 1.0

BASELINE

0.5 Some Data, No Scores Group A

Scores, No Alerts Group B

1 Alert

2 Alerts

3 Alerts

4 Alerts

5 Alerts

Group C1

Group C2

Group C3

Group C4

Group C5

Figure 1

Figure 2

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 22

CSA NE WS

FMCSA needs Industry Support to Fix CSA By Steve niswander, Vice President for Safety at Groendyke Transport Inc., Several years back, few in the trucking industry would have challenged the notion that a new safety monitoring tool was needed to replace the overly simplistic SAFESTAT program. However, since CSA became fully operational in 2010, there has been a continuous flow of research and analysis confirming that CSA needs fixing. Unfortunately, three impediments will make a quick and effective fix challenging for FMCSA. The first issue is that CSA continues to change and in potentially capricious ways, sometimes making comprehensive evaluations, particularly ones based on real-world safety data, difficult. In a few instances, changes in CSA Behavior Analysis and Safety Improvement Categories (BASIC) reflect requests by industry to correct issues, but many carriers are discovering that their scores and Safety Event Groups can change even when there is no negative activity occurring on their records. In fact, the entire concept of utilizing comparative peer groups—especially when the vast majority of carriers have little to no CSA data, was questioned in the CSA safety analysis completed by the American Transportation Research Institute (ATRI). That analysis, wellrecognized as the most comprehensive and sophisticated CSA evaluation to date, found at least two BASICS that have flawed relationships when the group percentile scoring system is used. In addition, the ATRI analysis only looked at publicly available BASICs and we have subsequently learned that one of the nonpublic BASICs also does not correlate to future crash risk. Without adequate CSA data and a certain amount of program stability, carriers are often left in the dark as to how, where and when they target internal safety issues. Which leads to the second major concern with CSA: CSA was supposedly directed by some group of experts, but there is a nearly complete lack of transparency in how BASIC severity formula weightings were developed. Without this transparency, many credible subject-matter experts will be unable to provide technical support and guidance to the improvement process. Quite frankly, we should all be very concerned by the fact that at least two of the BASICS have been statistically proven to have inverse relationships between negative scores and higher crash risk, and a third appears to have no relationship (positive or negative) to crash risk. More specifically, while ATRI found strong statistical support for the BASICs of Unsafe Driving, Fatigued Driving (now HOS Compliance),

GUARDIAN

and Vehicle Maintenance (which now includes Cargo Securement components), they found only partial support for the Controlled Substance & Alcohol BASIC—which unnervingly has an inverse relationship between percentile scores and crash risk. Also, there was a complete lack of statistical support for both the percentile and alert scorings for the Driver Fitness BASIC. When considering that a nonpublic BASIC (the HM Compliance BASIC) may have no relationship to future crash risk, it is more than problematic that three of seven BASICs do n0t meet the intent of the program. Yet FMCSA continues to publicly post Driver Fitness and Controlled Substances and Alcohol BASIC scores. As far as can be determined, these last two or three BASICs will continue. Finally, even in those BASICs where there is a positive relationship between scores and crash risk, there are thousands of outliers. In other words, due to data and methodology problems there are fleets with high scores but low crash rates, and vice-versa. The lack of external CSA comprehension may be further supported by the results of ATRI’s “CSA Knowledge Test” which has been administered to many thousands of carriers and drivers over multiple years. Suffice it to say, carrier and driver answers were unimpressively, on average, between 30% and 60% correct. Furthermore, the latest Knowledge Test indicated that at least one group’s CSA knowledge scores are declining over time. In summary, nine months or more after multiple and objective research analyses have highlighted critical issues in CSA’s safety management design, no clear solution set is on the horizon. The third and final impediment that exists for ensuring a useful and effective CSA program is a general lack of industry support and participation for CSA as it presently exists.

Whether you look at the industry by sector, fleet size (both carrier and driver level) or association type, there is general confusion and/or dislike of elements of CSA. Safety cynics might applaud that as success, but these folks certainly are ignoring data and analysis, not to mention history itself. Since the early part of this decade when FMCSA set what was at the time viewed as a nearly impossible goal of 1.4 truck-involved fatal crashes per 100 million miles driven, the trucking industry has earned considerable credit for lowering the fatal crash rate well below 1.4 (in fact it is now on par with cars). The industry did this with few major changes in federal regulations; rather it focused on industry-generated solutions relating to improved vehicle designs, driver training innovations, onboard safety technologies and voluntary safety programs often developed and tested in concert with CVSA’s state enforcement personnel. This industry track record alone should be a motivating factor for FMCSA to seek out a more formal and technical collaboration with industry partners in the carrier, driver and supplier arenas. To be truly effective, the effort must go beyond advisory committees to include strategic governmentindustry technical committees and task forces. Until major revisions in several BASICs are instituted and a new collaborative environment is fostered by FMCSA, we are likely to continue to see band-aid fixes that generate the unforeseen safety consequences that we all fear. That shared concern alone should be the basis for the new public-private collaboration on CSA that is sorely missing. Steve Niswander, Vice President for Safety at Groendyke Transport Inc., is the current Chair of ATRI’s Research Advisory Committee, an active member of CVSA for over 25 years and is the 1st Vice Chairman of the ATA Safety Loss Prevention Council. n

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 23

T HE ROA DSIDE INSP ECTOR

INSPECTOR’S CORNER The Ups and Downs of Dealing with hazMat By Christopher Smithen, a CVSA-certiﬁed North American Standard inspector from Nevada

Over the course of my eight plus years in commercial enforcement, I have seen that inspectors across my state either like dealing with hazmat or they hate it. I happen to be one of the inspectors that like dealing with hazmat. (Yeah, I’m one of those guys). As a hazmat instructor, one of the things constantly taught in our classes is safety. I recently had an encounter with what I thought was initially a water truck. I saw a three-axle cargo tank truck make a left hand turn from a side road to travel in front of me. I saw a liquid slosh around and spill over the sides from the top of the tank. At ﬁrst, it looked like it was a water truck that had been overﬁlled. That is something that most of us have probably seen at some point in time.

“Our goal when inspecting hazmat is safety and compliance. Our safety comes ﬁrst.”

When I stopped the vehicle, I saw that a lot of liquid had spilled off the top of the tank all over the rear of it. I initially approached the driver compartment from the passenger side. After contacting the driver, I walked around the front of the truck to the driver’s door. I could see test date markings displayed that had been expired for many years on the left front of the tank. Under the test date markings was the spec plate identifying this as a 306 cargo tank. A small pump located just behind the driver’s cab, near the spec plate, had a pin-hole leak in it. Some of the mist sprayed and me while I was looking at the spec plate. My first thought was that I had been sprayed with some type of hazmat. I found out that the tank was only carrying a residue of a liquid fertilizer. Now, there are liquid fertilizers that are hazmat, but, luckily, this particular load was not. I still washed and cleaned the residue off of my exposed arms as quickly as I could. In hindsight, when I first noticed the liquid over the rear of the tank, I should have had the driver to the rear of his truck. This enforcement stop helps me realize that you can’t always assume what something looks like from your point of view. I assumed this was a water truck. I quickly realized that I was dealing with a spec cargo tank that could have been carrying hazmat. When dealing with hazmat, we can’t be too careful. A second instance occurred during a road check last June. I was approached by two of our civilian inspectors who had initiated an inspection on a truck and trailer. When they reached the rear of the trailer, they both began gagging and coughing because of a noxious smell coming from the trailer. We cleared the check site of all other trucks and didn’t have any inspectors go near the vehicle. From a distance, you could see that blood had been leaking from the trailer

across the entire rear end protection. Blood droplets were now contaminating our check site. After talking with the driver and obtaining the shipping papers, we found that we were dealing with a biohazard. Everything in the trailer was medical waste from hospitals and was being transported to an incinerator. Chemtrec was called and, over the next couple of hours, we were coordinating a response team to clean up the spill. We found later that one of the containers in the trailer had shifted and fell during transport, spilling its contents. Again, we can’t be too careful. After my learning experience with the leaking fertilizer residue, I didn’t let any of my co-workers go near this truck. We kept our distance and started gathering information about the situation so we could provide Chemtrec with as much information as possible. Our goal when inspecting hazmat is safety and compliance. Our safety comes first. The hazmat loads that we see every day are driving near our residences and making deliveries to businesses around the corner. All of us have heard of, seen or dealt with a hazmat spill and the chaos that they bring. I want these trucks to be the safest and most compliant, so I hopefully won’t have to deal with a spill. Some inspectors don’t like dealing with hazmat. I admit that, when I first went through the hazmat course, I was overwhelmed with all that applies to hazmat loads. However, I made myself inspect more and more hazmat so that I could become more familiar with the regulations. I learned a great deal through trial and error and a few DataQs. We all have coworkers that we call when we have a question or need verification on what we are seeing, whether it’s hazmat or a regular vehicle inspection. One of my co-workers and mentor John Sherven is a hazmat instructor as well and I frequently call him. We have all had inspections where something just doesn’t add up. We all know how many exceptions there are when it comes to hazmat. As John once told me, “When it comes to hazmat, sometimes it easier to find out why a company can do what they’re doing rather than why they can’t.” n

