CVSA Guardian 4th Quarter 2010 by CVSA

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Volume Volume 17, 16, Issue Issue 3 2

Third Quarter 2009 Second Quarter 2009

Guardian

The New Carrier Safety Measurement System New Interventions Process and Warning Letters Explained Introducing the New Inspection Selection System

• Roadside Data: The Foundation of CSA 2010 • Alberta’s PBBT Program Provides Technological Advancements, Enhances Brake Testing

• New Mexico Implements Smart Roadside

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Table of Contents

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Insight President’s Message ........................................................................................................1 Letter to the Editor/OP-ED ..............................................................................................2 The Legislative Rundown ................................................................................................6 Knowledge Matters ........................................................................................................8

Federal News FMCSA Administrator’s Message: “Setting the Bar High for Safety” ................................11 New DataQs System User Guide to Strengthen Review Process ......................................12 Employer Notification Service Program Provides Solution to Carriers on Changes to Driver CDL Status ................................................................13 FMCSA Issues Amended Guidance on Enforcement of Federal Out-of-Service Orders at Roadside................................................................14 FMCSA Examining Additional Data Retrieval Via Nlets ....................................................15 Results of Brake Wear, Performance Field Operational Test Show Increase in Brake Efficiency..............................................................................16 FMCSA Hosts 5th Annual MCSAP Leadership Conference ..............................................17 National Training Offers On-Site Expertise to Facilitate Delivery of Training Programs..............18 NTC News Briefs ..........................................................................................................18 “Commercial Skills Test Information Management System” Now Available ........................19 FHWA Provides Technical Guidance to Support States’ Use of Virtual Weigh Stations to Augment Roadside Enforcement ........................................20 PHMSA Announces Enhancements to the HazMat Special Permits and Approvals Program .................................................................. 22 Tire Pressure Monitoring and Maintenance Systems Research, Test to Provide Cost and Benefit................................................................25

CVSA News Roadside Data: The Foundation of CSA 2010 ..................................................................26 CVSA Releases 2010 North American Standard Out-of-Service Criteria ............................28 CVSA Offers Training, Insights Into HazMat Transportation Issues at COHMED Conference ..............................................................................................29 Operation Safe Driver 2010 Ramps Up to Focus on Educating Teens & Trucks, Dangers of Distracted Driving ..........................................................29

Cover Story/Feature How Intelligent Transportation Systems and Technologies are Transforming Roadside Inspections ..........................................................................30 IntelliDrive: A Quantum Leap Forward for Truck and Bus Safety........................................33

Inspector’s Corner ..................................................................................................35 Committee News ....................................................................................................36 Regional News Smart Roadside Program Uses Advanced Technology Systems to Improve Efficiency, Effectiveness of Inspections Throughout New Mexico ................................39 North Carolina Motor Carrier Enforcement Integrates GIS Capabilities ............................40 Alberta Pilot Project Results Confirm Thermal Imaging Assists Transport Officers in Identifying CMV Mechanical Defects, Making Roadways Safer ..............................41 Alberta Implements PBBT Program, Finds Technological Advancements Enhance Brake Testing ............................................................................................42 Web-Based Intrastate Safety Audits Gives Colorado Officers More Time to Complete Traffic Safety Activities ..............................................................................43 Midwest States Plan Enforcement Blitzes ........................................................................43

Regional Rap ............................................................................................................43 Industry Spotlight ATA: Promoting a Progressive Safety Agenda that Aims to Further Reduce Fatalities, Injuries on Nation’s Highways ....................................................................44 National District Attorneys Association (National Traffic Law Center) Adds Commercial Motor Vehicle Senior Attorney ......................................................45 Sleep Apnea & Trucking Conference: Help for a Challenging Issue ..................................46 GHSA’s Annual Meeting to Focus on Technology ............................................................47

Executive Director’s Message ............................................................................47 RAD Inspection News ............................................................................................49

Published by: Commercial Vehicle Safety Alliance 1101 17th Street, NW, Suite 803 Washington, DC 20036 Phone: (202) 775-1623 Fax: (202) 775-1624 www.cvsa.org Dedicated to government and industry working together to promote commercial vehicle safety on North American highways. HEADQUARTERS STAFF Stephen A. Keppler Interim Executive Director Richard D. Henderson Director, Government Affairs Collin B. Mooney, CAE Director, Enforcement Programs Francisco J. Gomez Director, Member Services Larry D. Stern Director, Level VI Inspection Program Iris R. Leonard Program Manager J. Craig Defibaugh Accountant Laura Zabriskie Martin Communications Coordinator For comments, suggestions or information, please email us at communications@cvsa.org.

