CVSA Guardian 2nd Quarter 2014 by CVSA

GUARDIAN A Publication of the Commercial Vehicle Safety Alliance

Volume 21, Issue 2 2nd Quarter 2014

Safety Leaves No Room for Distraction Plus... A Recap of CVSAâ&#x20AC;&#x2122;s Workshop Preserving Electronic Data in CMV Crashes What the Roadside Officer and Motor Carrier Need to Know

& More!

GUARDIAN Second Quarter Volume 21, Issue 2 www.cvsa.org

IN THIS ISSUE n Insight

President’s Message ................................................................................1 Executive Director’s Message................................................................2 Knowledge Matters Deﬁning Underinﬂation ......................................................................3 Preserving Electronic Data in CMV Crashes ..................................5 n Cover Story

Safety Leaves No Room for Distraction ..................................................7 n Government News

Ask the FMCSA Administrator ..............................................................9 Updates on the FMCSA Pre-Employment Screening Program ..10 The Oﬃce of Defects Investigation Needs Your Help....................11 The National Law Enforcement Liaison Program Aims to Enhance Support for the Law Enforcement Liaison Community ............................................................................12 Motor Carrier Hazmat Safety Issue Highlighted.............................13 The Pipeline and Hazardous Materials Safety Administration’s Unreported Incident Program..........................................................14 Spotlight on Crude Oil Transportation Safety..................................16 Biennial Update Requirements Take Eﬀect......................................18 MCSAP Planning Meetings and Grant Training Lay Groundwork for Improved Communication ................................19 Get Road Smart about CSA ..................................................................19 The Legislative & Regulatory Rundown ...........................................20 n CVSA Committee & Program News

CMV Community Gathered to Discuss Quality, Uniformity and Consistency in Safety and Enforcement at 2014 CVSA Workshop......................................................................21 Learn More About Your Nominees for CVSA Secretary ..............22 Recap of the 2014 COHMED Conference ........................................24 n Inspector’s Corner

Uniformity and Integrity in the Inspection Program ....................25 n Regional News

Maryland Motor Truck Association’s Vice President of Safety is Recognized as “Person of the Year” ........................26 Joint Agency Cargo Security Strike Force Conducted at Boston’s Logan International Airport........................................26 Planned Commercial Motor Vehicle Inspection and Outreach Operations in Florida ......................................................27 Alert Today, Alive Tomorrow ..............................................................27 Mexico: Revision of Standard for Weight and Dimensions (NOM-012)............................................................................................28 Harry Squires Presented with ISRI’s Safe Driver of the Year Award ..............................................................................29 New Entrant Safety Audits in Washington State Gather Critical Safety Data ..............................................................30 Oregon's Partners in Passenger Safety..............................................31 County Weighmaster Killed..................................................................31 Conference for Bus Drivers Held in Québec City ..........................32 Rimshot ....................................................................................................32 GUARDIAN

GUARDIAN A Publication of the Commercial Vehicle Safety Alliance

n From the Driver's Seat

The Lost Art ..............................................................................................33 n Safety Innovators

UPS Initiates Electronic Hazmat Process ........................................34 n RAD Inspection News

Two Events Cause Operations to be Suspended at the WIPP Site ..............................................................................................35 Level VI 2014 Class Schedule ..............................................................36 Level VI Certiﬁcation Class 142 ..........................................................36 2014 Level VI “Train the Trainer” Course a Success ......................36 Level VI Program Featured at the 2014 COHMED Conference ....37 Los Alamos National Laboratory (LANL) Waste will Continue to Move ..............................................................................37 Level VI Program Public Outreach..........................................................37 Level VI Roadside Inspections (2014 - Fiscal).................................38 WIPP Shipment & Disposal Information .........................................38

GUARDIAN 6303 Ivy Lane • Suite 310 • Greenbelt, MD 20770-6319 Phone: 301-830-6143 • Fax: 301-830-6144 Guardian is published quarterly by the Commercial Vehicle Safety Alliance with support from the Federal Motor Carrier Safety Administration. CVSA and FMCSA are dedicated to government and industry working together to promote commercial vehicle safety on North American highways. CVSA Staff: Stephen A. Keppler, Executive Director • Collin B. Mooney, CAE, Deputy Executive Director • Carlisle Smith, Director, Hazardous Materials Programs • Adrienne Gildea, Director, Policy & Government Affairs • Michael Irwin, Director, Driver and Training Programs • William P. Schaefer, Director, Vehicle Programs • Iris R. Leonard, Manager, Member & Program Services • Nicole Leandro, Manager, Communications • Edgar M. Martinez, Member Services • Claudia V. McNatt, Manager, Meetings & Events • J. Craig Defibaugh, Controller • Wanica L. Foreman, Administrative Assistant Copyright 2014, CVSA. All rights reserved. No part of this issue may be reproduced without written permission from the publisher. For comments, suggestions or information, please email communications@cvsa.org. Commercial Vehicle Safety Alliance

@cvsa

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PRESIDENT’S MESSAGE Partners in Safety By Sgt. Tom Fuller, New York State Police

I found myself enhancing the basic knowledge I learned in class and becoming more knowledgeable and, therefore, a better inspector.

The Commercial Vehicle Safety Alliance’s mission is to promote commercial motor vehicle safety by providing leadership to enforcement, industry and policy makers. Why do we provide leadership to three different groups of people? CVSA and its leadership realize that no one agency, company or administration can do the job by themselves. The only way it can be obtained is in a true partnership where each partner works toward the greater goal of the Alliance. When I became a member of the Commercial Vehicle Enforcement Unit (CVEU), I attended each of the required courses to become a certified inspector. These courses were instructed by associate staff instructors certified by the National Training Center (NTC). The instructors are mainly state employees who work cooperatively with their federal partners to bring the best training to new inspectors. NTC and the associate staff instructors work together to keep the curriculum accurate and up to date. I passed each course and then performed the required number of inspections under the direct supervision of a certified inspector. The person who supervised my inspections was a senior member of the CVEU who tended to have the same philosophy as many inspectors: making our roads safer through strict adherence to the regulations. After I was certified as an inspector and now out on my own, I found the job to be enjoyable and very educational. Before I transferred to the CVEU, I was part a Traffic Enforcement Unit which was responsible for enforcing the New York State (NYS) Vehicle and Traffic Law. In simple terms, I was the one trooper you didn’t want to meet out on the road because, generally, it meant you were going to be on the receiving end of a summons. Each and every stop, I listened to drivers begging, pleading, crying and making excuses for their actions. Now, as part of the CVEU, I was dealing with a different group of the motoring public. I, generally, found the drivers whom I inspected to be very professional and proud of the vehicle they were operating. Instead of listening to excuses, I found myself initiating conversations with drivers. Those conversations were very educational.

So after I finished an inspection, I would then ask the driver about some of the systems on his truck. They showed me how they worked and some of the benefits and problems of those systems. I found myself enhancing the basic knowledge I learned in class and becoming more knowledgeable and, therefore, a better inspector. It is because of these interactions and the assistance of some of these professional drivers that my philosophy of making our roads safer through strict adherence to the regulations changed to a more educational interaction between myself and the commercial motor vehicle driver. After talking to so many drivers, I was able to easily differentiate between those drivers who honestly didn’t know what they were doing and the ones who played the game just to hide the fact their companies were cutting corners with safety. With my now reformulated approach to the inspection, the drivers and companies that honestly just didn’t know looked at the inspection as an educational experience and have become some of the safest companies on the roads. They appreciated the opportunity to make the corrections without the disciplinary action of penalties being imposed. In turn, they became more diligent in performing required maintenance, filing required paperwork and educating other drivers in their company. These interactions on the side of the road have fostered some very long relationships that still exist today. Without this beneficial relationship between law enforcement and industry, neither side can achieve the ultimate goal of safety. We have learned many lessons from each other, including the most important lesson of respect for each other. Most law enforcement and industry are doing their best to make the roads safer and, in turn, save lives. But none one of us can do it all by ourselves. It must be a cooperative effort from everyone involved; only then can we achieve the safest roads in the world. n

As a safety inspector, we have to deal with all types of motor vehicles made by diﬀerent manufacturers. It is very diﬃcult to know everything about each vehicle and their systems. I learned more from the drivers because they generally operated the same vehicle each and every day and became knowledgeable on their vehicle.

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EXECUTIVE DIRECTOR’S MESSAGE Why Is Data So Important? By Stephen A. Keppler, Executive Director, CVSA

The reality of today and for the future is that we are in a world forever changed and shaped by technology and data.

Many of us may, at times, get overwhelmed with data and statistics. We hear words like “performancebased” and “data-driven” quite a bit. Sometimes, we may get tired of hearing these terms and others like them. As safety professionals, we ultimately are in the people business, impacting the lives of so many, and data is a very abstract term that can’t be touched or felt, nor can it directly help people. Over time, our experiences help shape us as professionals, and often these experiences and our actions are based on intuition, not on numbers. The reality of today and for the future is that we are in a world forever changed and shaped by technology and data. For those of you who attended the annual conference in Denver last fall, I mentioned in the State of the Alliance that the year CVSA was oﬃcially established as an organization (1983) was also the same year the cell phone and Microsoft Word were introduced. Is this just a coincidence or is there more to it? Transportation and, in particular, transportation safety is a profession that is not sexy. When we are successful in our jobs, it does not grab headlines. When things go wrong, however, it does. The analogy I often use is we are like referees in a sporting event. If the referee is doing his or her job correctly they go unnoticed, but if they make a mistake you can bet they will be noticed. The reality is we are all humans and humans make mistakes. So how does this relate to data? Just about everything we do in this business creates data, raw and sometimes unrelated bits and bytes. To make sense of these seemingly unrelated pieces, we need to group like things together to generate information which provides context to our actions and the data we produce. From information, we produce knowledge and knowledge is what matters. It is knowledge that allows us to learn. We are successful when we apply this knowledge appropriately to our behaviors and actions. We become smarter because of knowledge. We become more eﬃcient because of knowledge. We save lives because of knowledge.

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The other important factor about the successful conversion of data into knowledge is it often allows us to be quicker at ﬁnding solutions. Unlike years past when we relied almost exclusively on our experiences to identify solutions, the data we have access to today can help us to identify problems sooner and accelerate our learning such that it provides added value to our experiences and ultimately the decisions we make. Because safety is not a sexy profession, we have to work harder. We aren’t advertisers or marketers who are trying to convince people to buy something. The public and companies we serve have high expectations of us and just expect safety to happen. We know it is not that easy. In addition, politicians don’t like to allocate resources and ask their constituents to pay for something in the hopes of “preventing” something from happening. We have to continually prove to people we are necessary. Compounding this is the fact that we have less room for error because when we make poor decisions, bad things can happen, the ramiﬁcations of which can be devastating. Data helps us to rationalize and inform, as well as minimize the variability in our decisions. Data and information help make our case for why safety is necessary. It helps to chart our progress, good or bad, and allows us to evolve our knowledge and strategies to continually improve our craft. Although we sometimes may get tired of data, when used properly, it can be our friend and also can be a friend to the many people we serve, who will never know what we have done to save their life or the lives of their loved ones. So, was the creation of the cell phone, Microsoft Word and CVSA all in the same year a coincidence? I think not. I believe it was foreshadowing of our future and the need for us to embrace technology and data. It is here to stay and our ability to turn it into knowledge is a key to our success now and in the future. n

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KNOWLEDGE MATTERS Deﬁning Underinﬂation By Asa Sharp

CVSA is instructing inspectors to no longer document underinflated conditions as violations unless they fall within our flat tire definition.

efining underinflation seems like a simple enough task, and it actually is simple if we’re talking solely about passenger cars or light-duty trucks. The answer for these vehicles is easily found in the owners manual under the alphabetical index labeled “tires.” Easier yet, all new cars/light trucks manufactured in the last three or four decades are required to be labeled with the recommended tire size and inflation pressures on a placard typically placed on the left front door jamb or inside the flip out fuel filler door. This is not the case, however, for Class 5-8 highway trucks. These working freight haulers are used in a variety of service conditions, and carry loads ranging from steel coils to feather mattresses and anything in between. Also, a mere five popular tire sizes are employed to outfit approximately 90 percent of this wide array of vehicles. This limited number of tire and wheel sizes helps to maximize vehicle flexibility, and simplify purchasing, inventory, maintenance, in-route servicing, retreading and even final disposal. A wide range of gross vehicle weight ratings (GVWRs) are covered but, more importantly, a vast diversity of loads, service conditions and vehicle configurations are addressed with this small number of tire/wheel sizes and load ranges.

One noteworthy point is that the sidewall stamping for passenger and light truck tires is stated as a “maximum load rating at a maximum inflation pressure.” Medium and heavy truck tires, on the other hand, are stated as maximum load ratings at an accompanying (but not maximum) inflation pressure. Load ratings for these tires may be changed primarily for certain speed restrictions; but, more importantly, inflation pressures may be adjusted, both up or down, when actual loads being carried are different from the loads shown on the tire sidewall stamping. These basic ratings and a number of permissible adjustments for actual service conditions are standardized. Therefore, all tires of a given size designation have the same ratings, by the Tire and Rim Association (TSA), regardless of manufacturer. Essentially, a sliding scale showing actual service loads with accompanying minimum cold inflation pressures details the basis for establishing minimum required inflation pressures. In many cases, these values may be significantly different from those shown on the tire sidewall stamping. The bottom line here is that determining the proper inflation and, therefore, defining whether the tire is over or under inflated, is Continued on next page

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KNOWLEDGE MATTERS Continued from page 3

only possible by knowing the actual load and service conditions. Note also that actual truck tire loads are usually different by axle. While it is normally assumed that loads are equally distributed side to side, it is necessary to obtain individual axle weights, and then consult the TRA tables to determine whether or not a tire is under or over inflated. One other complication is that the TRA tables are expressed in “cold” pressures, which is normally defined as approximately 65 to 70 degrees F. It is normal for truck tires in linehaul service to increase pressures from heat buildup approximately five to as much as 20 psi over “cold” conditions. This buildup varies primarily with speed, load, ambient and road surface temperature. Therefore, the most accurate inflation pressure checks are pre-trip or after the tires have been at rest for two hours following use at highway speeds. Some fleets have determined an accurate cold to hot pressure relationship based on vehicle types, service conditions, especially typical axle loads, speeds and other variables. However, this information would not be known to in-route service providers or inspection personnel. There is no accurate way to define underinflation based on the truck tire sidewall stamping. A number of other variables must be considered for an accurate definition. Knowledgeable tire manufacturers are able to assist in the determination of optimum inflation pressures to ensure safety, maximize tread life and obtain casing longevity for multiple retreads. n Reprinted from the February 2014 issue of Fleet Equipment. A Babcox Media publication.

CVSA’s Definitions for Documenting Underinflation at Roadside CVSA recently established clearer definitions for inspectors of what tire inflation violations can be equitably documented at roadside. A flat tire, for the purposes of roadside commercial vehicle enforcement, is defined as a tire inflated to 50 percent or less of the cold inflation pressure at maximum load as marked on the sidewall of the tire. An underinflated tire condition, on the other hand, cannot practically be properly assessed by CVSA inspectors at roadside. Therefore, CVSA is instructing inspectors to no longer document underinflated conditions as violations unless they fall within our flat tire definition. CVSA received invaluable input from both industry and safety regulators to arrive at these definitions. CVSA reached out to the S.6 Tires and Wheels Study Group of the Technology and Maintenance Council (TMC), which thoroughly considered possible approaches to identify underinflation and offered suggested approaches. However, the TMC group and CVSA concluded the circumstances at roadside make assessments of underinflation infeasible for inspectors, unless the tire becomes flat per our definition above. Participation in the TMC Study Group included representation from all the major tire manufacturers, as well as motor carriers. CVSA also took into account information from the U.S. Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration to make these conclusions. As is well explained in this article (on this and the previous page) by Asa Sharp, assessing a commercial vehicle tire as underinflated, if not flat per our definition above, simply cannot be accurately achieved nor fairly documented as a violation based on the tire sidewall stamping.

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The following excerpt from CVSA’s Operational Policy 15 summarizes guidance from the FMCSA intended to help clarify proper documentation of tire inflation violations. Operational Policy 15 is for frequently asked questions relating to properly documenting violations. The excerpt below is in reference to the North American Standard Out-of-Service Criteria, item 11. 11. TIRES Regulatory Guidance QUESTION: If a tire has a max inflation pressure of 110 psi, but measures 80 psi, should a violation be written? If so, what section? ANSWER: No, a violation should not be written. In order to issue a violation for having low inflation pressure, the inspector would have to have a chart which identifies the load carrying capacity for the tire at different inflation pressures as well as for the particular load that is being carried. There are too many different tire sizes to put this level of information into the regulation. An underinflated tire is not a violation until it meets the OOSC and 393.75(a)(3) is the proper section to be used. 393.75(h) should not be written for an underinflated tire. A violation of 393.75(f) should only be written when the opportunity to weigh a vehicle is present, and the weight on a tire exceeds the tire load carrying capacity (as printed on the sidewall of the tire). For more information, contact William Schaefer, director, Vehicle Programs, CVSA, at williams@cvsa.org or 301-830-6154.