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 24

C V S A CO M M I T T E E & P R O G R A M N E W S

CVSA Workshop in louisville: An overview Each year, the CVSA Workshop provides the ideal opportunity for stakeholders—government oﬃcials, enforcement and industry—to continue their mission to achieve quality, uniformity and consistency in CMV safety and enforcement throughout Canada, Mexico and the United States. And this year was no exception. More than 550 CMV professionals participated in the 2013 CVSA Workshop that took place in Louisville, Kentucky, April 21-25. This conference is one of the regularly scheduled, in-person CVSA meetings that happen throughout the year in order to facilitate collaboration among CMV safety and security professionals from all across North America. CVSA’s technical working committees, programs, members and elected leadership meet during the Workshop to continue their work together

The Vehicle Committee, chaired by Kerri Wirachowsky of the Ontario Ministry of Transportation, had a packed agenda.

in furtherance of CVSA’s mission and to help save lives. In addition to the traditional Workshop program, five different pre-conference seminars were also offered in Louisville. According to CVSA President Mark Savage, “The true value of our Alliance is the successful implementation of commercial vehicle safety initiatives developed by an open and collaborative environment of multiple stakeholders. The CVSA Workshop and other meetings during the year are critical components for the Alliance’s success. Much was accomplished during this year’s meeting in Louisville, many thanks to those who participated and helped to further the mission of the Alliance.” n

Discussions were lively and productive during the Associate Membership meeting.

Commissioner Rodney Brewer of the Kentucky State Police welcomed CVSA to Louisville at the Opening General Session.

The pre-conference seminar Lifecycle of a Road Side Inspection Violation was well-attended and well-received.

Members of the Hazardous Materials Committee collaborated on several key issues.

The face-to-face interaction at CVSA events is invaluable.

GUARDIAN

The Program Initiatives Committee, under the chairmanship of Sgt. Don Rhodes, addressed a variety of timely issues.

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 25

C V S A CO M M I T T E E & P R O G R A M N E W S

CVSA

Webinar Schedule how to get the Most of your CVSA Membership July 24—2:00-3:00 pm The Size & Weight Committee presented John nicholas, who recently retired from the Federal Highway Administration, with a plaque to show appreciation for his hard work on the behalf of the Alliance and his commitment to CMV safety.

What to expect at the north American Inspectors Championship August 7—2:00-3:00 pm

MCSAP Awards

Understanding DataQs August 14—2:00-3:00 pm

During the Workshop General Session, FMCSA Administrator Ferro announced the MCSAP Leadership Award winners. Each award has a winner from a small state, a medium state, and a large state. These categories of states are based on the amount of MCSAP funding the states receive each year.

Comprehensive Investigations Award • Utah Department of Transportation • Louisiana State Police • Texas Department of Public Safety Honorable Mentions • Maine State Police • Minnesota State Patrol • Indiana State Police

Safety enforcement Award • New Mexico Department of Public Safety • Iowa Department of Transportation/Iowa State Patrol • Indiana State Police Honorable Mentions • Connecticut Department of Motor Vehicles • Alabama Department of Public Safety • North Carolina State Highway Patrol

Data Quality Award

What to expect at the 2013 CVSA Annual Conference & exhibition

• Delaware Department of Safety and Homeland Security • Iowa Department of Transportation/Iowa State Patrol • Indiana State Police and Virginia State Police (tie)

August 28—2:00-3:00 pm

Honorable Mentions • Public Service Commission of West Virginia • Maryland State Highway Administration • Georgia Department of Public Safety

Missed the Preparing for the Impacts of oil & natural gas exploration webinar on June 11? No problem. You can access that one and other previous webinars online.

State Fatality Rate Award • Rhode Island State Police • Massachusetts State Police • Michigan State Police Honorable Mentions • Wyoming Highway Patrol • Alabama Department of Public Safety • Missouri Department of Transportation

Stay tuned, more webinars will be added to the 2013 schedule.

learn more at www.cvsa.org/webinars.

The Michigan State Police was well-represented when they received the State Fatality Rate Award. SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 26

C V S A CO M M I T T E E & P R O G R A M N E W S

brake Safety Week 2013 Set for September 8-14 The CVSA Operation Airbrake program is preparing for Brake Safety Week 2013, September 8-14, during which brake system safety will be at the forefront of its members’ outreach and regulatory compliance and enforcement eﬀorts. Operation Airbrake held its annual, unannounced Brake Check event on May 8. CVSA assembles and compares the national statistics for both of these events for comparison to prior years and to follow inspection and violation trends. Each year, Brake Safety Week includes eﬀorts to conduct Level IV brake inspections—assessing brake system condition, proper antilock brake system (ABS) function, and measuring brake chamber pushrod stroke for proper adjustment (where applicable). Jurisdictions who have opted to use Performance Based Brake Testers may also measure brake system performance to check compliance with FMCSR 393.52.

For 2013, the Operation Airbrake program planning committee is discussing a number of focus areas for Brake Safety Week. Where feasible, jurisdictions will be encouraged to inspect motorcoaches and buses, similar to Roadcheck 2013, but also to watch for proper ABS system function and to inspect hydraulic brake equipped vehicles. CVSA recently published new inspection procedures for most common types of hydraulic brake systems and is developing supplemental hydraulic brake inspection training materials. CVSA is also updating its Inspection Bulletin for the ABS lamp check. Operation Airbrake also is updating its popular air brake adjustment brochure and has tentatively scheduled an informational webinar for drivers for August in time for Brake Safety Week 2013. Check www.operationairbrake.com and www.cvsa.org for more information. n

CVSA Participates in lifesavers Conference CVSA President Mark Savage, Jack Van Steenburg, FMCSA Assistant Administrator & Chief Safety Officer, and FMCSA Deputy Administrator Bill Bronrott served as panelists for a session called “Maximizing Your Budget Through Strategic Outreach: The Example of Commercial Driver’s License and Motor Vehicle Enforcement” during the Lifesavers Conference in Denver in April. The panel discussed how FMCSA has involved non-profit partners like the National Traffic Law Center to spread its message of CDL enforcement and reporting. Panelists also discussed best practices for team building with non-traditional partners to disperse information and achieve community “buy-in.”

SALT LAKE CITY

The annual Lifesavers Conference focuses squarely on national highway safety and is attended by public safety, public health, research, volunteers and practitioners from all across the country. More than 1,700 participated in the 2013 event. n

Compete, Learn, Excel August 19-23, 2013 | Salt Lake City, Utah

Learn more at www.cvsa.org/events!

FMCSA’s Chief Safety Oﬃcer Jack Van Steenburg stopped by the CVSA booth, which was manned by Bob Powers.

GUARDIAN

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 27

C V S A CO M M I T T E E & P R O G R A M N E W S

CVSA gets Media Attention for Teens & Trucks Initiative on Distracted Driving CVSA held a media event in front of the U.S. Department of Transportation headquarters in conjunction with the Global Youth Traffic Safety Month kick-off event in Washington, DC on May 8. This event marked the official release of its latest curriculum developed specifically for teens and garnered valuable TV coverage on two major networks. U.S. DOT Deputy Secretary John Porcari was one of the featured speakers. Part of the Operation Safe Driver Program, the new “Teens & Trucks: Curbing Distracted Driving” curriculum includes a 23-minute DVD on the various forms of distracted driving. In addition, the tragic consequences of distracted driving are powerfully conveyed in a candid interview with a young driver who was texting his girlfriend while behind the wheel and crossed the center line and crashed head on into another vehicle, killing the two occupants. Order your copy at http://cvsa.stores.yahoo.net/cudidr.html. n

Teen driving safety leaders with the National Organizations for Youth Safety (NOYS) learned facts about driving safely around trucks from Sgt. Robert Mondor of the Maryland State Police during the media event.

Michael Irwin Joins CVSA Staff CVSA is pleased to announce that Michael T. Irwin, CDS CDT has accepted the position of Director, Driver & Training Programs at CVSA. He has over 35 years of experience in the transportation industry. Most recently, he was the director of safety and quality assurance for DEKRA Commercial Fleet Performance Systems. Irwin has been intimately involved in every aspect of the transportation industry throughout his career, including as a diesel technician, CMV driver and as a CMV law enforcement officer with the Michigan State Police Traffic Safety Division. Before joining DEKRA, Irwin served as the executive director of the Michigan Center for Truck Safety. During his time with the Michigan State Police, Irwin was certified as a NAS/CVSA Part B instructor. He has also been certified as a director of safety and driver trainer through the North American Transportation Institute (NATMI) in partnership with the University of Central Florida. He received the USDOT/Transportation Safety Institute’s Master Certificate in motor carrier safety management compliance program. He was also appointed to FMCSA’s Motor Carrier Safety Advisory Committee (MCSAC) in 2006 and served two terms. n

ReAD SAFETY EXCHANGE

CVSA’s monthly e-newsletter is emailed out at the end of the month to members. Did you know that you can read this informationpacked resource online, too? The current issue, as well as previous editions, can be found on www.cvsa.org/safetyexchange.