About the cover: Intelligent transportation systems and technological advancements help make roadside inspections more efficient and effective.

Guardian is a publication of the Commercial Vehicle Safety Alliance and the Federal Motor Carrier Safety Administration.

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PRESIDENT’S MESSAGE

Embracing Evolving Technologies and Using Them to our Advantage in Implementing Effective Compliance and Enforcement Strategies By Buzzy France, CVSA President From nearly every geographic location on the continent, CVSA member jurisdictions are facing some difficult challenges that in turn are forcing tough decisions. In many cases the stark reality is that many may not have enough staff to cover all the areas they need to. The same can be said for our industry partners. To stay effective we need to be looking continuously at what is the most efficient way of using our human resources in monitoring the freight being transported on our roadways. One thing all CVSA members know for sure is that budgets for resources for safety and enforcement are taking a hit, so we all need to work together to identify new ways to work smarter. With that said, I thought it would be very timely and appropriate to have this issue of Guardian focus on technology and how both enforcement and industry are working together, and to have them share their experiences with what’s working in the field. There are many advanced technologies that can help us not only make data more readily available but improve data quality. Data quality is the cornerstone for everything we base our actions on and improving the information we input into the system can only help us be more efficient in identifying carriers needing our attention. The importance of partnerships cannot be underscored enough. Not only do we need to work with each other but we need to be reaching out to other associations, coalitions and industry partners to ensure that safety stays in the forefront — since decisions that are being made today will affect us many years from now through legislation and other fronts. Our partners on the federal side are evaluating measures and are working

Buzzy France

together to integrate technology to help us further our mission to promote commercial motor vehicle safety and security. Agencies like FMCSA, which is working to help improve ways to access data (see their story on data retrieval through Nlets), and other agencies such as the Federal Highway Administration (FHWA) that help us capture data on carriers in areas that may have gone undetected in the past. FHWA is working to support states’ use of virtual weigh stations to augment roadside enforcement (see article on page 20). Looking forward into the future, combining these new technologies being

deployed both in vehicles and highway infrastructure can serve as a force multiplier in aiding us as in how we gather and evaluate data and help us measure how we are delivering programs in the field— telling us what’s working and what’s not. However, much will be driven by industry’s acceptance and buy in to adding this technology. A good case in point is electronic on-board recorders (EOBRs). With EOBRs we can see electronic data to help facilitate compliance and enforcement; assist enforcement in deploying and establishing interdiction strategies; enable CSA 2010 — a data hungry system that needs more inputs to be most effective — helping to enable everything from warning letters to robust compliance reviews, allowing us to focus where we need to focus. So, again, you see we come back to how critical data uniformity is in this process. But how can technology impact data uniformity? Many of these issues will be the subjects for discussion during committee and regional meetings throughout our Workshop in San Antonio. The Intelligent Transportation Systems (ITS) Committee works hard to ensure a safe, efficient and economically sound transportation system through the use of information (continued on page 5)

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LETTER TO THE EDITOR

Moving Forward with Renewed Commitment

The theme “Moving Forward With Renewed Commitment” can speak volumes to the current situation being confronted around the country and, indeed, the world. With economies struggling; federal, state, and local authorities seeking to maintain basic services (with virtually no attempts to expand programs), and commerce straining under burdens of expenses, logistics constraints; and diminishing motivation to “do the right thing,” everyone is being challenged to do what they can with what they have. Thus, everyone is seeking to find innovative and productive solutions that do not further strain resources or dismantle budgets. In effect, that challenge is to keep moving forward while striving to renew the commitment to quality. One particular challenge being confronted is the need to ensure that all resources are as current in their knowledge as they can be. This drives the ongoing need for training, information exchange, dialog, and cooperation among all players in the hazardous materials, transportation, and enforcement communities. While the regulations have seen nominal change over the past five years a great deal has occurred in transportation, technology, and greater knowledge of the hazards of many commodities encountered daily. Factored against the reductions seen in funding for training and conferences by virtually all government entities, the net effect has been to witness a great deal of change while experiencing reduced opportunities to become familiar with the changes that are taking place. It is important to note that change is continuing (often driven by economics) so there is no option to stand idly by. For these reasons, CVSA and COHMED members continue to see