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Preserving Electronic Data in CMV Crashes What the Roadside Oﬃcer and Motor Carrier Need to Know By John E. Harrison, Past-President, CVSA (2007-2008), Investigator, Collision Specialists, Inc.

he aviation industry began installing flight data recorders or “black boxes” on commercial aircrafts in the 1950s; those recorders became mandatory in the 1960s. Today, most of the general public is familiar with the existence of black boxes in aircrafts. What is much less known to the general public and the general lawenforcement community is that most commercial trucks and buses are equipped with some form of event data recorders (EDRs), commonly known as “black boxes.” In this article, I will attempt to familiarize roadside officers and motor carrier officials with EDRs in trucks and buses and what should be done to preserve the data generated as the result of a crash. I also will discuss other forms of electronic data sometimes available following a crash. For most commercial vehicles, the EDR is a small part of the vehicle’s onboard electronic systems that control engine performance and emissions; the EDR function is most commonly part of the engine control module (ECM). Consequently, the EDR function in most commercial motor vehicles (CMVs) originally was created for diagnosing engine problems, not for accident reconstruction purposes. For example, some EDRs start recording when a fault code is tripped, such as low oil pressure. However, significant testing has been performed and many studies have been published on the accuracy of EDR data in CMVs confirming said data to be reliable for accident reconstruction purposes. Unlike most automobiles, the EDR function is dictated by the engine manufacturer, not necessarily the truck manufacturer. For example, a Cummins diesel engine might be found in many different brands of trucks, such as Peterbilt, Freightliner, Mack, etc. Accordingly, a truck with a Cummins engine will generally have the same EDR capabilities regardless of the brand of truck the engine is installed in. The same holds true for another popular engine, the Detroit Diesel. Other common engine manufacturers with EDR capabilities are: International Maxforce, Caterpillar, Mack, Volvo, MercedesBenz and Paccar.

What Data Is Available? Generally speaking, the EDR function of a commercial engine is capable of capturing at least one or more types of events useful in deciphering the dynamics of a crash: • sudden deceleration or otherwise known as a “hard brake” event • a last stop record • fault code snapshots These events are not locked in the EDR and are vulnerable to being overwritten or lost. As an oﬃcer or company oﬃcial on the scene of a crash, it is important to know what needs to be done to preserve or protect this valuable data.

Sudden Deceleration or Hard Brake Events For those who have experience as a truck safety manager and/or have been involved in a lawsuit or a claim for damages, a common ﬁrst thought of the automobile driver is that the truck was speeding. The data captured by an EDR may either dispel or conﬁrm such a claim. I’ve worked many crashes representing trucking companies where the truck driver was traveling within the speed limit and a car driver failed to yield the right-of-way and pulled directly into the path of the truck, and a claim that the truck was speeding was made. The sudden deceleration

or hard brake record is very valuable in investigating this type of crash. Hard brake events are generally triggered when a vehicle drops 7 to 10 MPH in one second. When this threshold is met, the EDR will record a snapshot in time with the speeds, throttle position, engine RPM and brake lamp circuit status. Depending on the engine manufacturer, two or three hard brake events are stored in the EDR. As a new event is created, the oldest of the group is overwritten. Therefore, a truck might be driven after a crash and the pertinent record might still be available until something new comes along to overwrite it.

Last Stop Record Another type of record created by EDRs is the “last stop” record. This type of record can be valuable in turning-type intersection collisions or where a truck enters the roadway from a driveway, etc. In these types of collisions, a hard brake event usually is not triggered. Of the types of events recorded in most EDRs, the “last stop” record is most vulnerable to loss. The last stop record is just what it sounds like; every time a truck comes to a stop, a record going back to as many as 59 seconds is generated and stored in the EDR. If the truck is moved post-crash with electrical Continued on next page

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KNOWLEDGE MATTERS Continued from page 5

power on the ECM and the driveshaft is turning, that record is overwritten. Generally, moving the truck at 1.5 or more MPH will overwrite the previous record. A truck driver, wrecker driver or emergency responder might innocently move a truck to the side of the road under its own power overwriting the pertinent last stop record. There are several best practices that may be undertaken when a crash occurs in order to prevent spoliation: 1. Don’t move the crash vehicle under its own power 2. Remove the driveshaft before towing* 3. Remove all power from the ECM (disconnect all batteries) 4. Unplug the speed sensor wire at the rear of the transmission (pictured right) *If the vehicle has an automatic transmission, removing the driveshaft may not be suﬃcient to prevent the driveline on the rear of the transmission from turning when the engine is running since most CMV automatic transmissions don’t have a “park” feature like a passenger car. I’ve seen instances where the driveline at the rear of the automatic transmission would continue to rotate at engine idle with the driveshaft removed. In this case, if the speed sensor is still in place, the ECM will think the truck is moving and overwrite the last stop record. The best practice is to do as many of the four items listed above to prevent spoiling the data.

Fault Code Snapshots Most engine manufacturers incorporate some version of a “fault code snapshot.” This feature was designed to diagnose engine performance problems, but the feature often times can be useful in accident reconstruction since the speed, RPMs, etc., are captured when the fault code is triggered. A prime example of an engine fault that can trigger a snapshot is sudden loss of engine oil pressure during a collision. Fault codes can be inadvertently reset or cleared by a mechanic or other person not familiar with proper downloading procedures associated with accident reconstruction.

Reading the Data Generally, the data stored in a vehicle’s ECM or EDR can be read using software and an interface device commercially available through various engine manufacturers by connecting to the vehicle’s diagnostic port. In the case of Volvo and Mack engines, the various modules housing the data must be

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removed from the CMV and sent to one of two proprietary service centers designated by Volvo and Mack. It is not recommended that maintenance personnel undertake the downloading of EDR data unless they have been specifically trained in capturing, documenting and interpreting EDR data for accident reconstruction purposes. Many large law-enforcement agencies have specialized accident reconstruction teams that have the appropriate equipment and are trained in downloading EDR data. When EDR data is downloaded for motor carriers, a qualified accident-reconstruction firm should be utilized to retrieve and properly document the data. In the case of all Mack and Volvo engines, and other vehicles that are severely damaged, various modules and components must be removed for offsite or bench-top downloading. Knowing the various components to be removed without causing damage or spoliation is critical. A technician not properly trained can reset, erase or spoil data contained in the EDR or ECM very easily. Another critical issue is knowing how to correlate the data retrieved to the actual crash event in question, since many EDRs or ECMs don’t have real-time clocks. Even those with real-time clocks often experience a phenomenon known as “clock drift” that must be accounted for.

Other Electronic Crash-Related Data Some antilock braking system (ABS) modules on CMVs are capable of recording speed when a fault code is triggered. For example, if a front ABS rotation sensor is damaged in a frontal collision, the ABS module may log the speed when the fault was tripped. Furthermore, many motor carriers now utilize various electronic telematics systems to track and record activities, such as electronic logs, Qualcomm, etc. This data should be preserved by the motor carrier for future or potential litigation. Other business records, such as dispatch, fuel purchases, and credit card and telephone records, should be preserved as well. Don’t forget your driver’s personal cell phone records and GPS units, since most individual drivers are named in lawsuits along with the motor carrier. Accordingly, those individual records must be preserved as well. The common everyday Garmin GPS contains a trip record and, if the unit was turned on at the time of the crash, it will store a log of speeds and locations right up to the location of the crash. This data log can

be downloaded and preserved using software available from Garmin. As stated earlier, such data may be beneﬁcial in ﬁnding out the truth as to what happened and should be preserved.

Conclusion Since I retired from the Motor Carrier Safety Assistance Program in Georgia in 2011, I’ve been working in accident reconstruction specializing in commercial vehicle crashes. My goal in any crash investigation is to try and ﬁnd out what really happened and to advise my client accordingly; that client is usually a motor carrier, insurance company or attorney. In the case of a motor carrier client, it has been my experience that failing to preserve every piece of possible data, on the part of that motor carrier, often times is more detrimental than the facts in the case. In other words, the motor carrier’s “fault” in the crash can become secondary to a spoliation claim. Spoiling data – whether intentional, accidental or from not knowing – often is used against a motor carrier by the plaintiﬀ. Therefore, it is important to become more educated in this electronic age about what’s available and act accordingly. n About the author: John E. Harrison retired at the rank of captain from the Georgia Department of Public Safety and is a past-president of CVSA (2007-2008). He is currently employed as a crash analyst and CMV compliance expert with Collision Specialists, Inc., based in Gainesville, Ga. He can be reached at 770-287-8734 or jharrison@collisionspecialistsinc.com.

CO V E R S T O R Y

Safety Leaves No Room for Distraction

Distracted by talking on his hands-free cell phone, an experienced motorcoach driver failed to notice signs that warned of a low-clearance bridge ahead. He struck the underside of bridge; the top of the bus was sheared oﬀ. Eleven passengers were injured. By Robert L. Sumwalt, Board Member, National Transportation Safety Board, and Danielle E. Roeber, Chief, Safety Advocacy Division, National Transportation Safety Board

Distracted driving has existed for as long as we have had motor vehicles. In fact, the National Highway Traﬃc Safety Administration (NHTSA) estimates that 3,328 people were killed (10 percent of traﬃc deaths) and an additional 421,000 people were injured in motor vehicle crashes involving distracted drivers in 2012. The more recent widespread use of portable electronic devices (PEDs) has focused national attention on the problems that occur when PEDs and driving intersect. Continued on next page

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CO V E R S T O R Y

Distraction from PEDs is not a vehicle problem; it is a human one.

he first crash where the National Transportation Safety Board (NTSB) determined a cell phone conversation led to the accident was in 2002. Since then, the NTSB has investigated scores of crashes, across all transportation modes, where use of a PED was cited as a cause or contributing factor. What we have learned from these accident investigations is that distraction from PEDs is not a vehicle problem; it is a human one. And, arguably, it is one approaching epidemic proportions. According to NHTSA, 415 lives were lost in 2012 due to distractions associated with PEDs; 12 percent of deaths in distraction-affected crashes. In our first PED-involved crash investigation, a 20-year-old relatively inexperienced driver was talking on a handheld cell phone when she lost control of her Ford Explorer, veered off the left side of the roadway, crossed over a median, climbed up a guardrail, flipped over and landed on top of a Ford Windstar minivan. Subsequently, a Jeep Grand Cherokee ran into the minivan. Five people died. Recognizing that young, novice drivers in particular need to minimize distractions, the NTSB recommended banning the use of PEDs for this population group. Another highway investigation involved an experienced motorcoach driver transporting high school students to visit Mt. Vernon outside of Washington, D.C. Distracted by talking on his hands-free cell phone, the driver failed to notice signs (pictured) that warned of a lowclearance bridge ahead of him. Due to the arched formation of the bridge, the curb lane had less clearance than the left lane. Because he didn’t notice the signs, he failed to move to the center lane and subsequently struck the underside of bridge. The top of the bus was sheared off and 11 passengers were injured. As a result of this crash, the NTSB expanded its PED-related recommendations to call for banning use of PEDs for CDL holders with a passenger-carrying or school bus endorsement while exercising those privileges.

Through additional accident investigations in all modes of transportation, the NTSB has acquired a body of knowledge on how PEDs and transportation do not mix. Drivers, pilots, train engineers and vessel operators have all fallen prey to the lure of PED distraction with tragic consequences. And the problem is only going to get worse. According to The Wireless Association (CTIA), in December 1997, there were 55.3 million wireless subscriber connections, representing just under 20 percent of the U.S. population. Today there are there are more than 326 million – that’s more than one cell phone for every person in the entire U.S. population. In December 2011, the NTSB issued its boldest and broadest PEDrelated recommendation – that states enact laws to prohibit the nonemergency use of PEDs for all drivers, highlighting the fact that distraction is a human problem. Furthermore, distraction is not just limited to visual or manual activities, but cognitive as well. Laws and policies that only prohibit handheld use or texting address only part of the problem and perpetuate a dangerous myth that hands-free is risk-free. However, PED research and recently released AAA Foundation for Traffic Safety research tell us this is not the case. Further evidence of cognitive distraction is underscored in the previously mentioned motorcoach crash: after striking the underside of the bridge while using a hands-free phone, the driver told investigators that he not only didn’t see the signs indicating low clearance, but he did not even see the bridge until after he hit it. NTSB investigations support the fact that distraction comes in all shapes. These accidents involve texting, handheld phones and hands-free phones. Eliminating distraction in transportation is on the NTSB’s Most Wanted List of critical changes needed to reduce transportation accidents and save lives. It will require a cultural shift on PED use and driving, and that means a comprehensive approach of laws, education and enforcement. As motor carrier safety officials and industry representatives, you have a vital role to play. You enforce laws and regulations. You lead discussions on how to make commercial transportation safer. And you have the opportunity to lead by example. In 2009, the NTSB established an internal policy that prohibits NTSB employees from using a PED while driving in an official capacity and from using an NTSB-issued PED while driving any vehicle. If you do not already have one, consider implementing and enforcing a similar policy for your organization. After all, when safety is a top organizational priority, there is no room for distractions. n

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GOV ER NMEN T NE W S

ASK THE FMCSA ADMINISTRATOR In each edition of Guardian magazine, Administrator Anne S. Ferro, Federal Motor Carrier Safety Administration, answers your questions. Have a question? Send it to AskFMCSA@dot.gov.

What are USDOT/FMCSA’s plans for the next reauthorization of its safety programs? How will proposed changes potentially affect MCSAP agencies? A: Submitted to Congress in late April, the GROW AMERICA Act (or Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America) will support millions of American jobs repairing and modernizing our roads, bridges, railways and transit systems, and provide certainty for future growth. Included in the Act is FMCSA’s proposal to streamline and consolidate our grant programs, resulting in increased efficiencies, not only for FMCSA, but for our state partners as well. First, the Motor Carrier Safety Assistance Program (MCSAP) would be restructured to include the current new entrant and border enforcement grant programs. Separate funding would no longer be issued for these programs. Instead, the basic and incentive calculations would be adjusted to include factors for each state based on the state’s previous new entrant and border enforcement programs. The highpriority program would continue under MCSAP. However, to avoid duplications, the current safety data improvement grant program would be absorbed into the high-priority program. Among other changes, the Commercial Vehicle Information Systems and Networks (CVISN) grant program would be replaced with a new Innovative Technology Program, and additional flexibility would be available to address eligible activities under the commercial driver’s license program improvement grant program. As a condition of full MCSAP funding, every state would be required to participate in the Performance and Registration Information Systems Management Program (PRISM) within three years of enactment, allowing states to suspend or revoke the registration of carriers subject to FMCSA out-of-service orders. States also would gain the ability to use MCSAP funds to conduct reviews of household goods carriers, brokers and freight forwarders, protecting the public from predatory practices. The GROW AMERICA Act proposal would provide a new minimum federal share of 85 percent, a funding level applied to each of FMCSA’s grant programs. FMCSA also would have the ability to withhold incremental amounts of MCSAP funding for

non-compliance rather than fully withholding funding. Restructuring the MCSAP program to include these additional activities means states would no longer be required to prepare and submit multiple applications for closely related commercial motor vehicle safety activities. Further, it would reduce the burden on the states for post-award grant management and would eliminate the need for multiple submissions of required documents and reports (e.g., grant agreements, amendments, vouchers for reimbursement, and quarterly performance and ﬁnancial reports). FMCSA proposes to expand locations for motorcoach inspections. Motorcoaches could be required to stop for routine inspections, provided that the inspection site has adequate food, shelter and sanitation facilities to accommodate passengers during the inspection process. Current restrictions on en-route motor coach inspections have proven too restrictive to adequately detect driver and vehicle safety violations. The GROW AMERICA Act also proposes that FMCSA be granted jurisdiction over brokers of passenger transportation. Requiring these brokers to register with FMCSA will result in them having more of a stake in ensuring that the motor carriers they work with are safe and operate in accordance with federal requirements. It also will help address the problem of entities that provide passenger transportation skirting FMCSA’s jurisdiction by claiming to be only ticket agents. Many over-the-road truck drivers are compensated by the mile or on a ﬁxed-rate per load. When detained for extended periods at shippers’ or receivers’ facilities, they are onduty but not compensated for their time. As a result, they often face pressure to drive beyond hours-of-service limits as a matter of economic necessity, risking driver fatigue and jeopardizing highway safety. FMCSA proposes to require motor carriers to compensate drivers, under certain circumstances, for on-duty/not driving periods at a rate at least equal to the federal minimum wage. While some stakeholders have proposed eliminating the applicable overtime exemption for truck drivers under the Fair Labor Standards Act, FMCSA believes that compensating drivers for detention time is a more realistic proposal that will contribute to highway safety.

Finally, the GROW AMERICA Act would take strong steps to prevent unsafe carriers from eluding FMCSA enforcement actions by allowing for criminal prosecution of a person who knowingly and willfully violates an imminent hazard out-of-service order.