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 28

R EGIO N A L NE W S

RegIon I

Pennsylvania Inspects Refrigerated Trucks

RegIonAl MAP Region I Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, US Virgin Islands and Vermont. Region II Alabama, American Samoa, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West Virginia. Region III Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Northern Mariana Islands, Ohio, South Dakota and Wisconsin. Region IV Alaska, Arizona, California, Guam, Hawaii, Idaho, Mexico, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. Region V Alberta, British Columbia, Manitoba, NewBrunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon.

GUARDIAN

(L-R) Motor Carrier Enforcement Manager Douglas Kemp, Cpl. Richard Koontz, Lieutenant Raymond Cook, Trooper Brian Livingston, Motor Carrier Enforcement Supervisor Chad Ronk stop to pose while participating in Operation Code R.E.D.

On Tuesday, April 23, personnel from the Pennsylvania State Police, Commercial Vehicle Safety Program, participated in the state’s first Operation Code R.E.D (Refrigerated Enforcement Detail). Across the Commonwealth of Pennsylvania, State Police MCSAP personnel worked alongside food inspectors from the Pennsylvania Department of Agriculture to inspect trucks transporting potentially perishable foods. As a result, troopers issued 115 traffic citations and 259 written warnings. Ten trucks were found to have violated laws specific to the safe transport of food. Of those trucks, seven had unsanitary cargo areas and three were found to be transporting potentially hazardous foods at unsafe temperatures. n

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 29

R EGIO N A L NE W S

RegIon I

new Policies and Initiatives to Improve Safe Transportation in Puerto Rico Puerto Rico’s Public Service Commission, the agency established in 1917 to prevent and promote safe transportation of passenger and goods, has recently implemented a new and innovative eﬀort to fortify and maximize security all across the public roads. The new initiative has focused on providing its constituents—those who drive and work with vehicles that transport any kind of goods or passengers for commercial purposes—with training, resources and educational materials so they can comply with the applicable laws and regulations. The Motor Carrier Safety Administration (MCSAP) in Puerto Rico, the division that works under the Public Service Commission, has been actively involved in the reinforcement, monitoring and controlling, and prevention of fatalities arising from accidents that occur from the lack of information and non-conforming procedures followed by drivers. For the new program director, José M. Miranda, this new initiative reﬂects the unending commitment of the MCSAP to decrease accidents in highways. "We are fully dedicated to preserve and assure the lives and property of

the citizens in Puerto Rico and our mission will continue to be to reduce the number and severity of crashes and hazardous materials incidents involving commercial motor vehicles (CMV),” said Mr. Miranda. With this program, Puerto Rico’s Public Service Commission plans a 20% reduction in the number of violations that have been detected over the past year. In order to attain its goal, ten inspectors, a director and eight new specialized units for surveillance have been assigned to examine and enforce all the related laws and regulations that concern vehicle registration, safety, and vehicle weigh limits. So far, the unit has made a total of 1,820 inspections of which 1,223 have been NOH-HM vehicles, 287 carrying hazardous materials and 310 for passenger transport. The Chairman of the Public Service Commission, Omar E. Negrón, said “the work undertaken by this new specialized unit, interagency collaboration and coordination have all been major steps and key to success to attain our objectives and the improvement of transportation of passengers and goods in our highways.” n

RegIon II

West Virginia Transportation officer Receives national Training Award Reggie Bunner, a Manager with the Public Service Commission of West Virginia (WV PSC) Transportation Enforcement Division, was recently honored by the Federal Motor Carrier Safety Administration’s (FMCSA) National Training Center (NTC) as the Hazardous Materials Training Programs Instructor of the Year. He received this honor during the COHMED Conference recently held in Biloxi, Mississippi. This was the first year the award has been given. As stated on the agencies website, “The Federal Motor Carrier Safety Administrations National Training Center serves as the national focal point for the development and delivery of motor carrier safety training to enhance the capabilities of participating Federal, State, and local government officials. The fundamental goal of the FMCSA is to reduce fatalities, injuries, and commercial vehicle crashes. The mission of the NTC is to provide high quality carrier safety and law enforcement training to its customers to assist in achieving that goal.”

an instructor for numerous training classes over the previous year. Mr. Bunner taught 14 Hazardous Materials classes for the NTC. He is also credited with volunteering to teach twice as often as any other instructor. “We are honored to have the WV PSC as our state partners. The goal of both agencies is to save lives through the reduction of fatalities and injuries involving commercial motor vehicles. Training is a fundamental component of that equation and we are fortunate to have Reggie as part of our team. This award reﬂects upon Reggie’s and the PSC’s commitment to our joint goal of saving lives on our nation’s highways,” said Michael Myers, West Virginia Division Administrator (FMCSA). Mr. Bunner has been a PSCWV Transportation Enforcement Oﬃcer since 1992. n

Mr. Bunner was recognized for his contributions in the development of various training materials and for the impact he had serving as

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 30

R EGIO N A L NE W S

RegIon III

IoWA Partners with Truckers Against Traﬃcking The Department of Justice estimates that between 100,000-300,000 American children are at risk to enter the sex for sale industry each year. And that doesn’t even count the 17,500 foreign nationals that also end up in the sex trade in the U.S. Human traﬃcking is a $32 billion a year industry, the second most lucrative crime in the world. In four FBI stings between 2003-2009, truck stops were one of the locations across America where more than 500 children were rescued, millions of dollars recovered and perpetrators

arrested. That’s why the Iowa Department of Transportation’s Office of Motor Vehicle Enforcement has partnered up with Truckers Against Trafficking to combat the trafficking of young people. Truckers Against Trafficking (TAT) began in March 2009 and is now its own 501c3 organization. It offers many resources: www.truckersagainsttrafficking.com, a trucking industry-specific training DVD, webinars, Human Trafficking 101 classes; train-the-trainer classes and presentations,

wallet cards truckers can carry with questions to ask, red flags to look for and the National Hotline number to call if trafficking is suspected (1-888-373-7888). The Iowa Motor Vehicle Enforcement Office has placed materials in all the state scale sites for drivers to pick up, and is working with the DOT’s Highway Division to have materials placed in all 40 rest areas in Iowa and with the Iowa Motor Truck Association to have materials placed in truck stops. n

RegIon III

Iowa launches operation Safe Commute In an effort to reduce crashes, the Iowa Department of Transportation’s Office of Motor Vehicle Enforcement (MVE) and the Iowa State Patrol have teamed up on Project Safe Commute. MVE Chief David Lorenzen stated, “we reviewed the data and identified the critical high volume travel times and days of the week when most of the crashes had occurred the past 12 months on the I 80/35 corridor in metro Des Moines area.” He explained Chief David Lorenzen that the agencies then put together a schedule to cover a 12 to 14 week time frame. The I 80/35 corridor is the interstate system that borders the Des Moines city limits. This portion of the system carries approximately 80,000 vehicles in a 24-hour period, 13,000 of those being commercial motor vehicles. Data from the previous year indicated there were 846 crashes on that corridor, five of which were fatalities. It is very difficult for officers to make traffic stops during the heavy travel times. The goal of the project is to reduce speeds and affect driver behavior over a sustainable period of time without causing congestion. A large part of the traffic on this part of the system are commuters that travel that stretch

daily from 7 am to 9 am and then again from 4 pm to 6 pm. Every lane change, merging traffic, flowing distances, distracted drivers and vehicles traveling at inconsistent speeds can lead to problems. An even flow of traffic at the posted speed limit reduces those abrupt maneuvers. The agencies assigned officers in fully marked patrol vehicles a two- to three-mile segment of the system to continually patrol. The constant high visibility has yielded positive results. Lorenzen said, “In the 23 shifts that have been conducted so far, there have been no crashes or congestion issues. Officers have noticed that the speeds on that part of the system have come down not only on days that the projects were conducted, but other days as well.” During those same dates and times the previous year in similar weather conditions there were 10 reportable crashes, two of which resulted in serious injuries. The agencies will continue this effort for the next several months and, in addition, are preparing to deploy similar projects in the other areas of the state as we work towards reducing crashes. n

RegIon IV

new Mexico holds Motor Transportation Police enforcement operation On March 4-6, the New Mexico Motor Transportation Police conducted a three-day size and weight enforcement operation at the San Jon Port of Entry in Quay County. During this operation, they conducted 263 commercial vehicle safety inspections and issued 86 citations. Of the commercial vehicles and drivers that were inspected, 47 commercial vehicles and 14 drivers were removed from our highways due to serious safety violations. In addition to the enforcement eﬀorts, they arrested one person on an outstanding bench warrant. These types of special operations will continue throughout the state in an eﬀort to ensure the safe and legal operation of commercial motor vehicles in the State of New Mexico. n

GUARDIAN

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 31

R EGIO N A L NE W S

RegIon V

Canada Awards QeII Diamond Jubilee Medals To mark the 60th anniversary of Her Majesty Queen Elizabeth II’s accession to the throne, a new honorary award has been created: the Queen Elizabeth II Diamond Jubilee Medal. This prestigious medal recognizes people who have distinguished themselves by their courage, excellence or exceptional commitment, for example by contributing to a province or territory’s development or through an achievement that makes Canada shine on the world stage.

ontario Twelve deserving sworn Ministry of Transportation Enforcement Oﬃcers received the medals:

• Peter Dodsley, Transportation Enforcement Officer (retired) • Randy egan, Transportation Enforcement Officer— Regional Operations Branch • erik eustace, Transportation Enforcement Officer— Regional Operations Branch