very similar challenges as all of the other organizations trying to address the issues of HazMat enforcement, response and planning. Simply put, there are very limited funds to send personnel to the national programs that have for years served as the basis for information exchange. Until 2007 or 2008, costs for sending several personnel to national conferences were considered a necessary expense. Since then, organizations have taken a much harder and calculating look at numbers—numbers as in cost as well

one way to get “more bang for the buck.” From a calculated perspective, it is often less expensive to send three people to a regional conference or program than it was to send one person to a large “national” program. In addition to the basic cost savings, sending several individuals allows the “home” agency to be represented in many or (perhaps all) of the program elements as compared to one individual only being able to participate in one session at a time. In this way, the benefits are further multiplied.

One particular challenge being confronted is the need to ensure that all resources are as current in their knowledge as they can be. This drives the on-going need for training, information exchange, dialog, and cooperation among all players in the hazardous materials, transportation, and enforcement communities. as numbers of people who can be spared from regular duties to attend programs. But, a valuable opportunity has evolved that can benefit all groups. That opportunity is the growth and expansion of regionalized programs for training, information exchange, and interaction among users, transporters, handlers, and regulators. One example of this evolution can be seen in the increase of smaller, less expensive, more intense, and costeffective programs in various regions of the United States. Hosted by state, regional, and in some cases even local organizations, these conferences offer the participant high quality instruction with nationally prominent “experts” who are regionally based. The net result is a program that costs much less and is more readily accessible (closer to home), yet provides the same quality of information as many large national or international programs. This is a very real example of

One example of this is the Virginia/ Mid-Atlantic Hazardous Materials Conference and Symposium. The 2010 conference will be the 26th annual offering of training courses, seminars, and workshops augmented by displays and demonstrations, and capped by two and a half days of interaction with enforcement specialists as well as response personnel, manufacturers, shippers, carriers, and users. The conference roots stem from a clear understanding that hazardous materials safety is a comprehensive challenge that can only be met by coordination, communication, and cooperation among all of the players. The conference features upwards of eight to ten concurrent program sessions intermingled with scheduled exhibits, displays, and demonstrations all for one low registration fee that is used to cover the costs for program presentations (speaker travel, materials production, etc.) (continued on page 4)

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OP-ED

Uniformity and Consistency, a Moving Target

Uniformity is defined as “the state or quality of being uniform; overall sameness, homogeneity, or regularity.” Consistency is defined as, “steadfast adherence to the same principles, course, form, agreement, harmony, or compatibility.” CVSA is committed to achieving its goals of uniformity, compatibility and reciprocity of commercial vehicle inspections and enforcement activities throughout North America by individuals dedicated to highway safety and security. Uniform standards and procedures adopted by CVSA

each troop or unit commander, each road supervisor, and each inspector needs to embrace. Does each department train its personnel with the most updated information and guidance provided by CVSA and FMCSA? Is that information being reinforced through the chain of command down to each roadside inspector? We are all equally responsible to ensure that all of our enforcement decisions are done in a consistent manner, ever mindful of the core principles of Excellence and Integrity. But how is this done?

The original purpose of the roadside inspection program was to identify those critical safety items that were the common causes of commercial vehicle crashes. It still is. and MOU agencies require the application of the core principles of Integrity and Excellence to the roadside inspector. The integrity of CVSA and the policies it has adopted over the years are well founded. Each decision, policy change, or out-of-service criteria change follows established protocols set forth by the members. Some changes are not made easily, or unanimously, but a decision is made. Excellence is the ultimate goal. Adhering to all policies, procedures, and uniform standards in order to arrive at a quality work product that can’t be questioned is certainly where we all want to be. CVSA provides the tools necessary for roadside inspectors to achieve their goal of excellence. The real core of all that we stand for is consistency. Standards, uniformity, and compatibility are already addressed through the efforts of CVSA and its members. Consistency is the goal each agency,