Why has FMCSA created a new grants management office? How does it impact states? A: The grants management office (GMO) offers many benefits for FMCSA and our state partners. We created the GMO to fulfill the mission of providing: 1. consistency and logistical support during the pre-award and post-award phases of grants processing 2. grants policy development and oversight 3. technical guidance in the budget and financial aspects of grants 4. indirect cost rate negotiations for states 5. the development and maintenance of manuals for grants administration 6. the drafting of the policies to give comprehensive guidance to the grants community 7. training to the grantee community 8. an authoritative, one-stop center for questions from grantees and field staff on financial aspects of grant programs The GMO will continually improve on grants practices to provide a comprehensive plan for implementing reforms, to eliminate confusion over roles and responsibilities among FMCSA grants offices, and to strengthen communication and outreach to the MCSAP agencies. The GMO is instituting quarterly grant briefings to the field, which will strengthen communication throughout our MCSAP agencies. The GMO also develops training sessions through all possible venues to increase the level of expertise of staff, grantees and applicants in the area of grants management. As always, I value our partnership in saving lives. Keeping the American people safe on our roadways is a critically important role. Thank you for your continued service to the public.

SECOND QUARTER 2014

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Updates on the FMCSA Pre-Employment Screening Program Helping the trucking and motorcoach industries hire safe commercial drivers is the primary purpose behind FMCSA’s Pre-Employment Screening Program (PSP). By evaluating a driver’s safety information during the hiring process, carriers are able to better assess prospective driver-employees. PSP provides employers with instant, secure access to a driver’s U.S. Department of Transportation safety history as part of the pre-hire process. The system provides electronic access to a driver’s ﬁve-year crash and three-year inspection and violation histories from the FMCSA Motor Carrier Management Information System (MCMIS) and is available anytime at www.psp.fmcsa.dot.gov.

Study Finds Carriers Using the Pre-Employment Screening Program Lower Crash and Driver Out-of-Service Rates According to a safety impact analysis study conducted by the FMCSA, carriers using the Pre-Employment Screening Program (PSP) are contributing to improved highway safety. Companies using the PSP have realized, on average, an 8 percent reduction in their crash rate and a 17 percent decrease in their driver out-of-service (OOS) rate. The study analyzed crash rates and driver-related OOS rates during a 12month period for carriers who use the PSP on at least a monthly basis. These carriers were compared against their own performance prior to the PSP program launch, and also against a control group (carriers that do not use PSP). Based on the data, the study estimated that carriers using the PSP prevented 863 commercial motor vehicle crashes and nearly 3,600 drivers from being placed OOS roadside during the study timeframe. As part of the study, FMCSA also gathered anecdotal evidence of how companies view the PSP. Carriers use the system to ensure drivers accurately report information on their applications. At times, carriers will ﬁnd an omission of employment or crashes. According to the study report, “Violations in the PSP report for pre-trip inspections, logbooks and speeding were high on the list of concerns and were generally believed to be a better indication of a driver’s safety performance rather than violations that the driver had little direct inﬂuence to avoid.” To read the full report, visit: http://ntl.bts.gov and search “Safety Analysis and Industry Impacts of the Pre-Employment Screening Program.”

Driver Class Size

Crash Reduction Rate

Driver OOS Reduction Rate

1-5

12.4%

18.3%

6-20

20.6%

12.0%

21-100

12.1%

10.1%

> 100

3.7%

12.8%

All Sizes 8.0% 17.2% On average, carriers who use PSP reduced crashes by 8 percent and their driver OOS rates fell by 17.2 percent.

Driver Class Size

Crashes Prevented

Driver OOS Prevented

1-5

---*

6-20

199

278

21-100

664

976

> 100

---*

2,259

All Sizes 863 3,592 In the 12 months studied, 863 crashes and 3,592 driver OOS incidents were prevented by the carrier groups that use PSP. * Totals omitted due to their statistical non-signiﬁcance

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PSP Website Updated In March, the PSP website was relaunched as part of FMCSA’s website redesign. The site offers the same features and functionalities that PSP users have come to expect, all with a refreshed interface that offers a userfriendly display from any desktop or mobile device. Carriers and drivers have two options to access the PSP. They can do so directly on the PSP website or through an industry service provider. Industry service providers are companies that assist in the hiring process including background screeners, driver staffing businesses and leasing companies. To access the PSP, go to www.psp.fmcsa.dot.gov. n

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The Oﬃce of Defects Investigation Needs Your Help

Download a Webinar About the ODI Program and How Road Inspectors Can Help On June 12, CVSA oﬀered a webinar for the Oﬃce of Defects Investigation to present an overview of its program and an explanation of what it hopes to learn from roadside inspectors. A recording of the webinar is archived online and available for download at www.cvsa.org/webinars.

The Commercial Safety Vehicle Alliance (CVSA) has long been a leader in preventing injuries and deaths on America’s roads by promoting commercial vehicle safety. It’s a record to be celebrated by anyone who cares about keeping Americans safe from harm when they’re traveling. The National Highway Transportation Safety Administration’s (NHTSA) Oﬃce of Defects Investigation (ODI) also has a strong safety record and wants to prevent injuries and deaths on America’s roads. As part of its mission, ODI conducts testing, inspections and investigations necessary for the identiﬁcation and correction of safety-related defects in motor vehicles and motor-vehicle equipment. As NHTSA’s authority lies with vehicle manufactures, ODI is only authorized to get involved when there are defects in a vehicle’s design or manufacturing. ODI accomplishes its mission of identifying defects primarily through the receipt of consumer complaints. In the case of light vehicles, ODI received over 45,000 consumer complaints in 2013. However, in the case of heavy trucks and buses, ODI only received about 300 complaints during the same period. This lack of defect information on heavy trucks and buses severely limits ODI’s ability to identify defects in heavy vehicles, get these vehicles remedied and prevent potential injuries and deaths. For this reason, ODI is reaching out to the CVSA community to ask for your help. ODI knows that CVSA inspectors conducted over 3.5 million roadside inspections last year. This is a remarkable accomplishment. ODI would like to gain insight into any safety-related defects you

are seeing and ask that you report these defects to ODI. As CVSA members know, limited resources make it impossible for ODI investigators to be everywhere at once. ODI relies on public input, fire investigators, insurance companies, crash investigators and others to identify design or manufacturing defects that could possibly result in injury or death so that ODI can investigate and determine what action (if any) is necessary to remedy the issue. NHTSA and CVSA are allies in the fight for safer roads. ODI wants you to make them aware of possible safety defects in the commercial vehicles you inspect or operate. You’re on the job ensuring compliance with standards for motor carriers, drivers and vehicles. Your dayto-day hands-on experience and expertise can help make ODI aware of possible safety defects in heavy trucks or buses that might put motorists at risk. You can contact ODI’s Heavy Vehicle Division at 844-SAF-TRUCK (844-723-8782) or roadsidedefects@dot.gov. NHTSA’s consumer website – Safertruck.gov – is another resource for passing along your observations about possible safety defects in the vehicles you inspect. If you see something that you believe is a possible design, material or manufacturing defect on a vehicle, its tires or other equipment, let ODI know so the office can investigate and take appropriate action. By working together, NHTSA and CVSA can go the extra mile to protect American drivers and their families on the roads. n SECOND QUARTER 2014

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The National Law Enforcement Liaison Program Aims to Enhance Support for the Law Enforcement Liaison Community A Partnership Between the Governors Highway Safety Association and the National Highway Traffic Safety Administration environment where the LEL community operated with limited ability to communicate, share information and best practices, exchange ideas, solve problems and highlight successes. Many highway safety professionals believe that by eliminating these gaps more significant reductions are eminent. The Governors Highway Safety Association (GHSA) and NHTSA recognized the future potential of increased highway safety involvement by law enforcement and joined together to provide additional resources to support LEL programs and traffic law enforcement across the United States. The partnership resulted in the creation of the National Law Enforcement Liaison Program (NLELP). The program vision is to enhance support for the LEL community through the implementation of the following activities: Recent successes across the United States in reducing the number of fatalities and serious injuries in motor vehicle crashes are a result of several contributing factors. One of these contributing strategies is the use of evidencebased high visibility enforcement (HVE) initiatives. HVE continues to be a cornerstone countermeasure for local, state and national highway safety programs. As a means to achieve greater levels of success and save more lives each year in the nation’s quest Toward Zero Deaths (TZD), traffic safety leaders continuously seek proven and innovative strategies to expand the number of law enforcement agencies supporting fatality reduction efforts. An effective resource used to achieve these desired outcomes is the implementation of law enforcement liaison (LEL) programs at the local, state and federal levels. LELs work closely with state highway safety offices (SHSO) and National Highway Traffic Safety Administration (NHTSA) regions to provide law enforcement expertise, encourage involvement in traffic safety initiatives, and act as a liaison between the state’s law enforcement agencies and the highway safety community. The recent declines in traffic deaths and serious injuries demonstrate how high levels of success can be achieved by implementing innovative ways to engage and expand law enforcement involvement. These reductions occurred in an

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• Actively support state and national traffic safety goals by promoting LEL involvement in local, state and national traffic safety initiatives • Build a stronger national LEL communications network • Share proven strategies and best practices for engaging more law enforcement agencies in traffic safety activities • Create and support LEL training and guidance workshops to increase the knowledge and skills of LELs • Provide technical assistance to LELs, SHSOs, NHTSA regions and other traffic safety partners • Represent the LEL community at national conferences and on national traffic safety committees • Promote the use of new technology to improve data quality, program delivery and document success • Promote the secondary benefits of traffic safety as a public safety tool deterring and suppressing crime, reducing social harm, and improving quality-of-life issues in the community through proven business models such as the Data Driven Approaches to Crime and Traffic Safety (DDACTS)

GHSA selected Vernon Betkey – a law enforcement professional retired from the Maryland State Police, a former director of the Maryland Highway Safety Office, a past chairman of the GHSA and a recognized highway safety leader – to serve as the National Law Enforcement Liaison Program Manager (NLELPM). Betkey is responsible for implementing the program vision and objectives. The desired outcome of the NLELP is to support a stronger and more cohesive LEL network within the states, territories and NHTSA regions, and to significantly contribute to the national vision of moving Toward Zero Deaths. The ultimate goal for both the NLELP and CVSA is to reduce motor vehicle crashes, deaths and associated injuries. It does not matter if it is a passenger car, motorcycle or commercial vehicle; all are included in the definition of a motor vehicle, all contribute to crashes and all violate the law. Cross training and shared projects can enhance the overall traffic safety work of both groups. CVSA members are encouraged to reach out to and work cooperatively with their state highway safety offices and the state LEL coordinators to maximize the collaboration and the enforcement initiatives. The LEL community welcomes the opportunity to enhance the partnership. Together, we can make a difference. For more information about the National Law Enforcement Liaison Program, please contact Vernon F. Betkey, Jr., National Law Enforcement Liaison Program Manager, Governors Highway Safety Association, at 202-789-0942 or 443-910-6634 or vbetkey@ghsa.org. n

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Motor Carrier Hazmat Safety Issue Highlighted By Michael Donahue, Enforcement Oﬃcer, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation Investigators from the Pipeline and Hazardous Materials Safety Administration (PHMSA), working in conjunction with a federal/state Toxic Substance Control Task Force, are investigating a hazardous waste issue that has potential safety, health and environmental implications. During an inspection, investigators found that lead acid battery recyclers were recycling polypropylene battery casings by cutting and chipping the casings and then rinsing the lead and sulfuric acid oﬀ the casings. The casings were then placed into a general freight trailer and left to drip dry. The intent of the shipper was to use the trailer as packaging. Unfortunately, investigators found that the trailers were not siftproof, as required by regulation, which resulted in the underside of the trailer becoming saturated with lead and corrosive material. These trailers were then transported over public highways in a non-compliant condition subjecting inspectors to potential exposure during roadside inspections.

For instance, a trailer was stopped at a scale in California in August 2013 for inspection; the trailer was found to be dripping. Samples were taken, which were sent for analysis. The results came back positive for the presence of lead and a corrosive material in violation of 49 CFR 173.24(b)(4), which states, “There will be no hazardous material residue adhering to the outside of the package during transport.” Task force eﬀorts are ongoing as this has been an industry practice for years. Many enforcement and emergency response personnel may be unaware of the practice. As a result, commercial vehicle inspectors conducting roadside inspections of these vehicles and responders addressing accidents may be unnecessarily exposed. For more information on the topic, contact Investigator Shelly Negrete, PHMSA Western Region, at 909-937-7227 or shelly.negrete@dot.gov. n

The underside of this trailer is saturated with lead and corrosive material.

SECOND QUARTER 2014

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The Pipeline and Hazardous Materials Safety Administration’s Unreported Incident Program By Michael Donahue, Enforcement Oﬃcer, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation

PHMSA uses incident data to monitor its performance and guide decisions related to rulemaking, enforcement, training and preparedness, and research and development eﬀorts; all of which help ensure hazardous materials transportation safety.

he mission of the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) is to protect people and the environment from the risks of hazardous materials transportation. The reporting of accidents and incidents plays a key role in that mission. There are approximately 1 million daily shipments of hazardous materials within the United States; 99.9 percent of which safely arrive at their destination. It is the hazardous materials incidents that go unreported that are of concern and are an important part of PHMSA’s overall risk management framework. In-depth analysis of hazardous materials incident data helps ensure all hazardous materials shipments arrive safely at their destination. Moreover, reporting of all hazardous materials accidents and incidents provides critical information to set priorities for the agency’s inspection, enforcement, compliance, training and outreach programs. PHMSA uses incident data to monitor its performance and guide decisions related to rulemaking, enforcement, training and preparedness, and research and development eﬀorts; all of which help ensure hazardous materials transportation safety. Accurate and complete hazardous materials transportation incident data is essential for identifying and targeting risks, making informed decisions, promulgating regulations, and implementing proactive initiatives and programs. The federal Hazardous Materials Regulations (HMR) – 49 CFR Parts 171-180 – require certain types of incidents that involve the release of hazardous materials be reported. Section 171.15 of the HMR requires an immediate telephonic report, within 12 hours, of certain types of hazardous materials incidents, such as when: • a person is killed • a person receives an injury requiring admittance to a hospital • the general public is evacuated for one hour or more • a major transportation artery or facility is closed or shut down for one hour or more • the operational ﬂight pattern or routine of an aircraft is altered as a direct result of a hazardous material

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Section 171.16 requires a written report within 30 days for certain types of hazardous materials incidents, and a follow-up written report within one year of the incident, based on certain circumstances. The National Response Center (NRC) is the sole federal point of contact for receipt of all notiﬁcation reports from responsible parties that trigger federal notiﬁcation requirements for releases involving hazardous materials during transportation. The NRC submits the information electronically to PHMSA. PHMSA analysts support the hazardous materials safety program by developing data and information requirements. Analysts monitor news clippings, media reports, complaints and analyze information received from the NRC to identify potentially reportable incidents that require companies to submit a Hazardous Materials Incident Report (DOT Form F 5800.1).

Unreported Incident Program The PHMSA Unreported Incident Program identifies and follows up with companies that are required to submit 5800.1 reports but fail to do so per the HMR. In FY 2013, PHMSA identified 1,042 potentially reportable incidents through NRC reports and media clips. Of these 1,042 incidents: • 544 were submitted in compliance with Section 171.16 • 197 were deemed non-reportable • 301 were closed due to efforts by PHMSA enforcement staff contacting companies and obtaining 5800.1 reports There were 29 incidents that resulted in a death or injury during this same period. Twelve incidents were identified by PHMSA through NRC reports or media clips that required follow up by PHMSA staff to obtain the 5800.1 reports as required under Section 171.15 of the HMR.

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When reviewing potentially reportable incidents, analysts and enforcement staff must ascertain whether the material was hazardous and regulated, if it was being transported in commerce, and whether the situation met the reporting requirements in the HMR. Any incidents that cannot be matched with either an NRC record or a 5800.1 report are considered “unreported” and are sent to PHMSA’s Office of Hazardous Materials Safety (OHMS) Field Services Support Division. Field services enforcement staff receives approximately 25 records of potentially unreported incidents per week and are responsible for investigating whether a report is required. If so, they must make sure it is filed and any non-compliance issues are promptly addressed (e.g., violators can be issued a warning letter or citation for failure to report). Field services enforcement staff conducts inspections and investigations to determine compliance with the federal hazardous materials transportation law and regulations. Investigators enforce the hazardous materials safety regulations by issuing tickets for civil and criminal penalty actions. Once it is determined that an incident is reportable and accurate information for the responsible party is confirmed, an enforcement investigator contacts them to explain the filing requirements and the potential sanctions for failing to file a report. Investigators mail the responsible party a notice via certified mail that requires them to submit a completed 5800.1 report, copies of shipping documents and safety data sheets for the material(s) involved in the incident within 15 days of receipt of the letter. If the information requested is not received within 30 days, the company is subject to a fine and a compliance inspection.

Penalties

Summary

Entities that fail to provide immediate telephone/online notification of a reportable hazardous materials incident are subject to civil penalties. On Oct. 2, 2013, PHMSA published a revised set of penalty guidelines for violations of the HMR. These penalty guidelines, which are updated periodically, are used by PHMSA field operations personnel and attorneys as a tool for determining civil penalties for violations of the HMR. The baseline penalties may be adjusted according to specific circumstances or severity.