Nine members of Contrôle routier Québec received this national distinction: • oﬃcer Stéphane Aubin • oﬃcer Jonathan beauvais • Sergeant Patrick D’Amours

• gregory holdsworth, Enforcement Supervisor— Regional Operations Branch

• oﬃcer Pierre grimard

• Peter hurst, Director, Carrier Safety and Enforcement Branch

• Sergeant Daniel Simard

• John Metcalfe, Enforcement Supervisor— Regional Operations Branch

• Alf brown, Head, Enforcement Program Evaluation—CSEB

• Richard Robinson, Transportation Enforcement Oﬃcer— Regional Operations Branch

• Kevin Coultes, Transportation Enforcement Oﬃcer—Regional Operations Branch

• Ian Walters, Transportation Enforcement Oﬃcer 3— Regional Operations Branch

• Alex bugeya, Senior Facility Audit Administrator—CSEB

• Kerri Wirachowsky, Enforcement Program Advisor—CSEB

• oﬃcer Pierre Pratte, CVSA Coordinator

• Sergeant Stéphane Thibeault • oﬃcer Mario Tremblay • oﬃcer Joseph Wakil

Saskatchewan Traﬃc Oﬃcer Scott Mackie of the Saskatchewan Ministry of Highways and Infrastructure, Hudson Bay Detachment, also received the Queen Elizabeth II Diamond Jubilee Medal. n

A ceremony to present the medals to Ministry of Transportation Enforcement Oﬃcers was held at the Estates of Sunnybrook, Vaughn Estate in Toronto on February 20.

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 32

R EGIO N A L NE W S

LOCAL ENFORCEMENT north Texas Police Compete at the locals Regional Inspectors Challenge Oﬃcers from 11 North Texas Police Departments competed on April 15 at the Locals Regional Inspectors Challenge. This year’s competition was the largest we have had with 18 inspectors competing for the right to move on to the Texas Challenge in June. The competition was hosted by the Grand Prairie Police Department and was held at the Ruthe Jackson Center in Grand Prairie. Thanks to the assistance from three local motor carriers—Pollock Paper, Trimac Transportation and Lone Star Coaches, inspectors had some great equipment in which to test their skills. Troopers from Texas DPS assisted by setting up the vehicle scenarios, proctoring the written exam and scoring the competitors. The competition came down to total time in several categories due to score ties. At the end of the day, Alexis Crocket from Garland P.D. took First Place with Scott Hill from Lewisville P.D. taking second place. We want to wish these oﬃcers the best of luck as they move on to Texas’ State Challenge where they will compete against the other Local Regions winners. n

leadership Update By Robert Mills, Oﬃcer, Fort Worth Police Department, Commercial Vehicle Enforcement, and Locals President, Commercial Vehicle Safety Alliance As many of you have already heard, I was appointed to FMCSA’s Motor Carrier Safety Advisory Committee by Administrator Ferro. I just wanted to take this moment to thank the Administrator for having the conﬁdence in me to work with the committee. I attended the April meeting and, aside from being overwhelmed with information, it was a great meeting. All of the other members were very nice and I am excited to work with each one.

is all about uniformity. I have noticed that here in the North Texas area, our local MCSAP agencies are more uniform now than ever before. I believe this uniformity is a direct result of being CVSA members and the continuous training and local agency involvement with each other. If you are an agency or if you know of an agency that is interested in becoming a CVSA member, please have them contact CVSA or me.

As the local enforcement representative, Wes Bement (Grand Prairie, TX Police Dept.) and I have been concentrating on recruiting new members. This task has proved to be somewhat diﬃcult for either budget reasons or the local agency employs a very small amount of its resources to commercial vehicle enforcement. What I am trying to prove to these local departments that conduct roadside inspections is that a CVSA membership provides these agencies with a vast amount of updates, training and networking with other law enforcement agencies and industry representatives. It is beneﬁcial for all local inspecting agencies to join CVSA. There have been numerous occasions that I will speak to another local agency representative and during that conversation, they did not know about certain regulatory updates, out-of-service changes or new rules put in place by FMCSA. Even if I wasn’t the locals president for CVSA, I would still know about CVSA or FMCSA updates because I get (and read) the updates that CVSA emails out to the membership.

enforcement Campaign in Fort Worth

I have also learned a great deal about certain topics thanks to the webinars. Even if I miss the webinar, I can always go to CVSA’s website and watch the archived version. I would like to challenge other local agencies to work with your chain of command and become CVSA members. I would like to issue that same challenge to each industry representative to contact your local police department and if that department has a commercial vehicle enforcement unit and conducts the North American Roadside Inspection, encourage them to join. It’s not only beneﬁcial for that local department, but it’s equally beneﬁcial for motor carriers. As the number of law enforcement agencies that become members increases, the greater chance of uniformity between agencies. As each of you know, CVSA

GUARDIAN

So, just an update here in Fort Worth, we continue to concentrate a majority of our eﬀorts on motor coach enforcement and training. Thank you to our local motor coach companies for working with us to keep our roads and highways safer. Our department conducted a two-week enforcement campaign during spring break. Not only did we conduct enforcement, we also conducted training for drivers at several trucking and motor coach companies. Our oﬃcers and inspectors handed out safety and training information to carriers and the general public. Comparing our statistics from this time last year, we show a decrease in CMV and bus crashes. Fort Worth has only reported one fatal truck crash so far this year, which is a decrease from last year. Thank you everyone for all of your hard work. n

Fort Worth PD conducted an enforcement and training campaign over spring break.

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 33

R EGIO N A L NE W S

REGIONAL RAP PRoMoTIonS

ReTIReMenTS

The Colorado State Patrol is pleased to announce that Sergeant Rocco Domenico has been promoted to Captain, Port of Entry and Sergeant Tim hilferty is now Captain, MCSAP. The eﬀective date for these promotions was April 1, 2013. n

Sgt. William "Don" Rhodes retired from the South Carolina State Transport Police on June 30. He has been an active member of CVSA since 1992 and a participant in NAIC since 1993. He served CVSA in many capacities, including as Region II president, Training Committee member and, most recently, as Program Initiatives Committee chair. He also helped with the development of MCSAP Program Manager’s Course and was an instructor of the CVSA North American Standard Inspection Familiarization Course. Working with the South Carolina Trucking Association for 21 years to provide programs, guidance and enforcement to promote highway safety within the state was one of his many accomplishments. He says, “As I end my Career, many changes have taken place, with the most challenging being CSA. These changes and technology advances will take roadside inspections to a higher level. As we travel down this road, we must always keep the true mission of highway safety in sight. I hope that in some way I have made a diﬀerence to the improvement of highway safety.” n

ReCognITIonS Rebecca brewster, president and chief operating officer of the American Transportation Research Institute, received the 2013 Influential Woman in Trucking Award. The award from Navistar Inc. and the Women in Trucking Association was presented during the Truckload Carriers Association meeting on March 5. Ellen Voie, president of the Women in Trucking Association, praised Brewster’s role in research, which “has given us insights into efficiency, safety and driver well-being.” n May Trucking Company Wins oregon’s Top Safety Award May Trucking Company of Salem, Oregon is a recipient of a 2013 Governor’s Occupational Safety & Health Award. This distinctive award honors leaders throughout the state for outstanding achievement in workplace safety and health. A panel of industry professionals judges the awards and the categories include outstanding employers, individuals and associations. “We have different layers to our safety program and it's a priority to keep it alive and in the forefront of our minds all throughout the year," said Tammy Bowers May Trucking Company’s Workplace Safety Manager. Since 2003, May Trucking has seen a downward trend of time-loss claims going from 51 to just 11 in 2012. The company has been in business for over 68 years and operates a fleet of more than 1,000 tractors, providing transportation services for refrigerated and dry products throughout the United States. n

Using uStill 2012 Criteria? The new criteria went into effective on April 1. Shouldn’t you and your team have the most up-to-date resource?

Order the 2013 handbook today at www.cvsa.org/store

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 34

F R O M T H E D R I V E R ’ S S E AT

FROM THE DRIVER’S SEAT Distracted Driving Tops My list of Safety Issues By Don logan, America’s Road Team Captain; FedEx Freight professional truck driver and 2013 NTDC Grand Champion

As a professional truck driver for 26 years, Don Logan has accumulated over 2.1 million accident-free miles. He is a road driver for FedEx Freight. At the Kansas State Truck Driving Championships, he was 2006 Kansas State Rookie of the Year and a six-time winner in his class. He has won three times in the National Truck Driving Championships and was the National Grand Champion in 2012, winning in Vehicle Inspections. Don was a Kansas driver of the month in 2010. He received the FedEx 18-year Safe Driver Award and was invited to become a member of the FedEx Freight President Safety Team.