The original purpose of the roadside inspection program was to identify those critical safety items that were the common causes of commercial vehicle crashes. It still is. Under CVSA’s leadership, all member agencies have an input as to what those critical safety items are. This list is always in constant flux as technology and methods of transportation improve. Enforcement, industry, and the FMCSA are partners in defining those safety items that should be the focus of any inspection. Going beyond those critical safety items during your inspection is just as important, because those other violations could be symptoms of a catastrophic failure in the future. Or could they? All carriers and drivers need to adhere to the Federal Motor Carrier Safety Regulations (FMCSRs). One could argue that a single marker light being out is a clear violation of the regulations. Could that single unlit marker light cause

a catastrophic failure and should it be on the critical safety item list for out-of-service consideration? CVSA and all members have said no. Should you note it on your inspection report? Absolutely. A roadside inspection report is just that, a report of violations of the regulations found during an inspection while following the uniform inspection standards. When that report is given to the driver/carrier, it is essentially a repair order. Out-of-service items need to be addressed immediately; the others need to be addressed before being re-dispatched. So, what is the problem with consistency? That question can only be answered by evaluating the ethics of each department and each individual inspector. Is it your policy to write all violations on your inspection report, or just a summary of what was found? Do you only write one brake violation and refer to the brake chart on the report, or do you list each one as a separate line item on the report? If you find a false log, do you write a violation for each instance of falsification, or do you write one violation and use the other instances as supporting evidence? As an agency, do you require supervisory review of inspections, or do you rely on the training and experience of the inspector? Did you call an inspection a Level I without crawling underneath for brake measurements? Did you decide to not issue a CVSA decal because there is a single marker light violation noted on your report even though it is not a critical safety item? While a single jurisdiction is confident it is applying the correct standards towards its inspection program, are other jurisdictions applying the same consistency of standards? This is not meant to be accusatory by any means, but rather a (continued on page 4)

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OP-ED

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(continued from page 3)

reminder that inconsistency affects the regulated industry negatively. Consistency and ethics should also be extended to FMCSA and their related safety programs. A representative of a motor carrier came to my office with a dilemma. One of my troopers stopped one of his drivers. The driver was found to be disqualified due to a seven-year old suspension in another state. The carrier had just done a driver history background on that driver a day earlier, which came out clean. If this carrier is doing things by the numbers to ensure compliance with the regulations, shouldn’t FMCSA ensure state CDL programs are reporting violations as they should? In this case, my trooper utilized NLETS to query the driver’s history, which is our policy. The carrier utilized CDLIS to query driver information. Which one is more accurate? In this case it was NLETS, but the state that suspended the driver never uploaded the suspension to CDLIS as required by FMCSA’s CDL program. Was this fair to the carrier? No. All carriers should have access to the same information as enforcement does roadside. By extension, enforcement should not be forced to utilize CDLIS as an authoritative source until it is found to be accurate.

LETTER TO THE EDITOR

order, then allow the new value algorithm to assign the appropriate safety value to a certain carrier or driver. For those inspectors that noted all violations, it should be transparent. For those that summarized violations, it will probably add to your documentation. The bottom line for inspectors is to just document the violations you discover, and let the behind the scenes calculations take place. While carriers will now be more concerned about any violation noted as they all will have a certain value, the integrity of the inspector should not be questioned if he/she followed the established procedures for that level of inspection. Uniformity and consistency will always be moving targets. It should remain the charge of CVSA to help minimize and keep the focus on inconsistencies. However, CVSA can’t do it alone. It is up to every roadside inspector, every enforcement agency, and the FMCSA to stay informed about all changes. Become active in bringing issues forward to CVSA with the mindset of quality, integrity, and excellence. Significant safety decisions are not made in a vacuum; every inspector and every agency needs to play a part. Lt. Thomas E. Kelly, Maine State Police

(continued from page 2)

The conference theme for 2010 is, “Moving Forward With Renewed Commitment,” certainly a reflection of the current challenges. Information regarding the conference which will be held October 20-22 in Hampton Virginia can be accessed by visiting the website for the Virginia Association of Hazardous Materials Response Specialists (www.virginiahazmat.org). Pre-conference training courses (certificates issued) will also be available and will be shown on the website.