A key strategic goal of the OHMS is to improve data collection and analysis by collecting the right data to evaluate risks and improve the transparency of information and public awareness of hazardous-materials transportation safety issues.

For example, in the case of failure to report hazardous materials incidents that require an immediate report per Section 171.15 of the HMR (e.g., incident resulting in a death or injury), the baseline penalty is $6,000. The baseline penalty for failure to ﬁle a written incident report per Section 171.16 of the HMR is $4,000. These baseline penalties may be adjusted based on speciﬁc mitigating or aggravating factors, such as in the case of an incident that results in a death or injury that is not reported.

Improved hazardous-materials transportation data collection and analysis makes a signiﬁcant contribution toward continual safety improvement by detecting emerging risks, understanding the underlying causes of accidents and expanding compliance inspections based on the most serious risks. The information submitted from hazardous materials manufacturers, shippers and carriers via 5800.1 reports is fundamental to eﬀective hazardous-material transportation risk analysis and risk management by government and industry. It also provides opportunities for developing better regulations, improving cooperative partnerships with stakeholders, and promoting continuing training and education to reduce the incidence of hazardous materials transportation-related incidents. Additional information on PHMSA’s hazardous materials incident reporting requirements can be obtained at http://phmsa.dot.gov/hazmat/incident-report. n

PHMSA investigators work closely with modal partners such as Federal Motor Carrier Safety Administration (FMCSA) inspectors, as well as state and local commercial vehicle enforcement personnel to conduct HMR compliance inspections.

SECOND QUARTER 2014

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Spotlight on Crude Oil Transportation Safety By Paul Bomgardner, Chief, Hazardous Materials Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation

n July 6, 2013, a runaway freight train loaded with petroleum crude oil from North Dakota derailed in the town of LacMégantic, Quebec, on the Montreal, Maine & Atlantic (MMA) Railway. The derailment resulted in multiple explosions and fires, and the deaths of 47 people. On Nov. 8, 2013, a 90-car petroleum train derailed in rural Aliceville, Ala. The oil originated in North Dakota and was bound for Florida. More than 20 cars derailed, with at least 11 cars igniting and exploding. While no injuries were reported, there was extensive environmental damage of surrounding wetlands. On Dec. 30, 2013, a grain train derailed near Casselton, N.D. At the same time, an eastbound petroleum crude oil train reduced its speed and collided with the derailed car that was on its track. The locomotive and 21 cars of this train derailed, with 18 of them rupturing and releasing approximately 400,000 gallons of crude oil. The ruptured tank cars ignited and exploded, causing the evacuation of nearly 1,400 residents. These rail incidents have one thing in common: crude oil produced and shipped from the Bakken oilfields in western North Dakota and Eastern Montana. They all also have brought crude oil transportation to the forefront, especially when transported via rail. In fact, the Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued emergency orders directly related to classification and shipment of Bakken crude by rail (Docket DOTOST-2014-0025, Feb. 24, 2014). It is extremely important that crude oil is properly classified for all modes of transportation. In the Bakken Formation, for example, almost all crude oil product is moved from the well-head to the rail-head by truck. And other North American areas where crude oil and natural gas are produced also have seen exponential growth, such as the Eagle Ford formation in Texas and the Marcellus Formation in the northeast. Like North Dakota, these regions have experienced increased truck traffic and its associated issues. For this reason, the Federal Motor Carrier Safety Administration (FMCSA) is working closely with PHMSA, industry and our enforcement partners to be sure product classification requirements are

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clear for motor carrier tank trucks. Contained within 49 CFR Part 173 of the Hazardous Materials Regulations (HMR) are regulations which aide shippers in the classification of hazardous materials. For both the classification of crude oil and the determination as to the type of cargo tank needed for transportation, sections 173.120 (Definition of a Class 3 Flammable Liquid), 173.121 (Assignment of Packing Groups for Class 3 Materials) and 173.150 (Exceptions for Class 3 Flammable and Combustible Materials) are extremely important. When used together, these three sections tell the shipper whether the material is a Class 3 flammable liquid, the packing group to which the material is assigned, and whether there are any exceptions to the shipment, such as whether the material is flammable or combustible. This information helps in determining the type of cargo tank used for transportation of the crude oil, and whether that tank is a specification or nonspecification tank. Additional regulations regarding cargo tank manufacturing, testing, inspection and use are spread throughout the HMR in Parts 107 (Cargo Tank Facilities and Cargo Tank Inspectors), 172 (Marking, Placarding and Shipping Papers), Part 173 (Classification and Exceptions), Part 178 (Cargo Tank Specifications), and Part 180 (Cargo Tank Maintenance). Obviously, there are myriad requirements for the offering and transporting of crude oil, and only trained hazardousmaterials and cargo-tank certified inspectors should deal with crude oil transporters at roadside. Additionally, FMCSA conducts enforcement activities and collects safety data related to the Bakken field in Montana and North Dakota, and has found that crashes involving commercial vehicles have increased as truck traffic has grown with oil production. It is important to note that many of these crashes did not involve crude oil, cargo tanks or even hazardous materials. Instead, they reflect a wide variety of commodities transported to support oil field operations. According to North Dakota Highway Patrol (NDHP) and North Dakota Department of Transportation (NDDOT) data, about 70 percent of these crashes were caused by passenger vehicle drivers, with the low use of safety belts as a major contributing factor in both fatalities and injuries.

In order to address these issues, FMCSA conducts investigations, audits and inspections with its staff, and provides grant funds to state agencies to pursue safety enforcement and education activities. FMCSA will continue to partner with other agencies such as the Federal Rail Administration (FRA), PHMSA, NDHP, NDDOT and the Montana Department of Transportation (MDT) in conducting investigations, roadside inspections and other activities to promote truck safety. In addition to partnering with enforcement agencies, FMCSA also works with industry associations, safety organizations and other stakeholders in these efforts. Since 2011, the FMCSA North Dakota Division and the NDHP have completed at least 30 enforcement cases on commercial motor carriers engaged in Bakken oilfield transportation. These enforcement cases have resulted in $375,170 in penalties for serious violations of the Federal Motor Carrier Safety Regulations (FMCSRs) and/or the Hazardous Materials Regulations (HMRs). Additionally, since 2009, the North Dakota Division and NDHP have conducted 16 Bakken oilfield Multi Agency Strike Force Operations (MASFOs), which included partnering with FRA and PHMSA. In February 2014, a Bakken MASFO resulted in 25 driver/vehicle inspections with nine violations, two of which were out-ofservice violations. In April 2014, a Bakken MASFO was conducted for an area that covers both North Dakota and Montana. The Bakken is only one of the gas and oil industry hotspots in the United States and Canada, but it is representative of the motor carrier safety issues being experienced in all of them. We can best resolve these issues by working together. Conducting MASFOs and other interagency activities lets us address a number of compliance areas at one time. FMCSA urges commercial vehicle enforcement agencies with responsibility over areas of the country with gas and oil field operations to join us in the effort to improve compliance and reduce fatalities and injuries. n

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Fatality and Injury Crash Data for North Dakota, Montana and the Bakken Area Counties North Dakota & Montana: (Total vs. Bakken) Total Fatalities

Bakken Fatalities

Bakken % of Fatalities

Total Injuries

Bakken Injuries

Bakken % of Injuries

2005

18%

510

2006

26%

458

2007

16%

437

14%

2008

27%

448

20%

2009

24%

412

110

27%

2010

34%

525

147

28%

2011

54%

707

348

49%

2012

63%

780

402

52%

2013

709

316

42%

North Dakota & Montana: Tank Trucks (Total vs. Bakken) Total Fatalities

Bakken Fatalities

Bakken % of Fatalities

Total Injuries

Bakken Injuries

Bakken % of Injuries

2005

11%

2006

33%

14%

2007

33%

21%

2008

25%

47%

2009

20%

60%

2010

80%

59%

2011

78%

167

136

81%

2012

70%

240

204

85%

2013

200

155

78%

Sources: Fatality data is taken from the Fatal Accident Reporting System (FARS), while injury data is taken from the Motor Carrier Management Information System (MCMIS). FARS data is not available for 2013 and MCMIS data is preliminary as not all reports are yet submitted. Note: The Bakken area counties in North Dakota and Montana include the following: Daniels County, MT; Dawson County, MT; Fallon County, MT; GarďŹ eld County, MT; McCone County, MT; Prairie County, MT; Richland County, MT; Roosevelt County, MT; Sheridan County, MT; Valley County, MT; Wibaux Country, MT; Billings County, ND; Bottineau County, ND; Bowman County, ND; Burke County, ND; Divide County, ND; Dunn County, ND; Golden Valley County, ND; McHenry County, ND; McKenzie County, ND; McLean County, ND; Mountrail County, ND; Renville County, ND; Slope County, ND; Stark County, ND; Ward County, ND; Williams County, ND.

SECOND QUARTER 2014

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Biennial Update Requirements Take Eﬀect FMCSA Begins Deactivating USDOT Numbers of Non-Compliant Carriers and IEPs By Jeﬀrey S. Loftus, Registration Integrated Program Team Lead, Federal Motor Carrier Safety Administration, U.S. Department of Transportation

he new Unified Registration System (URS) is a first step to ensure all carriers, brokers, freight forwarders, intermodal equipment providers (IEPs) and hazardous-materials safety permit (HMSP) applicants/holders are properly registered and accountable. The URS combines multiple registration processes, information technology systems and forms into a single, electronic online registration process. Maintaining up-to-date and accurate information helps raise the safety bar for entry into the industry. Currently, motor carriers, including intrastate HMSP holders and IEPs, must file the Motor Carrier Identification Report (Form MCS-150) and obtain a USDOT number before they begin operation and then must update their registration every 24 months. On Nov. 1, 2013, all motor carriers and intermodal equipment providers that failed to submit a timely biennial update or failed to submit an update if the filing was overdue, became subject to penalties. Also, as of Nov. 1, 2013, motor carriers operating commercial motor vehicles in interstate commerce are prohibited from operating without an active USDOT number and USDOT registration.

In support of the URS and Biennial Update rollout, the Federal Motor Carrier Safety Administration (FMCSA) has been sending about 30,000 notification letters per month to carriers with instructions on how to update the required information, including their personal identification numbers for online updates. The FMCSA also sent out reminder emails to carriers, and launched an outreach campaign in partnership with state enforcement agencies and motor carrier industry associations representing both large and small truck and motorcoach operators. The FMCSA conducted 22 URS webinars to date with 2,800 participants with more planned in 2014 and 2015. URS outreach materials (folding business cards, mailers, fact sheets, presentations, etc.) are available through FMCSA field offices. The FMCSA began deactivating USDOT numbers of non-compliant carriers and IEPs in March. FMCSA deactivated 19,940 USDOT numbers of carriers that were due to update in January 2014. Similar numbers are expected each month over the next 20 months. Based on roadside inspection and crash data, the majority of these carriers are out of business. Implementing this element of URS is improving FMCSA’s safety data by deactivating USDOT numbers and eliminating records of long dormant carriers that currently skew the agency’s safety risk algorithms on active carriers.

Roadside inspectors and safety investigators can see the associated alerts on these deactivated carriers in Query Central, Inspection Selection System, Motor Carrier Management Information System, Safety Measurement System website, SAFER website and Portal accounts. Examples of deactivation alerts are pictured below. A carrier that is discovered to be operating without an active USDOT number or USDOT registration during roadside inspections and/or compliance investigations will be cited for violating 49 CFR 392.9(b) - Operating a commercial motor vehicle in interstate commerce without a USDOT registration and/or active USDOT number. If the motor carrier responsible for the operation of such a vehicle is operating in violation of § 390.19(b), it may be subject to penalties up to $1,000 for each day the violation continues (49 U.S.C. 521(b)(2)(B) -- as prescribed in Appendix B to part 386 -- or 49 U.S.C. 14901(a)). For more information, contact Jeﬀ Loftus at FMCSA at 202-385-2363 or jeﬀ.loftus@dot.gov. n

Deactivation alert in Portal Account

O pe r a ti n g Sta tu s:

I n a c t i! v e U S D O T N u m b e r p e r 4 9 C F R 3 9 0 . 1 9 ( b ) B i e n n i a l u p d a te o f MC S- 1 5 0 d a ta n o t c o m p l e te

Deactivation alert in SAFER

Deactivation alert in Query Central

Deactivation alert in SMS

Deactivation alert in MCMIS

GUARDIAN

Deactivation alert in ISS

GOV ER NMEN T NE W S

MCSAP Planning Meetings and Grant Training Lay Groundwork for Improved Communication By Brandon Poarch, Chief, State Programs Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation

In March and April, the Federal Motor Carrier Safety Administration (FMCSA) conducted Motor Carrier Safety Assistance Program (MCSAP) planning meetings and grants management training. FMCSA shared ideas about fiscal year 2015 program priorities; discussed new and emerging policies; introduced the online tool for Commercial Vehicle Safety Plan development (eCVSP); invited participation in the Performance Standards, Measurements and Benchmarks working group; and provided training on a variety of grant management concepts, including budget narrative development, personnel activity reports and preparing for audits. More importantly, these sessions allowed FMCSA to answer states’ questions about program and grant issues, get direct feedback about challenges facing the MCSAP community, hear best practices from around the country and identify where FMCSA can improve its management and oversight of the grants. At each of the sessions, states requested more communication about the program priorities, best practices, upcoming changes, grant processing award timelines and overall grant management. In response, FMCSA is introducing several initiatives with the grants community, including a master grants calendar that will share due dates, estimated award dates and other milestones in the grants process. FMCSA’s Grants Management Office also will develop a quarterly newsletter to update Agency grantees on upcoming changes, best practices for ongoing grants management, general topics of interest, and announcements for upcoming in-person and webinar-based grants training. On the program side, FMCSA will hold quarterly conference calls for each region to address ongoing and emerging program priorities, discuss recent successes in enforcement activities, and answer questions regarding programmatic and grant management concepts. In May, FMCSA started a series of webinars on the new eCVSP system. This system allows states to develop and submit their CVSPs, line item budgets and budget narratives completely online. FMCSA will electronically review these documents submitted through eCVSP, and place comments or requests for clarification directly into the system before returning them electronically to the MCSAP lead agency. States can quickly and easily make any adjustments before resubmitting to FMCSA for final review and approval. The webinars for this system will integrate system demonstrations with guidance on developing highquality documents. Webinar dates will be announced by email through FMCSA’s National Training Center distribution list. But you don’t need to wait until these webinars or newsletters to start the conversation. If you have an issue that you would like addressed, or need clarification on an important matter, please communicate directly with your FMCSA Division Office. Your questions will provide the subjects of future webinars, newsletters and meetings. We appreciate your attendance and attentiveness at all of the regional meetings, and we look forward to working together to improve communication and provide more training. n

Get Road Smart about CSA By Anne Ferro, Administrator, Federal Motor Carrier Safety Administration, U.S. Department of Transportation First, thank you, to the Commercial Vehicle Safety Alliance and the states for your dedication and commitment to improving roadway safety. Your hard work and partnership with the Federal Motor Carrier Safety Administration (FMCSA) have resulted in the effective implementation of our compliance, safety, accountability (CSA) program. Our recently released study on the effectiveness of the CSA Safety Measurement System (SMS) shows that SMS is working well as a tool to identify unsafe motor carriers and prioritize them for CSA interventions. The study involved running SMS results for selected carriers for a date in the past and then observing whether they subsequently were involved in any crashes. The data revealed that the group of carriers in the study identified for a CSA intervention for any of the seven behavior analysis and safety improvement categories (BASICs) had a 79 percent higher future crash rate than the group of carriers not identified for CSA interventions. The results are promising, but we can and must do more to save lives. We are undertaking several other CSA continuous improvement initiatives – so stay tuned for opportunities to offer input for further enhancements. Also, I have personally committed to a communications campaign to increase industry awareness and understanding of CSA and commercial vehicle safety compliance. The campaign, called Get Road Smart, is designed to provide the enforcement community with everyday resources and materials to use in talking with carriers and drivers. Motor carriers and drivers take pride in their work, and Get Road Smart recognizes that professionalism to mobilize them in a nationwide commitment to roadway safety. At conferences and meetings with you – our state partners, field staff and industry – we continue to receive requests for information about CSA that is easier to understand and use. Get Road Smart delivers, with outreach materials that ensure everyone can understand the rules of the road and commercial vehicle safety compliance. We launched the campaign internally in February, and began the public rollout in March at the Mid-America Trucking Show, with a new exhibit booth displaying strong messaging, some new outreach materials, and FMCSA staff worked one-on-one with carriers and drivers to inform them of the tools and information resources available, including SMS, DataQs requests, the Pre-Employment Screening Program and the National Registry of Certified Medical Examiners. Also in March, we launched a driver safety education center on the CSA website (csa.fmcsa.dot.gov/getroadsmart) to serve as a central location where drivers and motor carriers can learn how to Get Road Smart about their safety compliance. In the coming months, we will be adding factsheets that respond simply and clearly to commonly asked questions, such as “What is the difference between safety ratings and the SMS percentile ranks?” We also will launch a new, easier-to-use SMS website following our late 2013-early 2014 display preview. I encourage you to visit the CSA website to find Get Road Smart posters and other materials you can order and use now. Share them with the drivers and carriers you work with to engage them in our national commitment to preventing large truck and bus crashes. There are 5 million truck and bus drivers sharing the road with more than 250 million motorists. With stakes so high, we must help everyone Get Road Smart. Lives – and livelihoods – depend on it. n SECOND QUARTER 2014

GOV ER NMEN T NE W S

THE LEGISLATIVE & REGULATORY RUNDOWN By Adrienne Gildea, Director, Policy & Government Aﬀairs, Commercial Vehicle Safety Alliance

Senate Leaders Reach Agreement on Highway Bill

Highway Trust Fund Approaches Insolvency

DOT Works to Implement MAP-21 Provisions

Work on the next surface transportation bill continues on Capitol Hill. On April 10, bipartisan leadership from the Senate Committee on the Environment & Public Works (EPW) held a joint press conference announcing that they have reached an agreement on the framework of the next transportation bill. The “Big Four,” as they are referred to, plan to move a bill to the Senate ﬂoor this summer, provided that the Senate Finance Committee can identify the additional $16 billion per year necessary to keep the Highway Trust Fund (HTF) solvent.

