CVSA Guardian 3rd Quarter 2012 by CVSA

GUARDIAN Volume 19, Issue 3

COVER STORY

Roadcheck 2012 Reinforces

Importance of

Brakes, Driver Fatigue Increase in Oil and Gas Drilling Operations Prompts Discussion on

Applying Gross Combination

Weight Rating and Gross Vehicle Weight Definitions

Third Quarter 2012

Safety, Environmental, Infrastructure Issues

GUARDIAN Second Quarter Volume 19, Issue 3 www.cvsa.org

IN THIS ISSUE Insight......................................................................................1 Government News.................................................................. 7 Ask the Administrator.................................................................................... 7 Citing Suspended License Violations in Aspen......................................8 FMCSA Devises Tank Vehicle Definition in the CDL and Learner’s Permit Rule.......................................................................................................8 New Commercial Motor Vehicle Awareness Training Program Encourages Active Involvement.................................................................9 FMCSA’s New Medical Certification Rule: What Does it Mean for Safety on Our Highways?.............................................................................9 Increase in Oil and Gas Drilling Operations Prompts Discussion on Safety, Environmental, Infrastructure Issues.........................................10 2012 Emergency Responders Guidebook Helps Keep Both Responders, Public Safe..............................................................................10 SCT Issues Actions to Increase Safety...................................................... 11 Cover Story............................................................................ 12 Roadcheck 2012 Reinforces Importance of Brakes, Driver Fatigue.... 12

GUARDIAN Regional News...................................................................... 26 New York State Police CVE Unit Participate in Safety Without Borders............................................................................................26 CVSA Decal Helps in the Recovery of Stolen Trailer........................... 27 North Carolina State Highway Patrol Conducts a Port Check at Morehead City........................................................................................... 27 Ohio’s Truck Shield Program Helps Drivers Assist Law Enforcement Detect Criminal Behavior..................................................28 Underinflated Tires are a Danger to Everyone!....................................28 Washington State Patrol Launches Joint West Coast Operation Fatigue Driver Effort.....................................................................................28 Arizona DPS Takes Lead in Developing Driver Awareness Regulation Training......................................................................................29 Alberta, Intelligent Imaging Systems Partner to Improve Safety with Smart Roadside Inspection System............................................... 30 Yukon Holds First Ever Passenger Vehicle Inspector’s Course, CVSA Challenge Competition.....................................................................31 Local Enforcement News............................................................................32 Regional Rap......................................................................... 34

The Roadside Inspector......................................................... 17 Inspector’s Corner.........................................................................................17 Why We Do What We Do............................................................................ 18 CVSA Committee & Program News...................................... 20 In Their Own Words: Three Candidates Make Their Case for CVSA Secretary /Treasurer Position................................................................... 20 Transportation of Fireworks........................................................................21 CMV Inspections Must Include Passenger Carrying Vehicle Enforcement...................................................................................................22 CVSA Members Participate in National Training Center PVI Instructor Webinar........................................................................................22 Jurisdictions’ Differing Policies on Issuing CVSA Decal on Re-Inspections Prompts Policy Review...................................................23 Upon Further Review: How Would You Decide Whether or Not to Remove This Carrier Violation...................................................................24 The Lifecycle of a Roadside Inspection Violation Seminar Provides Participants Guidance on How Violations Can Affect CSA Scores..24 Applying Gross Combination Weight Rating and Gross Vehicle Weight Definitions........................................................................................25

Safety Innovators..................................................................35 Active Safety - Performance On The Road, Insight From The Road – Part 2..........................................................................................35 Associate Member News.......................................................37 Changes to IRP’s Full Reciprocity Plan to Increase Efficiency, Flexibility for Member Jurisdictions......................................................... 37 International Non-Apportioned Commercial Vehicle Agreement Proposal Offers NewReciprocity Agreement........................................38 RAD Inspection News............................................................41 DOE Reaches Recovery Act Goal with Cleanup of all Legacy Transuranic Waste at Sandia Nation Laboratories............................... 41 Blue Ribbon Commisson on America’s Nuclear Future Issues Final Report to Secretary of Energy...................................................................42 Level VI National Instructor Promoted...................................................43

Guardian Ӏ www.cvsa.org Published by: Commercial Vehicle Safety Alliance Ӏ 6303 Ivy Lane Ӏ Suite 310 Ӏ Greenbelt, MD 20770-6319 Ӏ Phone: 301-830-6143 Ӏ Fax: 301-830-6144 Dedicated to government and industry working together to promote commercial vehicle safety on North American highways. CVSA Staff: Stephen A. Keppler, Executive Director Ӏ Collin B. Mooney, CAE, Deputy Executive Director Ӏ Larry D. Stern, Director, Level VI Inspection Program Ӏ Adrienne Gildea, Director, Policy & Government Affairs Ӏ William P. Schaefer, Director, Vehicle Programs Ӏ Randy J. West, Director, Driver Programs Ӏ Laura M. Zabriskie, Director, Communications & Marketing Ӏ Iris R. Leonard, Manager, Member & Program Services Ӏ Claudia V. McNatt, Manager, Meetings & Events Ӏ J. Craig Defibaugh, Controller Ӏ Wanica L. Foreman, Administrative Assistant For comments, suggestions or information, please email us at communications@cvsa.org.

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INSIGHT

letters to the editor By Assistant Chief David L. Palmer CVSA President

PRESIDENT’S MESSAGE Accurate, Timely Data:

A Real Driving Force Behind Commercial Vehicle Safety With each passing day we are learning more about how our work is positively or negatively impacting the regulated industry. We’ve done a lot of research and find that technology and the data we collect from it will drive future enforcement models by providing law enforcement and industry the capabilities to perform as efficiently and safely as possible. RFID, EOBRs, onboard safety systems, lane departure warning devices and others are just a few being evaluated. When we take it a step further and discuss harmonizing our efforts across borders, we get a much clearer understanding of the impact we can have. The data we share helps us identify driver and vehicle trends and create data-driven strategies for making improvements across the entire continent. We use crash, inspection, compliance review, size & weight, special projects, and other related safety data to allocate resources. These resources clearly include both financial and human. Financial resources involve the funding of equipment, personnel, internal & external communications, and other related areas. Human resources involve enforcement personnel of all types—Commercial Vehicle Enforcement (CVE)-certified specifically, but also non-CVE certified troopers, officers, inspectors, investigators, data entry operators, and numerous other support personnel. Accurate and timely data are essential to be able to attack problems quickly and effectively. With accurate and timely data we can assign personnel and equipment to specific problem areas. These special projects or surge operations can have specific and/or broad goals to reduce crashes, increase apprehension of overweight commercial vehicles or aggressive commercial vehicle drivers, and/or increase enforcement on

non-commercial vehicles that operate aggressively or unsafely around commercial vehicles, to name only a few options. We also need the timely and accurate data for long-term strategic planning. This allows enforcement to forecast potentially problematic trends and formulate plans to address them. This allows us to be proactive, rather than reactive. Conversely, we know how inaccurate or untimely data submitted by federal, state, and local enforcement personnel—especially crash and inspection data—can cause valuable and very limited resources to be allocated inappropriately, resulting in ineffective enforcement strategies. Troopers, officers, inspectors, investigators, and their respective supervisory chains of command have a duty to the public they have sworn to serve to do their very best in everything they do—including timely and accurate reporting of activities that generate valuable data sources. The accuracy and timeliness of this data can be directly tied to the FMCSA’s Compliance, Safety, and Accountability (CSA) initiative in targeting high-risk carriers. Good data helps us get it right, while bad data hampers our ability to get to the bad actors. The bottom line is we are all responsible for the timely and accurate submission of quality data. Enforcement’s analysis and use of this data is ultimately to prevent crashes and save lives. Our purpose is, at its core, about saving lives, and our mission needs to be built upon our collective knowledge. Transportation is vital to our lives, our economies, and our futures. We need to work diligently to ensure safety is always at the forefront in discussions about transportation. The regulated industry and the public are counting on us.

Bootlegging Business I wasn’t too keen on the idea of installing electronic on-board recorders (EOBRs) in my trucks when the Arkansas Trucking Association announced it would formally support a mandate. In fact, I hated the idea. But sitting at the lake one day, I was mulling over the reasons why I opposed an EOBR mandate. I have been in trucks since I was 16, and I wanted to continue to operate the only way I knew how. And then it hit me. The only reason I came up with to oppose EOBRs was so I could cheat. There’s no other way to dress it up. Instead of GPS tracking showing your truck was down for four or five hours repairing a flat, I wanted to tell the driver to write down one hour in his log book and get him back on the road. I wanted the ability to bend the rule. I figured I can’t go backward to those days. That’s not my nature, to go backward on anything. And EOBRs are coming. So at the beginning of 2011, I announced to our drivers we were going to log to the GPS and began a whole operational change. Many of them left. Not long after we had a customer in North Carolina who had a load coming back to Arkansas. He called me and said, ‘James, it’s not your rate that’s keeping you out of this business, it’s your time from pickup to delivery.’ Now this is a 900-mile haul and we had offered to pick up on Monday and deliver on Wednesday. I asked him to explain what the other carrier was offering. He said ‘the other carrier would deliver Tuesday.’ I told him ‘well, I can’t do that and neither can they under the hours of service rules.’ Continued on page 2 

THIRD QUARTER 2012

INSIGHT

letters to the editor By Stephen A. Keppler CVSA, Executive Director 

Continued from page 1

We didn’t get the business and that really sounded like a liability problem for the shipper to me.

EXECUTIVE DIRECTOR’S MESSAGE

Those in our industry can make whatever excuses they want for not using EOBRs. The bottom line is they haven’t wrapped their minds around how to make money legally. I mean, they might as well be bootlegging whiskey. It’s the same damn thing.

All of my previous messages have been related to the substantive side of what we do, which is certainly appropriate given the mission of Guardian. This one, however, is going to be a bit different — it is going to be about people. Because it is people that make the difference not just in what we do, but in all aspects of our lives. It is amazing to think back even 20 years to see where society was then and where we are now. In most respects there has been tremendous progress and evolution in the world to advance safety, medicine, science, technology, learning and the list goes on and on. However, it is debatable how much we have advanced when it comes to social skills.

But, for it to work, it must be for everyone. And shippers will have to get acclimated to EOBRs and what they mean. If we have a late truck then we have a late truck. Stuff happens. A driver oversleeps or his wife was in a bad mood and he couldn’t leave…whatever. Those pickups and deliveries will have to be in compliance with the hours of service rules. Or at least, that’s how it should work. EOBRs level the playing field so everyone will have to comply. James Bozeman, J.M. Bozeman Enterprises This editorial originally appeared in the February 2012 edition of the Arkansas Trucking Report. James Bozeman is president of J.M. Bozeman Enterprises, a truckload freight company in Malvern, Arkansas. You may reach him directly at james.bozeman@jmbozeman.com.

The Need for an Improved Data Q System As most CVSA members know, sound safety data is the foundation of FMCSA’s Compliance, Safety, Accountability (CSA) program. Unfortunately, attempts by motor carriers to correct erroneous data are sometimes encumbered by problems such as inundated DataQ personnel, a lag in response time, and inconsistent processes from one jurisdiction to the next. Of course, these problems impact the effectiveness of CSA. Continued on page 3

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Before you ask yourselves — what, is he crazy? — hear me out. All of these advancements in society have created increased access to knowledge, which in most cases has been and is a great thing; however, it can also lead to negative behaviors. The important component to increasing one’s knowledge and bettering oneself is in its application. The internet is a good example. It has been a tremendous tool for lots of different reasons, but it also has created a situation where people sometimes fail to pick up a phone, schedule a meeting or otherwise engage each other in face-to-face discussions. As a result, people sometimes hide behind an e-mail or text and social skills can suffer. The conversation and social engagement never takes place as it should. Throughout life, the things that make us who we are generally are borne out of positive and negative personal experiences. If you think about it, most of these situations involve personal and human interaction, not sitting behind a desk or a computer. The same goes for the memories that we hold dear to us. I say all of this because CVSA just has recently lost the services of two special people that were not just critical to the operations of the organization, but are also great people as well — Peg Gullikson and Laura Zabriskie.

Peg was with CVSA since 1994 and did a tremendous job supporting CVSA’s conferences and meetings. She was usually working behind the scenes making sure everything went smoothly and without error. Even when things did go awry, she always worked to make it right and, in most cases, no one ever noticed. However, she also was very good at working with people and engaging with the members. I, as well as many of you who know her, will miss seeing her smiling face and bubbly personality around the halls and in meeting rooms at CVSA events. Laura was with CVSA for six years. She started as a consultant and worked her way into a permanent position with the Alliance. She worked tirelessly as CVSA’s Director of Communications and Marketing and really transformed this publication from a newsletter into a great magazine. She also helped to brand CVSA and bring us front and center in a positive light to many people who otherwise would never have known who we are or what we do. She always was willing to go the extra mile and do whatever it took to get the job done, doing it with grace and a smiling face. She also was great at getting many of you to write articles for Guardian! Both of these women embodied the social skills needed not just to do their jobs and support the needs of the organization, but also to help create the social environment to bring others to do more, because they cared and others reciprocated. They were effective at doing the social engagement necessary for the betterment of the organization and the mission. People are what make the world go round, not things or technology. These two people gave so much of themselves to this organization and to the members and the mission, and they will be sorely missed. While both of them move on with their lives, I am sure they will continue to do great things. They will always have a special place in the CVSA family. I thank them for what they have done and wish them all the best in their future endeavors.

INSIGHT

TRUCKING, SAFETY GROUPS TO URGE CONGRESS TO PASS S. 1813 CVSA: EOBRS Improve Safety, Compliance, Help Law Enforcement Target Resources CVSA, along with the American Automobile Association, American Trucking Associations, and Carbon Express, Inc., on June 11, 2012 sent a message to Congress urging their support in adopting the Senate language in section 32301 of S. 1813 as part of the conference agreement on the transportation reauthorization bill. Trucking, safety, and law enforcement interests are united in their support of an Electronic On-Board Recorders (EOBRs) requirement because of the positive impacts EOBRs have on safety, compliance with hours of service regulations (i.e., how long a truck driver may legally be on duty and behind the wheel), and efficiency. “Hours of service compliance is far and away our largest driver-related safety challenge,” said Stephen A. Keppler, CVSA’s executive director. “Overall, CVSA strongly believes that EOBRs help to improve compliance, expand the enforcement footprint and increase its efficiency, as well as to help mitigate the falsification of logbooks thereby allowing it to contact more carriers and helping to level the playing field – ultimately improving compliance and safety. This in turn affects how enforcement targets their resources with respect to carriers and drivers.”

EOBRs have been shown by many fleets that have already adopted them to significantly increase their compliance rates and increase their safety performance. In addition, fleets adopting EOBRs have seen positive returns on their investment with respect to impacting their CSA scores. A video message was included in the communication to members of Congress. That message can be viewed at http://www.cvsa.org/documents/improving_safety_and_compliance_through_technology.php.

letters to the editor 

Continued from page 2

Since the advent of CSA, increased attention to motor carrier data has resulted in a surge in DataQ requests. However, there has not been a corresponding increase in funding to states to handle the increased demand. As a result, the system has suffered. Other issues plague the DataQ system as well. Since CSA is based on a comparative scoring system (e.g. a carrier in one state is compared against carriers in others), it is critical that there be uniformity in the treatment of data corrections. However, there is not. For instance, the “challenge window” (the time frame in which carriers may challenge erroneous inspection reports) varies from one state to the next. In some states, carriers are limited to 30 days and in others up to 24 months. This limitation should be consistent from state to state. Also, jurisdictions vary in their treatment of citations for violations that have been dismissed in court.

To further protect the integrity of CSA, states should adhere to FMCSA’s DataQ’s User’s Guide & Best Practices manual. These guidelines were developed by FMCSA, but states are not required to adhere to them. As a result, disparate application of them results in a lack of uniformity, which impacts comparative scoring. The manual states that when a requestor is not satisfied with the state’s determination, the State DataQs analyst is encouraged (not required) to revisit the particulars of the request with colleagues from his/her agency and State. The analyst should (but is not required) also discuss the request with the FMCSA Division Administrator (DA) or the DA’s designee. The need for a much simpler and efficient appeals process should be part of the DataQ system so that motor carriers have some significant resource to challenge DataQs responses from. Also, the DataQ’s website should be easier to navigate so that drivers requesting a data review can easily locate the information.

The Data Q’s process can and should be improved, which in turn, will make CSA more effective. Since CSA is a system based on comparative scoring, uniformity is imperative. The solutions for improving the DataQ process are very straight forward. FMCSA should develop and execute a collaborative strategy to improve the DataQs process. The approach should be compromised of these elements. First, the agency should provide additional funding to states to deal with the surge in DataQs requests. Second, the agency should compel states to adhere to DataQs guidelines to ensure consistent responses to DataQs appeals. Lastly, FMCSA should implement a strong appeals process so that carriers have some significant resource to dispute DataQs responses from their relevant jurisdictions. Shazia Noreen, American Trucking Associations

THIRD QUARTER 2012

INSIGHT

knowledge matters By Darren Christle, MPA, BA, CITT, P.Log, MCIT, Executive Director, Motor Carrier Division, Province of Manitoba, CVSA, Past President 2008

Opportunities Abound with Intelligent Transportation Systems and Commerical Vehical Operations What are intelligent transportation systems? ITS, or Intelligent Transportation Systems, are applications that have evolved through the advent of technology. They aim to provide innovative services related to various modes of transport by allowing users to be better informed. The information that is obtained from use of these systems can be used to enhance safety, security, environmental accountability, productivity and efficiency. As such, these systems have many practical and policy considerations in regard to transport networks and commercial vehicle operations.

time, applications for use in commercial vehicle operations has only just begun. RFID technology has the potential to enhance transportation systems in a variety of ways. One of these being the application of ITS in the area of law enforcement is the utilization of RFID. In the motor carrier industry, tags can be affixed to both tractor and trailer and contain a unique serial number to reference carrier and vehicle credentials, as well as cargo invoice information and manifest data. An advantage of RFID technologies over previously used bar codes is that the technology allows for reading and capture while the RFID tag

nificantly enhance inter-modal efficiency and productivity for both freight and passengers. As they can be tracked in real time, schedules can be arranged so there is minimal delay and can maximize the efficiency of resources. As a result of the move to a global economy, there is an ever-increasing demand for services in the transportation sector. The use of RFID has become an industry trend that can provide functional capabilities, cost benefits, and economic benefits to all aspects of the transport industry.