With the help of CVSA, this particular issue is being addressed, and a resolution is being worked on. FMCSRs also have inconsistencies. §391.15 that deal with disqualified drivers have two conflicting interpretations. DOT Interpretation # 3 says a driver is disqualified if suspended by another jurisdiction if the suspension was for a driving violation. Question # 10 says the driver is disqualified if suspended for any reason. This now leads to inconsistencies within the enforcement community where one has adopted the driver violation suspension criteria, and others are following question 10’s guidance. How does that inconsistency now affect national carriers that travel through all jurisdictions? Comprehensive Safety Analysis (CSA) 2010 is on our doorstep and should help to resolve some of the roadside inconsistencies with regard to how violations found during a roadside inspection are documented. CVSA played a significant leadership role in assisting FMCSA in a complete re-write of available roadside violations for roadside inspection applications (i.e., ASPEN), and assigning a certain value for each of those violations. The goal is to have the roadside inspector document all violations just as if it were a repair

For individuals not living or working in the mid-Atlantic region, a Google-search can provide a wealth of information on other regional opportunities to gain current information on all things “HazMat.” In a time when “doing more with less” can be translated as “spending less

but doing as much as possible,” seeking high quality opportunities for training and information access can be one way of Moving Forward with Renewed Commitment. M/Tpr. R. C. Powell, Virginia State Police

CVSA’s Guardian welcomes your letters and comments. To submit a letter send an email to communications@cvsa.org or write to CVSA, c/o Guardian, 1101 17th Street, NW, Suite 803, Washington, DC 20036.

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PRESIDENT’S MESSAGE (continued from page 1)

technologies. My hat’s off to Cpl. Rick Koontz of the Pennsylvania State Police for chairing this committee and providing an update on what their committee is addressing. In addition, our DriverTraffic Enforcement Committee provides leadership through uniformity and conformity of driver related safety issues and is diligent at promoting effective traffic enforcement strategies to reduce commercial motor vehicle (CMV ) cr ashes. Thank yo u C apt . G e r r y Krolikowski of the Nebraska State Patrol who chairs this committee and for also providing members an update. Last but not least, thank you to all of our

regional members who are sharing their stories of what’s working in the field by using the data to facilitate safety and further our mission. Technology impacts all of us and has become a core component of how we deliver our safety and enforcement programs. We need to continue to search for technological advances that enable our members to do more with less and create a force multiplier in the field. With resource constraints a constant battle, being more targeted in our activities has and will continue to provide results. In addition, CVSA has taken a lead role in pushing for legisla-

tion in Congress to allow tax credits for fleets that purchase on board safety technologies. While we are making good progress on this issue, we still have some work to do. This is good public policy — it gives incentives to private investment in proven safety technologies. With CSA 2010 and a number of other technology research and demonstration programs in process at the federal level, the future likely will look much different than it is today. We need to embrace this evolution and use it to our advantage in implementing more effective compliance and enforcement strategies.

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The Legislative Rundown By Richard D. Henderson, CVSA, Director, Government Affairs

Richard Henderson

UCR Rule Finally at OMB On March 9, 2010 the Secretary of Transportation sent the new rule proposing an increase in the 2010 Unified Carrier Registration (UCR) fees to the Office of Management and Budget (OMB). The OMB could take up to 90 days to review the rule, or it could act sooner. States participating in UCR rely on its revenues for motor carrier safety programs. The fact that they have not received any UCR revenue thus far in 2010 is causing a reduction of safety enforcement programs, and furloughs and layoffs of safety enforcement personnel. The situation is critical in many states. Emphasis Shifts to Six-Year Reauthorization Bill Congress has passed and the President has signed legislation extending the Safe, Accountable, Flexible, Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU) to December 31, 2010 as well as providing the Highway Trust Fund with $19.5 billion so it can meet its financial obligations through 2011. FMCSA and the state safety grant programs including MCSAP are funded from the Highway Trust Fund.This extension allows FMCSA to award full year funding for Fiscal Year 2010 to the States and Territories instead of short-term incremental funding necessitated by a series of short-term Continuing Resolutions since Fiscal Year 2010 began on October 1, 2009. Whether a new six-year Reauthorization bill will be passed by December 31 of this year is still questionable. However, both the Senate Environment and Public Works Committee and the Senate Commerce Committee are now beginning work on such a bill with the stated goal of passing a bill by the end of the year. The

Senate Commerce Committee has already reported a bus safety bill out of Committee, S. 554, the “Motorcoach Enhanced Safety Act of 2009” and will soon begin holding a series of motor carrier safety hearings starting with a general safety oversight hearing in April. CVSA has been invited to testify. On the House side, a core Reauthorization bill cleared the Highways and Transit Subcommittee back in June of 2009. One possible scenario is for the House and Senate to complete work on most of