Despite the progress being made on the transportation bill on both sides of the Hill, the issue of funding continues to loom large. As noted previously, while the Senate EPW Committee is prepared to move forward with their proposal, its success is contingent on the Senate Finance Committee identifying an additional $16 billion for each year of the proposal. On the House side, the T&I Committee is responsible for developing the policy portion of the bill, but the Committee on Ways and Means will have to identify any additional funding.

The EPW “Big Four”

Members of both parties, along with the president, have all ruled out an increase in the federal fuel taxes, which is the primary source of revenue for the HTF. Both Congress and the Administration are considering the possibility of funding the transportation program through tax reform, however, the outlook for passage of a tax reform bill this Congress is bleak. At this point, no real consensus exists on a viable funding option for the nation’s transportation programs.

Meanwhile, as Congress works to complete the next transportation bill, the Department of Transportation (DOT) is busy implementing provisions from MAP-21. Most notably, the Federal Motor Carrier Safety Administration (FMCSA) has published its Supplemental Notice of Proposed Rulemaking mandating electronic logging devices (ELDs, previously EOBRs). The long-awaited proposal, published on March 28, outlines the technical requirements for the devices, identifies which parts of industry are required to comply and seeks input on a number of factors. CVSA staff worked with the Driver-Traffic Enforcement and Executive Committees to develop comments from the Alliance.

Full Committee Chairman Boxer (D-Calif.) Full Committee Ranking Member Vitter (R-La.) Subcommittee Chairman Carper (D-Del.) Subcommittee Ranking Member Barrasso (R-Wyo.)

At the press conference, the senators outlined the guiding principles that have been agreed to, noting that they believe there is still a possibility that Congress could pass a long-term bill. However, while the EPW Committee is the lead transportation committee in the Senate, the Committee on Commerce, Science & Transportation (Commerce) takes the lead role on motor carrier issues. To date, there has been no announcement from the Commerce Committee leadership on their plans for the surface transportation bill.

Congress and Stakeholders Continue Work on Transportation Bill Meanwhile, members in the House and Senate, as well as interested stakeholders, continue to develop proposals for inclusion in the transportation bill, should one begin to move. As noted in the last edition of Guardian, House Transportation & Infrastructure (T&I) Committee Chairman Shuster (R-Pa.) set a goal for his committee to complete its work on their proposal, aiming to have a bill on the House floor in August. Committee staff and member offices are busy developing draft legislation and gathering support for their various proposals. CVSA currently is working with several House offices, drafting legislation with the goal of having it included in the original House draft. The full CVSA policy platform is available online at www.cvsa.org.

GUARDIAN

Further complicating matters is the expectation that the HTF may reach insolvency sooner than expected. The most recent projections from the Congressional Budget Oﬃce indicate that the HTF will run out of funds sometime this summer, perhaps before the end of this ﬁscal year. If that happens, Congress will have to identify additional revenue just to cover funding promised in MAP-21, in addition to the revenue necessary to move forward with a new transportation bill. Despite the optimism from House and Senate transportation leaders, it is highly unlikely that Congress will be able to move forward with a transportation bill without seriously addressing the funding question. However, Congress must do something. Before MAP-21 expires on Sept. 31, legislation will have to be passed extending the program at the very least, in order to keep programs operational and allow the federal government to continue to collect revenues for the HTF. That authority is included in the reauthorization bill and must be renewed when each bill expires. Given the funding challenges and the short time between now and the September deadline, at least one (and likely more) extension of the current program is likely. While Congressional leaders are not yet publically considering an extension, most stakeholders consider it the only option until the issue of funding is addressed, most likely after the midterm elections this fall.

Progress has been made on the DOT’s Comprehensive Truck Size and Weight Limits Study as well. On March 31, the National Research Council's Transportation Research Board (TRB) issued a letter and report to the DOT, indicating that it had completed the ﬁrst report of its peer review of the study, which focused on the completed desk scans. The ﬁnal study is due this fall. FMCSA also published its Notice of Proposed Rulemaking for a National Drug and Alcohol Testing Clearinghouse for commercial motor vehicle drivers (CMV), another MAP-21 requirement. The proposed rule will seek to establish a drug and alcohol clearinghouse for all commercial driver’s license holders, and is intended to make it easier to determine whether a truck or bus driver is prohibited from operating a CMV for failing to comply with federal drug and alcohol regulations, including mandatory testing. n

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

CMV Community Gathered to Discuss Quality, Uniformity and Consistency in Safety and Enforcement at 2014 CVSA Workshop

ore than 450 government oﬃcials, enforcement and industry members attended this year’s CVSA Workshop, which focused on quality, uniformity and consistency in commercial motor vehicle safety and enforcement. The CVSA Workshop provided attendees the opportunity to continue their work toward advancing commercial vehicle safety, security and enforcement throughout the United States, Canada and Mexico. The Workshop took place on April 6-10, 2014, in Los Angeles, Calif.

CVSA President Sgt. Thomas Fuller welcomes attendees to the CVSA Workshop during his opening remarks at the general session.

The general session featured a panel discussion and an audience Q&A session.

“The CVSA Workshop is where enforcement and industry work together in developing and implementing standards and best practices that aﬀect all who work in the commercial vehicle industry,” said CVSA President Sgt. Thomas Fuller of the New York State Police, Commercial Vehicle Enforcement Unit. “The true value of our Alliance is the successful implementation of commercial vehicle safety initiatives developed by an open and collaborative environment.” Participants from all across North America collaborated at the Workshop to aﬀect meaningful changes to the overall culture of transportation safety. They attended various committee, membership, region and program meetings aimed at the ongoing progress of CVSA’s mission to promote commercial motor vehicle safety and security, and to achieve common goals of uniformity, compatibility and reciprocity. The Workshop’s general session included highlights on the development of the Alliance’s priority policy items for the transportation bill. The general session also featured a member roundtable, which included a series of membergenerated topics that were discussed amongst the members of the panel, as well as an engaging Q&A session with the audience.

Pictured left to right: Lt. Brian Ausloos, George Wright and Jonya Sutﬁn participated in the North American Cargo Securement Harmonization Public Forum.

“This year’s Workshop was constructed to provide an opportunity for dialogue and discussion on the key issues of today and tomorrow,” said Stephen A. Keppler, executive director, CVSA.

The 2014 CVSA Workshop featured informative and collaborative sessions on some of the most important topics for the commercial vehicle safety and enforcement industry, such as: • Uniform regulatory requirements for the securement of cargo on or within commercial motor vehicles throughout North America • State crash data collection and the federal reporting criteria • Updates on The International Fuel Tax Agreement (IFTA) and the International Registration Plan (IRP) and the registration of commercial motor vehicles involved in inter-jurisdictional operations • Evaluation and improvement of data quality, accuracy and consistency • Regulations and industry practices for persons seeking registration authority as motor carriers, freight forwarders and brokers • Future updates to the DataQs system in accordance with FMCSA policy published in 2014 Also of importance during the CVSA Workshop, the following members were nominated for the international position of CVSA secretary: • Julius Debuschewitz, BA, Manager, Yukon Highways and Public Works, Transport Services Branch • Alan Martin, Deputy Director, Public Utilities Commission of Ohio, Transportation Department Read more about Debuschewitz and Martin on pages 22 and 23. Elections will take place at the 2014 CVSA Annual Conference and Exhibition, Sept. 14-18, 2014, in Buﬀalo, N.Y. “Hundreds of people came to this year’s CVSA Workshop to contribute to and help shape the current and future state of commercial vehicle safety throughout North America. What we do and what we learn helps improve the industry and, more importantly, helps save lives,” said Sgt. Fuller. “It is not just a job for us, it is a passion.” The next CVSA Workshop is scheduled for April 12-15, 2015, in Jacksonville, Fla. n

SECOND QUARTER 2014

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

Learn More About Your Nominees for CVSA Secretary Nominations for the international office of secretary were submitted at the CVSA Workshop on April 10, 2014, in Los Angeles, Calif. “Nominees for the secretary must be Class I members in good standing who are representatives of the three regions not represented by the regions of the incoming president or vice president. Nominations shall be received by the election committee, in writing, prior to the workshop. Additional nomination(s) may be provided from the floor by the general membership at the workshop. Election for the office of secretary shall take place at the annual conference.” Due to the fact that the incoming president for the 2014/15 term is from Region IV and the vice president is from Region II, members from Regions I, III and V were eligible to nominate candidates for the secretary position. The nominees for the position of CVSA secretary are: • Julius Debuschewitz, BA Manager, Yukon Highways and Public Works, Transport Services Branch • Alan Martin Deputy Director, Public Utilities Commission of Ohio, Transportation Department Elections will take place at the 2014 CVSA Annual Conference and Exhibition, Sept. 14-18, 2014, in Buffalo, N.Y. On this page and the next, you’ll find articles submitted by each of the nominees. Get to know your nominees and cast your vote in September at the annual conference.

GUARDIAN

CVSA Secretary Nominee: Julius Debuschewitz Manager, National Safety Code, Transport Services, Highways and Public Works, Government of Yukon, Canada For those of you who have not met me before, my name is Julius Debuschewitz. I am the national safety code manager for the Yukon Territory, Canada, and I am humbled to have been nominated for the position of secretary of CVSA. I am excited about the prospect of serving you in the future and will do my best for CVSA. I was born and raised in West Germany and immigrated to Canada at the age of 18. For 39 years, I have been married to my wife, Deborah, and she has gracefully supported all my undertakings. As a middle-aged adult, I began university studies while working full-time. I graduated cum laude with a Bachelor of Arts in 1995 and was the recipient of several academic awards, including the Athabasca University Governing Council Bachelor of Arts Scholarship. I have been in the transportation field for 36 years. Sixteen of those I spent with the Transportation Safety Branch of the Alberta government in a variety of positions, most involving staff supervision and contact with industry. It was there that I received my management certificate. For the last 20 years, I have worked for the Transport Services Branch of Yukon Highways and Public Works in commercial vehicle compliance. I am responsible for carrier safety ratings, carrier audits, CVSA training and the Periodic Motor Vehicle Inspection Program. Since 2012, I also have been Yukon’s CVSA Challenge Competition Chair. I am a CVSA NAS Level I Part A and B instructor and a passenger vehicle instructor and serve on the Canadian Education Quality Assurance Team (EQAT), of which I am a founding member. As Yukon’s representative, I sit on a number of national and international committees, and I am proud of my work with CVSA and of my position as NAIC vice-chair. My leadership style depends on the situation, though I have found over the years that good teamwork brings the best and most satisfying results. Many years spent on a variety of boards of directors allowed me to hone my leadership skills even when away from work. But my life has not been all work and no play. In 2001, I finished a diploma course in freelance writing. Since then, I have had a biweekly column in our daily newspaper, the Whitehorse Star, and sold several articles in Canada, the United States and England. In my spare time, I served as a community coroner (not an elected position in Canada) for four years and Yukon’s acting chief coroner for eight years after that. Many cases reminded me of the importance of driver and vehicle safety. Again, I am honoured by my nomination and would very much appreciate your vote. I believe that my experience would allow me to make worthwhile contributions to CVSA’s executive committee, and I look forward to working with you. If you would like to discuss any issues with me prior to the vote in Buffalo, N.Y., please feel free to contact me at julius.debuschewitz@gov.yk.ca. Thank you. n

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

Did you know you can read

CVSA Secretary Nominee: Alan Martin Deputy Director, Public Utilities Commission of Ohio My name is Alan Martin and I am a deputy director of the Transportation Department with the Public Utilities Commission of Ohio. From British Columbia to Chiapas, Mexico, we can all agree that CVSA is an integral and respected voice for commercial motor vehicle safety throughout North America. The key to maintaining this lasting respect rests with the unity and cohesiveness of our members. Only by working together can we succeed in reducing CMV crashes and allow CVSA to remain a global voice for commercial motor vehicle safety. As secretary, you can depend on me to work collaboratively with all CVSA members to understand the issues, work tirelessly on your behalf, and devote the time and eﬀort to build critical partnerships needed to accomplish our shared goals. Our uniform standards and training are the cornerstone of this Alliance. That is why we must continue moving forward to keep pace with changes in industry, technology, and the legal and regulatory environment. To do this, we must have a strong communications network between our members, stakeholders and decision makers.

GUARDIAN &

SAFETY EXCHANGE online? It’s easy to share the links with your colleagues so

As secretary, I will ensure member concerns are understood and addressed appropriately throughout the Alliance. I also will work to enhance transparency so that decisions made by the executive committee are clearly understood and quickly communicated to everyone.

they, too, can stay up to

For over 23 years, I have worked in public service for the state of Ohio in a variety of executive and leadership roles. My personal involvement with CVSA began over 12 years ago, and I have since risen through the ranks into progressively higher positions of responsibility. My previous leadership roles within CVSA include president and vice president of Region III, chairman and vice chairman of the Program Initiatives Committee, and twice chairman of the Ad Hoc on Reauthorization.

and industry news.

In addition to my work experience, I also have a master’s degree in public administration and am lucky to be married for over 20 years to my wonderful wife Kathy with two sons. My professional, CVSA and leadership experience will allow me to be an eﬀective international oﬃcer for our organization. I am deeply honored and grateful for the chance to run for secretary of CVSA and would truly appreciate your vote. I look forward to working with each of you now and in the future and would be glad to discuss any questions or issues that may be on your mind. I can be reached at Alan.Martin@puc.state.oh.us or 614-466-0785. n

date on the latest CVSA

GUARDIAN A Publication of the

Commercial Vehicle

Safety Alliance

Volume 20, Issue 3 3rd Quarter 2013

Focusing on Driver Performance to Save Lives

Inside… NAIC Awards Roadcheck Results And More!

www.cvsa.org/guardian

www.cvsa.org/safetyexchange

SECOND QUARTER 2014

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

Recap of the 2014 COHMED Conference By Sgt. Brad Wagner, Program Chair, COHMED, Nebraska State Patrol, Carrier Enforcement Division

The training and education provided, along with the cooperation and the partnerships formed among industry and law enforcement at COHMED, all help us achieve our goal to prevent incidents in the future.

By the time you read this, spring will have sprung and the 2014 Cooperative Hazardous Materials Enforcement Development (COHMED) Conference in Sarasota, Fla., will be a memory. For those of you who were able to attend, you know the value of that training and are no doubt planning on passing that knowledge to others in your industry or state enforcement program. For those of you who were not able to attend, here is just some of what you missed: • Training classes including nurse tanks • 6.1 infectious substances • Chemistry for the non-chemist • Hazmat security • Hazardous materials in non-bulk packages • The challenge of the Hazmat Olympics We were fortunate to be able to co-locate with the U.S. Department of Energy (DOE) which provided CVSA Level VI inspectors with their required biennial refresher training. This was a wonderful opportunity for everyone involved.

Scott Maguire of Massachusetts State Police provides instructions on cryogenics in cargo tanks.

Richard Swedberg, of FMCSA, received recognition from outgoing COHMED Chair Tom Fuller and former COHMED Chair Bill Reese for his years of dedication and service to COHMED.

GUARDIAN

The COHMED leadership was full of change as the ﬁrst representative from Transport Canada, Donna McLean, chief of Inspector Education and Public Awareness, was elected as the COHMED international vice chair. Donna is taking over for Brad Wagner who was installed as the COHMED international program chair, succeeding CVSA President Tom Fuller. New vice chairs were elected from Region I (Robert Reynolds, North Carolina) and Region VI (Mark Madrid, New Mexico) as well as a new industry liaison (Norm McDonald of North American Transportation Consultants, Inc.).

Paul Bomgardner of FMCSA hosted the always popular Hazmat Olympics.