With the ever increasing demand in our global economy the use of ITS is proving to be beneficial for all stakeholders in the transport industry. The European Union defines ITS as “systems in which information and communication technologies are applied in the field of road transport, including infrastructure, vehicles and users, and in traffic management and mobility management, as well as for interfaces with other modes of transport.” Accordingly, there are broad implications for transportation systems, including many that will have a direct impact on commercial vehicle operation (CVO). The current industry trend appears to support robust uptake in the use of Intelligent Transportation Systems for commercial vehicle operations. With the ever increasing demand in our global economy the use of ITS is proving to be beneficial for all stakeholders in the transport industry. Commercial Vehicle Operations and Law Enforcement Global events have forced many countries to attempt to enhance security and law enforcement, including the monitoring of commercial vehicle operations. Although Radio Frequency Identification (RFID) has been in use for some

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is moving and does not require a direct line of sight. When combined with GPS systems, it can be used to ensure seamless end to end tracking and visibility from a global, national or local perspective. Some border crossings between Canada and the United States have tag readers that are placed at points prior to arriving at the crossing which enables border staff to preview information. This allows them to assess the carrier prior to arrival and decide whether more inspection is required or the vehicle can pass through the border with minimal delay while increasing security and facilitating trade. Electronic seals for in-bound transport provide better assurances of cargo safety and security, especially where Dangerous Goods or HazMat loads are involved. Other potential law enforcement applications through the use of ITS-CVO include emergency vehicle notification systems, automatic road enforcement & triage, variable speed limit enforcement and data capture, collision avoidance systems, and dynamic traffic light sequencing. The use of ITS may also provide an opportunity to sig-

ITS-CVO in Europe is currently focused on CMV weight enforcement, taxation, fee collection, safety inspections, and international border crossing tracking and processing. When emerging technologies are interfaced with existing technologies such as weigh-in-motion, transponders, and centralized databases, law enforcement can consider flexibilities in approaches which could enhance emission reduction benefits, routing efficiencies, and reduce the need for CMVs to stop at inspection stations. The FMCSA’s Commercial Vehicle Information Systems and Networks (CVISN) program is a good example of how government deployment of ITSCVO can augment integration of ITS systems. In Canada, the federal government does not provide funding to provinces for ITS-CVO deployment, thus domestic and international applications are not as robustly provided at this point in time. ITS-CVO technologies are an emerging area of interest in both the private and public sectors and opportunities abound when we can collectively consider “what-if?”

INSIGHT

The Legislative & Regulatory Rundown By Adrienne Gildea, CVSA, Director, Policy & Government Affairs

Deadline Looms, Work Continues on Highway Bill At the time of publication, the House and Senate Conferees were working diligently to complete a transportation bill before the June 30th deadline. According to reports, work had been primarily at the staff level through much of May, as the two chambers worked to reconcile as much language as possible. Major hurdles for the negotiations included issues like environmental streamlining, electronic on-board recorders, and the controversial coal ash and Keystone Pipeline provisions. After weeks of guarded optimism, discussions hit a road block in early June and talk turned to an extension. After a week of finger pointing and political posturing, however, Conference Committee leaders Boxer and Mica worked with Speaker Boehner and Majority Leader Reid to push through and as the June 30th deadline approached many Members began to express hope that a bill could be completed without needing an additional extension. Senator Boxer and Congressman Mica and their staffs were working tirelessly to prepare language agreeable to both parties on the transportation provisions, leaving the more controversial issues for leadership to resolve. While Members on Capitol Hill expressed optimism, many in the transportation community agreed that an extension would be necessary, if only for a few weeks, even if all the issues could be worked out. Staff would need time to draft language to reflect the agreements reached, which takes time, and the measure still would need to pass both the House and Senate before heading the President for his signature.

Congress Begins FY2013 Appropriations Process Congress has also begun the appropriations process for FY 2013. In April, the Senate Appropriations Committee approved its FY 2013 appropriations bill. The bill contains a slight increase in FMCSA grant funding, up from $307,000,000, to $308,624,000. In addition to the $308 million, the committee provides $16,000,000 for “border facility improvements and information technology modernization efforts for FMCSA operations and programs.” In addition to the funding, the Senate bill highlights a number of critical initiatives underway at FMCSA of particular interest to the Committee, including the Safety Fitness Determination Rulemaking related to CSA, efforts to target chameleon carriers, and EOBRs. In June, the House Appropriations Committee considered and approved their transportation bill. Unlike the Senate, the House bill freezes funding levels for FY 2013 at $307 million. Like the Senate, House Appropriators call special attention to the chameleon carrier issue, instructing FMCSA to use $5 million from the agency’s operations budget to “implement a riskbased monitoring of all motor carriers for chameleon carrier characteristics”, a recommendation from GAO. The Committee also directs the agency to work with industry to address concerns with CSA scoring. The House bill, which also includes funding for Housing and Urban Development pro-

Proposed Senate & House FY 2013 Funding Levels SENATE • MCSAP - $213,624,000 -- Basic MCSAP - $168,000,000 -- New Entrant - $29,000,000 -- High Priority - $16,624,000 • CDL - $30,000,000 • Border - $32,000,000 • PRISM - $5,000,000 • CVISN - $25,000,000 • Safety Data - $3,000,000

HOUSE • MCSAP - $168,000,000 -- Basic MCSAP -- New Entrant - $29,000,000 -- High Priority - $15,000,000 • CDL - $30,000,000 • Border - $32,000,000 • PRISM - $5,000,000 • CVISN - $25,000,000 • Safety Data - $3,000,000

grams, has drawn a veto threat from the White House, which argues that the funding levels are too low and would cost jobs. Neither the House nor the Senate bill had made it to the respective chamber’s floor for consideration.

Fight Against Exemptions Continues Meanwhile, those in the agriculture industry continue to pursue legislative exemptions from federal safety requirements through any means possible. Included in the Senate Appropriations Committee’s FY 2013 transportation bill is a vehicle weight exemption for a portion of Highway 41 in Wisconsin, which will soon be re-designated as interstate lane miles. The exemption grandfathers in any vehicles currently operating over the federal limit when the change takes place. Many worry that the inclusion of this exemption will pave the way for many similar requests in the future, further complicating enforcement efforts and compromising safety. The exemption met some opposition from safety groups, as well as the Alliance, and as a compromise the Committee also included the size & weight study language from the Senate transportation reauthorization proposal (S.1813) in the appropriation measure. An exemption from the requirement to obtain a hazardous material endorsement for certain CDL drivers was also introduced during consideration of the Senate Farm Bill in June. However, that amendment was not included in the final group of amendments considered on the Senate floor. CVSA maintains that any and all exemptions from federal motor carrier safety regulations should be at the discretion of the appropriate agency, after that agency has had an opportunity to assess the likely safety impacts, a process which already exists within US Code.

THIRD QUARTER 2012

INSIGHT

DOT Initiatives Moving Forward DOT has made progress on a number of outstanding items over the past few months. In April, FMCSA published its final rule on the National Registry of Certified Medical Examiners, establishing training, testing and certification standards for medical examiners who certify CMV drivers for their CDLs. The agency also published a rule targeting chameleon carriers. Following publication of the rule, FMCSA conducted the agency’s largest ever crackdown on the motorcoach industry, shutting down 26 bus operations, declaring them imminent hazards to public safety. In June, the agency issued a final rule, effective immediately, eliminating the requirement for drivers operating intermodal equipment to submit— and intermodal equipment providers to retain—driver vehicle inspection reports (DVIRs) when the driver has neither found nor been made aware of any defects in the IME. The agency has also extended the deadline for comments to the proposed changes to the SMS system used for CSA scoring. The comment deadline is now July 30th.

FMCSA Issues Clarifications, Guidance, Etc. In early June, FMCSA issued a clarification regarding two existing HOS exemptions for oilfield operations: • The 24-hour restart would apply to carriers that provide direct support to oil and gas well sites, including hauling the water that is used in the fracking process, and hauling waste away from the site. • The waiting time exception for drivers of specialized vehicles would apply only to drivers of equipment that is specially built for well service, and who have been trained in the operation of that equipment.

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The agency further clarified that drivers who haul supplies, equipment and materials, such as sand and water would not be eligible for the waiting time exception, even if their trucks have been somewhat modified or if they have extra training. Earlier, in May, the agency published a notice of regulatory guidance and applicability of “tank vehicle” definition, which was effective May 24, 2012. This guidance was published in response to industry concerns regarding the new definition, which could be interpreted to include empty containers included in the manifest. FMCSA did not mean to include such movements, as indicated by the guidance. FMCSA also issued clarifying guidance to the states for interpreting the definition of Gross Vehicle Weight Rating (GVWR) and Gross Combination Weight Rating (GCWR). FMCSA also officially published a retraction of the EOBR rule that was struck down last fall. This is primarily an administrative step to officially remove the vacated language from federal records. Because FMCSA was forced to vacate the entire rule, the agency also republished a statutory requirement that the agency revoke a carrier’s operating authority for failure to comply with safety fitness requirements, if that carrier is deemed ‘unfit’. This was necessary because the requirement was included in the now rescinded EOBR rule. NHTSA, meanwhile, published its much anticipated Notice of Proposed Rulemaking requiring that electronic stability control systems be installed on ‘heavy vehicles’.

ATA, FMCSA Continue Battle Over Crash Accountability Earlier this year, FMCSA announced that it would be putting off publication of its crash accountability standards, in order to conduct additional research on the issue. This drew harsh reactions from industry and ATA has called upon the agency to release its Crash Accountability Study.

GOVERNMEN T NE WS

Ask the

Administrator Federal Motor Carrier Safety Administrator Anne S. Ferro answers your questions

How can we alert intercity bus passengers to illegal and unsafe motorcoach companies and make a difference for safety?

Last year was the worst period in recent history for motorcoach safety, but we intend to make sure that remains the exception, not the rule. Our bus strike forces continue. The number of bus inspections and reviews has increased too. We have used all the new data collected by our state law enforcement partners and FMCSA safety investigators to bring to a conclusion an unprecedented one year investigation of dangerous and illegal bus companies. On May 31, FMCSA announced the shutdown of 26 bus operations along the I-95 corridor. These companies combined carried almost 2,000 people per day and showed flagrant disregard for the public’s safety by using drivers without valid commercial driver’s license or medical qualification certificates and drivers who were not properly drug tested; drivers who had exceeded the maximum number hours they could drive, and buses that were mechanically unsafe and in disrepair. The bottom line is this: if a bus company puts its passengers’ safety at risk – we will shut them down. With your help, we have done this and we will keep doing it. For passengers, we must continue educating riders to choose safety over price. Earlier this year FMCSA developed a free smartphone App called

SaferBus that allows passengers to compare the safety records of various bus companies. We hope you’ll download the SaferBus App, share it with friends and use it to help answer the public’s questions. Consumers need to know that the time to quickly look up a bus company’s safety record is time well spent. The same information is on our website at http://www.fmcsa.dot.gov/ safety-security/pcs/Index.aspx if you don’t have an “i-device.” Motorcoach passengers expect and deserve to arrive safely at their destinations every trip and every time. Working together, we will make sure they do.

Q How successful are US DOT’s efforts to tackle distracted driving so far?

For the past three years, distracted driving has been a top concern for US DOT under the strong safety leadership of Secretary LaHood. Back then, only 18 states had anti-texting laws and another seven states had complete bans on the use of hand-held devices. Now, we’re up to 39 states with texting bans and 10 that ban all handheld phone use. With the assistance of our state and local partners, FMCSA has implemented its texting and hand-held cell phone bans – safety standards that drive home the fact that nothing is so important that drivers should risk their own life and the lives of innocent people for a message or phone call. We know that combining good laws with effective enforcement and a strong public education campaign can truly change unsafe driving behavior. Because of your diligence, more than 1,300 truck and bus drivers and over 1,000 carriers have been cited for using or allowing a driver to use cell phones while driving since the new hand-held cell phone ban became law. Last year, in the first year for the texting ban, we recorded 630 driver violations. So far this year, 774 drivers have been issued texting violations. We have put a dent in distracted driving but we have more work to do. CVSA’s members have an important role to play. One of out of every ten highway deaths is caused by distracted driving and that is why I continue to urge all of you to spread the word about these bans on texting and hand-held cell phone use by CMV operators. We will not rest until every American understands

how dangerous distracted driving is. It is our responsibility to require truck and bus drivers to obey the law. They are bans we all can literally live with. Thank you to all of you who are helping us end distracted driving. Your direct contact with drivers and companies affects behavior and makes safety happen.

How will law enforcement be impacted by the new rule establishing a National Registry of Certified Medical Examiners?

In April, FMCSA issued a new safety rule that requires healthcare professionals who perform medical examinations for interstate truck and bus drivers to be trained, tested and certified on the specific physical qualifications that affect a driver’s ability to safely operate the vehicle. This rule also creates an online database of medical examiners who have completed the FMCSA certification process. The National Registry does not change any of the existing regulations regarding the qualifications standards of truck and bus drivers or the types of medical professionals that are able to perform their physical examinations. The goal is to ensure that the examiners understand FMCSA’s medical standards to avoid issuing medical cards to drivers who should not be driving a truck or bus. By holding medical examiners accountable to high standards of practice, we raise the bar for safety by eliminating crashes and saving precious lives. FMCSA has begun drafting a Notice of Proposed Rulemaking for a follow-up regulation regarding transfer of the driver data directly from the Medical Examiner through the National Registry to the State Driver Licensing Agencies. Enforcement personnel will then have the opportunity to check the CDLIS or other state licensing tools to obtain information on the driver’s medical certificate status. In the meantime, officers should continue to request the driver’s paper medical certification on level I and level III inspections. Go to http://nrcme.fmcsa.dot.gov to learn more about the National Registry of Certified Medical Examiners. I truly value our partnership and the incomparable service you provide in keeping the American people safe on our highways. Have a question? Send it to AskFMCSA@dot.gov.

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Citing Suspended License Violations in Aspen By Tom Kelly, FMCSA, Chief, Compliance Division FMCSA recently released an update to the Aspen inspection software to allow better documentation of drivers operating a commercial motor vehicle (CMV) with a suspended license. This update will reduce inconsistency in codes cited in Aspen by highlighting the differences between 49 Code of Federal Regulations (CFR) §§ 383.51(a), 383.23(a), 391.11, and 391.15(a). The regulations in 49 CFR Part 383 apply to all drivers required to hold a commercial driver’s license (CDL) to operate a CMV (which, for CDL purposes, is defined in §383.5). Specifically, the prohibition for operating a CMV with a disqualified CDL is found in §383.51(a). In Aspen, if an inspector documents a driver operating a CMV that requires a CDL, and that driver’s CDL or driving privileges have been revoked, suspended, canceled, or otherwise disqualified, the inspector should record the violation as 383.51(a). Inspectors should only use 383.23(a) for a driver

FMCSA Devises Tank Vehicle Definition in the CDL and Learner’s Permit Rule On May 9, 2011, FMCSA published the “‘Commercial Driver’s License Testing and Commercial Learner’s Permit Standards” final rule to revise the definition of ‘‘tank vehicle’’ to include any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons. The definition changed from the notice of proposed rulemaking’s definition of a single tank with an aggregate capacity of 1,000 gallons. This change was made in response to comments to the rulemaking docket. The revised definition impacts drivers required to have a tank vehicle endorsement, especially those transporting intermediate bulk containers (IBCs). The effective date of the final rule was July 8, 2011. Although the Agency granted a rulemaking petition from the American Trucking Associations regarding the definition, FMCSA recommends

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operating a CMV that requires a CDL if that person has not been issued a CDL. In contrast, 49 CFR Part 391.15(a) applies to drivers who are operating a CMV that does not require a CDL (which, for non-CDL purposes, is defined in §390.5). In Aspen, if an inspector documents a driver who is operating a non-CDL CMV, and that driver’s license is suspended, the inspector should record the violation as 391.15(a). Aspen now provides a pop-up message to remind inspectors of this change and ask for consideration in determining the appropriate regulation cited for the license violation discovered. In either case, detailed notes entered into Aspen by the officer to document the violation can explain the facts the inspector used in making their determination. FMCSA has also changed the Safety Measurement System (SMS) severity weightings associated with license suspensions to allow for a more accurate assessment of the safety impact of these violations. States may suspend a license, or driving privileges in that state, for safety-related (e.g., reckless driving) or non-safety-relat-

that drivers affected by the tank vehicle definition obtain the needed endorsement as quickly as possible or investigate the requirements of the States in which they travel so that they do not transport tanks in States already requiring the endorsement. On May 24, 2012, FMCSA published a notice in the Federal Register to further explain the tank vehicle definition in the rule and to provide additional guidance. Below is the guidance published in the Federal Register:

Guidance Provided Commercial Driver’s License Standards; Requirements and Penalties: Regulatory Guidance on 49 CFR 383.5, Definitions. Question: Does the new definition, revised on May 9, 2011, include loaded intermediate bulk containers (IBCs) or other tanks temporarily attached to a CMV? Guidance: Yes. The new definition is intended to cover (1) a vehicle transporting an IBC or other tank used for any liquid or gaseous materials, with an individual rated capacity of 1,000 gal-

ed (e.g., failure to pay child support). When an inspector indicates a violation for operating a CMV with a suspended CDL, Aspen now asks the inspector to provide details on the underlying violation that resulted in the suspension (to the extent that the inspector can determine). There is also a difference between the driver’s state of Record (licensure) suspending the license and other states (non-state of Record) suspending the driving privileges. Aspen now asks the inspector to clarify this distinction (to the extent that the inspector can determine). These differences will now determine the severity weighting assigned to the violation in the SMS. This change, however, is not retroactively applicable to inspections conducted before the effective date. Therefore, if a state receives a Request for Data Review (RDR) through the DataQs system on a license suspension violation prior to the effective date of this change, the state does not need to review or amend the inspection data to address the two distinctions. FMCSA has released a training bulletin that provides inspectors with more technical details on these Aspen changes. To obtain a copy, please contact your respective FMCSA Division Office.

lons or more that is either permanently or temporarily attached to the vehicle or chassis; or (2) a vehicle used to transport multiple IBCs or other tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that are permanently or temporarily attached to the vehicle or the chassis. Question: Does the revised ‘‘tank vehicle definition cover the transportation of empty intermediate bulk containers (IBCs) or other tanks, or empty storage tanks? Guidance: No. The definition of ‘‘tank vehicle’’ does not cover the transportation of empty IBCs or other tanks when these containers are manifested as either empty or as residue on a bill of lading. Furthermore, the definition of tank vehicle does not cover the transportation of empty storage tanks that are not designed for transportation and have a rated capacity of 1,000 gallons or more, that are temporarily attached to a flatbed vehicle. The complete rule can be viewed at www. fmcsa.dot.gov.