One of the most important safety issues a driver faces today is distracted driving. Awareness has come a long way in the last few years, but we still have a long way to go. Fines for distracted driving can be as high as $2,750 for CMV operators and up to $11,000 for carriers. However, from the professional driver perspective, we do not need that incentive to know that distracted driving isn’t safe. From our elevated perspective in the truck, we see it all the time. People just don’t realize that, at 65 mph, a vehicle travels 95 feet a second. So, when they look down for three or four seconds to read or send a text, their vehicle could be traveling the length of a football field without the driver watching the road. With regard to the general public, I don’t think fines for distracted driving are going to reduce the use of texting and mobile devices while driving. It’s hard for law enforcement to catch someone texting and not many fines will be issued. After an accident is over, and responsibility is determined, I believe you will see the law used after the fact. We want to correct the problem before an accident occurs. The only way we are going to get on top of this problem is to “regulate” ourselves. In our society today, everyone is used to getting immediate answers and responses. But, they are not worth people’s lives. I encourage everyone to wait until you’ve pulled off in a safe area before reading or responding to a text. In my 26 years of professional driving, I have seen all kinds of distracted driving—people putting on makeup, shaving and reading the paper, you name it. But there are so many more distractions now—texting and cell phone use, of course, but original equipment, such as radios, GPS and others devices also cause distraction. When I see distracted drivers, it makes me back off and stay away.

GUARDIAN

My Top Safety Tips

Truck drivers should increase their following distance—give yourself a little more room in case you need to brake quickly. This practice is in your control. It’s also important to maintain a buﬀer on all four sides, if possible.

There are a lot of truckers on the road with speed limiters. When passing on an interstate, back oﬀ the throttle and let trucks with slightly higher speed settings go on by to avoid creating a “moving blockade” that backs cars up behind the trucks. This will greatly improve our public image as well as congestion on the highways.

Truck drivers already know this—but we need to get the word out to four-wheelers about truck drivers’ blind spots. There are several blind spots. First, truck drivers can’t see cars directly behind the truck and we want car drivers to give us space—10-20 car lengths between the back of the truck and the front of a car. The biggest blind spot is the right side of the tractor. That spot extends from the back of the tractor to the rear of the trailer and extends three lanes over to the right. The blind spot for the left side starts beside the tractor and goes three quarters of the way to the back end of the trailer and one lane over to the left. When we do have people pass us, we would like them to pass on the left, not linger in the blind spot, and move through quickly so we can see you. In the front, we cannot see cars that are up close. The rule of thumb when passing is to not come back into a truck’s lane until you can see the entire tractor in your rear view mirror. That way, you’ve created a safe following distance for the truck. If you cut in too soon, the truck driver doesn’t have the cushion he or she needs and will have to back oﬀ the throttle to create a safe cushion—and that contributes to traﬃc congestion. n

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 35

S A F E T Y I N N O VA T O R S

SAFETY INNOVATORS hot Trucks: An Inside look at Indiana’s new Food Safety law By l. Wayne Andrews, Captain, Indiana State Police

Did this... Most people probably enjoy a great Asian stir fry occasionally or perhaps a mouth-watering chicken and beef burrito with a side of nachos. No matter which cuisine is your favorite, nobody in their right mind would knowingly consume spoiled, tainted or unsafe food. Have you ever had a meal out at a restaurant and felt poorly afterward? Maybe it’s nothing, but what if the components of the chicken stir fry you just ate were transported on a 90degree day for an 8-10 hour journey? What if you learned that a state trooper had previously pulled over the delivery truck and found the refrigeration unit was not operating or intentionally turned off to save fuel? Would it surprise you to learn that, during a roadside inspection, there was no real authority for that officer to remove over-temperature or spoiled food products from the supply chain? The sad truth is that many of us likely have consumed food transported under less than ideal conditions. The overwhelming majority of food IS transported safely by reputable, conscientious carriers employing drivers who are keenly aware of the perishable nature of the products they deliver. Notwithstanding that fact, unsafe food transportation practices have been on the rise over the last few years. This statement is true in Indiana and it stands to reason that our state, with its moderate Midwest climate, isn’t the only area where this is happening. Thanks to a new law, the Indiana State Police (ISP) is believed to be the only police agency in the United States with food safety enforcement authority over commercial vehicles. This article will explain the events which led to the 2012 passing of legislation providing that authority. Like most commercial vehicle enforcement programs throughout North America, the ISP was plenty busy addressing large truck crash reduction goals. Our initial intent when addressing safe food transportation in the Hoosier state wasn’t geared toward increasing our authority or finding more ways to regulate the transportation industry. Visual inspection

…come from a truck like this? of cargo has always been part of the CMV inspection process, but when it came to shipments of perishable food products, our authority was limited regarding the actual safety and condition of the food. Over a period of time, it became apparent that in order to make significant improvements in the safety of refrigerated food transportation, fundamental change was needed. The ISP Troopers and Motor Carrier Inspectors (MCIs) conducting CMV inspections were doing an exceptional job of narrowing in on the violators; it was up to the command to work just as hard at providing them the authority to make a difference. Finding a resolution to this growing problem became one of my most important goals from an operational standpoint. Like the field inspectors, I had become weary of the never ending repetitive nature of these violations and the sense of futility that emanated from our inability to effect change. ISP’s enforcement authority came about through a process of leaving no stone unturned as we tried to resolve what had become a significant risk to public health and safety in the Hoosier state. The Indiana State Police has a long history of service to the community and this was one area where the public needed our agency to stay on top of the problem. It was only a few years ago in Indiana that food transportation problems were no more than a nuisance-level occurrence. In 2006, the ISP Commercial Vehicle Enforcement Division (CVED) began coordinating with the Indiana State Department of Health (ISDH) to initiate a monitoring process for CMV food shipments. Early on, our efforts were essentially limited to coordinating a couple of days each year—adding “food safety checks” to our list of official commercial vehicle violations. These efforts directed our roadside inspectors, generally during the hot summer months, to specifically observe for CMVs with refrigeration problems or cross-contamination issues. The health department representative would take enforcement actions on the food violations independently of the CMV inspection process. Continued on next page

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 36

S A F E T Y I N N O VA T O R S

Continued from page 35

Our CMV inspectors had become accustomed to the intermittent frustrating inspection of some of the less reputable food transporters in Indiana. A handful of these carriers became known to us by name. They typically had other non-food related regulatory violations which impacted their ability to operate for hire in Indiana. We would see the same carriers year after year after they had exhausted the previous corporate entity’s authority to operate. We would pass the word around that “Mr. Smith”, or whoever, was operating again under new credentials, generally with the same drivers and equipment, and, inevitably, find that nothing had changed in the way of safe food transportation. We took enforcement actions on the Federal Motor Carrier Safety Regulations (FMCSRs) and state law violations, but had no authority for the actual food safety violations. FMCSA was extremely helpful addressing nonfood violations and, on more than one occasion, issued out-of-service orders on the carriers that failed to correct them. The FMCSA’s unwavering support of our efforts went a long way toward convincing local courts and state legislators that these problem carriers represented significant public safety risks. Since the FMCSRs don’t address the food safety element, it was necessary to continue searching for a more permanent resolution to the problem. We, again, turned to our sister state agency, the ISDH, to develop a more formal arrangement. The process of contacting the nearest board of health office to respond to the scene of a commercial vehicle inspection was a considerable improvement on having to stand idly by as unsafe food continued down the road. From 2009 through 2011, the problem in Indiana became so significant and time-consuming that we began ways to track the problem utilizing a couple of survey questions added into the Aspen vehicle inspection program. Together, ISP and ISDH developed guidelines to provide a work-a-round method for Troopers and MCIs to make direct contact with the nearest state or county health department when they needed assistance addressing a “bad load of food.” We distributed a “call-out roster” for health inspectors by region so that, when inspecting food haulers, our officers could call and discuss the condition and temperature of any problem shipments. For example, Indiana state health codes require beef, pork, shellfish and fish products be maintained at or below 41 degrees and raw chicken at or below 40 degrees. One of the tools provided to our roadside CMV inspectors was a laser thermometer. The ISDH provided a sufficient number of these specially selected