During the general session, the Pipeline and Hazardous Materials Safety Administration (PHMSA), Federal Motor Carrier Safety Administration (FMCSA) and Transport Canada provided valuable updates on the state of hazardous materials transportation within their respective jurisdictions. One big issue last year, and still this year, is crude oil transportation. This was evidenced by the incidents in Lac Megantic, Quebec; Gainford, Alberta; and most recently in Wapske, New Brunswick, and Casselton, N.D. When these incidents happen, hazardous materials transportation goes from mundane everyday uneventful transportation to the issue at the forefront of everyone’s mind. It is incumbent with issues such as these that, as an association, our members have the training to eﬀectively respond to such incidents. The training and education provided, along with the cooperation and the partnerships formed among industry and law enforcement at COHMED, all help us achieve our goal to prevent incidents in the future. The COHMED leadership is very grateful to everyone who took the time and eﬀort to produce and conduct the training sessions that make COHMED so successful. For those of you who have attended COHMED, you know the value of the partnerships and contacts in making hazardous materials transportation safer. For those of you who have not had the opportunity, I invite you to give us a try; the experience is worth far more than the cost to attend. Thank you and I hope to see you in Long Beach, Calif., for COHMED 2015. n

Jeﬀ Gage of Praxair Inc. provided instruction on hazmat security.

T HE ROA DSIDE INSP ECTOR

INSPECTOR’S CORNER Uniformity and Integrity in the Inspection Program By Derek Canard, a CVSA-certiﬁed North American Standard Inspector from Arkansas

CVSA North American Standard Level I Inspection Procedure:

A motor carrier deserves to get the same quality of inspection anywhere in North America and a driver should expect to have an inspection performed the same way each time.

Step 1 - Choose the inspection site. Check.

step. If I neglected to cover any step, I should not consider the inspection to be a CVSA North American Standard Level I Inspection. Keeping that statement in mind, let’s revisit my driver meet and greet from earlier.

Step 2 – Approach the vehicle. Check. Step 3 – Greet and prepare the driver. “Good afternoon sir. I’m Oﬃcer Canard with the Arkansas Highway Police.” Greet the driver, check. “Today I am going to perform a Standard Level I Inspection on your truck and trailer. I do want you to be aware that I will not be performing steps 32, 35, and 36 of the inspection procedure; but fortunately for you, I will issue your equipment a CVSA decal if no critical inspection item violations are found.” Prepare the driver, check. As we discussed last quarter, the movement to improve inspection data quality is trending among all CVSA enforcement members. Since we have already discussed data quality and reporting, I thought we could take this opportunity to discuss the inspection program itself. The depiction used earlier of me preparing a driver for an inspection is simply sarcasm; however, sometimes sarcasm mimics the truth. We often forget that our inspection process should follow the CVSA standard procedure to help ensure inspection uniformity and integrity. Fast food restaurants have uniformity and integrity down to an art. Their food looks the same, tastes the same and is prepared the same way regardless of where you are. As inspectors, we should uphold the uniformity and integrity of the inspection program. We should look for the same things, perform the inspection the same ways, and have the same level of basic knowledge needed to conduct an inspection. A motor carrier deserves to get the same quality of inspection anywhere in North America and a driver should expect to have an inspection performed the same way each time. Do I follow the inspection procedure step by step? No, so I am not going to tell anyone that they are wrong for deviating from the step-by-step procedure. We are all taught to perform an inspection by following the 37step checklist; however, we tend to develop our own routine after the ﬁrst inspection. Do I feel that my routine meets the quality expected by CVSA? Absolutely, my routine covers every step of the inspection procedure. I am still protecting the uniformity of the inspection process by covering each

If you’ll notice, I specifically mentioned three inspection steps: (32) inspect tractor protection system, (35) check steering wheel lash and (36) check fifth wheel movement. The reason I singled those three out is because they are the most overlooked inspection procedures, despite being possible OOS items. Inspectors who perform these procedures would most likely agree that they find violations regularly. I also can imagine that they can recall countless times when veteran drivers have said that they have never seen the procedure performed before. Not covering every step of the inspection procedure can put the integrity of the inspection program in question. Remember (especially when issuing CVSA decals), that when you say you are performing a Level I Inspection; you are saying that you covered all 37 steps. I doubt you would perform a Level I Inspection and not check the lights, so why would you not check the steering wheel lash? Have I ever issued a CVSA decal without covering every step? Yes, early on. Chances are that you have too, but over time we have strengthened our inspection procedure to include every step. Right? Yes, we have. I honestly never looked under a hydraulic brake truck or electric brake trailer the first three years of doing inspections; I honestly didn’t think I had to. Thankfully, Uncle Buck corrected that. Making sure that every step in the inspection procedure is addressed is only a small part in ensuring uniformity and integrity. We also need to make sure we are clear on what violations look like. Sometimes we forget that a defect isn’t a violation until it meets the OOS criteria. Stay informed. The best training you will ever receive will be training that you do on your own. I know how easy it is to call someone to get an answer, but most likely you will forget the answer later and make the same call again. Your chances of retaining the information are greater if you put forth effort in finding it. Use every resource available. CVSA posts training materials, inspection bulletins and operational policies on its website regularly. Take the time to explore the website (www.cvsa.org) and take advantage of the multitude of information contained within. Until next time, stay safe and God bless. n

SECOND QUARTER 2014

R EGIO N A L NE W S

REGION I

Maryland Motor Truck Association’s Vice President of Safety is Recognized as “Person of the Year” The Maryland Motor Truck Association (MMTA) honored Craig Talbott as the recipient of its “2014 Person of the Year Award.” Talbott currently serves as MMTA’s vice president of safety. Talbott joined the Maryland State Police in the 1970s and became one of the ﬁrst members of the newly formed Commercial Vehicle Enforcement Division (CVED). Talbott developed training programs for the transportation of hazardous materials, roadside inspections and motor carrier audits. Upon his retirement from the state police, Talbott and a fellow trooper began a consulting company. He helped keep Marylanders safe by providing his expertise to attorneys, insurance companies, motor carriers and individuals in procedures such as accident reconstruction, motor carrier audits, and driver training and compliance. Talbott departed the company to be the director and risk manager for various trucking companies. During his tenure with these companies, Talbott was named chairman of the MMTA Safety Management Council and received the MMTA Safety Supervisor of the Year Award.

REGIONAL MAP Region I Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, US Virgin Islands and Vermont.

Founded in 1935, MMTA is one of the largest trucking associations in the country, with nearly 1,000 member companies. Visit www.mmtanet.com for further information. n

REGION I

Region II Alabama, American Samoa, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West Virginia.

Joint Agency Cargo Security Strike Force Conducted at Boston’s Logan International Airport

Region III Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Northern Mariana Islands, Ohio, South Dakota and Wisconsin.

Massport recently hosted a novel Homeland Security Policing Innovation. A Joint Agency Cargo Security Strike Force was conducted at Boston’s Logan International Airport. Participating in the operation were the 15 agencies involved in the intelligence, operations, law enforcement, regulatory and investigative activities charged with protecting the people and aircrafts using Logan Airport. During the unannounced surprise operation, Strike Force members canvassed Boston’s Logan International Airport in order to conduct real-time inspections of cargo shipments prior to being loaded on outbound aircrafts. n

Region IV Alaska, Arizona, California, Guam, Hawaii, Idaho, Mexico, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. Region V Alberta, British Columbia, Manitoba, NewBrunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon.

In 2000, Talbott joined MMTA, a trade association that serves the trucking industry through a wide range of informational, educational, regulatory and legislative initiatives, as the vice president of safety. His responsibilities include regulatory compliance, weight restrictions and hiring/recruitment of drivers. He is also a long-time organizer of the annual Maryland State Truck Driving Championships and Maryland Drivers of the Month/Driver of the Year awards.

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R EGIO N A L NE W S

REGION II

Planned Commercial Motor Vehicle Inspection and Outreach Operations in Florida On Jan. 24, 2014, the Florida Highway Patrol’s Bureau of Commercial Vehicle Enforcement teamed up with the Florida Trucking Association’s Safety Management Council to conduct the ﬁrst in a series of planned commercial motor vehicle inspection and outreach operations during the 2014 calendar year. This operation took place at the I-4 Seﬀner Weigh-in-Motion Inspection Facility near Tampa, Fla. The premise was to allow Florida Trucking Association volunteers the opportunity to randomly select commercial motor vehicles for industry outreach and then

to direct the commercial motor vehicles to the inspection pits where troopers would conduct Level I inspections. During the inspection process, industry volunteers were teamed with troopers to observe inspection procedures and help identify violations. Throughout the operation, industry volunteers and commercial motor vehicle drivers were encouraged to ask questions and provide feedback on the operation. Most participants indicated that this operation was an eﬀective combination of outreach and enforcement, and would like to see similar operations in the future. n

REGION III

Alert Today, Alive Tomorrow By Sgt. Matt Boerwinkle, Illinois State Police Public Information Oﬃce

oo many tragedies occur when drivers disregard traﬃc safety regulations and laws. Within the last 15 months, the men and women of the Illinois State Police buried two troopers who were killed in the line of duty and remain hopeful that another trooper recovers from life-threatening injuries, all the result of motor vehicle crashes. These tragedies, and countless others across the nation, could have been prevented if drivers remained alert and simply followed the laws designed to keep them and other motorists safe. While driver fatigue is a growing problem for all motorists, within the motor carrier industry it is becoming a common theme with deadly consequences. The Illinois State Police, Illinois Department of Transportation, Illinois State Toll Highway Authority and several trucking organizations are collaborating to raise public awareness within the motor carrier industry of the importance of safety regulations, namely driver fatigue. In the coming months, these agencies will be taking steps to educate the public and the motor carrier industry about enforcement initiatives aimed at increasing national awareness.

Not sleeping for 24 hours has the same effect as a BAC of 0.10, well over the legal limit. In 2005, the NTSB published a Large Truck Crash Causation Study showing that 13 percent of commercial motor vehicle (CMV) drivers were considered to be fatigued at the time of their crash. And, most of the crashes involving CMVs occur on highways at a high rate of speed with often catastrophic results. The Federal Motor Carrier Safety Administration (FMCSA) passed new hours-of-service regulations in February 2013 restricting long-haul drivers to 70 hours of driving per week, a 15 percent reduction from the previous limit. According to the FMCSA, the rule mainly affects drivers who work more than 70 hours a week on a continual basis. The goal of the more stringent regulation is to reduce excessively long work hours that increase both the risk of fatiguerelated crashes and long-term health problems for drivers. While a rule cannot ensure drivers will be rested, it does ensure they have enough time off to obtain adequate rest on a daily and weekly basis.

The National Transportation Safety Board (NTSB) concluded in a 1995 study that the critical factors in predicting crashes related to sleepiness were largely due in part to the amount of sleep within the previous 24-hour period.

Federal regulations also require CMV drivers who spend more than 11 hours behind the wheel during any 14-hour shift to take a 10hour break. But fatigue is not the only factor in the recent fatalities and serious injuries to Illinois’ ﬁrst responders.

Anyone who has taken a long-distance drive without rest has likely experienced symptoms of fatigue and drowsiness caused by the lack of sleep or inactivity. Drowsy driving can have the same effects as drunk driving. National Highway Traffic Safety Administration (NHTSA) research has shown that not sleeping for more than 17 hours has the equivalent effect on driving ability as a Blood Alcohol Concentration (BAC) of 0.05.

According to the NHTSA, as of January 2008, 40 states have instituted move-over laws intended to protect ﬁre, emergency medical services and law enforcement personnel. The laws vary from state to state but generally, motorists must vacate the lane closest to an emergency vehicle or, if not safe to change lanes, reduce their speed to help prevent crashes or injuries to ﬁrst responders.

In Illinois, it is known as Scott’s Law, named after Chicago firefighter Scott Gillen who was struck by a vehicle and killed in the line of duty on Interstate 94 while assisting at a trafficcrash scene. In recent years, many states have expanded their move-over laws to include construction and maintenance vehicles. Violators of Illinois’ move-over law can be fined up to $10,000 and have their driver’s license suspended for up to two years. Expanding federal oversight and strengthening laws also received the attention of United States Senator Dick Durbin who has called on FMCSA officials to push for increased accountability and stricter compliance with laws. Senator Durbin also wants steps taken to ensure every trucking company is complying with federal regulations limiting the number of hours drivers can be on the road. We all play a role in addressing these potentially life-threatening driving behaviors. Let’s make sure all of us contribute to improving highway and traffic by remaining: Alert Today, Alive Tomorrow. n

Illinois State Police Commercial Motor Vehicle Inspector views crash wreckage involving two truck tractor semitrailers. SECOND QUARTER 2014

R EGIO N A L NE W S

REGION IV

Mexico: Revision of Standard for Weight and Dimensions (NOM-012) Report from the Federal Motor Carrier Administration | Dirección General de Autotransporte Federal

On Dec. 2, 2013, the panel regarding the Standard NOM-012 related to the weight and size with which motor carriers must comply on roads and bridges under federal jurisdiction concluded. After 25 work sessions, members of the panel made their recommendations considering road safety, infrastructure maintenance, environmental care and promotion of competitiveness. These suggestions are the result of work undertaken by the panel of technical and academic experts on May 17, 2013, by the secretariat of communications and transportation (SCT) in agreement with the main chambers and associations of motor carriers, which committed to accept the recommendation issued by the panel. From the available information, the panel formulated, among others, the following recommendations regarding turnpike double trailers:

Hazardous Materials and Substances: • Restrict in the shortest terms, as applicable, freight of highly toxic and hazardous substances in double articulated or turnpike double trailers, known as ”fulles.” • Phase out, within a maximum period of ﬁve years, existing authorizations for the transport of other hazardous materials and substances in “fulles.” • Transportation of fuel in doubly articulated trailers should be eliminated gradually over the next ﬁve years to avoid fuel shortages.

Licenses:

Roads and Highways: • Keep the speed limit on federal highways, which is 49.71 miles (80 kilometers) per hour for motor carriers and 59.03 miles (95 kilometers) per hour for passenger buses and tourism, and the use of mandatory speed governors. • Restrict “fulles” circulation to major specifications roads (highways of two and four lanes specified as ET & A); limit connectivity permits up to type B roads, and interconnection up to 31.07 miles (50 kilometers), by justification by proprietary loads and their circulation in urban areas to the cases strictly necessary.

• Issue special licenses for drivers of “fulles,” which would be obtained through a process of accreditation of experience and specialized skills brought in certiﬁed centers.

• Upgrade the toll method to units of federal trucking on the motorways of fee, in all conﬁgurations, for the payment per axis (at the moment there is no payment after six axels).

• Reduce the validity of driver's licenses from ﬁve to two years in general and three to one in “fulles” and on transportation of hazardous materials.

Mechanisms and Instances:

Equipment: • Mandatory technology in “fulles” to increase safety performance, such as a camera and cab signal blockers, GPS, last generations coupling systems, ABS brakes and braking timing between trailers.

• It is proposed to create a tracking instance that values the constraint by an analysis subject to the statistical information that is collected, in order to make sustained decisions, according to enough and reliable data. • Updating and simplifying the legal framework applicable to the motor carriers. • Dispose a progressive installation of an effective mechanism for the implementation of electronic fines. • Improve and increase institutional support for the renewal of the vehicle fleet.

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R EGIO N A L NE W S

REGION IV

Harry Squires Presented with ISRI’s Safe Driver of the Year Award Permits: • Set a speciﬁc register for “fulles” (dollies included) that hold permits and special plates and force circulation provided in the form of double jointed. • Establish co-responsibility between permit holders and freight companies that hire the services (if not complying with the standard).

Secretariat of Communications and Transportation (SCT) / Federal Motor Carrier Administration (DGAF) • Strengthen the administrative and processes simpliﬁcation in the DGAF. • Carry out a program of reorganization of the vehicle ﬂeet. • Streamline transparent, agile and secure procedures online. • Build a new system; robust, secure and more reliable institutional database. • Establish coordination mechanisms for the exchange of information with other federal and state authorities.

Conclusions: For the review of the NOM-012, the panel spread the premise of their reflection about the effect that “…either inertia nor regulatory change ad hoc, subjective or inferred from wrong information partial and/or biased is a responsible choice.” The SCT, in strict compliance with agreements taken in the establishment of the panel, began in 2014 the efforts and processes in accordance with the applicable standard to deliberate and, if necessary, approve and implement the recommendations made by the independent panel of experts.