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New Commercial Motor Vehicle Awareness Training Program Encourages Active Involvement The mission of FMCSA is to reduce crashes, injuries and fatalities involving large trucks and buses. To this end, and in order to encourage more active involvement by other federal, state and local law enforcement officers, the National Training Center (NTC), in partnership with commercial vehicle enforcement personnel across the country, has developed the Commercial Motor Vehicle Awareness training program (“CMV Awareness”). The purpose of CMV Awareness is to familiarize law enforcement officers with commercial motor vehicles and to provide instruction in basic commercial motor vehicle safety. While accessible to a broad audience, the training targets the road patrol officer who doesn’t routinely stop commercial motor vehicles. A web-based, stand-alone, self-paced product, CMV Awareness covers the following: • what a CMV looks like • why stop them • how to stop them

FMCSA’s New Medical Certification Rule What Does it Mean for Safety on Our Highways? By Selden Fritschner, FMCSA, Chief, Commercial Driver’s License Division History and research have shown the need for commercial motor vehicle drivers to be medically qualified in order to screen out drivers with heart disease, seizures, poor eyesight, diabetes, sleep apnea and other serious health risks that pose a risk while driving. To ensure only qualified drivers operate on our highways, they now must carry a valid medical card and have a comprehensive medical exam. For years, however, there have been concerns among a wide range of safety advocates, including the FMCSA and CVSA, about the potential for fraud when it comes to commercial truck and bus drivers carrying a valid medical card. Our investigations have shown that dishonest medical examiners have provided drivers with a valid medical certificate despite their suffering from potentially incapacitating medical conditions by falsifying or omitting crucial health history information from the examination form. Far too often our vehicle enforcement officers come across fraudulent paper certificates, conflicting expiration dates, or altered information on driver medical cards. In an informal, unscientific survey of inspectors, we learned that almost one out of every four, or 25 percent, of all medical cards examined are bad for one reason or another. At FMCSA, we knew action was warranted to reduce the amount of medical card fraud. In May of 2011, we enacted the Commercial Learner’s Permit (CLP) final rule (49 CFR 383.71), which in part requires that any person applying for a Commercial Driver License (CDL) on-or-after January 30, 2012, to carry a valid medical card and report his or her current status to the home State Driver Licensing Agency (SDLA). The rule requires drivers to submit their medical certificates to their issuing State for inclusion on their CDL, which is then posted on their driving record, thus allowing law enforcement to verify the medical card electronically.

• escorting the vehicle back into traffic

CDL holders must report the type of commercial motor vehicle operation they drive or expect to drive with their CDL to their SDLA. In addition, drivers operating in certain types of commerce must submit a current medical examiner’s certificate to their SDLA to obtain a “certified” medical status as part of their driving record.

Also included in the training are links to information on such topics as commercial driver’s licenses (Canadian, Mexican, and US) and vehicle markings.

During roadside inspections, FMCSA is pleased that CVSA inspectors are taking an aggressive approach towards assuring that all drivers carry a valid medical card. This approach is reflected in updates to the April 2012 North American Standard Out-of-Service Criteria Handbook and Pictorial published by CVSA.

CMV Awareness is posted on the FMCSA website and will soon be available at:

The new out-of-service criteria provides clarity for inspectors in examining a driver’s medical certificate and puts some teeth into the action they should take if they find a driver with a fraudulent medical card. The result is increased safety on our highways.

• what to look/ask for • writing the ticket

• www.IACP.org • www.AAMVA.org • www.CVSA.org

Simultaneously, FMCSA is rolling out a new National Medical Registry of Medical Examiners which will require State approved medical examiners be trained on the FMCSA rules and regulations before they can be listed as one of the DOT’s authorized providers.

• www.GHSA.org • www.Sheriffs.org

By the middle of 2014, all drivers will be required to have their bi-annual medical exam performed only by medical practioners listed in the Registry. Certification under the guidelines of the National Medical Registry will help assure that the practitioner will know not only the medical requirements for drivers, but also the DOT requirements. Continued on page 10

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The combination of the new CLP rule and the new National Medical Registry will eventually eliminate the need for law enforcement to ask drivers to provide the paper certificate. Results of the medical exam will be transferred electronically from the medical examiner to the National Medical Registry and ultimately to the driver’s state of record. The opportunity for paper fraud will thereby be eliminated, while at the same time we will have more quality control over examiners. Until such time as the requirements of the CLP rule and the full National Medical Registry are implemented, FMCSA encourages CVSA members to conduct increased random checks of medical certificates drivers are carrying and to immediately follow up with the doctor listed on the certificate in question. Only through aggressive actions can we ensure that certified doctors perform the medical exams, that fraud is cut down or eliminated, that the quality of information the states collect and maintain is improved, and that our highways are safer because high-risk drivers are not behind the wheel of a big rig or bus.

Increase in Oil and Gas Drilling Operations Prompts Discussion on Safety, Environmental, Infrastructure Issues During the recent 2012 CVSA Workshop and FMCSA MCSAP Leadership Conference in Bellevue, WA, FMCSA hosted a roundtable discussion on the significant increase in oil and gas drilling operations in many states across the country. The surge in oil and gas drilling operations has resulted in major increases in commercial motor vehicle (CMV) traffic to move the oilfield equipment, and to transport large quantities of supplies, such as water and sand, to the sites. The discussions focused on the related safety, environmental, and infrastructure issues. Hydraulic fracturing, or “fracking,” is the process of using fluids or gas to create cracks or open existing cracks in hydrocarbon-bearing rocks underground. The process fractures rock layers and releases petroleum, natural gas, or other substances so that they can be extracted. The purpose of fracking is to allow oil or gas to flow more easily from the formation. The fracking process may be used in areas that were not previously suitable for well drilling.

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Because of increased oil and gas drilling operations across the country, including states that had previously experienced little well drilling, FMCSA initiated a project to investigate reports that hours of service (HOS) exemptions available to certain CMV drivers involved in oilfield projects were not being implemented uniformly throughout the country. The primary misconception in the industry is that Title 49 Code of Federal Regulations (CFR) sections 395.1(d)(1), 395.1(d)(2), and 395.1(g)(2) apply to all oilfield operations – including the vehicles and drivers. However, section 395.1(d)(1) has a broader industry application than sections 395.1(d)(2) and 395.1(g)(2). Specially–trained drivers of commercial motor vehicles which are specially constructed to service oil wells referred to in sections 395.1(d)(2) and 395.1(g)(2) have specific requirements. Therefore, drivers using vehicles to provide supplies to the oil/gas field, such as water, sand, or pipe, do not meet the definition of specially–constructed motor vehicles referenced in section 395.1(d)(2), but they may qualify for the “servicing the field operations” of the well sites exemption in 395.1(d)(1). Section 395.1(d) provides two separate exceptions to the HOS rules, with the two exceptions applying to different operators. Section 395.1(d) (1) states that for drivers of CMVs used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry, any period of eight consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. This is commonly referred to as a ‘‘24-hour restart’’ of the 70 hours in eight days total on-duty time limit in section 395.3(b). Section 395.1(d)(2) states, in part, that in the case of specially-trained drivers of CMVs that are specially constructed to service oil wells, ‘‘on-duty time shall not include waiting time at a natural gas or oil well site.’’ Under the definition of ‘‘on-duty time’’ in section 395.2, drivers who are standing by at an oil well site until their services are needed would normally be considered on duty, thereby constraining the hours that they would have available to legally drive a CMV within the HOS-rule limits. This exception is often referred to as the ‘‘oilfield waiting time’’ provision. On June 5, FMCSA published revisions to the guidance to 49 CFR 395.1(d) on the ‘‘Hours of Service of Drivers’’ regulations to clarify the hours of ser-

vice exceptions applicable to oilfield operations, and requested public comments on the revisions by August 6. The regulatory guidance is being revised to ensure consistent understanding and application of the regulatory exceptions. For additional information on the guidance, or to submit comments, visit www.regulations.gov.

2012 Emergency Responders Guidebook Helps Keep Both Responders, Public Safe The 2012 Emergency Responders Guidebook (ERG), an important first responder tool, is available free of charge for first responders who may encounter accidents or incidents involving hazardous materials. The ERG is developed jointly by the US Department of Transportation (DOT), Transport Canada, and the Secretariat of Communications and Transportation of Mexico (SCT). The ERG is intended to be used by firefighters, police, and other emergency services personnel who may be the first to arrive at the scene of a transportation incident involving hazardous material. It is primarily a guide to aid first responders in (1) quickly identifying the specific or generic classification of the material(s) involved in an incident, and (2) protecting themselves and the general public during the initial response phase of the incident. The ERG is updated every four years to accommodate new products and technology. DOT distributed over two million 2012 Emergency Response Guidebooks to State Coordinators beginning in late May 2012. DOT’s goal is to place an ERG in each emergency service vehicle, nationwide, through distribution to state and local public safety authorities. To date, nearly 11 million copies have been distributed without charge to the emergency response community. Copies are made available to public emergency responders through State Coordinators in the United States of America. In Canada, contact CANUTEC at 613-992-4624 or via e-mail at canutec@tc.gc.ca for distribution information. In Mexico, call SCT at 52-5-6841275. Copies also are available commercially through the GPO Bookstore and other commercial vendors. For a PC download of the 2008 ERG and more information from Transport Canada please see: http://www.tc.gc.ca/eng/canutec/ guide-menu-227.htm.

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SCT Issues Actions to Increase Safety By the Secretariat of Communications and Transportation of Mexico In order to increase safety on highways, the Secretariat of Communications and Transportation (SCT), recently issued several actions that will enable law enforcement officers to perform better supervision. The actions strengthen FMCSA’s regulations with the aim of reducing the damage to the roads and increasing safety by reducing to 9,920.7 lbs., the maximum allowed weight in full-trailer combination established in the federal standard. Also, SCT has initiated the recruitment of 60 additional inspectors to the existing 430. Additional personnel will strengthen the capacity of the SCT Centers in the states. Further, it is projected the installation of 25 additional scales along with the 63 existing in the country, will give a greater capacity for monitoring the main federal highways of the country. The SCT also reiterates to carriers that the Federal regulations establish an obligation that the vehicles must comply with safety standards, and must be operated by qualified and trained drivers; as well as comply with the weight and dimensions established by law in accordance with the applicable legislation.

As North America’s leading commercial vehicle safety organization, the CVSA Academic Scholarship is a key aspect of the Alliance’s educational outreach initiative. The Scholarship provides two $1,000 grants to graduating high school seniors whose parent or legal guardian is a good standing member of the Commercial Vehicle Safety Alliance. This grant program is competitive in its selection criteria, uniquely tailored to recognize outstanding high school seniors. Scholarship recipients are selected by weighing academic performance and extracurricular activities. The Scholarship program is dedicated to Gary E. Curtis.

For more information visit: http://www.cvsa.org/about/cvsa_academicscholarships.php

Deadline to submit applications is

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Roadcheck 2012 Reinforces Importance of Brakes, Driver Fatigue For a period of 72 hours, CVSA and its members across the United States, Canada and Mexico were aggressively enforcing compliance with commercial vehicle safety regulations, removing high-risk carriers from the roads to ensure the public’s safety. This year, Roadcheck placed specific attention on two areas: enforcing compliance with hours of service regulations, and educating drivers and fleets about preventing driver fatigue; and, checking brake system operations and brake adjustment. “Consistently, every year we are seeing hours of service logbook violations leading by an overwhelming percentage of all driver violations cited – a total of 52.5 percent of all driver out of service violations,” said CVSA President David Palmer. “Hours of service rules are designed to reduce driver fatigue which can be a contributing factor in many large truck and bus crashes. Enforcement of hours of service limits is essential to ensuring compliance and combating driver fatigue.” To do this, during Roadcheck law enforcement emphasized checking driver logbooks and educated drivers on the importance of maintaining their logbooks, taking breaks, preventing fatigue, and driving without distractions. From June 5-7, CVSA members conducted Level I inspections and recorded results for later comparison with past years’ results. “For 25 years, FMCSA has joined forces with CVSA to support the world’s largest targeted inspection and enforcement effort aimed at commercial vehicles and their drivers,” said FMCSA Administrator Anne Ferro. “Trucking is a difficult job and a big rig can be deadly when a driver is tired and overworked. We want to prevent fatigue-related crashes and save lives by enforcing the hours of service requirements.” “We run 8.7 million miles per day at Schneider National and have been using electronic onboard recorders (EOBRs) for several years,” said Don Osterberg, the senior vice president for Safety & Security at Schneider National, speaking at CVSA’s media kick-off event June 5, 2012. “As a result, we have clear evidence that EOBRs improve compliance and ultimately improve safety.”

Several jurisdictions also used Roadcheck as an opportunity to address an alarming trend of poor vehicle maintenance and non-compliance with driver hours of service in oilfields and, especially, natural gas hydraulic fracturing operations, which have increased in number because of higher oil and gas prices and customer demand. These operations require significant commercial vehicle support, often in areas unaccustomed to heavy truck traffic. Many of these vehicles have been found to be poorly maintained, and drivers are oftentimes in violation of the legal hours of service limits. Some jurisdictions have already been conducting these kinds of activities for some time. This effort should give enforcement a bigger picture of issues previously known only on a more regional or local basis. One of the top contributing factors in large truck and bus crashes is insufficient brake system maintenance. Brake system-related violations consistently appear at the top of our Roadcheck list of serious vehicle related violations—those that result in the vehicle being placed out of service. They account for a little more than half of the total vehicle out-of-service defects found. CVSA has posted a safety tip sheet which helps to educate drivers on what they can do to ensure they are thorough in their pre-trip inspections. Examples include suggestions to check for missing, non-functioning, loose, contaminated or cracked parts on the brake system; listen for audible air leaks around brake components and lines; and check brake adjustment; among several other areas. The tip sheet can be located at www. cvsa.org/programs/documents/roadcheck2012/checklist_20120531v2.pdf.

Results from Roadcheck 2012 will be announced August 7, 2012 at CVSA’s North American Inspectors Championship (NAIC) in Minneapolis, MN.

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FMCSA Assistant Administrator Jack Van Steenburg and several USDOT commercial vehicle inspectors during Arizona Department of Public Safety’s Roadcheck.

ROADCHECK 2012: 25 YEARS IN THE MAKING

By Paul Tamburelli, CheckMark Vehicle Safety Services, VP, Government Relations, CVSA NAIC Chair As we complete Roadcheck 2012 and review the collective efforts of over 10,000 CVSA-certified Level I inspectors throughout North America who participated in one international detail lasting 72 straight hours, it is important for all of us to remember both the history and reason for this event. Roadcheck was actually established by CVSA and funded throughout the U.S. by the Office of Motor Carriers (the predecessor agency for the current FMCSA) at the request of both the trucking industry and CVSA associate membership. Industry was struggling to develop a benchmark system which they could use to compare fleets and drivers to respective out-ofservice rates throughout North America. The idea behind Roadcheck that first year was simple: Organize a single simultaneous inspection event throughout the entire country for a fixed period of time, with inspectors randomly selecting vehicles, no matter the type or condition, and perform a Level I inspection. This, in theory, would provide a snapshot in time of a large scale of both vehicles and drivers, selected purely on a random basis. Although many thought it would be impossible to coordinate, that first event went off without a hitch. I was still working enforcement and spent my first Roadcheck with the IL State Police in May, 1988 on

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I-57 at the Mt. Vernon Rest Area. I was partnering with a trooper by the name of Ed Weigler and a Master Sgt. by the name of Jim Luman. Jim was the President of CVSA that year and Ed would be promoted and eventually retired as the commander of CMV enforcement at ISP (Ed served as a committee chair and tireless worker for CVSA until his retirement). That first Roadcheck did not sit well with some segments of the industry. While in Mt. Vernon, a convoy of some 30 trucks tried to push their way past the detail, only to be met by both the State Police plane overhead and almost 50 District and CMV troopers in cars waiting patiently on the interstate as they approached the rest area. Fortunately, the lead truck decided to turn his CB Radio off and lead the way for the entire group into the inspection area. This year’s event was marked with no such issues. In fact, CVSA and the Roadcheck Program Committee chaired by Lt. Mike Junkin from the Alabama Department of Public Safety, worked with both enforcement members and industry associate membership to publicize the dates and locations for Roadcheck months in advance. Many states work with both the trucking and passenger carrier industries within their jurisdiction to promote partnerships during this event. A perfect example of enforcement and industry working in partnership to promote highway safety, improve compliance and reduce crashes took place again this year in the state of Arizona. 112 CMV Inspectors representing the Arizona Department of Public Safety Highway Patrol Bureau, ADOT-CMV Enforcement Group, FMCSA, Pinal Co. Sheriff’s Department and Prescott PD partnered with 74 industry observers and the Arizona Trucking Association. These industry observers

CO V E R S T O R Y came from throughout the state and were made up of company owners, senior management, directors of safety and directors of maintenance and drivers. Both groups gathered together on Monday for a briefing followed by a BBQ dinner in Bellemont, AZ. Industry representatives received their assignments, including safety-related briefings. They were introduced to their enforcement partner for the next three days and given the opportunity to have dinner with them and discuss their assignment. Twenty-one of the industry observers were assigned to work in roving patrol vehicles and the remaining 53 partnered for the three-day detail with an inspector at either the West or East side Parks Rest Area on I-40 at the 182 MM. Beginning Tuesday morning, the teams performed 1287 random inspections of CMV equipment over the three days. They placed a total of 182 vehicles out of service and 180 drivers out of service, citing 1923 safety violations and 15 H-M violations. A total of 313 CVSA Decals were issued to equipment that passed the 13 critical item CVSA Level I inspections during this detail. In support of the detail, representatives from both the Highway Patrol and the Arizona Trucking Association manned a “Share The Road” booth next to a specially wrapped “Share The Road” Trailer and Patrol Vehicle on the West side of Flagstaff at both a Pilot Truck Stop and Super Wal-Mart of I-40. Share the Road is a program started here in Arizona by the Arizona Trucking Association and now funded by FMCSA to educate all drivers about interacting with and around large trucks and busses The Arizona Highway Patrol also manned a booth to answer driver questions, using their Incident Mobile Command unit set up on the East side of Flagstaff at the Little America Truck Stop off I-40. The program, known as DART, or Driver Awareness Regulation Training, provide drivers with timely materials on pertinent safety issues, such as CSA, and invites drivers to ask questions regarding drivers hours of service and other enforcement issues they may not fully understand. This year found a total of 230 drivers spending 15 minutes or more at the booth While most of this story has focused on the efforts within one state, we must remember that Roadcheck is a North American event that takes place annually within every state, province and territory. One needs to look no further than the progress that has been made since that first detail in 1988 with the reduction in out-of-service rates of vehicles, drivers and hazardous materials. However, through expanding partnerships between enforcement and industry working together as they do in Arizona, we can continue to promote compliance, safety and accountability to reduce the potential for crashes that cause both injuries and deaths related to commercial vehicle incidents.