GUARDIAN

instruments to our agency. The laser thermometer made it possible for our inspectors to quickly ascertain the surface temperature at various locations inside the refrigerated compartment as well as the exact surface temperature of the food items in question. Although we would check the digital read-outs in the cab of the vehicle when so equipped, we did not rely on them. If officers found cross-contamination issues, such as chicken blood dripping onto produce, or temperatures beyond the maximum allowed by state health laws, they called to speak with an agent from the health department. If the information received from the roadside inspection warranted further action, the closest health department responded to impound any unsafe food. We were able to place information in the notes section of the Aspen inspection reports, but, as far as FMCSR violations, nothing specific to the unsafe condition of the food could be recorded. It was our position that this type of unscrupulous carrier was falling through the cracks. We began utilizing state and local health department inspectors so regularly that calling them out to the scene of our CMV inspections became a significant drain on their time and resources. Complicating the problem was the fact that when the health inspectors impounded tainted food products, their agency often got stuck with the bill for disposal of the bad food. Small budgets and limited personnel made it increasingly difficult for state and local health departments to keep up with the demand for their services from ISP on top of their normal workload. With command focus and excellent field enforcement activity over the period of a few years, a pattern began to emerge where we were able to ascertain that the majority of the violators were typically delivering ethnic cuisine food products to smaller Chinese, Mexican and other specialty restaurants and grocery stores. The vehicles predominately associated with these deliveries were smaller box trucks, mostly refrigerated, although some weren’t refrigerated at all. If hearing some trucks weren’t equipped with refrigeration units surprises you (as it did our personnel), it may also surprise you to learn that the ISP inspected many CMVs with products packed on ice or with drivers who attempted to “quick ship” frozen items before they could thaw. This is a huge problem in the extreme heat of summer, and leaves little room for unplanned difficulties the vehicle and driver may encounter while making deliveries. Our officers have even found seafood such as oysters, clams and other fish products stowed with luggage on commercial buses. Although nearly impossible to prove, we are certain that many of these carriers play a game to save fuel by not running the refrigeration unit. Countless times, our officers have witnessed the refrigeration unit suddenly start working again. In one instance, this practice was caught on camera by “Today Show” reporter Jeff Rossen while riding with ISP as we inspected food haulers. This practice demonstrates the lengths disreputable carriers will go to in order to cut costs with no regard for public safety. They shut off the reefer unit ostensibly intending to turn it back on before delivery so that the recipient is none the wiser. Though this isn’t the case in the majority of the food inspections, we see it frequently enough to warrant paying close attention to this. Indiana’s new food enforcement authority would not have been possible without media attention. Indianapolis NBC affiliate WTHR-Channel 13 investigative reporter Bob Segall was the first media personality to take notice of this issue. It was Bob Segall who coined the phrase, “Hot Trucks.” During Segall’s first media ride-a-long with ISP personnel, he took particular interest in our frustration dealing with these carriers. He was shocked to learn that we were essentially powerless to protect the public from unsafe food. Segall was persistent in following this story and coordinated several follow up stories with me, including additional ridea-longs and ISP interview segments. Additional reporting on various aspects of this issue gave the public a good understanding of the

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 37

S A F E T Y I N N O VA T O R S

Video of putrid meat, seafood and poultry being shipped at unacceptably high temperatures captured the interest of NBC’s Today Show reporter Jeff Rossen....A ground swell of public support prompted a call to action that couldn’t be ignored. It is important to note that, in Indiana, we placed this new law in the chapter where we adopt federal authority to inspect commercial vehicles. In our state, FMCSR enforcement is expressly under the authority of the Indiana State Police. This means that the law only addresses the vehicles we are already inspecting. Troopers and Motor Carrier inspectors perform all commercial vehicle inspections in the state. The law adopts all of the pertinent state health department rules and regulations concerning the transportation of food. So, as the state health department regulations may change in the future, it is not necessary for this new law to require amendments. It was never the intent of the Indiana State Police to become “roadside food inspectors.” We still defer signiﬁcant problems to state and local health departments, but may take enforcement action on this issue at any time whether or not a health inspector is available.

Segments on NBC’s Today Show brought important attention to “hot trucks.”

problems ISP faced when inspecting these carriers. Segall also reported on the science behind the danger of food being exposed to crosscontamination and high temperatures. He conducted follow-up investigative reporting to track not only the companies we found in violation, but also the restaurants and grocery stores that were to receive the tainted shipments. He was able to capture video footage of some of the worst food shipments being inspected. Video of putrid meat, seafood and poultry being shipped at unacceptably high temperatures captured the interest of NBC’s Today Show reporter Jeff Rossen. He picked up on Segall’s story and also reported in 2011 and 2012 on the issue. Extensive local and national coverage prompted letters and comments from concerned citizens all over the country. A ground swell of public support prompted a call to action that couldn’t be ignored. Scott Gilliam, Food Program Director with ISDH, worked closely with me to develop the work-a-round solution prior to the new law. Gilliam also was instrumental in ensuring ISP received equipment and training on state food safety regulations. Together, we worked with ISP and ISDH legal sections, at the request of the Indiana Legislative Services Agency, to draft a proposal for the new law. Indiana State Representatives Bill Davis and Robert Morris sponsored the new law and championed our cause with the Indiana General Assembly. During the hearings, Representative Davis spoke in defense of the bill and successfully garnered the support needed for its passage. ISP also enjoyed the full support of the Indiana Motor Truck Association and the Indiana Restaurant Association. Leaders from both organizations testified before legislative committees in support of the bill. During Senate hearings, they showed clips from the media coverage which enabled legislators to see evidence of some of the appalling conditions found on the hot trucks ISP was inspecting. I, along with other ISP officers, was called to testify regarding not only the need for this new authority, but also to allay concerns regarding the scope of authority contained in the new law.

Another important aspect is that if potentially hazardous food is ordered to be disposed and the driver attempts to deliver the bad food, the driver would be subject to custodial arrest under the Class-A misdemeanor section. The “run of the mill” temperature violations would warrant a citation which is the A-infraction. The typical fine for this violation in most Indiana courts is approximately $150 for the first offense. The law also ensures that the costs for vehicle impound and food disposal must be paid prior to release of the vehicle. The benefit of this feature is that local and state health departments will no longer be at risk of getting stuck with a bill for the disposal fees. Finally, the law contains a “hold harmless” feature which protects the health department and state police officers from civil action liability. It’s been just over a year since the new law was passed. We certainly haven’t reached 100% compliance rates yet, but are noticing significant strides by some carriers to improve their operations. Violations of the new state law are now recorded on the commercial vehicle inspection report which enables the inspecting officer to document all food safety violations on the inspection form under 392.2. From my experience with this issue, and the guidance received from the FMCSA and Commercial Vehicle Safety Alliance, I believe the quickest way for other states interested in enforcing the “Hot Trucks” problem is to address it as we did through state legislation. The process for new federal legislation to provide authority for roadside inspections of this type would certainly take far longer and may never be achieved. It is very satisfying to know that ISP officers no longer have the frustration of being unable to take action to protect the public from potentially dangerous food bound for the dinner table. The trade-off, however, is that many of us have a growing list of places where we will never eat again. For additional information, contact Captain L. Wayne Andrews, Indiana State Police, Commercial Vehicle Enforcement Division, 317-615-7373. n

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 38

RA D INSP ECT IO N NE W S

RAD INSPECTION NEWS Senators Release Discussion Draft of Comprehensive nuclear Waste legislation A bipartisan group of four senior U.S. senators released a discussion draft of comprehensive nuclear waste management legislation, aimed at re-energizing the eﬀorts to reach a long-term solution to our country’s highly radioactive nuclear waste. Senators Dianne Feinstein, D-Calif., and Lamar Alexander, R-Tenn.—the leaders of the Senate Appropriations Subcommittee on Energy and Water Development—and Energy and Natural Resources Committee Chairman Ron Wyden, DOre., and Ranking Member Lisa Murkowski, RAlaska, collaborated on the proposal, which builds on work by the Blue Ribbon Commission on America’s Nuclear Future.

Summary of the nuclear Waste Administration Act of 2013 Discussion Draft The Nuclear Waste Administration Act of 2013 discussion draft is intended to implement the recommendations of the Blue Ribbon Commission on America’s Nuclear Future to establish a nuclear waste administration and create a consent-based process for siting nuclear waste facilities. The bill enables the federal government to fulﬁll its commitment to managing nuclear waste, ending the costly liability the government bears for its failure to dispose of commercial spent fuel. The integrated storage and repository system established by this legislation will expand opportunities for nuclear power to supply carbon-free energy, and will provide long-term protection of public health and safety for both commercial and defense highlevel waste.

A nuclear Waste Administration The bill establishes a new federal agency, headed by a single administrator, appointed by the president by and with the advice and consent of the Senate, to manage the nuclear waste program in place of U.S. Department of Energy (DOE). It also establishes an oversight board— composed of the deputy director of the Oﬃce of Management and Budget (OMB), the chief engineer of the Army Corps of Engineers, and the deputy secretary of energy—to oversee the new agency’s administration of the program.

GUARDIAN

A Consent-based Process for Consolidated Storage and a Repository The bill directs the new agency to build a pilot spent fuel storage facility to store spent fuel from decommissioned nuclear power plants and emergency shipments from operating plants. The agency is also directed to build one or more consolidated storage facilities to store nonpriority spent fuel for utilities or defense wastes for DOE on a temporary basis. It also establishes a new siting process, applicable to both repositories and storage facilities, that requires the new nuclear waste agency to: • establish technical siting guidelines to evaluate sites; • solicit states and communities to volunteer sites; • obtain state and local (and tribal if on an Indian reservation) consent to study sites; • hold multiple public hearings before studying or selecting sites; • obtain state and local (and tribal if on an Indian reservation) consent to site a repository or storage facility; • obtain congressional ratiﬁcation of any consent agreement for a site; and • obtain a license from the Nuclear Regulatory Commission to construct and operate a repository or storage facility. Comments are being requested on the degree to which these siting requirements apply to both storage and repository siting decisions.

linkage between Storage Facilities and a Repository The bill authorizes the administrator to begin siting consolidated storage facilities immediately, and does not set waste volumes restrictions on storage. The bill proposes a requirement that while constructing and operating the storage facility, the administrator is required to continue making progress on siting and constructing a repository as measured against its own mission plan. Should the administrator or oversight board determine substantial progress is not being made on a repository, waste shipments to the storage facility (other than emergency shipments) would cease, although waste already in storage would remain there. Comments are being requested on inclusion or modiﬁcation of this linkage requirement.