Harry Squires, of Schnitzer Steel Industries in Portland, Ore., was presented with the Institute of Scrap Recycling Industries (ISRI) Safe Driver of the Year Award for operating his entire 39-year career without any preventable accidents. During this time, Mr. Squires logged nearly 2.5 million miles on the road. The award, now in its second year, recognizes outstanding drivers who have driven a commercial vehicle for at least 20 years without incurring a preventable accident. “Driving a truck in challenging road and weather conditions while hauling scrap for miles is no easy task. Those who perform their job each and every day while keeping an emphasis on safety deserve recognition,” said Commodor Hall, ISRI’s transportation safety manager. “For nearly four decades, Harry Squires has been transporting goods in a safe and reliable manner, while ensuring the drivers under him do the same. He truly exemplifies the many truck drivers who keep America’s roadways safe.” The ISRI’s Safe Driver of the Year Award is based on the following mandatory criteria: • Nominations may be submitted only by ISRI members in good standing. • Nominees must be full-time employees whose primary responsibility is to operate a commercial motor vehicle. • Nominees must be current employees of the nominating member company, and must be employed for at least one year (12 consecutive months). • Nominations must be made by someone familiar with the nominee’s work history, such as manager or safety director. • No more than three drivers may be nominated from the same member company. • Nominees must meet the minimum requirement of 20 years of verifiable employment as a commercial motor vehicle driver without a preventable accident. Other criteria taken into account are the driver’s contribution to highway safety (driver trainer), letters of appreciation, deeds of heroism on or off the job, and civic and fraternal organizations. “Harry’s safety record is exemplary and his team would be the first to tell you that as the lead driver for the facility, he serves as their role model. His contribution to highway safety includes handling all pre-hire road tests and training. He also handles all transportation needs at the yard and monitors all our trucks to ensure they have the right permits. If you were to spend a little time with Harry, you would quickly see that his dedication is rooted in his commitment to, and concern for, those he works with,” said Kathi Gibson, transportation program manager at Schnitzer Steel Industries. The award was presented at ISRI’s 2014 Convention in Las Vegas. Harry received a crystal truck trophy, personalized certificate, ISRI Safe Driver leather jacket, congratulatory letter and a $500 check. The second-place winner was Bill Willis of Grossman Iron and Steel Company in St. Louis, Mo.; and third place went to Joseph Romeyn Jr. of Padnos, Inc. in Holland, Mich. n

Through these activities, the DGAF intends to achieve more adequate federal highway regulations, and aims to be timely and responsive to the needs of users. Carriers are required to have vehicles in appropriate operating condition, with trained and qualiﬁed drivers, and comply with the terms of weight and size in accordance with applicable regulations. These measures will facilitate the work of enforcement on the roads and help strengthen transparency and a culture of respect toward regulations. n

SECOND QUARTER 2014

R EGIO N A L NE W S

REGION IV

New Entrant Safety Audits in Washington State Gather Critical Safety Data By Capt. Michael Dahl, Washington State Patrol, Motor Carrier Safety Division

he Washington State Patrol (WSP) has been in existence since 1921. At that time, the legislature declared the need to have dedicated professionals patrolling the ever-growing number of roadways and towns in Washington. Six oﬃcers were hired to patrol on their Indian Motorcycles, statewide.

enforcement supervisor. This team is dedicated exclusively to new entrant safety audits. We provide educational and technical assistance to new motor carriers and gather safety data needed to make an assessment of the new motor carrier’s safety performance and adequacy of its basic safety management controls.

The Motor Vehicle Inspection Division and Weight Division, created in 1943, are responsible for checking trucks for size, weight and license violations. Both divisions were previously managed by the Department of Highways. Not long after, the WSP began to hire weigh masters to work stationary and portable scales. Today, we are known as the Commercial Vehicle Enforcement Bureau (CVEB). We have grown to include 260 officers and have support staff located statewide. Each CVEB member is dedicated every day to fulfilling the Bureau’s responsibility for promoting and educating the safe travel of commercial vehicles on the state’s highways, enhancing safe transportation of school children and protecting the state’s infrastructure.

Our mission, as stated above, cannot be overemphasized. It is a critical part of the many layers that make up commercial vehicle enforcement. Our dedication to ensuring the bar is high for entry into the industry in Washington State is a grand partnership between the WSP and our federal partners at FMCSA. We have included the trucking industry as well because we know they want good companies with good employees operating in Washington and across the nation. Let’s face it; the rules are usually created to respond to the bad operators doing it wrong, not the good operators doing it right.

All of us in the commercial vehicle enforcement arena know very well that this responsibility can be very daunting at times. While the industry grapples with technology, federal, state and local rules, as well as hiring challenges, this must be balanced with the need for the enforcement side to continue keeping the roadways safe and the infrastructure protected. One of the most important and obvious ways to ensure commercial motor vehicles travelling over our roadways are doing so safely and within the established rules is to set the standard high for entry into the business. In fact, the Federal Highway Administration has this as a core principal, stating that we need to “raise the bar to enter the industry and operate on our roads.” This is where our new entrant safety audits come in.

Last year, at this time, our new audit safety audit program was woefully behind in their audits and with each passing month it continued to get worse. Our people were working hard, but it was clear that a new direction needed to be set at the top. The program had good people, but the direction was unclear and the work was diﬃcult. Leadership needed to streamline the process and help our employees do their jobs. We determined that having a CVEO 4 supervise the program was needed. That program is now headed by CVEO 4 Kevin Valentine who has done a masterful job of leading the necessary changes. In the last six months, the backlog of 1,900 new entrant safety audits has been reduced to 1,000, while continuing to meet the ongoing monthly challenges. This has been accomplished by standardizing the process, clearly deﬁning the job for each of our auditors

and conducting safety audit rodeos using overtime funds. The numbers will continue to steadily go down and we anticipate that soon, we will be handling only the incoming requests, month to month. We now have a standard format for doing the audits which is easily understood by each officer. They have a database that includes all of the documents and needed information. We have one officer dedicated to scheduling the audits so others don’t have to spend valuable time chasing down carriers. And we have conducted multiple rodeos in different geographic areas in the state to ensure we reach as many as we can in the most efficient manner. Once the audits are loaded into the database, the supervisor is able to read and approve them more quickly than in the past. All these time savers have increased both the number of audits being conducted, as well as the quality. We are doing it more efficiently and more effectively. Our partners at FMCSA have recognized the great work being done and have recommended we expand the program so we can continue to meet the growing needs. We anticipate hiring three more auditors, a supervisor and a secretary who will take over the scheduling and data collection. All in all, this is a good example of teamwork both within the agency and with our external stakeholders. We are making certain the people moving up and down our roadways each day get off to a good start, and that only those meeting the “high bar” are allowed to join the commercial motor vehicle ranks. This is a win for the enforcement side and the industry side. Quality, dedicated professionals on both sides makes for great partnerships and, for us, this starts with a robust new entrant safety audit program. n

A safety audit is an examination of a motor carrier's operations to provide educational and technical assistance on safety and operational requirements of the federal motor carrier safety regulations, as well as applicable hazardous material regulations. Safety audits are used to gather critical safety data needed to make an assessment of the carrier's safety performance and basic safety management controls. What this means in Washington is that within 12 months of establishing a business, one of our safety auditors is going to have you come in and visit us. We have a team of seven commercial vehicle enforcement oﬃcer (CVEO) auditors who are led by a commercial vehicle

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Pictured left to right: CVEO 2 Dave Wyatt; CVEO 2 Ryan Hernandez; CVEO 2 Tony Cooling; CVEO 2 Andilee Jordan; CVEO 3 Linda Powell; CVEO 2 Jonas Mast; CVEO 2 Douglas Milliken; and CVEO 2 David Huisman

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REGION IV

Oregon's Partners in Passenger Safety The Motor Carrier Transportation Division (MCTD) of the Oregon Department of Transportation (ODOT) has, over the past few years, prioritized inspection of passengercarrying motor vehicles (buses). Oregon inspectors use a variety of approaches to review vehicles, drivers and operations, such as destination inspections, roadside inspections at ﬁxed facilities and terminal Mychal Cherry, Spirit Mountain inspections. In 2013, Oregon inspectors conducted more than 400 inspections of Casino marketing manager, receives ODOT’s Partners in passenger-carrying vehicles, resulting in a Passenger Safety Award. vehicle out-of-service rate of 22.7 percent and a driver out-of-service rate of 2.7 percent. In addition to enforcement activities, MCTD has worked with bus operators and other industry oﬃcials to develop partnerships aimed at improving passenger safety in Oregon. “One often overlooked industry segment is the smaller private-business operators,” said MCTD Safety and Federal Program Manager David McKane. “Bus operations are often times incidental to a primary business. Examples include retirement homes, assisted living facilities and medical facilities.”

REGION IV

County Weighmaster Killed The commercial vehicle community mourns the loss of County Weighmaster Grady Waxenfelter who was shot and killed while making a traﬃc stop on Feb. 6, 2014. He was 47 years old. Waxenfelter attempted to stop a pickup truck that was hauling Grady Waxenfelter ﬁrewood. Following a short pursuit, the driver of the truck stopped. When Waxenfelter approached the driver, he was shot in the head and killed instantly. A young ride-along with Waxenfelter witnessed the shooting. After serving his country in the United States Army, Waxenfelter joined Clackamas County in Oregon in 1997 as a mechanic. He was promoted to senior mechanic in 1999 and served as weighmaster since 2005. Almost 800 people attended Waxenfelter’s funeral in February. He is survived by his wife of over 20 years, his three children and two brothers. n

McKane said his team has reached out to the Oregon Health Care Association and provided information and expertise to help private businesses with smaller buses operate safely.

Recognizing a Commitment to Public Safety One of the new programs, Partners for Passenger Safety, allows ODOT and the Northwest Motorcoach Association to recognize private entities and motor carriers that assist in the eﬀorts to ensure safe travels on buses and motor coaches in Oregon. Recognition certiﬁcates issued to participating carriers and destinations thank partners for providing safe locations to conduct bus and motor coach inspections. This acknowledgement of participation also recognizes the commitment each entity has to the safety of the traveling public. In addition, the Partners for Passenger Safety participants are listed on MCTD’s website. This is similar to the Oregon Trusted Carrier Partner (TCP) Program. Recently, passenger-carrying motor carriers were allowed to participate in the TCP Program. Established 15 years ago, this program recognizes motor carriers with exemplary records of compliance with registration, tax and safety requirements. Passenger-carrying motor carriers in the TCP Program also agree to periodic inspections of their buses and motor coaches.

Grady Waxenfelter loved to ride motorcycles so his friends and family joined the procession to his funeral on their motorcycles. Photo credit: Molly Harbarger for The Oregonian.

“Eﬀorts like these demonstrate that we at ODOT are working with industry members to further the goal of a safe, eﬃcient and responsible transportation system for all Oregonians,” McKane said. n

SECOND QUARTER 2014

R EGIO N A L NE W S

REGION V

Conference for Bus Drivers Held in Québec City On April 23, 2014, about 100 professional bus drivers and bus drivers in training attended an event dedicated entirely to their profession. Held on the outskirts of Québec City, this event allowed professionals and stakeholders from every sector to share their experiences and learn more about the laws and regulations in force across Canada and the United States.

From left to right: Martin Bureau and Diane Villeneuve from the Fédération des transporteurs par autobus, Lt. Gene Cote from the Vermont Department of Motor Vehicles and Patrick D’Amour from Contrôle routier Québec.

CALL FOR GUARDIAN SUBMISSIONS CVSA is always looking for interesting, relevant content for its quarterly magazine. We would be happy to consider your news, ideas, insights and articles on the issues facing the commercial vehicle safety community for upcoming editions of Guardian. Deadline for Third Quarter 2014 issue: Friday, July 11, 2014 To submit your article, send your content, along with any corresponding photos, to communications@cvsa.org. Questions? Please contact communications@cvsa.org or 301-830-6152.

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Approximately 100 professional bus drivers and bus drivers in training attended an event entirely dedicated to their profession. Photo credit: Normand Huberdeau/NH Photographes

Lt. Gene Cote, from the Enforcement and Safety Division of the Vermont Department of Motor Vehicles, presented the similarities and diﬀerences between Canadian and U.S. regulatory requirements regarding hours spent driving and hours of rest. Other presentations touched on a wide variety of topics that included crisis management, the North American Fatigue Management Program and a bus driver’s obligations during chartered trips. In addition, approximately 20 bus drivers got the chance to show oﬀ their prowess by participating in a busdriving skills competition. This second edition of the conference for professional bus drivers, titled Colloque des conducteurs d’autobus professionnels, was organized jointly by Contrôle routier Québec and the Fédération des transporteurs par autobus. The conference provided bus drivers and bus drivers in training with an opportunity to engage in discussions amongst themselves and with various professionals and stakeholders from the passenger transportation industry. n

REGION V

Rimshot The Royal Canadian Mounted Police noticed this vehicle at a service station. The vehicle traveled roughly 30 miles (50 km) on the rim. The photo was taken by Oﬃcer Kevin Chaput from the Watson Lake Weigh Station, Yukon Territory. n

F R O M T H E D R I V E R ’ S S E AT

FROM THE DRIVER’S SEAT The Lost Art By Herschel Evans, LTL driver for Holland, Inc.

On a ten-mile commute to work if you drive 70 mph instead of 65 mph for the whole trip you will arrive at your destination a mere 39 seconds sooner.

s an active participant in the metro Atlanta, Ga., traffic scene for more than 25 years and as a professional driver, I have made some long-term observations. Sitting where I sit while doing the job that I do, I can't help but notice a few things. Following the car ahead of you in traffic is becoming a lost art. Seldom is the time that you see a vehicle approach a slightly slower moving car and just drop a few miles per hour (MPH) and follow behind them. It is almost without fail that the faster moving vehicle will pull out and pass the car ahead, never mind that the slower car may only be slower by a few mph. Are these extra maneuvers really needed? Do drivers save enough time on their trips to make it worth the risk of doing at least two lane changes to pass one car? Let's look at what you save. On a ten-mile commute to work if you drive 70 mph instead of 65 mph for the whole trip you will arrive at your destination a mere 39 seconds sooner. Think about how many lane changes would be needed to keep a steady 5 mph advantage going over the normal flow of traffic? I submit that it would involve many more than most people would realize; each one having the potential to get you into a collision. Think about how much safer and less stressful it would be to just follow the driver ahead. Every day, I watch drivers pull over to pass a slower moving car only to be caught behind another set of cars. Those extra lane changes end up being done for naught. Or, they do get around the slower car then the slower car leaves the highway at the next exit. Putting the passing vehicle right where they would have been anyway without the extra lane changes.

With most trucking companies governing the top speeds of their units, there just isn't much difference in the speed of trucks from one to another. My company governs our units at a maximum speed of 63 mph. If I come up behind another trucking company's rig that is governed at 61 mph does it really make sense for me to try and pass him no matter what? On a run of 500 miles, at highway speeds, each one mph difference shaves off less than 7 minutes of the trip. Seven or 14 or even 21 minutes is a small amount of time when spread over a 500 mile day. To this driver, it just isn't worth the added risks. The next time you find your vehicle slowly closing in on the car ahead, ask yourself if practicing the art of following the car ahead is all that bad of an idea. Reduce stress, have more of your attention available to watch for other traffic hazards, relax, stay safe and enjoy the drive. n

Large-vehicle drivers, like myself, are not immune from this sense of wanting to get ahead. I just don't think many have ever had it explained to them how little ahead we actually get when we attempt to go a few miles per hour faster than slower moving traﬃc.