Arizona Department of Public Safety, Arizona Trucking Association Bring Share the Road to Flagstaff Roadcheck While Arizona Department of Public Safety (DPS) and ADOT officers, along with their industry partners from the Arizona Trucking Association (ATA) inspected trucks at the Parks Rest Area near Flagstaff, AZ during Roadcheck 2012, ATA volunteers and DPS officers talked to motorists and truckers alike at the nearby Pilot Travel Center and at one of the area Walmarts about sharing the road. The Share the Road program was launched by Arizona Trucking Association in 2003 through a small grant provided by the Governor’s Office of Highway Safety. The program has grown through the years, expanding to more high schools, safety and health fairs, freeway openings and gatherings of teen drivers to educate motorists on how to drive safely around large trucks and buses. In 2009, DPS began operating its TACT program in coordination with the Share the Road program to allow the organizations to emphasize both the enforcement and the educational components of a program whose sole mission is to reduce truck-involved crashes, including those that are the fault of the car driver. Visitors to the Share the Road booth at both the Pilot Travel Center and Super Walmart were invited to climb into the cab of the truck and experience the No Zones from a driver’s perspective. For many of these visitors, it was their first opportunity to sit behind the steering wheel of a tractor trailer. Volunteers and DPS officers demonstrated how easy it is for a full size DPS Cruiser car to completely disappear from view when inside the “NO ZONE.” DPS officers and ATA volunteers also handed out literature and talked to visitors about their safety belt use, refraining from texting or talking on a hand-held cell phone, and other safety issues. Over 250 passenger car motorists and travelers visited the displays during the two-day demonstration.

Local Agencies Participate in ROADCHECK 2012 By Officer Robert Mills, Fort Worth Police Commercial Vehicle Enforcement, CVSA Locals President I would like to take this opportunity to thank all of the local agencies for their participation in Roadcheck 2012. This year was a huge success in regards to participation. Here in north Texas, local agencies teamed up and conducted Roadcheck in a different city each of the three days. By conducting this type of enforcement, our efforts were widespread throughout the region. The following cities are to be commended on their enforcement efforts, Ft Worth, Arlington, Mansfield, N. Richland Hills, Burleson, Euless, Dallas County Sheriff’s Department, Grapevine, Hurst, Flower Mound, Southlake, Grand Prairie, Carrollton, Denton, Lewisville, and Houston. I’m sure there were many more local agencies that participated. There were also several industry representatives that participated and, as always, we are glad to have such a great partnership. I want to remind everyone that the most important goal each and every day is to arrive home to our loved ones. Whether you are an enforcement officer, truck or bus driver, or a passenger on a motor coach, remember that “SAFETY” is OUR business.

In addition to working together at Roadcheck 2012, Arizona DPS and Arizona Trucking Association staged several joint details throughout the year to promote the Share the Road Program, appearing at high school drivers education classes utilizing the Teens & Trucks curriculum. The next major outreach activity will occur in the fall at “Celebrate my Drive,” this September in Scottsdale, expected to draw over 1,000 teen drivers, followed by Operation Safe Driver week Oct. 14-20.

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REMINDER!!! Calling on the managers of all commercial vehicle safety inspectors, investigators and auditors! Information on the 2013 CVSA International Safety Team Award Program is now available. Please visit http://www.cvsa.org/programs/ist.aspx for detailed program and application requirements.

The purpose of the CVSA International Safety Team award is to annually recognize the efforts of the dedicated government and enforcement personnel whose efforts go above and beyond the call of duty of their normal responsibilities to ensure compliance with safety regulations and to assist with promoting education and awareness of safe commercial vehicle operations and with the general public about operating safely around commercial motor vehicles. It is to officially recognize individuals whose efforts such as these that have a significant impact on CMV safety, highway safety, and a reduction in crashes and fatalities.

Please visit http://www.cvsa.org/programs/ist_application.php to complete the Online Application form. Nominee Submissions are due July 31, 2012 to CVSA.

CVSA wishes to thank the following companies for their sponsorship of the 2012 International Safety Team

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THE ROADSIDE INSPECTOR

Inspectorâ&#x20AC;&#x2122;s corner

NAIC has not only provided me with tremendous training, good friends, and a passion for CMV safety, it has also paved the way for success in my career.

CMV Safety Requires a UNIFIED Effort By Trp. John Sova, North Dakota Highway Patrol, NAIC 2011 Grand Champion

experience but also gave me an additional appreciation for the volunteers at NAIC. I always knew they worked hard to make the event a success, but you do not get the full appreciation of the work and dedication it takes until you experience it for yourself. Although the stress of competition was not there for me, it brought a different type of stress to make sure the event ran smoothly. It also gave me a different perspective when I got to decide what the defects were going to be rather than having to find them. Overall, it was a fun and rewarding experience. I also have had many new opportunities open for me during the past year. There have been some stressful times but with these new challenges also came rewards. The success in my career over the last year, I feel, has come as a direct result of NAIC. NAIC has not only provided me with tremendous training, good friends, and a passion for CMV safety, it has also paved the way for success in my career. When I won our state competition and earned the privilege to compete at NAIC, I never dreamt of the impact it was going to make on my life. I did not realize the potential life changing event it can be. I need to personally thank CVSA and all the sponsors and volunteers for all they do to make this such a great event.

As I sit down to write my last Guardian article as 2011 NAIC Grand Champion, I must reflect over the last year while also looking to the future. The last year has been filled with excitement, anxiety, new opportunities, new experiences, new friends, and last but not least, change. We are part of an ever-evolving industry in which there is only one guarantee, things are going to change. There have been several changes to the regulations over the last year, each with their own unique challenges from enforcement and compliance standpoints. The future only guarantees the same with many new rules in the development and implementation stages. I am also experiencing change within my own agency as we try to keep pace with the challenges associated with highway safety in the oil and gas industry in western North Dakota. One new challenge I had this last year was organizing and planning the North Dakota Inspectors Championship to determine who will take my place and represent North Dakota at NAIC. It was an enjoyable and fun

We now need to turn our focus to the future. It is important to always remember how we got to where we are and learn from those experiences but we also must always continue to move forward. With that, we will soon be meeting in Minneapolis, MN to crown a new Jimmy K. Ammons Grand Champion. I wish all the competitors good luck. The only advice I can offer is to try and relax. The event places stress on the inspectors but at the end of the day, the majority of the stress experienced, we place on ourselves. I can still remember my first NAIC. During the opening ceremonies I remember a CVSA representative saying, the individual who wins will be the one who is the most comfortable at being uncomfortable. I agree with this statement as all those who compete know the regulations, it is a matter of applying them under stress. Relax, learn, have fun, and take it all in. Whether you won your local competition to get there or were chosen by leadership in your agency, you are already a winner by simply being in attendance. NAIC is an incredible event and you will take away many memories that you will forever cherish. Stay safe and I will see you in Minneapolis.

THIRD QUARTER 2012

THE ROADSIDE INSPECTOR

Why We Do What We Do

Photos of a very dangerous safety violation not just for the public but also the inspector. Inside the back brake can was a very large spring that gets depressed when air is added to it. It is the parking side of the brake can. If that spring would have broken out when an inspector was under the truck it could have injured or killed them. This violation was discovered by Trooper Mel Hurd, Commercial Vehicle Division, Washington State Patrol.

An unsecure load. Submitted by Julius Debuschewitz, B.A., Manager, National Safety Code, Government of Yukon.

This vehicle was stopped for a flat deck hauling scrap metal (mostly old pivots) in Ft. Macleod. The inspector detected numerous loose load violations and was 5.60m wide with little more than surveyors ribbons. Violation was discovered by Jeff J. Wojszel #6412, Commercial Vehicle Enforcement, Burmis VIS.

Photo of a blown air tire and loose air tank taken by Officer Jordan Bay, Whitehorse Weigh Station.

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Worn safety chain and only one strap to hold machine on the trailer. Submitted by Sgt. Rob Livingston 6338, Commercial Vehicle Enforcement, Solicitor General and Public Security, Public Security Division, Slave Lake District.

THE ROADSIDE INSPECTOR

Damaged guardrail. Submitted by Officer Robert Mills, Fort Worth Police Commercial Vehicle Enforcement.

Haz-Mat cleanup. Submitted by Officer Robert Mills, Fort Worth Police Commercial Vehicle Enforcement.

No load securement. Submitted by Officer Robert Mills, Fort Worth Police Commercial Vehicle Enforcement.

Frame crack. Submitted by Officer Robert Mills, Fort Worth Police Commercial Vehicle Enforcement.

Unsecured load-stacked bags. Submitted by Officer Robert Mills, Fort Worth Police Commercial Vehicle Enforcement. THIRD QUARTER 2012

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

EXECUTIVE COMMITTEE

In Their Own Words:

Three Candidates Make Their Case for CVSA Secretary /Treasurer Position

Trp. Steven Bedard Massachusetts State Police

Sgt. Tom Fuller New York State Police

Cpt. Bill Reese Idaho State Police

My name is Steven Bedard. I am running for the position of CVSA Secretary / Treasurer.

Hi, I am Tom Fuller, a Technical Sergeant with the New York State Police and Program Administrator of the Hazmat, Radiological and Technology Program for the NYSP Commercial Vehicle Enforcement Unit.

Why am I running for CVSA Secretary/Treasurer? I could give you one of many canned answers, but it boils down to three things.

I am a 19-year veteran of the Massachusetts State Police and have been assigned to the Commercial Vehicle Enforcement Section (CVES) for almost 12 years. I became a certified inspector in 2001 and transferred to CVES in December of 2002. In August of 2003 I competed in NAIC. That was my real introduction to CVSA and I was hooked. I competed in NAIC two more years, finishing first in the hazardous materials portion in 2004 and have been volunteering at NAIC ever since. In 2006 I became an associate instructor for NTC. Two years ago I was promoted to CVES Training Coordinator for the Region I Regional Training Academy in New Braintree, MA. This involves scheduling, instructing, coordinating and managing all of the NTC courses and personnel attending these courses. I have also assisted in the development of training courses with the University of Massachusetts used to educate our local and state police officers. I am a voting member of the CVSA Training Committee and interim VP for Region I. I believe in the mission and goals of CVSA and will dedicate myself to accomplishing those goals. Massachusetts State Police have had a long standing relationship and commitment to CVSA. I will continue this dedication to CVSA.

I have been attending CVSA for nine years now and I am currently the Chairman of the Hazardous Materials / Transportation of Dangerous Goods committee, International Vice Chair of the COHMED Program and Secretary of the Level VI Program. I have accepted each one of these positions and carried out my responsibilities to the best of my abilities because I believe in the goals of the Alliance. I am seeking the position of Secretary/Treasurer to help the Alliance pursue these goals. These goals cannot be achieved by any one jurisdiction or agency. It must be a collaborative effort on the part of Enforcement, Industry and Federal Regulators. Each and every jurisdiction from all three countries must work together with our partners from industry to work on uniform ways to ensure the safety on our roads. But none of this can happen without organizational structure and leadership. CVSA provides this structure and leadership, in a good cooperative environment. Hopefully, I will have the honor and privilege of leading the Alliance in its continued pursuit of these noteworthy goals.

1. To continue to build a strong alliance between enforcement, industry and federal regulatory agencies. New regulations need to be backed by credible data, be easily understood and enforceable at the roadside. 2. CVSA needs to continue to grow and use our credibility, longevity, and size to have a positive effect in the regulatory arena that transfers to safer roadways for all users. 3. Zero deaths on our highways! Zero deaths. Sounds impossible but shouldnâ&#x20AC;&#x2122;t we all be striving for that? On January 14, 2012, Taylor Sauer was driving west on I-84 in Idaho. Driving up a long hill, in remote Elmore County, she ran into the back of a slow moving commercial vehicle. Evidence led investigators to believe she was texting and posting on Facebook, prior to the crash. Taylor died in the crash. She was just 18. Her parents were instrumental in getting a texting law passed in Idaho following her death. One crash, one death, and so many people impacted; her family, friends, and the driver of the commercial vehicle. The list just goes on. As a manager in my state, stopping these needless deaths and the associated heartache is my #1 priority. It will also be my priority as a member of the CVSA leadership. Thank you for your support!

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

COHMED

Transportation of Fireworks By Reggie Bunner, West Virginia Public Service Commission, Enforcement Supervisor, CVSA COHMED Region II

With the summer season now upon us, inspectors across the country will see an increase in the transportation of fireworks in association with county and state fairs along with various other festivals that occur during the summer months. Inspections of vehicles transporting fireworks can present additional inspection problems, due to the fact that these vehicles are rarely encountered. Most fireworks transported on the highways in the U.S. are generally classified as class 1.3G and class 1.4G explosives. The ones classified as 1.3G are generally the larger fireworks that are used in the “big shows” such as fairs and festivals. The Class 1.4G fireworks are generally “consumer fireworks,” which an individual can buy. Aerial shells that are 10 inches or more in diameter are classified as class 1.1G explosives. Fireworks are listed in the hazardous materials table as “fireworks” with the identification numbers of UN0333 through UN0337. Don’t forget that you may see fireworks transported for use and/or storage year round but the true “busy season” is focused around Independence Day celebrations. So, when inspecting trucks transporting fireworks, keep in mind the hours of service exemption given to certain motor carriers that are members of the American Pyrotechnics Association. This exemption deals with the 14 hour rule. In short, drivers who operate CMV’s under this exemption will

be allowed to exclude off-duty and sleeper-berth time of any length, from the calculation of the 14 hour rule. These drivers are still regulated by the 11-hour driving time limit, as well as the 60 and or 70 hour weekly on-duty limits. The actual language and background discussion, and companies listed under the exemption can be read in Docket No. FMCSA-2007-28043, as well as Federal Register / Vol. 76, No. 124 / Tuesday, June 2011 / Notices. The exemption was renewed in 2011 and extends to cover the Independence Day celebration season in 2012; the exemption period is from June 28 (12:01am) through July 8, 2012 (11:59 pm). When inspecting packaging containing explosives, here are some important things to remember. Specific marking requirements for explosive hazardous materials are found in the 49 CFR section 172.320. Some of the things to be looking for are an EX approval number and when and where this number has to appear, for example: on the package or shipping paper. Some general marking requirement will also need to be verified; things like the proper shipping name, UN identification number, and the UN packaging specification marking. Also, don’t forget to check for proper package labeling, following the rules set forth in the “400” labeling section or Subpart E. (49 CFR section 172.411). When inspecting shipping papers involving explosives, here are some of the requirements found

in the 49 CFR 172 Subpart C, or the “200” section. All shipping papers should display the proper UN Identification number, proper shipping name, hazard class or division, and packing group in roman numerals (when required) for the Class I material being transported. Also, for a Class I material, quantity must be the net explosive mass. Remember the EX number can be placed on either the package or the shipping paper, also the number and type of packages must be included. Lastly, on the shipping paper there should be an emergency POC and telephone number. Don’t forget to check for proper hazardous material communications involving proper placarding and marking requirements. Per 49 CFR section 172.334 (a), explosive

1.1, 1.2, 1.3, 1.4, 1.5, 1.6 placards are listed in the category of placards that identification numbers are prohibited from being displayed on. Also, make sure to review the additional placarding exceptions found in 49 CFR section 172.504 (f), as many of these deal with Class I explosive material. When inspecting a CMV transporting explosives (fireworks), treat it like all other hazardous material inspections. Follow the steps you have found that make you a successful inspector, and, of course, your department’s policies and procedures. Be safe and hopefully you can get out to an event and enjoy some of the fireworks transported up and down the roads you work to keep safe.

THIRD QUARTER 2012

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

Passenger Carrier Committee

CVSA Members Participate in National Training Center PVI Instructor Webinar

CMV Inspections Must Include Passenger Carrying Vehicle Enforcement By Lt. Don Bridge, Jr., Connecticut Department of Motor Vehicles, CVSA Passenger Carrier Committee Chair We must continue to ensure that drivers of passenger carrying vehicles are, at a minimum, compliant with the hours of service regulations, properly licensed, and medically qualified. While working in the area of the open Union Weight/Inspection Station in CT, Inspector Stafford Browne observes a loaded motor coach pass the facility without stopping and being weighed. Inspector Browne stopped the vehicle and obtained the driver and vehicle credentials as part of his Level III inspection. The driver was unable to produce a complete set of logs for the previous seven days. With that information in hand, Inspector Browne escorted the motor coach to the truck stop one exit up to complete the inspection. Once at the truck stop, where passengers could get food or use the facilities, Inspector Browne complet-

tions on passenger-carrying vehicles and/or their drivers conduct them in a manner so as to minimize the impact on the passengers and their trip. Those vehicle and/or driver inspec-

We must be driven by the ultimate goal, that everyone who travels on our highways arrives at their destination and returns home safely and without incident. ed the inspection. While there he advised the driver to contact the motor carrier for a replacement driver. As part of the inspection, a check of the driver’s license status showed he was disqualified because of a license suspension in his home state. The driver was declared out-of-service and confirmation was made that the motor carrier had a replacement driver enroute. Several of the passengers were advised of the status as they had been concerned about their connecting travel plans in NY. This is another example of the continued need to check drivers of passenger carrying vehicles. As the CVSA Passenger Carrier Committee Chair, I understand that inspectors performing inspec-

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tions should be completed at a station, terminal, border crossing, maintenance facility or destinations whenever possible. However, we must not shy away from those times when drivers bring the attention to themselves and not stop them because one does one not want to deal with the passengers. We must be driven by the ultimate goal, that everyone who travels on our highways arrives at their destination and returns home safely and without incident. Please keep up the good work, this includes those motor carriers and drivers who chose to the right thing and operate their vehicles safely. They help us all to achieve our goals of reducing accidents and incidents on our highways and allow us to focus on those who chose to operate unsafely.