nuclear Waste Fund The bill establishes a new Working Capital Fund in the Treasury, into which the fees collected from the utilities (currently about $765 million per year) would be deposited. These funds will be available to the administration without further appropriation. Fees already collected (about $28.2 billion as of January 2013) remain in the Nuclear Waste Fund, where they will continue to be subject to appropriation. n

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 39

RA D INSP ECT IO N NE W S

The Department of energy Rolls out new Packaging for WIPP Shipments The new shielded container design was recently approved for use at the Waste Isolation Pilot Plant (WIPP). The shielding provided by the container design allows generator/storage sites to package a portion of the remote-handled (RH) transuranic (TRU) waste inventory in these lead-lined containers. The approval of the shielded container enables the WIPP facility to transport, store and dispose of RH-TRU mixed waste using the same methods as those for contact-handled TRU waste. The U.S. Environmental Protection Agency (EPA) and the U.S. Nuclear Regulatory Commission (NRC) have already approved shielded containers. These containers will be transported to the WIPP facility in 3-pack assemblies in the HalfPACT transportation package. Shielded containers also comply with the U.S. Department of Transportation (DOT) requirements for a Speciﬁcation 7A Type A container. The RH-TRU mixed waste that will be packaged in these containers is the same type of waste that is currently being disposed at the WIPP facility. This waste will continue to be managed as RH waste and count against the total RH-TRU waste volume allowed for disposal at the WIPP facility as previously determined. n

halfPACT Quick Facts Cask:

HalfPACT

Manufacturer: Washington Engineered Products Department Certiﬁcation:

U.S. Nuclear Regulatory Commission Certiﬁcate Number 9279

general Description: The HalfPACT consists of two cylindrical stainless steel containment vessels protected by an outer stainless steel shell. Approximately 10 inches of high-density foam separate the two inner layers from the outer shell. The foam and outer shell protect the two inner containment vessels from potential damage. Package Type:

gross Weight:

Package (loaded with contents):

18,100 pounds

Approximate Empty Package:

10,500 pounds

Maximum Payload Weight: overall Dimensions: Outer diameter of canister: Outer height of canister:

7,600 pounds 94 inches 92 inches

Mode of Transport: Three HalfPACT containers or a combination of HalfPACT and TRUPACT-II containers may be transported on a custom designed trailer. All shipments are tracked using the DOE TRANSCOM satellitebased tracking and communication system. TRANSCOM users have access to shipping schedules, bills of lading, emergency response information, as well as real time positioning for each shipment. loading:

Top loading

owner: U.S. Department of Energy

This new shielded container design has been approved for use at WIPP.

TRU Waste Transportation Weight Summary Information Tractor 18,400-19,440 pounds Trailer 8,920-9,010 pounds (3 place trailer) 7,720-7,840 pounds (2 place trailer) loading Maximum of 3 HalfPACTs per trailer or a combination of TRUPACT-IIs and HalfPACTs (not to exceed 3 total packages) Cask Maximum Load: Empty Weight:

18,100 pounds 10,500 pounds

Totals Empty: Loaded:

36,620-38,950 pounds <80,000 pounds

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 40

RA D INSP ECT IO N NE W S

LEVEL VI 2013 CLASS SCHEDULE Under a cooperative agreement with the U.S. Department of Energy, CVSA has scheduled the Level VI Classes for 2013 to certify inspectors to conduct Level VI inspections on motor carriers and their drivers transporting transuranic waste and Highway Route Controlled Quantities (HRCQ) of radioactive materials. CVSA provides Level VI training to inspectors who meet the prerequisite of being Level I and HazMat certiﬁed. Any state that needs inspectors trained should contact Carlisle Smith, Director, Hazardous Materials Programs, at carlisles@cvsa.org or 301-830-6147. Frankford, Ky—July 22-25

level VI Inspections at a glance FFy 2012

Point of origin

en Route

Total Shipments

WIPP Shipments

813

786

1599

Private Industry Shipments

154

210

FFy 2013 (yTD)

Point of origin

en Route

Total Shipments

WIPP Shipments

285

279

564

Private Industry Shipments

nearly 3,000 emergency Responders Receive eM Training

oak Ridge, Tn—August 12-15 Reno, nV—September 30-October 3 Denver, Co—October 14-17 Austin, TX—November 4-7

NEED MORE LEVEL VI INFORMATION? The CVSA website is the place for the most up-to-date information regarding the Level VI Program. You’ll ﬁnd the minutes of the Level VI Program Committee Meetings, Level VI reports, Level VI training and public outreach schedules and more. Also, you can ask questions concerning the Level VI Inspection Program on the Level VI online forum (blog). To reach the Level VI website, go to www.cvsa.org, click on “Programs,” then click on the Level VI radiation symbol to enter the Level VI website.

GUARDIAN

The Transportation Emergency Preparedness Program (TEPP)—a DOE program managed by EM’s Office of Packaging and Transportation—ensures federal, state, tribal and local responders have access to the plans, training and technical assistance necessary to safely, efficiently and effectively respond to radiological transportation accidents. EM completed about 10,000 radioactive and hazardous material and waste shipments in fiscal year 2012. More than 2,000 responders received TEPP training in fiscal year 2012, a major accomplishment highlighted in TEPP's annual report recently released. Events, outreach, partnerships and training enabled TEPP to build radiological response capabilities of states and tribes. TEPP partnered with state and tribal instructors, the DOE Radiological Assistance Program and Waste Isolation Pilot Plant to provide 112 courses in 26 different states. An additional 844 responders received training in 57 state-taught courses that incorporated a TEPP training program on emergency response radiological transportation training. Altogether, 2,853 responders were trained in 169 classes using TEPP training materials in fiscal year 2012. TEPP also launched plans for emergency preparedness for two routes from Canada to South Carolina to support the National Nuclear Security Administration’s (NNSA) Global Threat Reduction Initiative. The initiative works to reduce and protect vulnerable nuclear and radiological materials located at civilian sites worldwide. TEPP identified locations for training, drills and exercises along the NNSA routes. The success of TEPP training has been field-proven numerous times by TEPP-trained personnel who responded to real-world radiological events. Responders said the skills they gained through TEPP training helped them respond safely and effectively. Students stated that the TEPP emergency scenarios were helpful to their careers and cited simulated drills and exercises as challenging and useful for real events. The students also said TEPP motivated them to pursue additional training. “The training was awesome,” one student wrote in an evaluation of TEPP training. “The use of real life sources put things into perspective. A wonderful class and I learned a lot from a firefighter point of view.” TEPP focuses training and outreach along active and planned DOE transportation corridors in coordination with local, state and tribal officials in the affected jurisdictions. n

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 41

RA D INSP ECT IO N NE W S

Updated level VI Train the Trainer Course a Success The Level VI Program held its Train the Trainer Course in Richardson, Texas, February 26-28. Sixteen officers were in attendance and they represented 12 states: Arizona, Colorado, Florida, Georgia, Michigan, Missouri, New Jersey, New Mexico, New York, Utah, Wisconsin and Wyoming. On their first day, students received a compressed 8-hour version of the U.S. Department of Energy’s (DOE) Modular Emergency Response Radiological Transportation Training (MERRTT). During the morning of the second day, the Level VI National Instructor Team provided a review of the regulations covering radioactive materials transportation, basic physics and officer safety reviews with a greater emphasis on work projects. A greater emphasis on hands on work projects included the students having access to TRU Pact II and Half Pact shipping containers on site and a review of inspection procedures by the National Instructors.

Level VI National Instructors, Rob Rohr and J.R. Leuis review inspection procedures with train the trainer students on the TRUPACT II shipping casks.

Beginning with the afternoon of the second day and carrying into the third day, students were given the opportunity to stand up in front of their peers and provide training on modules preselected for them. At the end of the third day, each student took a quiz based on the Level VI Program. Overall, the 2013 Train the Trainer Course was a great success with positive comments from students on the changes made to the course by the National Program. n

National Instructor Rion Stann instructs state train the trainer students.

level VI national Instructor Team Welcomes new Member

Snapshots from the new braintree, MA Class

This February, J.R. leuis of the Wyoming highway Patrol became the newest member of the Level VI National Instructor team. A native of Wyoming, J.R. started his career with the Wyoming Highway Patrol in August 1988. In September 1992, he joined the commercial carrier enforcement section. He holds certiﬁcations in North American Standard Level I Inspection, Hazardous Materials, Cargo Tank, Bus, Level VI, CMV Post Crash and Compliance Review. Leuis is a member of the Wyoming Trucking Association, where he conducts training seminars and is one of the chairs for the state truck driving championships. He is also a lifetime member of the Wyoming Highway Patrol Association, lifetime member and past president of the Wyoming Peace Oﬃcers Association, as well as a Shriner. He received his initial Level VI training in Portland/ Clackamas, Oregon in March 1995, and became Wyoming’s Level VI Train the Trainer in 2005. n

Trooper Scott Maguire of the Massachusetts State Police conducts a radiation survey during the New Braintree certiﬁcation class.

Trooper Steven Bedard of Massachusetts State Police and Inspector Dean Pisciotto of the Connecticut Department of Motor Vehicles conduct the outside practical portion of the Level VI certiﬁcation class held in New Braintree March 11-14.