SECOND QUARTER 2014

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

SAFETY INNOVATORS UPS Initiates Electronic Hazmat Process

Now, when an inspector or emergency responder requires hazardous material shipping papers, drivers will provide a toll-free number to call for access to documents containing a manifest of any hazardous materials contained in the shipment. This new process aims to streamline the sharing of information with inspectors and ﬁrst responders.

rom e-mail, to e-commerce and social media to streaming television, electronic communications surround us. But one area of commerce that has not widely adopted electronic communications is the transport of hazardous materials, where shipping papers are still required on every truck for every hazmat shipment. As of June 14, 2014, UPS changed that reliance on paper to electronic hazmat documents. An innovator in the use of technology throughout transportation, UPS secured a U.S. Department of Transportation (DOT) Special Permit (DOT-SP 15747) for the tractor-trailers that transport parcels between facilities in its smallpackage network, enabling the use of electronic records in place of hardcopy shipping papers. This venture into electronic communications was evaluated very carefully. “We made it a priority to cut red tape and improve efficiency and moved expeditiously with this special permit,” said Administrator Cynthia Quarterman, Pipeline and Hazardous Materials Safety Administration (PHMSA). “Sharing hazmat information electronically will improve transportation efficiency without sacrificing public safety.” “UPS is proud to partner with PHMSA to modernize and improve safety in the transportation industry through this change,” said Sam Elkind, UPS corporate regulated goods manager. The result of systems developed within UPS and carefully analyzed by U.S. DOT’s PHMSA, this new process will improve safety and expedite the sharing of pertinent information to inspectors and first responders. Electronic records also will provide enhanced redundancy in the event of a catastrophic accident, and transferrable electronic records will improve communications among those involved during an emergency. UPS’s Special Permit authorizes UPS feeder drivers (the drivers of tractor-trailers moving parcels between UPS buildings) to depart without copies of shipping papers for any hazardous materials in their vehicles. Instead, drivers will carry a UPS E-Hazmat Information Card with clear instructions about the use of the Special Permit, a copy of which also will be

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in the vehicle. Both the E-Hazmat Information Card and DOT-SP 15747 direct inspectors, law enforcement agents or emergency responders to call UPS’s dedicated 24-hour Hazardous Materials Support Center at 855-706-2595 and supply the UPS trailer number with a request for details about any hazardous materials on the vehicle. Technicians answering the calls to this dedicated number will ask for the name, agency and phone number of the caller. Also, the technicians will need to know the caller’s email address or telefax number. The manifest for the trailer number(s) involved in the query will then be supplied by email or fax. If the caller does not have either technology available, the technician will be able to read the information to the caller. It is important for inspectors and emergency responders to understand that this U.S. DOT and UPS initiative does not involve the traditional brown package delivery vehicles that circulate in our cities and towns. At this time, this electronic hazmat program only involves the UPS “feeders” or tractor-trailers moving large numbers of parcels between UPS facilities. Even so, there will be some important situations where electronic records may not be used: • Tractor trailers collecting shipments from or delivering them to very large companies. These pick-up/delivery operations by tractor trailer use UPS’s conventional shipping papers for any hazmat in the loads. • Air trailers transporting aircraft containers. Recognizable by roll-up side doors, these vehicles will continue to rely on traditional manifests at this time. • Trailers destined outside the U.S. (e.g., Canada). Because this initiative has U.S. DOT authority, loads destined outside the U.S. will need to be accompanied by hardcopy shipping papers to satisfy documentation requirements at destination. For additional information on the new permit and communication process, please visit the PHMSA website at www.phmsa.dot.gov and enter “DOT-SP 15747” into the search box. n

RA D INSP ECT IO N NE W S

RAD INSPECTION NEWS Two Events Cause Operations to be Suspended at the WIPP Site Two isolated events took place at the Waste Isolation Pilot Plant (WIPP) in February. On Feb. 5, 2014, a salt haul truck caught fire. Workers were evacuated and the underground portion of WIPP was shut down. Several workers were treated for smoke inhalation, but no injuries occurred. Nine days later, late on the evening of Feb. 14, a second, unrelated event occurred when a continuous air monitor (CAM) alarmed during the night shift when only 11 employees were at the WIPP site on the surface; no employees were underground. Two other WIPP employees reported to the site a couple hours later. The CAM measured airborne radioactivity close to the operating location where waste was being emplaced. Ventilation air is pulled from the underground repository by huge fans on the surface. This exhaust consists of unfiltered clean air. When the CAM alarmed, two dampers were automatically closed in the exhaust duct that redirected the exhaust through high efficiency particulate air (HEPA) filters that removes radioactive particles. The next day an above-ground exhaust air monitor on the WIPP site detected very low levels of airborne radioactive contamination. The 140 employees at the site were kept indoors as a precaution while air samples were taken. The 13 employees present during the radioactive release event on Feb. 14 were tested for internal radioactive contamination

iles

ge P

tora

S Salt

after the event. The 140 employees also have been offered testing. It is believed that a small amount of radioactivity leaked by the exhaust-duct dampers through the unfiltered exhaust ducts and escaped above ground. The exhaust duct dampers are large “butterfly” valves designed to close and cut off the air flow through the exhausters. However, the valves do not fully seal the exhaust ducts and still allowed a small amount of unfiltered air to escape. The dampers have since been sealed with highdensity expanding foam insulation. Remote monitors lowered down the air intake shaft and salt shaft into the underground repository have not detected airborne radioactivity. Plans and preparations are being made for a manned entry into the underground repository. The Feb. 14 radioactivity release was a watershed event for WIPP. It was the first accident of its kind in the 15-year operating history of the transuranic nuclear waste repository. No workers were underground when the release occurred. There were 11 workers on the night shift at the time of the release and two additional employees entered the site in response to the accident. These 13 workers later underwent analysis to determine if they inhaled or ingested radioactive material.

About RAD Inspection News RAD Inspection News features news and other stories pertaining to the North American Standard Level VI Inspection Program for Transuranic Waste and Highway Route Controlled Quantities (HRCQ) of Radioactive Material. This inspection is for select radiological shipments that include enhancements to the North American Standard Level I Inspection Program and the North American Standard Out-of-Service Criteria with added radiological requirements for transuranic waste and highway route controlled quantities (HRCQ) of radioactive material. Learn more at www.cvsa.org/levelVI. RAD Inspection News is made possible under a cooperative agreement with the U.S. Department of Energy (DOE). Since January 2007, it has run as a section inside CVSA's Guardian. n

Extensive environmental monitoring, including air, water and soil testing, indicates radioactive levels are near background levels and of no consequence to people or the environment. n

Event locations more than 2,300 feet apart

Continuous Air Monitor Alarm Location Salt Haul Truck Fire Location

(Panel 7 Exhaust Drift)

(North part of mine)

tal

Are

m eri

rth

W as

SECOND QUARTER 2014

RA D INSP ECT IO N NE W S

LEVEL VI 2014 CLASS SCHEDULE CVSA, under a cooperative agreement with the U.S. Department of Energy, has scheduled the following classes in 2014 to certify inspectors to conduct North American Standard Level VI Inspections for all motor carrier shipments of transuranic waste and highway route controlled quantities (HRCQ) of radioactive material. CVSA provides the North American Standard Level VI training to jurisdictional inspectors who meet the prerequisite of being North American Standard Level I and North American Standard Hazardous Materials/ Transportation of Dangerous Goods certiﬁed.

Level VI Certification Class 142 On March 24-27, 2014, in Meridian, Idaho, 23 officers from the Idaho State Police along with three officers from the Wyoming State Highway Patrol and four Visionary Solutions LLC staff members participated in the 142 Level VI Certification Class. The class took place at the Idaho State Police Training Academy. Tony Anderson of the Idaho State Police, Adam Roha of the California Highway Patrol and Carlisle Smith from CVSA staff taught the class. n

LEVEL VI 2014 CLASSES Albany, NY—July 8-11 Forsyth, GA—July 21-24 THIS CLASS IS FULL

Idaho State Police Hazmat Specialists Tom Wright and Colin Bonner survey packages as part of their practical exam.

National instructor Adam Roha provides instruction on how to survey the TRUPACT II container.

Anthony, NM—September 1-4 Austin, TX—November 3-6

2014 Level VI “Train the Trainer” Course a Success Any jurisdiction that needs inspectors trained should contact Carlisle Smith at 301-830-6147 or carlisles@cvsa.org.

NEED MORE LEVEL VI INFORMATION? The CVSA website is the place for the most up-to-date information regarding the Level VI Program. You’ll ﬁnd the minutes of the Level VI program committee meetings, Level VI reports, Level VI training and public outreach schedules and more.

www.cvsa.org/levelVI

The Level VI Program held its Train the Trainer course in Scottsdale, Ariz., Feb. 25 -27, 2014. A large class of 28 officers representing 18 states attended the course. On their first day, the students received a compressed eight-hour version of the U.S. Department of Energy’s (DOE) Modular Emergency Response Radiological Transportation Training (MERRTT). At the end of their first day, the students received their instructing assignments for the following two days. During the morning of the second day, the Level VI National Instructor Team provided a review of the regulations covering radioactive materials transportation, basic physics and officer safety reviews with a greater emphasis on work projects. A greater emphasis on hands-on work projects included the students having access to TRU Pact II shipping containers on site and a review of inspection procedures by the national instructors. Beginning on the afternoon of the second day and carrying into the third day, the students were given the opportunity to stand in front of their peers and provide training on modules preselected for them. At the end of the third day, each student took a quiz based on the Level VI Program. The 2014 Train the Trainer course was a great success with positive comments from the students on the changes made to the course by the national program. All Level VI state Train the Trainer instructors are required to attend the Level VI Train the Trainer course every two years as specified in CVSA Operational Policy 4. The following states were represented during the 2014 Train the Trainer course: Arizona, New York, New Mexico, Florida, Massachusetts, Nebraska, Texas, Kansas, Oregon, Maryland, South Carolina, North Carolina, Minnesota, Washington, Louisiana, Iowa, Colorado and Illinois. n

GUARDIAN

RA D INSP ECT IO N NE W S

Level VI Program Featured at the 2014 COHMED Conference

Los Alamos National Laboratory (LANL) Waste will Continue to Move

This past January, the Level VI Program was a featured course during the 2014 COHMED Conference held in Sarasota, Fla. An eight-hour refresher for certiﬁed Level VI inspectors was held over a two-day period. Level VI national instructors Rion Stann of the Pennsylvania State Police and Richard Swedberg, FMCSA (retired), provided the instruction to the 18 certiﬁed inspectors. The class was made up of inspectors from Maryland, Kentucky, Mississippi, Louisiana, New Mexico, Arizona, Tennessee, South Carolina, Texas, Iowa, Oklahoma, Georgia, Minnesota and FMCSA.

Nuclear Waste Partnership (NWP), the management and operating contractor at the Waste Isolation Pilot Plant (WIPP), in coordination with the U.S. Department of Energy (DOE), have agreed to ship transuranic (TRU) waste currently located at the Los Alamos National Laboratory (LANL) for temporary storage at Waste Control Specialists (WCS), located in western Andrews County, Texas.

The eight-hour refresher meets the requirements for maintenance of certiﬁcation for Level VI inspectors as found in CVSA Operational Policy 4. The COHMED leadership has already invited the Level VI Program back to COHMED for 2015. This is a great opportunity for states that only have two or three Level VI inspectors to send those inspectors to COHMED for their refresher, and allow them to participate in the COHMED conference. n

The department has committed to the state of New Mexico to remove several thousands of cubic meters of TRU waste from LANL by June 30, 2014. The waste will be moved to WIPP for ﬁnal disposal once the site reopens. n

Level VI Program Public Outreach

Level VI National Instructor Richard Swedberg provides the radiation physics review to the students.

Carlisle Smith, director of hazardous materials programs, CVSA, participated this past March in the National Transportation Stakeholders Forum (NTSF) Transportation Topics webinar. Smith provided an overview of the Level VI Program’s Peer Review Update report and 2013 Inspection Report for Inspection in CY 2010-2012. Smith gave a presentation at the 2014 annual meeting of the National Transportation Stakeholders Forum (NTSF) in Minneapolis, Minn., May 13-15. The Level VI public outreach booth was set up for the NTSF meeting. Smith attended the International Hazardous Materials Response Team Conference in Baltimore, Md., May 28-June 1. The Level VI public outreach booth was set up for the conference as well. n

Carlisle Smith and Rion Stann review Level VI inspection data with the students.

SECOND QUARTER 2014

RA D INSP ECT IO N NE W S

Level VI Roadside Inspections (2014 - Fiscal) LEVEL VI INSPECTIONS

Federal

State

Total

% of Total

Number of Level VI Inspections

634

100%

Point of Origin

341

53.79%

En Route

292

46.06%

Point of Destination

0.16%

Unknown Location

Level VI Inspections with No Violations

621

97.95%

Level VI Inspections with Violations

2.05%

Level VI Inspections with OOS Violations

1.10%

WIPP Shipment & Disposal Information As of Feb. 11, 2014

Site Argonne National Laboratory

Loaded Miles

193

331,333

Bettis Atomic Power Laboratory

10,955

GE Vallecitos Nuclear Center

44,800

Idaho National Laboratory

5,844

8,132,064

Los Alamos National Laboratory

1,344

459,648

Lawrence Livermore National Laboratory

24,804

Nevada Test Site

57,312

Oak Ridge National Laboratory

131

175,933

Rocky Flats Environmental Technology Site Hanford Site Sandia National Laboratories

Shipments

2,045

1,446,444

572

1,034,176

2,200

Savannah River Site

1,654

2,483,360

Total to WIPP

11,894

14,203,029

GUARDIAN

CVSA LEADERSHIP EXECUTIVE COMMITTEE PRESIDENT Sgt. Thomas Fuller New York State Police VICE PRESIDENT Capt. William “Bill” Reese Idaho State Police SECRETARY Capt. Jay Thompson Arkansas Highway Police PAST PRESIDENTS Maj. Mark Savage Colorado State Patrol Maj. Chief David Palmer Texas Department of Public Safety Asst. Chief Steve Dowling California Highway Patrol

REGION PRESIDENTS Region I Cpl. Rick Koontz Pennsylvania State Police Region II Lt. Col. Troy Thompson Florida Highway Patrol Region III Maj. Lance Evans Iowa Department of Transportation Region IV Capt. Chris Mayrant New Mexico Department of Public Safety Region V Pierre Pratte Contrôle Routier Québec

REGION VICE PRESIDENTS (Non-Voting) Region I Sgt. John Samis Delaware State Police Region II Capt. Timothy Pullin Alabama Department of Public Safety Region III M/Sgt. Todd Armstrong Illinois State Police Region IV Lt. Ken Roberts California Highway Patrol Region V John Lunney New Brunswick Department of Public Safety LOCAL PRESIDENT Oﬃcer Robert Mills Fort Worth Police Department

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

COMMITTEE AND PROGRAM CHAIRS COMMITTEE CHAIRS Driver-Traﬃc Enforcement Committee Lt. Thomas Fitzgerald Massachusetts State Police Hazardous Materials Committee Maj. Lance Evans Iowa Department of Transportation Information Systems Committee Holly Skaar Idaho State Police Passenger Carrier Committee Lt. Don Bridge, Jr. Connecticut Department of Motor Vehicles

Program Initiatives Committee Alan R. Martin Public Utilities Commission of Ohio

PROGRAM CHAIRS Level VI Inspection Capt. William "Bill" Reese Idaho State Police

Size & Weight Committee Lt. Tim Levi Oklahoma Highway Patrol

Cooperative Hazardous Materials Enforcement Development (COHMED) Sgt. Brad Wagner Nebraska State Patrol

Training Committee Capt. Rocco Domenico Colorado State Patrol Vehicle Committee Kerri Wirachowsky Ontario Ministry of Transportation

Roadcheck Capt. Derek D. Barrs Florida Highway Patrol North American Inspectors Championship (NAIC) Tpr. Steven Bedard Massachusetts State Police

International Driver Excellence Award Don Egli Iowa Motor Truck Association Operation Safe Driver (OSD) Brian Neal FedEx Ground Corp. Operation Airbrake (OAB) Sgt. Scott Hanson Idaho State Police Shelley Conklin Landstar Logistics

SECOND QUARTER 2014

2014 CVSA STRATEGIC PARTNERS ALLIED

PREMIER

DIAMOND

PLATINUM

GOLD

GUARDIAN

2014 CVSA STRATEGIC PARTNERS SILVER ABF Freight System, Inc. Austin Powder Company Cargo Transporters, Inc. EQ - Environmental Quality Co.

Groendyke Transport, Inc. Landstar Transportation Logistics Mercer Transportation Company PGT Trucking, Inc.

Schlumberger Tech Corporation STEMCO Brake Products Sysco Corporation Vehicle Inspection Systems, Inc.

BRONZE American Bus Association DATTCO, Inc. Dibble Trucking, Inc. Frontier Transport Herzig Hauling, LLC

Lytx, Inc. NATC, Inc. National Tank Truck Carriers Old Dominion Freight Line, Inc. Praxair, Inc.

Schneider National, Inc. Specialized Carriers and Rigging Association United Motorcoach Association Warren Transport, Inc.

FRIENDS OF CVSA American Coatings Association, Inc. American Pyrotechnics Association Anderson Trucking Services, Inc. Bork Transport of Illinois Brake Tech Tools

Canadian Council of Motor Transport Administrators (CCMTA) EQT Corporation Gateway Distribution, Inc. Greg Neylon

H.R. Ewell, Inc. LabelMaster MANCOMM, Inc. MIA Safety Services Transport Canada

NEW CVSA ASSOCIATE MEMBERS Benchmark Energy Transport Services, Inc.

SS Transportation Consulting

Eastern Lift Truck Co., Inc.

The Trucking Alliance

Kineticorp, LLC

TRAMEC SLOAN

Mann Consultant Services, Inc.

Transportation Compliance and Safety Group

ML Skid Steer Service

Tri-State G&T Association, Inc.

North Coast Truck Inspections

Univar USA

Ryden Heavy Hauling Consulting, Ltd

As of May 8, 2014

SECOND QUARTER 2014

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

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

CALENDAR OF EVENTS

2014 North American Inspectors Championship (NAIC)

The 2014 North American Inspectors Championship (NAIC) will be held on Aug. 11-15 in Pittsburgh, Pa., at the Marriott Pittsburgh City Center.

AUGUST 11-15, 2014 Marriott Pittsburgh City Center | Pittsburgh, Pennsylvania

2014 CVSA Annual Conference & Exhibition SEPTEMBER 14-18, 2014 Buﬀalo Niagara Convention Center | Buﬀalo, New York

2015 COHMED Conference JANUARY 26-30, 2015 Hyatt Regency Long Beach | Long Beach, California

2015 CVSA Workshop APRIL 12-16, 2015 Hyatt Regency Jacksonville Riverfront | Jacksonville, Florida

2015 CVSA Annual Conference & Exhibition SEPTEMBER 13-17, 2015 Boise Center | Boise, Idaho

Learn more at www.cvsa.org/events.

By participating in NAIC, you have the opportunity to not only compete against other inspectors from jurisdictions all across North America, but you also will receive training on the latest CMV safety trends, technologies, standards and inspection procedures while sharing insights, ideas, techniques and experiences with other inspectors. Plan now to participate in NAIC 2014. Register today. To learn more about the event, hotel and travel information, and to register, visit www.cvsa.org/events/naic/2014.