CVSA members recently participated in the Passenger Vehicle Inspection (PVI) National Training Center (NTC) Mandatory Associate Instructor Recertification Webinar which took place on several dates in May 2012. Participants included CVSA’s Passenger Carrier Committee Chair Lt. Don Bridge, PVI Instructor and CVSA member Bruce Bailey, CVSA’s Director of Driver Programs Randy West in addition to FMCSA’s Wes Barber and NTC’s Richard Morrison. This webinar establishes an annual recertification for all NTC associate staff and instructors which coincides with the North American Standard Part A and Part B courses in an effort to maintain uniformity and regulatory updates to roadside inspection personnel. This webinar will be available on the CVSA website in the near future.

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

Program Initiatives Committee Jurisdictions’ Differing Policies on Issuing CVSA Decal on Re-Inspections Prompts Policy Review By Reg Wightman, Manitoba Infrastructure & Transportation, CVSA Region V President Who would have ever imagined that a carrier would not want to receive a CVSA decal that entitled him to 90 days of inspection free driving? Well, in one situation in particular, this is exactly what is happening since the new Compliance, Safety, Accountability (CSA) model was rolled out in 2010. Allow me to explain. Under CSA, carriers are positive pointed for passing a roadside inspection in the Vehicle Maintenance BASIC (Behavioral Analysis Safety Improvement Category). Most carriers and regulators alike saw this new development as perfectly acceptable. Heck, some carriers had been lobbying for this for quite some time. However, they soon found out that when a vehicle gets ‘re-inspected’ after failing its initial inspection, things can get a little trickier – largely due to how roadside inspectors choose to capture inspection data. Picture this. An inspector stops a vehicle, puts it into an out-of-service (OOS) defect condition for one singular OOS violation/defect (and there were no other violations/defects). As a result of this, an OOS result is attributed to the carrier in its Vehicle Maintenance BASIC. After this initial inspection, the driver of the inspected vehicle repairs the OOS defect condition and the roadside inspector is satisfied that the OOS defect condition no longer exists. The inspector then decides to give the vehicle a CVSA decal, and issues the CVSA decal as part of his initial roadside inspection report. He does not conduct a new full Level I or V inspection. At the time at which the inspector is about to give the driver of the vehicle a CVSA decal for the vehicle, the driver asks the inspector whether getting this CVSA decal will count as a positive inspection result on his Carrier profile. The inspector advises him that it will not, at which point the driver then tells the inspector that he does not want the CVSA decal because he wants the opportunity to be stopped and inspected again at a later date, pass the roadside inspec-

tion, and receive a CVSA decal and a positive inspection result to go into his Vehicle Maintenance BASIC. Right then and there, the inspector starts wondering whether or not the carrier has the right to refuse the CVSA decal that he was about to affix to the vehicle. During the CVSA Vehicle Committee meetings in Rosemont, IL in April of 2011, CVSA was advised this has started to occur more and more often as carriers do whatever they can to positively affect their Vehicle Maintenance BASIC, and the above scenario presents an interesting dilemma for both state enforcement agencies and CVSA. In fact, during the 2011 CVSA Workshop, the Vehicle Committee Chair heard several different streams of thought on the whole practice of re-inspecting vehicles. First, she was advised that one or two state agencies might (in the aforementioned situation) actually consider conducting a new full Level I or V inspection and issue a CVSA decal under a completely different inspection number, thus generating a positive result. Some state agencies advised her that they would never conduct a re-inspection on a ‘just inspected’ and fixed vehicle as they consider it a waste of their time inspecting a vehicle they know will pass. Other agencies didn’t want to put a CVSA decal on a vehicle that has initially failed an inspection because they didn’t want that vehicle to be rewarded with a CVSA decal when it initially failed a roadside inspection. Still others felt that once a carrier has fixed that OOS defect condition that the vehicle should receive a CVSA decal so that the next officer wouldn’t waste his/her time inspecting a safe vehicle a few days later. At the end of the day, there were only two things that were clear. One was that different states had different policies with respect to the whole concept of vehicles getting re-inspected, and two, that carriers had the potential to be treated differently in different states. So when this rather alarming scenario was presented to the Vehicle Committee in Rosemont, IL, CVSA’s Executive Committee was subsequently asked to weigh in on the topic and provide some policy direction to state enforcement

agencies that conduct roadside inspections. As a result of this request, CVSA‘s Executive Committee then appointed an Ad Hoc Committee to study this problem and come up with a recommendation for their consideration. The recommendation from the Ad Hoc Committee was reviewed by CVSA’s Executive Committee and approved at the 2012 CVSA Workshop in Bellevue, WA and reads as follows.

A critical inspection item violation(s) (OOS or otherwise) noted during a CVSA Level I inspection that is successfully repaired on-site and re-inspected by the same inspector at the same inspection location will qualify for a CVSA decal as long as all previously noted critical inspection item violation(s) have been properly repaired. In such instances only a re-inspection of the repaired violation(s) shall be done with decal(s) being applied to the vehicle(s) and properly noted upon the original inspection. Any vehicle that is repaired off-site or inspected by a different inspector shall be required to have a complete inspection conducted in order to obtain a CVSA decal. Nothing within this policy shall require an inspector to re-inspect a vehicle, with that decision being left to the individual inspector and his/her agency.

Although this new CVSA re-inspection policy doesn’t dictate that a state agency must re-inspect a vehicle upon request, nor does it resolve the fact that a state enforcement agency may want to issue a CVSA decal upon a successful re-inspect and others may not, it does eliminate the ability for carriers to get a positive result out of a situation where their vehicle initially got inspected and was found to be in a defect condition. It also eliminates the possibility that some carriers may be treated preferentially contingent on what state they are in when inspected.

THIRD QUARTER 2012

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

Training Committee

Upon Further Review:

How Would You Decide Whether or Not to Remove This Carrier Violation By Sgt. Rocco Domenico, Colorado State Patrol, CVSA Training Committee Chair center of the shoe. The inspector writes the following violations on the inspection report: • 393.47(d) Insufficient brake linings (Non OOS) • 393.9(a) Inoperable required lamp (Non OOS) • No annual Inspection (Non OOS) • No working low air warning light. (Vehicle declared OOS)

Sgt. Rocco Domenico

What would you do? You have an officer who contacted a commercial vehicle for a broken stop lamp on June 30, 2012. Upon interviewing the driver he tells the inspector that he saw that the stop lamp was out when he did his pre-trip. The driver reported it to his supervisor, who told him to take the vehicle anyway. The driver also explains to the inspector that the visual warning for the low air pressure gauge is not working, but that the audible warning is operative. The driver explains to the inspector that he thinks his annual inspection is expired. The inspector has the driver set the vehicle for inspection and begins his walk-around. The inspector finds the annual inspection sticker but it is faded and cannot read the dates. The driver has the inspection form, but the inspector can’t be sure if the date is 1-2011 or 7-2011. The officer decides to err on the side of caution and writes the driver for no valid annual inspection. As the inspector inspects the brakes of the vehicle, he measures the brake linings on one, of the six brakes, at 3/16” thick at the

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Several weeks later, you receive a Request for Data Review on this inspection. The carrier states that the driver never spoke to any carrier official about the defective stop lamp and he didn’t know about the violation until the following day. He is asking you to remove the violation due to the fact the driver did not report the defective stop lamp immediately after the pre-trip. The carrier official uploads a clear inspection report with the VIN number for the vehicle inspected. You see a clear date of 7-102011 for the inspection. Next, the carrier official states that the defective brake lining is not a violation and in fact the lining is ¼” thick at the center of the shoe and the inspector miscalculated the dimension. To back up his story the carrier sent you a photo showing the brake lining in question with a steel tape measurement of ¼” thick. Last the carrier official does not believe that the low air warning light is an Out-of-Service (OOS) violation and that the OOS should be removed. You meet with the officer who conducted this inspection to ascertain what he saw during inspection. The officer tells you that when he was under the vehicle measuring the brake lining, the wind may have been blowing and kicking up dust, but he knows how to measure brake linings. When you ask about the annual inspection, he does state the date was difficult to read and without a clear date to show when the inspection occurred, the inspection re-

port is not valid. As for the stop lamp, he tells you that he followed the vehicle for over two miles in traffic and never saw the stop lamp work once. Last, when you ask about the low air warning light, he tells you that the lamp is very important and it is an OOS violation. Based on the information provided, in addition to referencing the North American Standard Out-of-Service Criteria, from both the carrier and the inspector, would you remove any of the violations, or would you leave the report as it was originally written? What would you do? Please submit your answers to Sgt. Rocco Domenico, CVSA Training Committee Chair by email Rocco.Domenico@cdps.state.co.us. As a result of responses, answers will be provided in the next edition of Guardian.

The Lifecycle of a Roadside Inspection Violation Seminar Provides Participants Guidance on How Violations Can Affect CSA Scores

At the 2012 CVSA Workshop in Bellevue, WA, CVSA, along with partners FMCSA, IANA and the Washington State Patrol, conducted a seminar, The Lifecycle of a Roadside Inspection Violation, to provide enforcement and the motor carrier industry guidance on how a roadside violation can affect a motor carriers CSA score. “The reason this is important is with the implementation of CSA, motor carriers are more accountable for violations discovered at the roadside,” said Randy West, CVSA’s director of

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

Driver Traffic Enforcement Committee Applying Gross Combination Weight Rating and Gross Vehicle Weight Definitions

driver programs. “Enforcement personnel need to understand the importance and validity of violations listed on their inspection reports. Through a combined effort of CVSA, FMCSA, and IANA the format was developed and put into place for those attending the 2012 CVSA Workshop.” Day one began with attendees being split into two separate groups with one group remaining in the seminar room while the other participated in an outdoor demonstration of a Level I inspection, provided by the Washington State Patrol (WSP). Questions were raised and answered in conjunction with this training. Those remaining in the room were instructed on various levels, inspection processes and questions related to other enforcement areas by CVSA’s 2012 International Safety Team Team Leader and WSP Trp. Andy Stoeckle. Questions ranged from how to properly identify a motor carrier, how to determine which vehicles to stop, and what causes a vehicle to be declared out-ofservice.

The purpose of this AMENDED policy memorandum is to provide FMCSA personnel and our State Motor Carrier Safety Assistance Program (MCSAP) partners with direction for interpreting the definition of Gross Combination Weight Rating (GCWR) and Gross Vehicle Weight Rating (GVWR) while enforcing Agency regulations. The only change is highlighted and underlined below; POLICY: When the GCWR is not marked by the manufacturer on the power unit or is not otherwise available at the time of inspection from a credible source (e.g. the manufacturer’s specifications for the vehicle), the following guidance must be used to determine the applicability of the Federal Motor Safety and CDL regulations: Should you, or members of your staff, need additional information or assistance, please contact Thomas Kelly, Chief, Compliance Division at (202) 366-1812 or by email at thomas.kelly@dot.gov.

Throughout the afternoon sessions FMCSA personnel, including Steve Piwowarski, Bryan Price, and Nikki McDavid, covered subjects including compliance reviews, interventions, DATAQs, in addition to other topics. At the conclusion of the day’s events, a roundtable discussion was held with all the days’ presenters. Questions were asked by participants and were answered by the panelists. Questions were centered around how to get inaccurate violations removed from CSA scores, what are the steps to take if a DATAQ is denied, how can I improve my motor carrier’s CSA score as well as other related questions. The overall response from those attending was positive and proved to be a great training and educational format. Future seminars may be planned. For a list of presentations and training materials used during the seminar please go to www.cvsa.org.

THIRD QUARTER 2012

REGIONAL NE WS

REGIONAL MAP

Region I New York State Police CVE Unit Participate in Safety Without Borders By Sgt. Ray Weiss, New York State Police, Commerical Vehicle Enforcement Unit, CVSA Region I President just makes sense to work together to ensure that those laws have their intended safety impact.”

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, New Brunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan, and Yukon.

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Safety Without Borders is a collaborative traffic enforcement initiative implemented in 2011 by the New York State Police, the Surete Du Quebec (the provincial police service of Quebec), and the Ontario Provincial Police, in order to improve traffic safety in the border region during holiday periods that typically coincide with high traffic volumes. In concept, Safety Without Borders seeks to achieve a seamless level of traffic enforcement across international political boundaries and to raise public awareness of the efforts to achieve compliance with traffic safety laws. In addition, a robust traffic enforcement program contributes significantly to crime prevention and counter-terrorism, and these secondary missions may also be achieved. The state and provincial agencies also enlisted the support of local and regional police departments to further bolster the visibility of the enforcement effort in the regions. “Whether at a local, state, or international level, we all know that law enforcement is at its best when we work together,” said NY State Police Field Commander, Colonel Thomas L. Fazio. “The laws in the provinces are much the same as in the states, so it

During 2011, Safety Without Borders Details were held during the Easter Holiday Weekend (April 22), Independence Day/Canada Day Weekend (July 1-4), Labor Day Weekend (September 2-5), and Columbus/Thanksgiving Day Weekend (October 7-10). The participating agencies combined made 13,492 traffic stops which resulted in 7,259 traffic tickets being issued, 3,975 of which were for speeding violations. In addition, 655 commercial vehicles were inspected and 69 criminal arrests were made. Most importantly, despite very high traffic volumes during these periods, no traffic fatalities occurred in any of the border areas on either side of the international borders. Media coverage was significant in several of the media markets, especially in the Buffalo-Niagara Falls Region, Thousand Islands-Watertown, NY Region, and the Montreal Metro Area. The first detail of the 2012 calendar year took place during the Easter Holiday weekend (April 6-8). During this three day event, there were 2,280 tickets issued (1,547 for speeding), 623 trucks inspected (105 out-ofservice), and a total 6223 vehicle contacts made. Safety Without Borders is an example of the accomplishments that jurisdictions can obtain when working cooperatively towards the same goal of a crash free environment. These international enforcement efforts are planned to continue during designated periods throughout the year.

REGIONAL NE WS

CVSA Decal Helps in the Recovery of Stolen Trailer By Lt. Donald Bridge, Jr., Connecticut Department of Motor Vehicles, CVSA Passenger Carrier Committee Chair On day one of Roadcheck, Inspector Dean Pisciotta had just arrived at the Union (CT) Weight/ Inspection Station to begin his evening shift. A flatbed tractor-trailer loaded with store shelving was coming across the scale and Inspector Pisciotta requested that the scale operator bring the vehicle in for a random inspection. After the vehicle was weighed, Inspector Pisciotta collected the driver’s log book, medical certificate and driver’s license and had the driver follow him around back to begin the Level I inspection. Once parked, Inspector Pisciotta finished collecting the remaining credentials. With all the credentials in hand, the verification off those documents began, specifically the verification of the Florida registration on the trailer. The registration listed the trailer as a 1984 Durham and the vehicle in front of the Inspector was clearly newer than 1984. The trailer was an aluminum deck trailer equipped with an ABS system in relatively good condition, the manufacturer decals were removed and when searching for the vehicle identification number (VIN), the manufacturer’s data plate was missing and only four empty holes remained where

the data plate should have been found. The four holes were apparently the holes where the rivets or screws attached the rectangular manufacturer’s data plate on the front of the trailer, which should have contained the VIN. The trailer was impounded and held for identification. All the indicators pointed to this as being a stolen vehicle. The search for the trailers identity was on and the 2007 CVSA decal affixed to the vehicle was as good a place to start as any. With the 2007 CVSA decal number, CVSA staff was able to identify the decal as having been issued by the Texas Department of Public Safety (DPS). Texas DPS was able to provide the date the decal was issued, October 18, 2007 as well as the motor carrier whose vehicle it was affixed to. A call to the motor carrier confirmed they had a trailer stolen in Florida back in 2009. The motor carrier was able to provide the year, make and VIN of the trailer. The trailer they had stolen in 2009 was a 2005 Fontaine and a check of the VIN showed the vehicle was still listed as stolen in NCIC. With the likelihood that the trailer Inspector Pisciotta stopped and inspected was stolen and

year and make now known, all that was left was contact Fontaine and confirm the trailers were one in the same. After finding the serial numbers on the axles of the trailer, Fontaine was able to provide the build sheets and confirm the trailer was one in the same and stolen. The trailer will be returned to its rightful owner, and hopefully, as we work with the Orange County Sheriff’s Auto Theft Unit, the parties involved with the theft can be identified and arrested. In addition to the possession of a stolen vehicle, the inspection ended with a number of violations for the tractor-trailer and the driver declared out-of-service for his false log.

Region II North Carolina State Highway Patrol Conducts a Port Check at Morehead City By Kelly M. Ennis, North Carolina State Highway Patrol, Motor Carrier Enforcement The NC State Highway Patrol held a Port Check Operation in Morehead City, North Carolina the week of June 4th. During this four-day operation the following allied agencies provided assistance to the Patrol; the FMCSA, the Department of Homeland Security, the United States Coast Guard, the United States Air Marshals, the 42nd National Guard Hazmat Unit, the NC Port Authority, the Morehead City Police Department & the North Carolina Marine Fisheries. Port Check Operations are designed to detect commercial motor vehicles that may be operating unsafely; resulting in safer North Carolina highways. The operation also provides assistance to

Homeland Security in and around the vital port areas of the state. Port Check Operations are key elements of the Patrol’s Strategic Plan and a major objective of the Motor Carrier Safety Assistance Program (MCSAP) for North Carolina. Port Check operations are held on an annual basis.

During the June operation, 483 inspections were conducted resulting in the following violations: 108 driver violations, 16 driver Out-of-Service violations, 541 vehicle violations and 122 vehicle Outof-Service violations. Three fugitives were also arrested during the operation. NC Trooper conducts DOT inspection

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Region III

Region IV

Ohio’s Truck Shield Program Helps Drivers Assist Law Enforcement Detect Criminal Behavior

Underinflated Tires are a Danger to Everyone!

The Ohio State Highway Patrol, in partnership with the Ohio Trucking Association, has developed Truck Shield, a training program designed specifically for truck drivers to help us contribute to a safer Ohio. What makes Truck Shield unique is it is not training about how to safely drive a truck. Instead, Truck Shield provides drivers with specific training on how to identify possible criminal behavior on Ohio’s roadways, and tools for contacting the Patrol at #677 in order to help us deploy Troopers and resources to the problem area. The telephone number #677 is a statewide (Ohio only) non-emergency number that connects drivers to the nearest Ohio State Highway Patrol dispatch center. The training program aims to train truck drivers to assist law enforcement while they are on the road as extra sets of eyes and ears. Truck Shield training, which will be delivered by patrol officers in a one-hour training block during scheduled safety meetings with truck companies, consists of instruction in impaired driver detection, criminal patrol, homeland security and human trafficking. This training is geared towards the trucking community and has been endorsed by the Ohio Trucking Association. A PowerPoint was developed by the Patrol’s Regional Training Unit to be used as the training curriculum. Drivers who complete the training will receive a training certificate and will be eligible to receive a complimentary Truck Shield key fob and decal for display on their truck or trailer. Additionally, companies with Truck Shield-trained drivers should be encouraged to display the Truck Shield logo on their company web site. This unique program was unveiled on May 24, 2012, at the Walmart Distribution Center in Grove City, OH. For more information on this program contact the Ohio State Highway Patrol’s Regional Training Unit at 614.387.6079 or dpsadrtu@dps.state.oh.us, Staff Lt. Robert Warner at 614-752-4871 or rwarner@ dps.state.oh.us.