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 42

CVSA LEADERSHIP eXeCUTIVe CoMMITTee PRESIDENT Maj. Mark Savage Colorado State Patrol VICE PRESIDENT Sgt. Thomas Fuller New York State Police SECRETARY-TREASURER Capt. William “Bill” Reese Idaho State Police PAST PRESIDENTS Asst. Chief David Palmer Texas Department of Public Safety Asst. Chief Steve Dowling California Highway Patrol Francis “Buzzy” France Maryland State Police

REGION PRESIDENTS Region I Sgt. Raymond Weiss New York State Police Region II Capt. Jay Thompson Arkansas Highway Police Region III Alan Martin Public Utilities Commission of Ohio Region IV Capt. Chris Mayrant New Mexico Department of Public Safety Region V Reg Wightman Manitoba Infrastructure and Transportation

REGION VICE PRESIDENTS (Non-Voting) Region I Shari Leichter New Jersey Dept. of Transportation Region II Capt. Troy Thompson Florida Highway Patrol Region III Maj. Lance Evans Iowa Department of Transportation Region IV Lt. Ken Roberts California Highway Patrol Region V Pierre Pratte Contrôle Routier Québec LOCAL PRESIDENT Robert Mills Fort Worth Police Department

LOCAL VICE PRESIDENT (Non-Voting) Oﬃcer Wes Bement Grand Prairie TX Police Department ASSOCIATE MEMBER (Non-Voting) Rob Abbott, Chair, Associate Advisory Committee American Trucking Associations FEDERAL GOVERNMENT (Non-Voting) William “Bill” Quade, Federal Motor Carrier Safety Administration (FMCSA) William “Bill” Arrington, Transportation Security Administration (TSA) Mauricio Hinojosa, Secretaría de Comunicaciones y Transportes (SCT) Ryan Posten, Pipeline & Hazardous Materials Safety Administration (PHMSA) Darren Christle, Canadian Council of Motor Transport Administrators (CCMTA), CRA Chair

CoMMITTee AnD PRogRAM ChAIRS COMMITTEE CHAIRS Associate Advisory Committee Rob Abbott American Trucking Associations Driver-Traﬃc enforcement Committee Lt. Thomas Fitzgerald Massachusetts State Police hazardous Materials Committee Maj. Lance Evans Iowa Department of Transportation Information Systems Committee Capt. William “Jake” Elovirta Vermont Department of Motor Vehicles Passenger Carrier Committee Lt. Don Bridge, Jr. Connecticut Department of Motor Vehicles

Program Initiatives Committee Vacant

PROGRAM CHAIRS level VI Inspection Capt. William “Bill” Reese Idaho State Police

Size & Weight Committee Capt. Jay Thompson Arkansas Highway Police

CohMeD Sgt. Thomas Fuller New York State Police

Training Committee Capt. Rocco Domenico Colorado State Patrol

International Driver excellence Award Vacant

Vehicle Committee Kerri Wirachowsky Ontario Ministry of Transportation

operation Safe Driver Brian Neal FedEx Ground Corp. operation Airbrake Sgt. Scott Hanson Idaho State Police Shelley Conklin Landstar Logistics

GUARDIAN

Roadcheck Captain Tim Pullin Alabama Department of Public Safety Highway Patrol Division north American Inspectors Championship (nAIC) Paul Tamburelli Checkmark Vehicle Safety Services, Inc.

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 43

2013 CVSA SPONSORS ALLIED

PREMIER

DIAMOND

PLATINUM

GOLD

SECOND QUARTER 2013

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page 44

2013 CVSA SPONSORS SILVER Austin Powder Company Cargo Transporters, Inc. Great West Casualty Company Groendyke Transport, Inc.

Intermodal Association of North America Landstar Transportation Logistics Mercer Transportation Company

Perceptics, LLC Specialized Carriers & Rigging Association STEMCO Brake Products Sysco Corporation

BRONZE ABF Freight System, Inc. Academy Express, LLC American Bus Association American Pyrotechnics Association Arizona Trucking Association Bridge Terminal Transport, Inc. Brown Line, LLC Cambridge Systematics, Inc. Coach USA

Code Corporation DATTCO, Inc. DriveCam, Inc. EQT Corporation Frontier Transport Greyhound Canada Transportation HoďŹ&#x20AC;man Transportation, LLC J. B. Hunt Transport, Inc. NATC, Inc.

National Tank Truck Carriers Old Dominion Freight Line, Inc. Praxair, Inc. Schneider National, Inc. United Motorcoach Association Usher Transport, Inc. Vogel Safety & Risk, Inc. Wal-Mart Transportation, LLC Warren Transport, Inc.

FRIENDS OF CVSA American Coatings Association, Inc. Anderson Trucking Services, Inc. Canadian Association of Oilwell and Drilling Contractors Compliance Safety Systems, LLC Currie Associates, Inc.

Ergon Trucking, Inc. Gateway Distribution, Inc. Greg Neylon J.E.B. Environmental Services LabelMaster Linde North America, Inc.

Miller Transporters Mississippi Trucking Association Quick Transport Solutions, Inc. The Trucking Attorneys

NEW CVSA ASSOCIATE MEMBERS Amazing Trucking & Logistics

On-Time Delivery, Inc.

American International Group

One Source Companies

Cordstrap USA, Inc.

Pegasus Transportation, Inc.

Drivers Legal Plan

Royal Trucking Company

FirstLab

Simply Logistics, Inc.

GLM Charter Bus Service & Repair

Steve Kent Trucking

JNJ Express, Inc.

TNT Crane & Rigging

K&B Transportation, Inc.

Transport Designs, Inc.

Kenan Advantage Group, Inc.

US Foods

Kiewit Power Constructors

Virginia Transportation

MiX Telematics North America

White Cap Construction

NASTC, Inc. As of June 24, 2013

GUARDIAN

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page C3

Are You as Prepared as You Should Be? Get the Resources You Need from the CVSA Store PRACTICAL CARGO SECUREMENT The most complete reference on the new cargo securement regulations available anywhere! This easy-to-understand book is a “must-have” for drivers and enforcement staﬀ. It covers general cargo requirements and the 11 speciﬁc commodities addressed in the regulations. Appendix includes current regulations for the U.S. and Canada. 600+ illustrations, 406 pages. enforcement Member Cost: $20 Single Copy Cost: $25

PRACTICAL AIRBRAKES—HANDBOOK & STUDY GUIDE The industry standard for driver training—providing all of the knowledge drivers need to operate their vehicles safely and in compliance with the law. It exceeds the minimum CDL requirements and covers system operation, testing and inspection, and includes review exercises at the end of each chapter. Instructor support materials also available. 100+ illustrations, 104 pages. enforcement Member Cost: $15 Associate Member Cost: $20 non-Member Cost: $25

BRAKE INSPECTION TOOL Developed especially for the CVSA Inspector! This "all-in-one" stainless steel tool includes a soap stone with adjustment slide, ruler and brake lining gauge, plus a clip keeps it from falling out of your pocket. Cost: $25

CHAMBER TECH TOOL This handy caliper tool measures an air chamber size from a type 6 to type 36, including long stroke chambers. You can use quickly with only one hand, even in those hard to reach installations. The back of tool includes a quick reference to the CVSA roadside inspection limits. Cost: $44.95

CHAINSAFE GAUGE This helpful tool measures chain thickness and wear tolerance…perfect for determining whether or not chains meet out-of-service criteria. Cost: $18

PRACTICAL AIRBRAKES—BRAKE ADJUSTMENT This book expands on the content of the Practical Airbrakes Handbook and thoroughly covers brake adjustment issues—from the importance of keeping brakes properly adjusted to proper inspection procedures. It explains the function, operation and proper inspection of self-adjusting brake adjusters—and gives you step-by-step procedures on how to re-adjust manual and self-adjusting brake adjusters. 45 pages.

CVSA BRUSHED TWILL CAP Show your commitment to the CMV safety and enforcement! Navy blue, 100% cotton, one size ﬁts all. Cost: $14

enforcement Member Cost: $15 Associate Member Cost: $20 non-Member Cost: $25

Order these and other CVSA products today! www.cvsa.org/store

Guardian_Vol20_Issue2_R7_0625_GuardianMagazine 6/26/13 9:07 AM Page C4

6303 Ivy Lane, Suite 310 Greenbelt, MD 20770-6319

View the magazine online at www.cvsa.org/guardian

2013 CVSA Annual

Conference & Exhibition

CALENDAR OF EVENTS budget Committee Meeting August 19, 2013 | Salt Lake City, UT Summer executive Committee Meeting August 19, 2013 | Salt Lake City, UT nAIC 2013 August 19-23, 2013 | Salt Lake City, UT brake Safety Week 2013 September 8-14, 2013 executive Committee Meeting September 15, 2013 | Denver, CO 2013 CVSA Annual Conference & exhibition September 16-18, 2013 | Denver, CO executive Committee Meeting September 19, 2013 | Denver, CO

Make plans now for the most important annual gathering of the commercial motor vehicle safety community.

operation Safe Driver Week 2013 October 20-26, 2013

September 16-18, 2013 Hyatt Regency Denver at Colorado Convention Center Denver, Colorado

Learn more at www.cvsa.org/events