Part of the process in any reauthorization effort involves an exchange of information and ideas between CVSA and House and Senate Committees drafting the bill. This is done formally through the hearing process. As mentioned earlier, CVSA has been invited to testify at an upcoming Senate Commerce Committee hearing on safety oversight. CVSA testified at an earlier hearing on Electronic On-Board Recorders (EOBRs) in the Senate and on size and weight issues in the House. But the process also involves many informal meet-

The fact that [states] have not received any UCR revenue…is causing a reduction in safety enforcement programs.... the major issues before the November elections except for the more difficult issue of financing the long term bill which could conceivably be dealt with in a lame duck session of the 111th Congress. There is a precedent for such a scenario. It occurred in 1982 when Congress passed the Surface Transportation Act in a lame duck session. The problem thus far has been the reluctance of Congress to increase user fees until the economy has fully recovered from the recession. House Transportation and Infrastructure Committee Chairman James Oberstar (D-MN) has recently proposed the idea of Congress authorizing a $130 billion loan from the federal government’s General Fund to the Highway Trust Fund to cover the shortfall anticipated in funding the new bill. The loan would start to be paid back in the 5th and 6th year of the new bill when presumably a more robust economy would allow enactment of higher user fees (largely fuel taxes).

ings between CVSA and committee staff personnel. A recent meeting with Senate Commerce Committee staff provided an opportunity for CVSA to present its 12point reauthorization plan in some detail. Recent meetings with the House Transportation and Infrastructure Committee staff have focused in particular on CVSA’s size and weight and safety exemption policies. CVSA Participates In Capitol Hill Truck Parking Press Conference CVSA participated in a March 16 press conference held by Congressmen Paul Tonko (D-NY) and Erik Paulsen (RMN) to urge support for H.R. 2156, a bill that they have introduced in the House creating a competitive grant program to help reduce the shortage of rest area parking and to allow public and private owners of existing rest areas to expand and improve security. The bill,

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called “Jason’s Law,” is named after Jason Rivenburg, a New York resident, who was senselessly murdered during a robbery on March 5, 2009 while parked at an abandoned gas station in the vicinity of the I95 Corridor in the Southeast part of the country. Truckers had been using this lot due to a shortage of rest stops in the area. The bill has drawn a wide range of supporting organizations that include CVSA, American Trucking Associations (ATA), Owner-Operator Independent Drivers Association (OOIDA), the New York State Motor Truck Association, Advocates for Highway and Auto Safety and the American Moving and Storage Association. Campaign for Truck Safety Technology Bill Continues Efforts to gain more support for H.R. 2024 in the House and S. 1582 in the Senate, the “Commercial Motor Vehicle Advanced Safety Technology Tax Act of 2009” are continuing. There are 32 co-sponsors in the House and three in the Senate. These bills provide tax credits for carriers who purchase any one of four technologies: brake stroke monitoring, collision avoidance, lane departure warning and vehicle stability systems. A wide range of organizations representing industry and state governments support the bill and are actively working for its passage in the Congress. Appropriations Process for 2011 Budget Underway Both the Senate and House DOT-HUDand Related Agencies Appropriations Subcommittees have begun work on the FY 2011 Budget. FMCSA is the only modal administration for which DOT’s

request reflects an increase from the 2010 funding levels. The increase of $20 million would mostly fund FMCSA costs associated with the implementation of Comprehensive Safety Analysis (CSA) 2010. It may also be important to determine what the additional CSA 2010 costs will be to the states as well. You may recall that the FY 2010 Appropriations bill contained the Maine and Vermont size and weight pilot projects allowing the existing 80,000 lb.

weight limit on the Federal Interstate System to be exceeded. It would not be surprising if there are efforts to continue these pilots as well as to consider requests from additional states to be included in the pilots. CVSA will be pressing the point that such pilots need to be carefully defined with a comprehensive set of uniform standards that will yield information on the effects on the highway infrastructure as well as on motor carrier safety.