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By Trp. Andy Stoeckle, Washington State Patrol, CVSA 2012 International Safety Team, Team Leader Large truck tire debris can be a hazard to everyone on the roadway. The Washington State Patrol (WSP) responds to numerous calls where vehicles are damaged by tire debris. Large pieces of debris cause lane blockage and create traffic flow problems, increasing the safety hazard for responders having to clear the roadway. Recovered tire debris also cost state tax payers thousands of dollars each year in disposal fees. Studies have shown that most tire and scrap rubber debris on the roadways is caused by underinflated tires. Underinflated tires are more susceptible to cuts and flats than properly maintained tires. Incidents of tire failure seem to increase with warmer weather. In response to the approaching summer months, Commercial Vehicle Officers and Troopers in Pierce and Thurston Counties will be looking for trucks that have defective and underinflated tires during an emphasis scheduled for May 31, 2012. During the emphasis officers will be educating drivers and taking appropriate enforcement when needed. Truck tires are considered unsafe and out-of-service if found to be 50 percent underinflated. Tires discovered

unsafe will have to be repaired or replaced before the vehicle will be allowed to proceed. It takes on average 20 minutes to check and adjust tire inflation pressure on an 18-wheel tractor-trailer. Tire pressure should be checked regularly, at least once a week for truck tires and at least once a month for passenger car tires. Tire pressure should always be checked when a tire is “cold” - before a vehicle is driven or driven less than one mile. The WSP continues to strive to make Washington roadways the safest in the nation.

Washington State Patrol Launches Joint West Coast Operation Fatigue Driver Effort By Trp. Andy Stoeckle, Washington State Patrol, 2012 International Safety Team, Team Leader Fatigued driving is a growing problem on our roadways, not just for commercial vehicles but also for all drivers. The difficulty with putting a number on fatigued driving is due to the fact it is not reported properly. A few studies show fatigue accounts for only six percent of collisions nationwide, while other studies put it at 30 percent. As a result, the Washington State Patrol is considering performing a joint Fatigue Driver Emphasis for drivers of commercial vehicles. Over a five-day period, this effort will involve California, Oregon and Washington State and

encompass Interstate 5 from the Mexico border to the Canadian border. Commercial drivers use logbooks to track their hours of service and they have limitations on driving and on-duty hours. They are required to show the current day and the past seven days when requested during an inspection. This logbook is easily manipulated so they can drive more hours and make more money. By driving more hours they put other drivers at risk because they are fatigued. Several studies show a person that is fatigued displays the same driving behavior as a driver under the influence of intoxicants.

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Arizona DPS Takes Lead in Developing Driver Awareness Regulation Training As part of the continuing goal of educating the commercial vehicle industry, the Arizona Department of Public Safety’s Tucson Commercial Vehicle Unit, has taken the lead in developing Operation “D.A.R.T.” (Driver Awareness Regulation Training), in support of the FMCSA program. D.A.R.T. was developed in 2008, recognizing the need to provide up-to-date information with regard to both Federal and State commercial trucking rules and regulations, designed specifically for the over-the-road commercial vehicle driver.

Currently, states are working individually, with limited resources to find fatigued drivers of commercial vehicles. By working together we can share technology and information to reduce false entries in driver’s logbooks and make a statement to the industry that we are serious about fatigued driving. This project will start on a Sunday night at 6:00 pm and last through Friday at 8:00 am and will utilize Oregon’s OSCAR system and Washington States license plate readers. These systems show dates and times commercial vehicles have passed specific locations. These systems will be shared during the emphasis. Oregon has also agreed to use OSCAR at the Cottonwood California scale, if California allows.

The Department’s Commercial Motor Vehicle (CMV) Enforcement Bureau’s command van is utilized as a roadside physical point of contact for CMV drivers to meet face-to-face with certified CMV officers. The officers answer questions, dispel rumors, and provide handouts regarding hours-of-service, hazardous material, load securement, CSA, and “9 Myths About Safety Belts for Truck Drivers,” as well as other materials the drivers may request.

mation to the drivers who attend, but they pass this information onto their own company owners, as well as fellow truck drivers. It is estimated that since the inception of the D.A.R.T. Program, 3,547 truck drivers have visited the mobile command van, and the response from them has been extremely positive. Drivers from both Mexico and Canada also sought international information from the officers during these details. Continuing with this Program is exceptionally beneficial to DPS in making sure the latest information is dispensed and that the drivers are following all regulations. It is also advantageous to both the trucking community as well as the motoring public. Drivers’ Logbooks and mandatory downtime are thoroughly explained in an effort to prevent fatigued drivers from driving. With the many safety inspections both the drivers and their trucks must pass each year, DPS feels that these D.A.R.T. details are critical in maximizing highway safety in Arizona.

This informal setting is invaluable in developing a positive interaction between law enforcement and the transportation community. It not only provides current, correct, and vital infor-

During the emphasis we will perform, at a minimum, a CVSA Level III inspection and download ASPEN reports hourly so they can be uploaded in PORTAL. This program allows all users to see prior reports for specific drivers, vehicles or companies. The reports show all prior violations with dates, times and location of contact. The goal of this project is to reduce fatigued driver collisions from commercial vehicles in California, Oregon and Washington States, in addition to demonstrating the effectiveness of information sharing in support of the ultimate goal of saving lives.

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Region V Alberta, Intelligent Imaging Systems Partner to Improve Safety with Smart Roadside Inspection System By James Trombley, Transport Officer, Commercial Vehicle Enforcement, Justice and Solicitor General, CVSA 2012 International Safety Team Member In our mission to provide a safe and sustainable world-class transportation system, the Alberta government and Intelligent Imaging Systems (IIS) have partnered to implement the Smart Roadside Inspection System (SRIS). This system is being implemented because of its successful applications in other jurisdictions, and will be deployed at four sites in Alberta – Coutts, Leduc, Whitecourt and at a site on Highway 2A near Leduc. By implementing this system, Alberta is taking a major step towards being a center of excellence for transportation enforcement in North America. Intelligent Imaging Systems’ Smart Roadside™ platform is an electronic screening system designed to automatically identify high-risk and problematic commercial motor vehicles (CMV) from the roadside without disrupting the flow of commerce. This automation of safety and security screening allows enforcement agencies to efficiently focus their resources on high-risk vehicles and drivers. By connecting critical information systems to the roadside, SRIS functions as a management and enforcement tool in improving highway safety. In fact, the Alberta government’s commercial vehicle enforcement branch was just recently notified they won the Intelligent Transportation Systems (ITS) Canada Award of Excellence in the category “Large Metropolitan Area, Provincial, or Federal Applications,” for their SRIS innovation. All four Alberta sites will feed information to a central repository for analysis and reports regarding the flow of commercial traffic and violations found province-wide. Specifically the Smart Roadside™ program, at Commercial Vehicle Enforcement’s (CVE’s) Leduc Vehicle Inspection Station, will incorporate the following SRIS screening functionality: • A CMV hazardous materials placard system that automatically identifies and flags carriers transporting dangerous goods—the first of its kind in Canada. Data is collected on every passing dangerous goods carrier, providing the Alberta government with important information on the types of goods moved.

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Leduc VIS SRIS

• The first CMV automated thermal imaging solution integrated into any screening system in North America. This configuration of thermal imaging technology will extend the Alberta government’s existing manual thermal imaging inspection system (TIS) program which has a documented four-year history of success. The automated fixed systems further increase the efficiency of the Alberta government’s CVE staff and resources. Currently the TIS program is the most robust and sophisticated commercial vehicle operation (CVO) solution to automatically identify unsafe or failed safety equipment in the industry.

• Integration of Canada’s National Safety Code database into an automated screening solution. This functionality will give the Alberta government’s CVE staff real-time information on all passing Canadian carriers. Another Canadian first for the Alberta government’s CVE branch.

• The ability to automatically screen and identify high-risk U.S. carriers travelling through Alberta. The SRIS automated license plate readers, automated USDOT number readers, and access to the U.S. FMCSA databases will give the Alberta government’s CVE staff realtime information on all passing U.S. carriers. The Alberta government’s commercial vehicle enforcement branch is the first enforcement agency in Canada to integrate this technology.

Technology plays an important role in improving safety on our highways. The Alberta government’s commercial vehicle enforcement branch is considered one of the leaders in using safety technology in North America. The adoption of the SRIS will make highways safer in Alberta and play a key role in Transport Canada’s and the Canadian Council of Motor Transport Administrators’ long-term vision of making Canada’s roads the safest in the world.

• A top-level snapshot of province-wide system performance measures - another first in Canada - that includes key safety and security metrics. SRIS provides instant performance and trend analysis as well as timely information on its entire CMV population that supports critical CVO decision making.

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Yukon Holds First Ever Passenger Vehicle Inspector’s Course, CVSA Challenge Competition By Julius Debuschewitz, Government of Yukon, Manager, National Safety Code The last few months have been somewhat busy for our small jurisdiction. For the first time ever, we held our own motor coach (passenger vehicle) inspector’s course in May. Besides inspector trainees, Challenge participants were also invited to attend the course, although they were not allowed to write the exam. This turned out to be very beneficial for all involved. At the end of May, Yukon also held its very first CVSA Challenge competition. Six inspectors from Watson Lake and Whitehorse competed, and while larger jurisdictions may scoff at that number, we are quite happy, since it amounts to nearly 50% of our eligible inspection personnel. The Grand Champion, Michael Kasprzak, will represent Yukon at NAIC in Minneapolis, MN in August 2012. Between May 31 and June 3, 2012, several Yukon CVSA inspectors joined the Royal Canadian Mounted Police as well as Yukon and British Colum-

bia Conservation Officers for an operation near Watson Lake. Nearly 800 motorists were stopped. Forty of those were commercial transport drivers, which were subjected to either Level I or Level II inspections, resulting in 15% OOS rate. Six private vehicles were impounded, a number of citations were issued, and cocaine and marijuana were seized from private motorists, the latter resulting in five charges of Possession for the Purpose of Trafficking. Roadcheck was once again a joint venture with the State of Alaska. This year Yukon sent two inspectors to Tok, AK, to work at the weigh station there for the three days. Reportedly, the joint effort was a success, and we highly recommend these kinds of operations to jurisdictions that have not tried them before. The only difficulty experienced this year was the fact that the Alaska Highway got closed down due to flooding and mudslides, making the trip home a bit longer than anticipated for our inspectors.

CVSA UPCOMING WEBINARS SEPTEMBER • September 5, 2012, 2:00 pm – 3:00 pm

Distracted Driving • September 12, 2012, 2:00 – 3:00 pm

Making the Most of Your Class III Membership - CVSA New Member Orientation OCTOBER • October 24, 2012, 2:00 pm – 3:00 pm

An Introduction to CVSA’s HazMat/Level VI Programs NOVEMBER • November 14, 2012, 2:00 pm – 3:00 pm

Making the Most of Your CVSA Membership: The 2013 CVSA Sponsorship Program • November 24, 2012, 2;00 pm – 3:00 pm

Top Ten Cargo Securement Questions, Answered

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Local Enforcement Local Enforcment Brings Unique Expertise About Safety Issues By Brandon Poarch, FMCSA, Chief, State Programs Division I am pleased to see the Local Enforcement section of the Guardian reflecting the steady increase in the number of local jurisdictions participating in commercial motor vehicle (CMV) safety enforcement around the country. Apart from providing an enforcement presence in areas where state CMV units may not be able to operate, local enforcement officers bring a unique expertise about safety issues. In urban areas, construction projects or special events can have a significant effect on CMV traffic and local officers have familiarity with the conditions. In rural areas, local enforcement officers can provide a highly visible and persistent safety enforcement presence throughout the year. Local agency inspections and crash reports also contribute to overall state safety data and can help provide a more accurate assessment of the status of CMV safety within the state. All of this benefits the statewide CMV safety strategy (and in some cases, can actually have a positive impact on Motor Carrier Safety Assistance Program (MCSAP) Incentive grant funding). Although local jurisdictions are not eligible for MCSAP Basic or Incentive grant funding directly, each fiscal year brings an increased number of High Priority applications from local jurisdictions. During the April 2012 MCSAP Leadership Meeting, FMCSA Administrator Anne S. Ferro described FMCSA’s state and local enforcement partners as “the force multiplier that makes commercial motor vehicle safety a reality.” This is especially true in the current economic climate of unfilled vacancies and tightening budgets. Because no partnership can succeed without coordination and communication between all parties involved, you will see some changes for the 2013 High Priority grants for local agencies. Local jurisdictions will be asked to certify their compliance with the nine conditions required for local agency participation as listed in 49 CFR 350.329, and in particular, will be required to demonstrate coordination with the state MCSAP agency in the application. The FMCSA may ask first-time local applicants to provide additional

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information about their capabilities and authority to conduct a CMV safety program. Further, the FMCSA will give every MCSAP lead agency in a state from which a local jurisdiction has applied for grant funding the opportunity to comment on those applications. Although FMCSA retains final discretion in all funding decisions, FMCSA will carefully consider comments from the lead state CMV enforcement agency during the review and selection process to ensure that the plan includes collaboration and avoids duplication. Ensuring that motor carriers and drivers maintain high safety standards and removing high-risk operators from our nation’s roadways are cornerstones of FMCSA’s ongoing commitment to the American driving public to reduce the roadway fatality rate for large trucks and buses to 0.114 per 100 million vehicle miles traveled during 2013. Achieving this goal is not possible without the continued dedication and hard work of state MCSAP agencies, and can be further enhanced with county sheriff offices and local police departments. As Administrator Ferro has often quoted, it takes each of us to make a difference for all of us. The FMCSA is encouraged by this and looks forward to working with our new local partners in the commercial vehicle enforcement community.

Commercial Vehicle Enforcement Inspections Focuses On Construction Zones By Officer L. S. Marx, Hurst (TX) Police Department When we began our commercial vehicle inspection unit, there was only a small amount of construction in the local area, and it was relatively simple to make stops, with plenty of room for lane changes and wide shoulders. The amount of commercial traffic in the area was also normal. Now, however, singling out commercial vehicles for inspections is much more difficult to do and still be safe, with no shoulders and shorter times to make lane changes. It is necessary, however, due to the dramatic increase in commercial vehicles, specifically, constructionrelated vehicles such as dumps and flatbeds with large equipment, which have come in from all over the state as well as out of state.

We have had a large increase in the number of accidents in the construction zones, some involving commercial vehicles, so staying off the highway is not an option. In addition, some of the carriers who have come into the area to profit from the construction work brought (and are bringing) substandard and even unsafe vehicles to do the work, putting our citizens and drivers at risk. Also, there has been an increase in the number of drivers who appear to be both untrained about how to conduct pre-trip safety inspections, as well as those who are unable to communicate basic information in the English language, although they do possess Texas CDL licenses. What we are doing is finding a few places (which change due to the construction process) from which we can watch for unsafe vehicles, including speeding commercial vehicles in the zones, then escorting them off the highway to parking lots where we can do inspections with the parking lot owner’s approval, or escorting them out of the zones to places with wide shoulders where hazards are reduced. Our out-of-service percentage is much higher than the national average right now. With further enforcement and education activities, we hope to lower our out-of-service rate.

Garland Police Department Takes Proactive Approach to CMV Enforcement By Officer Alexis Crockett, Garland (TX) Police Department, Traffic Unit In October of 2006, officers in the Traffic Unit noticed a considerable amount of increased commercial vehicle traffic due to the construction of the new S.H. 190 toll road. Realizing that this could be a potential hazard for the citizens of Garland, the unit decided to take a proactive approach to commercial vehicle enforcement. Two officers were initially sent to a license and weight course. Shortly after completion of the course, these officers discovered that a large majority of trucks traveling on the roadways of Garland were grossly overweight. Many of these same trucks were also traveling over a weight restricted bridge as they made their way back and forth from the construction site to the city

REGIONAL NE WS landfill. With a little extra attention, drivers soon realized carrying more weight than allowed just wasn’t worth it; and thus Commercial Vehicle Enforcement (CVE) in Garland, TX came to be. From 2008 to present, officers received additional training in the North American Standard Roadside Inspection Parts A & B, General Hazardous Materials, and Cargo Tank inspections. Enforcement efforts expanded to include not only vehicles involved in the construction field, but other forms of commercial trucks too. Along with inspections and enforcement of city, state, and federal regulations, the goal of the unit is to ensure the safety and integrity of commercial vehicles and their drivers as they travel upon the city roadways. This goal is accomplished by providing outreach and educational opportunities to the trucking industry. It includes conducting Level IV terminal inspections, attending safety briefings and meetings, providing driver training materials to companies, conducting driver education during roadside inspections, and responding to emails and telephone calls from safety officials. These same efforts, except for the Level IV terminal inspections, are also directed towards other departments within the City of Garland that operate city-owned commercial vehicles. When it comes to conducting terminal inspections, we have found that some companies are somewhat reluctant to have an officer come in to inspect their fleet. As a safety official from a company that has locations in 31 states put it, “To our management, it’s like letting the fox into the hen house.” After working with that same official over the last three years, his company’s division has seen an increase in driver awareness when it comes to vehicle maintenance. They have also been able to spot issues and trends before they become a problem. This official has since informed us that his division’s safety rating is among the best in the company. He has also become a staunch supporter of our commercial vehicle enforcement program. Through our outreach efforts, working relationships with several companies have been established. Officials from various companies, both established and new, have called and continue to call upon our unit for advice, information, and help when it comes to vehicle safety. These relationships have been a valuable resource when it comes to justifying the commercial vehicle program to our administration and to the city council. The relationships that have been formed within the trucking industry, with our city drivers, and with various safety officials in our city are a valuable tool in making and keeping our streets safe for all motorists. Because of our commitment

to the outreach and educational components of vehicle safety, the CVE Program in Garland has seen and continues to see success in the area of improved driver awareness and commercial vehicle safety.

Grand Prairie Police Department Hosts EOBR Workshop for Industry By Inv. Wes Bement, P238, Grand Prairie (TX) Police Department, Traffic Division The Grand Prairie Police Department hosted an EOBR workshop on Monday, May 21st, and invited the Asst. Director of Safety from CalArk Industries to come and speak to officers about how to check hours-of-service when confronted with an EOBR. The presenter was Malea Hare with CalArk. She gave a four-hour presentation to 52 law enforcement officers from DPS, and 14 other Dallas/Fort Worth area law enforcement agencies. The presentation included a hands on demo Qualcomm unit, information on what the driver is supposed to be able to give an inspecting officer, and how to view and interpret the information given. Ms. Hare traveled to Grand Prairie from Mabelvale, AR, specifically to give this presentation. Every officer there gave the presentation high marks and stated they felt much more comfortable getting HOS information from EOBR’s after the presentation. On June 12th, we met with a local company, MRC Corp., at their request, to educate their drivers on how we conduct DOT inspections. Their company has recently received some OOS violations and their Fleet Manager has asked for our help in teaching their drivers how to be more responsible about their pre-trip inspections to help avoid OOS violations in the future. We see this meeting as furthering our goal to be partners with our local shipping companies.

Suffolk County Police Promote CMV Safety Throughout County By Police Officer Rob Copozzi #4098,Suffolk County (NY) Police Department, Motor Carrier Safety Section The Suffolk County Police Department Highway Patrol Bureau, Motor Carrier Safety Section (MCSS), is part of the federal network of Commercial Motor Vehicle enforcement units. Suffolk County is located on the eastern end of Long Island in New York. The Suffolk County Police Department District serves the five westernmost towns in the County, with a population of over 1.25 million, in a 565 square mile area. With approximately 2500 sworn officers, the Department also provides specialized services for

the eastern towns in the County. More than 90 percent of goods delivered to Long Island come by truck. In addition, many locally produced products and services reach local consumers via commercial motor vehicles licensed and registered in New York State. The Suffolk County Police Department’s Motor Carrier Safety Section was created in 1984 in response to increased numbers of CMV crashes. With the support of the Chief of Department, James Burke, the Unit is currently staffed by fourteen (14) full time Federally Certified Officers [twelve (12) Police Officers and two (2) Sergeants] working day and evening tours. Motor Carrier Safety Officers are trained in post crash/ accident reconstruction investigation, criminal investigation, vehicle inspection, weight enforcement procedures, and familiarity with specialized laws and regulations having to do with hazardous materials transportation, special hauling and divisible load permits. In addition, the members of the Unit attend Federal Government WMD / Counter Terrorism training in the fields of radiation, chemical, biological and explosives. Several of the officers in the unit are currently hazardous materials technicians. It is the policy of the Motor Carrier Safety Section to promote safety in the operation of commercial motor vehicles by strictly enforcing all laws and regulations dealing with the operation of commercial vehicles throughout the county. The Unit accomplishes these goals through inspection of commercial vehicles, crash investigations, checkpoint operations for both safety and weight enforcement and by cooperating with all other enforcement and regulatory agencies, to include town, county, state or federal in the furtherance of commercial vehicle safety. It is further the policy of the MCSS to advance commercial vehicle safety through education of commercial vehicle operators through safety seminars. In addition to enforcing Federal regulations, the unit helps to protect the infrastructure of the roadway through weight enforcement, weighing approximately 500 Commercial Motor Vehicles in 2011. The Unit conducts all CMV crash investigations within Suffolk County, and in two of the more notable fatal CMV crashes, with help from the inspection and investigation completed by the Suffolk County Police Department MCSS, the Suffolk County District Attorney’s Office was able to return indictments against two (2) companies involved in those crashes. Post-crash investigations and inspections in both cases revealed an overweight condition, with brake failure. This was based in large part on the expertise of the Suffolk County Motor Carrier Safety Section inspection and investigation.

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REGIONAL RAP Recognitions Clare C. Casey Award recognizes Excellence in Promoting Trucking Safety Programs, Procedures The Truckload Carriers Association’s Safety & Security Division has presented its 2012 Safety Professional of the Year Award to Jerry Waddell, safety director for Cargo Transporters, Inc. of Claremont, NC. The award, known as the Clare C. Casey Award, was presented during the division’s 31st annual Safety & Security Meeting, held in Norman, OK. The Safety Professional of the Year award recognizes a person whose actions and achievements have had a profound and positive benefit or contribution to

John Meed John joined the Royal Canadian Mounted Police (RCMP), in June 1975, and after training, was posted to Big River Detachment, where he served until December 31, 1976. John joined the (Dept. of Highways) Highway Transport Patrol, as a Highway Traffic Officer, on June 1, 1977 and was posted to Melfort Detachment. During that time John fulfilled his duties as a Traffic Officer and performed above expectations. In June 1984, John left the Dept. of Highways and accepted a position as Deputy Sheriff for the Melfort Judicial Centre. John stayed in this position until June, 1988 when he returned to Saskatchewan Highways & Transportation, Transport Compliance Branch as the Executive Officer. In this position John assisted the Chief Traffic Officer with day to day operations as well as performed a number of enforcement activities with field staff. In 1994 he became the Program Manager for the Transport Compliance Branch, and provided training and guidance to Highway Traffic Officers in performing CVSA commercial vehicle inspections. This included performing these inspections himself.

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Waddell has been in the trucking industry for 37 years and his focus has been on safety for more than 21 years. He began working as a driver in 1975 and moved into a safety position in 1991. He joined Cargo Transporters, Inc. as safety director in 1999. “We are in the people business,” said Waddell after the ceremony. “Safety is always in the forefront; take care of your people and safety takes care of itself.” Under Waddell’s leadership, Cargo Transporters has improved its yearover-year safety performance through implementation of improved safety and loss prevention techniques and safety technologies.

passings

Retirements

better safety on our highways. Nominees must exemplify leadership and demonstrate the goals of protecting lives and property in the motor transportation industry while serving their company, industry, and the motoring public.

In his tenure with the Dept. of Highway, John was responsible for developing several programs and initiatives, which contributed to an overall reduction in commercial vehicle collisions and fatalities. Some of these are: Operation Air Brake, Share the Road, CVSA Motorcoach Inspection Program, Infrared Camera System, In-car CVSA Database Collection System and Facility Audit Program. John has been instrumental in developing and obtaining better methods and equipment to perform on-road CVSA inspections, such as a web belt assembly for carrying inspection tools, a stylized creeper for under truck inspections, and a Mobile Vehicle Inspection Station. Over the years John has represented the department and the province on number of national and international enforcement committees and project groups, such as Operation Air Brake Program (Chair), Trip Inspection Project Group, CVSA Training Committee, and the CVSA Region V Educational Quality Assurance Team (Chair), Selective Traffic Enforcement Program committee, Hours of Service Project Committee. CVSA would like to thank John for his years of service to the RCMP and Dept. of Highways, as well as his for his dedication to helping promote CVSA’s mission through his active participation. While we will miss John at CVSA, we all wish him our sincere best in his retirement.

Howard J. “Howie” Steele, age 66, of St. Paul, passed away after a courageous fouryear battle with leukemia. Retired employee of the Trucking Division of the MN State Highway Patrol. Preceded in death by his father Howard G. Survived by wife of 45 years Patricia (Proue); sons Patrick (Paula) and Daniel; grandchildren Justina, Jordan, Tony and Megan; mother Lena; brothers Bernie, Denny, John, Jim, & Joe and their families.

Lisa A. Wilson, age 39, passed away Sunday, June 10, 2012 at her residence. She was a dedicated compliance specialist for the Pennsylvania Public Utility Commission; and was very proud of her career. She was a member of St. Peter’s United Methodist Church, Fearnot. Lisa enjoyed camping, playing cards, knitting, shopping, and spending time with her family and her pets. She is survived by her husband Anthony M “Tony” Wilson, to whom she was married for 14 years.

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ACTIVE SAFETY Performance On The Road, Insight From The Road – Part 2 By Fred Andersky, Bendix Commercial Vehicle Systems LLC

In part one of this article (from Volume 19, Issue 2), we discussed the “four I’s” of active safety technologies – information, intelligence, intervention, and insight. We also covered two key commercial vehicle active safety systems available today – stability control and collision mitigation systems. These systems, using “information” received from sensors on the vehicle, determine, through the “intelligence” imbedded in an electronic control unit (ECU), if a potential crash situation is developing and deliver a proactive “intervention,” which may involve brake application, to help drivers mitigate potential crash situations – such as rollovers, loss of control and collisions. In part two of this article, we’ll discuss where active safety technologies are going in the future and the actionable “insights” available from these systems.

Advancing Active Safety – Integration creating Synergy Today, some safety technologies, like collision mitigation and stability, work together. Other technologies, such as lane departure warning and blind spot detection, act independently – typically providing audible, visual and/or sensory alerts, but not active brake interventions. These individual systems have inherent strengths, but can also have limitations. Radar used in collision mitigation or side spotter systems is very good at providing information regarding distance from vehicles and velocity of vehicles around the truck. Cameras used in lane departure warning systems can detect lane position and classify objects. Combing (or fusing) information from these sensors – along with information from other systems, such as stability – can help the system deliver better decisions and more robust performance. As camera and radar fusion evolves further, situations where the system today only offers an alert may be enhanced with active braking interventions to help slow or even redirect the vehicle. For example, today’s radar system provides an alert on a metallic stationary object, such as car, blocking the forward lane of travel. In the future, we may be able to provide alerts on non-metallic objects, such as deer or pedestrians that appear in the lane, or even braking interventions to help slow the vehicle. The same may be possible in situations such as an unintended departure from the vehicle’s lane of travel (indicated by vehicle movement without an activated turn signal).

Of the four I’s, “information” is the area where we anticipate the most advancement in active safety technologies. As noted, the next step is the camera and radar working together to provide more information to the system and more robust interventions. But in the not-to-distant future, additional inputs may come into play. These may include information from additional sensors mounted on the truck (for blind spot detection), tire pressure monitoring systems along with diagnostic data to provide readiness indications, or GPS information to let the system know where the vehicle is going and what roadway situations (e.g., sharp curves) the vehicle may be approaching. Also, vehicle-to-vehicle (V2V) and vehicle-to-infrastructure (V2I)/infrastructure-to-vehicle (I2V) data may provide additional information for the active safety system. These inputs might reveal what the vehicles around and ahead of the truck are doing, and what roadway obstacles – such as work zones – may be ahead. This additional information can help the system deliver even more meaningful alerts (and help reduce false alerts), as well as potentially additional interventions to help drivers mitigate greater numbers of potential crash scenarios.

Insight from Active and Supportive Safety Technologies The next area for growth in active safety technologies is “insight.” Data from active safety systems deliver insight to both fleet and drivers. Insights can be derived not only from the interventions, but also from the alerts provided. (Alerts often precede interventions, which may not occur if the driver reacts to the alert and takes appropriate action to mitigate the situation.) Data can be used to understand a particular event or track trends regarding a driver, a truck, a terminal or operation, or the fleet overall. This insight can allow commercial vehicle fleets and owner/operators to focus efforts to reward and improve performance. Input elements might include: • Identification data – vehicle and driver ID • Vehicle data – odometer, vehicle speed, engine speed, turn signal use, brake use, brake force, DTCs (Diagnostic Trouble Codes), tire pressure • Safety system data – stability events, following distance, alert activations, lane departure, system braking, excessive curve speed, ABS & traction control activations • Situational data – time and date, GPS location, forward vehicle detected, forward vehicle speed • Combined with EOBR (Electronic On-Board Recorder) systems, additional information regarding Hours of Service (HOS) may also be obtained. Continued on page 36

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Continued from page 35

Video footage may also be available. Video could add additional contextual data regarding the event – day or night, visibility, road conditions, weather, etc. Sometimes, an event will trigger video storage of the seconds before and after the event. Fleets and owner/operators can receive this actionable data wirelessly, in real time alerts on their desktops or smartphones. Or the insights can be provided through a Web portal to enable easy access and reporting on specific events, trip data, and driver trends. Recognizing best driving practices and helping drivers strengthen their skills is critical in improving overall fleet and highway safety. No commercial vehicle safety technology replaces the most important safety components of all – a careful, alert driver practicing safe driving techniques, and proactive, comprehensive driver training. Technology complements, it doesn’t replace, safe drivers and safe driving practices. Combining the data from the systems with the video of the event can provide insight regarding what happened, why it happened and how the driver responded. These insights can be critical in developing appropriate actions – such as focused driver training, alerting authorities of dangerous road conditions, ensuring proper preparedness through inspections or repairs, or other measures needed to avoid repeating situations across the fleet. Active safety technologies, today and tomorrow, along with the actionable insights gleaned from these systems will continue to strengthen commercial vehicle safety. When all is said and done, the four I’s – information, intelligence, intervention, and insight – are about improving safety on the roads for all of us.

2012 New CVSA Associate Members

APM Terminals Best Well Services, LLC BMC Brown Excavating Company, Inc. Canadian Trucking Alliance Clark Freight Lines, Inc. Compli Dorsey Tire Company Empire Southwest, LLC Herzog Railroad Services IE Miller Integrated Technology Solutions, Inc. (ITSI) Interstate Fleet Services Intransit, LLC kapsch Mammoet USA South, Inc. Michigan Police Training

On May 23, 2012, the National Highway Traffic Safety Administration (NHTSA) published a Notice of Proposed Rulemaking (NPRM) to require electronic stability control technology for commercial vehicles. NHTSA anticipates that compliance with such a rule could prevent around two thousand crashes annually, avoiding several hundred injuries and 50 to 60 fatalities each year. NHTSA considered rulemaking to require either roll stability control (RSC) or the more comprehensive full-stability control technology – known as Electronic Stability Program (ESP) or Electronic Stability Control (ESC) – and determined it would propose the ESC systems. The agency cites the higher level of effectiveness of ESC over RSC (Roll Stability Control) in helping drivers mitigate rollovers and loss-of-control situations. Comments are being solicited, and there will likely be some changes to what was proposed, but we expect that this rulemaking will move forward and ESP/ ESC technology will become standard on newly manufactured truck tractors and motor coaches in the next four to five years.

MPH Industries, Inc.

Note that much of this article’s information regarding various types of systems is presented in a generic, descriptive fashion and should not be used as the sole source for decision making regarding system performance or effectiveness. Please check with the vehicle manufacturer for availability and system performance specifications.

Williams Scotsman, Inc.

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Omega Laboratories, Inc. Perceptics, LLC Pioneer Natural Resources Quality Carriers, Inc. Redmond Heavy Hauling, Inc. Roofing Supply Group, LLC Ruan Transport Company SAF-Holland, Inc. Saucon Technologies Truck Safety Services WatchGuard Video

A S S O C I AT E M E M B E R N E W S

Associate Members News Changes to IRP’s Full Reciprocity Plan to Increase Efficiency, Flexibility for Member Jurisdictions By Tim Adams, IRP, Inc., CEO The Full Reciprocity Plan (FRP) is a concept that would change the International Registration Plan (Plan) to make it more efficient to administer, more equitable and more flexible for its member jurisdictions and registrants by granting full reciprocity for all apportioned vehicles in all member IRP jurisdictions. The FRP follows the true intent of the Plan, which is to “grant reciprocity to apportioned fleets of vehicles” and to “promote and encourage the fullest possible use of the highway system.” One of the basic questions that had to be answered when the Plan was first drafted was how to calculate the fees of first-year registrants, who have no history of distance traveled on which to base the necessary apportionment. The answer in 1973, when the Plan began, was to allow estimated distance. At the time, this was recognized as a compromise, but the mechanism has not been easy to administer. It adds substantial complexity to the Plan, increases state and provincial administrative costs, penalizes many registrants – especially smaller, irregular-route operations – and provides incentives to base-state shop (and hop) as a way to avoid recordkeeping and the payment of proper fees through the repeated declaration of new-registrant status. The FRP is a solution to these longstanding issues which, by eliminating estimated distance in the Plan, will bring substantial benefits to both jurisdictions and registrants. The FRP proposal provides that once fees are paid to the base jurisdiction, the registrant’s cab card would reflect all member jurisdictions at the proper registered weight. The registrant’s apportioned vehicles would then be authorized to travel in any IRP jurisdiction during the license year. The FRP would eliminate estimated distance for renewing fleets and added jurisdictions; however, new fleets would be required to utilize the base jurisdiction’s estimated distance chart as a sole means of determining firstyear operations. The IRP Board of Directors commissioned a task force comprised of jurisdictional representatives from each IRP geographical Region and industry representatives to gather information, analyze the FRP concept, review alternative proposals, identify advantages and potential disadvantages of the FRP, provide information on the task force’s efforts to the membership, and develop a ballot proposal, if necessary. The task force found that proper use of estimated distance remains one of the most cited non-compliance issues in a Peer Review, is the most complicated aspect to administering the Plan by jurisdictions and is objection-

able to industry. There are several problems associated with estimated distance, including: • loss of revenue to a jurisdiction due to substantial under-estimating; • little uniformity among jurisdictions in treatment of estimated distance in an audit; • loss of revenue to jurisdictions for dropped jurisdictions; • administration complications for front line staff ; • inability for estimated distance to be audited; and, • penalties to industry for second and subsequent year estimates (over 100 percent). Estimated distance is one of the most complicated aspects to administering the Plan by jurisdictions. It is also one element of the Plan that limits the trucking industry’s flexibility, while at the same time charging secondyear estimate fees that are seen as unfair to industry. The task force determined that the FRP would benefit both jurisdictions and industry. There are several benefits in adopting the FRP, including: • simplified administration of the Plan for jurisdictions; • elimination of unfairness concerns for industry on second-year estimates; • reduced cost to administer the Plan for second-year estimates; Continued on page 38

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Continued from page 37

• removal of the need for processing supplements and temporary cab cards; • reduced training requirements both for jurisdictions and industry; • increased compliance to the Plan both by jurisdictions and industry;

International Non-Apportioned Commercial Vehicle Agreement Proposal Offers New Reciprocity Agreement

• elimination of audit issues related to estimated distance and increase uniformity across jurisdictions; and, • maximum flexibility for industry to operate throughout the United States and Canada. While the FRP has the potential to have savings in the administration of the Plan and increased business opportunities for industry, there are some potential issues to be considered, including: • revenue loss relating to second- year estimates, reduced need for trip permits, and out of business operations; • initial systems programming costs (end result will be reduced ongoing systems costs); • increased importance of audit function to prevent fraud(audit within IRP is very effective and can be made more so with the elimination of estimated distance); and, • initial training required during transition (end result will be reduced need for ongoing training). The job of law enforcement personnel with respect to the IRP under the FRP would be similar to their job under the IFTA, since licensing with IFTA enables a licensee to travel in all IFTA member jurisdictions without additional obligations. Under the FRP, an IRP registrant would automatically be registered in all IRP member jurisdictions. Law enforcement would no longer need to look at a cab card to see if a state or province was included on it – it would be. Checking the cab card for registered weights and verifying enforcement dates would still be necessary on occasion. The task force expects that law enforcement officers responsible for IRP enforcement would need minimal training since IRP registration verification will not change under the FRP concept. In addition, many of the officers responsible for IRP enforcement are also responsible for IFTA enforcement. Since the concept is so similar to IFTA, it is anticipated that minimal, if any, training will be needed. Some have suggested that the FRP may reduce revenue because of the reduced number of citations issued for IRP violations; primarily those citations due to a registrant’s failure to apportionally register for a jurisdiction before operating in it. However, others have argued that FRP would allow commercial vehicle law enforcement to concentrate enforcement efforts on commercial vehicle safety. Through support from the State of Oregon and other interested parties, a comprehensive financial impact analysis is being conducted to determine the potential impact of FRP on the jurisdictions and industry. At the conclusion of the analysis, the task force will provide a recommendation regarding the FRP feasibility to the IRP Board of Directors, who will then determine whether to implement the FRP through the IRP ballot process. For additional information please visit the IRP, Inc. website at www. irponline.org.

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Commercial motor vehicle reciprocity agreements, developed and implemented to help facilitate inter-jurisdictional commerce and travel, date back many years. In the early 1970s, the International Registration Plan (IRP) was created to enable the registration of commercial motor vehicles involved in inter-jurisdictional travel and share the revenue fairly based on its operations. IRP registration is primarily thought to be for heavy commercial vehicles with gross vehicle weight over 26,000 pounds. Smaller commercial vehicles, those less than 26,000 pounds or special type vehicles such as charter buses or restricted plated vehicle, typically fall outside of the IRP definition of an apportionable vehicle. While these vehicles may be registered under IRP, it is often not a practical option for many businesses. Therefore, such operations depend on other reciprocity to facilitate travel. These agreements commonly included smaller vehicles as well as the larger ones; however, many of the agreements were either between just two jurisdictions, regional compacts, or very informal agreements. Some of these agreements were even rescinded when jurisdictions joined IRP. The International Non-Apportioned Commercial Vehicle Agreement (INCVA) is a proposed free registration reciprocity agreement for those commercial vehicles that don’t fall under the definition of an apportionable vehicle in the IRP, or for those which apportioned registration is optional. This would include vehicles lighter than 26,000 pounds registered GVW, charter buses, vehicles operating on re-

stricted plates and other vehicle types exempt from IRP requirements. Currently, the IRP doesn’t actually provide for free registration reciprocity for those non-IRP vehicles. INCVA was initially conceived as a means of providing a modern, free registration reciprocity agreement for non-IRP commercial vehicles and would serve as a companion agreement to the IRP. INCVA is also intended to provide a single-source binding agreement of free reciprocity for all commercial vehicles by superseding dated agreements from the 1950s to the 1980s. IRP’s INCVA task force is working to find out if a new reciprocity agreement would be beneficial for vehicle operation within the US and for vehicles operating between the US and Canada. Canadians already enjoy the benefit of a very similar agreement between provinces called the Canadian Agreement on Vehicle Registration (CAVR). The simplification of the registration requirements for non-apportioned commercial vehicles would reduce the administrative burdens for jurisdictions and industry alike. It would also provide certainty of registration requirements for jurisdictions, commercial vehicle owners and law enforcement. For more information, visit the IRP website at www.irponline.org.

A S S O C I AT E M E M B E R N E W S

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Arizona Trucking Association Cambridge Systematics, Inc. Chesapeake Energy Corporation Coach USA Code Corporation Compliance Safety Systems, LLC DATTCO, Inc. Dibble Trucking, Inc. Greatwide Truckload Management Hoffman Transportation, LLC Intercomp Company J. B. Hunt Transport, Inc. NATC, Inc.

National Tank Truck Carriers Old Dominion Freight Line, Inc. Praxair, Inc. Schneider National, Inc. Wal-Mart Transportation, LLC Warren Transport, Inc.

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CVSA

Executive Committee, Committee & Program Chairs CVSA Executive Committee President Assistant Chief. David Palmer Texas Department of Public Safety

Vice President Maj. Mark Savage Colorado State Patrol

Interim Secretary/Treasurer Lt. Daniel Cusumano Rhode Island State Police

REGION PRESIDENTS Region I Sgt. Raymond Weiss New York State Police

REGION VICE PRESIDENTS (Non-Voting) Region I Tpr. Steve Bedard Massachusetts State Police

Past Presidents Capt. Steve Dowling California Highway Patrol

Region II Capt. Douglas Shackleford North Carolina State Highway Patrol

Region II Sgt. Philip Taylor Alabama Department of Public Safety

Region III Alan Martin Public Utilities Commission of Ohio

Region III Maj. Lance Evans Iowa Dept. of Transportation

Region VI Lt. Bruce Pollei Utah Highway Patrol

Region VI Capt. Chris Mayrant New Mexico Department of Public Safety

Region V Reg Wightman Manitoba Infrastructure & Transportation

Region V Pierre Pratte Contrôle Routier Québec

LOCAL PRESIDENT Officer Robert Mills Fort Worth Police Department

LOCAL VICE PRESIDENT (Non-Voting) Sgt. James Slykhuis York Regional Police

Darren E. Christle Manitoba Infrastructure & Transportation Government Non-Voting Members William “Bill” Quade, Federal Motor Carrier Safety Administration (FMCSA) William “Bill” Arrington, Transportation Security Administration (TSA) Ryan Posten, Pipeline & Hazardous Materials Safety Administration (PHMSA) Doug MacEwen, Canadian Council of Motor Transport Administrators (CCMTA), CRA Chair Mauricio Hinojosa, Secretaría de Comunicaciones y Transportes (SCT) ASSOCIATE NON-VOTING MEMBER Gerald Krisa, MBA, Chair, Associate Advisory Committee, R+L Carriers, Inc.

COMMITTEE CHAIRS Associate Advisory Committee Gerald Krisa, MBA R+L Carriers, Inc.

Passenger Carrier Committee Lt. Don Bridge, Jr. Connecticut Department of Motor Vehicles

PROGRAM CHAIRS Level VI Inspection Carlisle Smith Public Utilities Commission of Ohio

Driver-Traffic Enforcement Committee Lt. Thomas Fitzgerald Massachusetts State Police

Program Initiatives Committee Sgt. William “Don” Rhodes South Carolina State Transport Police

COHMED Capt. William “Bill” Reese Idaho State Police

Size & Weight Committee Capt. Jay Thompson Arkansas Highway Police

International Safety Team Capt. Bill Dofflemyer Maryland State Police

Training Committee Sgt. Rocco Domenico Colorado State Patrol

Driver Excellence Award Sgt. David Medeiros Rhode Island State Police

Vehicle Committee Kerri Wirachowsky Ontario Ministry of Transportation

Operation Safe Driver Brian Neal FedEx Ground Corp.

Hazardous Materials Committee Sgt. Thomas Fuller New York State Police Information Systems Committee Capt. William “Jake” Elovirta Vermont Department of Motor Vehicles

Frances “Buzzy” France Maryland State Police

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Operation Airbrake Theresa Broadbent Landstar Roadcheck Lt. Mike Junkin Alabama Department of Public Safety North American Inspectors Championship (NAIC) Paul Tamburelli Checkmark Vehicle Safety Services, Inc.

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RAD INSPECTION NEWS DOE Reaches Recovery Act Goal with Cleanup of all Legacy Transuranic Waste at Sandia Nation Laboratories The U.S. Department of Energy (DOE) completed cleanup of the Cold War legacy transuranic (TRU) waste at Sandia National Laboratories (Sandia) in Albuquerque, NM when four shipments of remotehandled (RH) TRU waste from Sandia arrived at the Waste Isolation Pilot Plant (WIPP) near Carlsbad, NM for permanent disposal on May 2, 2012. The DOE Carlsbad Field Office (CBFO) reached one of its final milestones under the American Recovery and Reinvestment Act (ARRA) with the legacy TRU cleanup at Sandia. Under ARRA, legacy TRU waste shipments were expedited in support of DOE’s goal to dispose of 90 percent of legacy TRU waste by 2015. The Sandia waste shipment campaign, which began in 2011, was supported by $1.6 million in ARRA funding. “An important component of the Department’s ARRA investment was to focus on waste removal from small quantity sites at locations around the country where a comparatively small amount of legacy TRU waste was present,” said Senior Advisor for EM David Huizenga. “With the last shipment of RH TRU waste from Sandia, we’ve now achieved goals to remove legacy TRU waste from eight small quantity sites with ARRA funds.” Sandia was also the 22nd site in the nation to be completely cleaned of legacy TRU waste. “The removal of legacy TRU waste from sites greatly reduces our ColdWar footprint and fewer people

now live in the proximity of TRU waste as the result of ARRA funding,” said Huizenga. New Mexico Governor Susana Martinez, who was on hand to see the shipments leave Sandia, said the milestone is extremely important to New Mexico and its residents. “Cleaning up the legacy TRU waste at Sandia helps further reduce the nuclear waste footprint in the State of New Mexico,” said Governor Martinez. ARRA funds allowed highly-trained teams to safely prepare and load waste shipments ahead of schedule and resulted in the cleanup of defense-related TRU from the following: • General Electric Vallecitos Nuclear Center-CA • Lawrence Livermore National Laboratory-Site 300-CA • Lawrence Berkeley National Laboratory-CA • Nevada National Security Site (Nevada Test Site)-NV • Nuclear Radiation Development, LLC-NY • Argonne National Laboratory-IL • Bettis Atomic Power Laboratory-PA • Sandia National Laboratories-NM WIPP became operational in 1999, and 14 sites were cleaned of legacy TRU waste during its first 10 years. Through the $172 million ARRA investment, eight additional sites were cleaned of legacy TRU waste during the three-year period that followed.

LEVEL VI CLASSES SCHEDULED FOR 2012 Under a cooperative agreement with the U.S. DOE, CVSA has scheduled the Level VI Classes for 2012 to certify inspectors to conduct Level VI inspection on all 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. The following are the remaining classes scheduled:

Scranton, PA—October 1-4 Sacramento, CA—October 15-18 Austin, TX—November 5-8 Any state interested hosting a class or needs inspectors trained is asked to contact Larry D. Stern, Director, Level VI Program, at larrys@cvsa.org or 301-830-6147. VISIT CVSA’S LEVEL VI WEBSITE for the up-to-date information regarding the Level VI Program. Information including the minutes of the Level VI Program Committee Meeting in Bellevue, Washington, Level VI training and public outreach schedules. Also, you can ask questions concerning the Level VI Inspection Program and the Level VI Online Forum (blog). Visit www.cvsa.org click on Programs, then click on the Level VI radiation symbol and you are in the Level VI website.

LEVEL VI CLASSES SCHEDULED FOR 2013 CVSA is planning the 2013 Level VI Basic Classes for radioactive shipments inspection program. Under a cooperative agreement with the U.S. DOE, CVSA will schedule eight classes for inspecting motor carriers and their drivers transporting transuranic waste and Highway Route Controlled Quantities (HRCQ) shipment of radioactive material. Under this cooperative agreement, CVSA will provide the Level VI training to jurisdictional inspectors who meet the prerequisite (CVSA Level I and HazMat certified). Any jurisdiction that needs inspectors trained and/or can host a Level VI Class in 2013 is asked to contact Larry D. Stern at 304-292-1601 or at larrys@cvsa.org by August 31, 2012.

RAD Inspection News is made possible under a Cooperative Agreement with the U.S. Department of Energy.

THIRD QUARTER 2012

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Blue Ribbon Commisson on America’s Nuclear Future Issues Final Report to Secretary of Energy The Blue Ribbon Commission on America’s Nuclear Future today released its final report to the U.S. Energy Secretary, detailing comprehensive recommendations for creating a safe, long term solution for managing and disposing of the nation’s spent nuclear fuel and high-level radioactive waste. The report is the culmination of nearly two years of work by the commission and its subcommittees, which met more than two dozen times since March 2010, gathering testimony from experts and stakeholders, as well as visiting nuclear waste management facilities both domestic and overseas. The commission, co-chaired by former Congressman Lee H. Hamilton and former National Security Advisor Brent Scowcroft, was tasked by Energy Secretary Steven Chu with devising a new strategy for managing the nations sizable and growing inventory of nuclear waste. Scowcroft and Hamilton said they believed the report’s recommendations offer a practical and promising path forward, and cautioned that failing to act to address the issue will be damaging and costly. “The majority of these recommendations require action to be taken by the Administration and Congress, and offer what we believe is the best chance of success going forward, based on previous nuclear waste management experience in the U.S. and abroad,” the Commissioners wrote in a letter to Chu that accompanied the report. “We urge that you promptly designate a senior official with sufficient authority to coordinate all of the DOE elements involved in the implementation of the Commission’s recommendations.” The report noted that the Obama Administration’s decision to halt work on a repository at Yucca Mountain in Nevada is the latest indicator of a nuclear waste management policy that has been troubled for decades and has now reached an impasse. Allowing that impasse to continue is not an option, the report said. “The need for a new strategy is urgent, not just to address these damages and costs but because this generation has a fundamental, ethical obligation to avoid burdening future generations with the entire task of finding a safe, permanent solution for managing hazardous nuclear materials they had no part in creating,” the Commission wrote in the report’s Executive Summary. The strategy outlined in the Commission report contains three crucial elements. First, the Commission recommends a consent-based approach to siting future nuclear waste storage and disposal facilities, noting that trying to force such facilities on unwilling states, tribes and communities has not worked. Second, the Commission recommends that the responsibility for the nation’s nuclear waste management program be transferred to a new organization; one that is independent of the DOE and dedicated solely to assuring the safe storage and ultimate disposal of spent nuclear waste fuel and high-level radioactive waste. Third, the Commission recommends changing the manner in which fees being paid into the Nuclear Waste Fund-about $750 million a year-are treated in the federal budget to ensure they are being set aside and available for use as Congress initially intended.

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The report also recommends immediate efforts to commence development of at least one geologic disposal facility and at least one consolidated storage facility, as well as efforts to prepare for the eventual large-scale transport of spent nuclear fuel and high-level waste from current storage sites to those facilities. The report also recommends the U.S. continue to provide support for nuclear energy innovation and workforce development, as well as strengthening its international leadership role in efforts to address safety, waste management, non-proliferation and security concerns. The Commission noted that it was specifically not tasked with rendering any opinion on the suitability of Yucca Mountain, proposing any specific site for a waste management facility, or offering any opinion on the role of nuclear power in the nation’s energy supply mix. “These are all important questions that will engage policy makers and the public in the years ahead,” the Commission wrote. “However, none of them alters the urgent need to change and improve our strategy for managing the high-level wastes and spent fuel that already exist and will continue to accumulate so long as nuclear reactors operate in this county.” What the Commission has endeavored to do is recommend a sound waste management approach that can lead to the resolution of the current impasse, and can and should be applied regardless of what site or sites are ultimately chosen to serve as the permanent disposal facility for America’s spent nuclear fuel and other high-level nuclear wastes. The United States currently has more than 65,000 tons of spent nuclear fuel stored at about 75 operating and shutdown reactor sites around the country. More than 2,000 tons are being produced each year. The DOE also is storing an additional 2,500 tons of spent fuel and large volumes of highlevel nuclear waste, mostly from past weapons programs, at a handful of government-owned sites. In addition to co-chairmen Hamilton and Scowcroft, members of the Commission included Mr. Mark H. Ayers, the Hon. Vicky A. Bailey, Dr. Albert Carnesale, Sen. Pete Domenici, Ms. Susan Eisenhower, Sen. Chuck Hagel, Mr. Jonathan Lash, Dr. Allison M. Macfarlane, Dr. Richard A. Meserve, Dr. Ernest J. Moniz, Dr. Per Peterson, Mr. John Rowe, and Rep. Phil Sharp. The Commission’s full report is available at: www.brc.gov.

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New Level VI Inspection Clarification for Level VI Decals in Inclement Weather If after a vehicle transporting HRCQ or transuranic waste successfully passes point-of-origin Level VI inspection and a Level VI decal cannot be applied due to inclement weather conditions, the decal will be placed onto the back of the Level VI Inspection form. The driver of the vehicle will be required to provide the inspection and decal to any inspection official who requests it while en route to the final destination. If the driver cannot provide both the inspection and decal when requested, another Level VI point-of-origin inspection must be completed, and a new Level VI decal affixed upon the completion of the Level VI inspection criteria.

Level VI National Instructor Promoted Todd Armstrong has been promoted to Master Sergeant and Commercial Vehicle Section Supervisor for the Illinois State Police (ISP). His new duties are to administer the MCSAP program for the ISP, including all budgetary items, provides operational supervision for the 70 commercial vehicle enforcement Officers in the field and 50 truck weight inspectors. He assists the Department with its goals for reducing traffic crashes and fatalities involving CMVs. He is also in charge of the Level VI Inspection Program in Illinois. The ISP is a MCSAP sub-grantee of the Illinois Department of Transportation; and works closely with them regarding all aspects of MCSAP. Todd has been very active with the CVSA Level VI Program as one of the nine Level VI National Instructors and a member of the Level VI Program committee. He is not going to be able to continue his duties as Level VI National Instructor because of his new duties, but will continue serving on the Level VI Program committee. Congratulations to Todd from the Level VI Team!!

THIRD QUARTER 2012

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SEE YOU THERE

August 6-9, 2012 Hyatt Regency Minneapolis Minneapolis, MN

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

CALENDER OF EVENTS Budget Committee Meeting August 6, 2012 Minneapolis, MN Summer Executive Committee Meeting August 6, 2012 Minneapolis, MN NAIC 2012 August 6 – 11, 2012 Minneapolis, MN Brake Safety Week 2012 September 9-15, 2012 Executive Committee Meeting September 23, 2012 Portland, ME CVSA ANNUAL CONFERENCE & EXHIBITION September 24 – 27, 2012 Portland, ME Operation Safe Driver Week 2012 October 14-20, 2012