CVSA TRADE SHOW APPEARANCES LIFESAVERS April 11-14 Philadelphia, PA TRUCK WORLD April 15-17 Toronto, ON, Canada CCMTA ANNUAL MEETING May 16-20 Fredericton, NB, Canada

NATIONAL SHERIFFS ASSOCIATION, ANNUAL CONFERENCE June 26-30 Anaheim, CA NATIONAL ASSOCIATION OF COUNTY OFFICIALS (NACO) July 16-20 Reno, NV

DOE NATIONAL TRANSPORTATION STAKEHOLDER FORUM May 24-27 Chicago, IL

AMERICAN DRIVER & TRAFFIC SAFETY EDUCATION ASSOCIATION, ANNUAL CONFERENCE July 24-29 St. Louis, MO

CONTRACTORS MANAGEMENT ASSOCIATION (CTMA) June 20-24 Portland, OR

GOVERNOR’S HIGHWAY SAFETY ASSOCIATION (GHSA) September 26-29 Kansas City, MO

NATIONAL ASSOCIATION OF

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KNOWLEDGE MATTERS

Collecting, Assessing Relevant Information Through Technology Provides Us with the Means to Make Smarter Choices By Steve Vaughn, Chief, California Highway Patrol (Retired), CVSA President 2000–2001 For the first 13 years of my career with the California Highway Patrol (CHP), I watched technologies in law enforcement advance at a brisk pace. In 1993 I entered the Commercial Enforcement program of the CHP where I remained for most of my final 16 years. I recall thinking we were limited in the use of technologies within the commercial enforcement arena and that some of the basic technologies used in general law enforcement did not have applications in my new world. Today we are inundated with new technologies for the inspectors, roadside enforcement, data systems and the commercial vehicles. I’d like to focus on a few of the major stepping stones which took us from pencil and pad to the robust automated systems we have today and also touch upon where we may be going in the near future in the U.S. based on some of the initiatives FMCSA has presented in recent years. DATA COLLECTION AND SHARING ASPEN ASPEN was still in the early development stages and viewed as a new technology in the early 1990s. It was viewed as a means to make FMCSA and state roadside inspections more efficient and improve safety. The initial concept was to simplify the recording process for the inspector, improve accuracy of the data being collected, increase uniformity of the violations being recorded, and, improve the timeliness of the data being forwarded to SAFETYNET. Specifically, ASPEN was a software application designed to conduct inspections on Commercial Motor Vehicles (CMVs) and their drivers. The software ran on laptop computers either in a mobile unit or at a fixed inspection site.

The days of the pencil and illegible inspection reports were over as ASPEN collected the inspection details and printed those details in an associated report for the driver and carrier. In addition, the ASPEN inspection data was uploaded through SAFER to SAFETYNET and the inspection record was sent on to the Motor Carrier Management Information System (MCMIS). As outlined in a FMCSA ASPEN fact sheet, ASPEN has grown to interface with different systems to help provide data uniformity in the following manner: ASPEN imports from the following applications: • Query Central - Carrier, driver, and vehicle data can be imported from Query Central; • Inspection Selection System (ISS) Carrier data can be imported from ISS if internet access to Query Central is not available; and, • Third Party Application - This data is dependent on the type of data collected and desired by the state. ASPEN exports to the following applications: • Commercial Drivers License Information System (CDLIS) Access - Driver data can be exported to the CDLIS Access application; • Past Inspection Query (PIQ) Vehicle data can be exported to PIQ; • CaseRite - Carrier and Inspection data can be exported to CaseRite; • SAFETYNET; and, • SAFER. ASPEN has proven to be very successful. We have seen a tremendous improvement

in the accuracy and timelines of inspections reports over the years, as well as the ability to distribute the data to a number of data systems in a near seamless fashion. Commercial Vehicle Information Systems and Networks (CVISN) As the Project Manager for CVISN in California (one of the seven pilot states), I remember spending a great deal of time on airplanes, on conference calls, and in meetings throughout 1996 and 1997. The seven pilot state project teams worked closely with FMCSA and Johns Hopkins University, Applied Physics Laboratory ( JHUAPL) to develop the architecture for the seven states, and in a sense, CVISN itself. Our main objectives were to focus safety enforcement on high-risk operators, integrate legacy data systems to improve the accuracy, integrity and validity of credentials, improve efficiency through electronic screening of commercial vehicles, and enable online application and issuance of credentials. The expanded CVISN has endeavored to include virtual weigh stations, license plate readers, oversize/overweight permits, one-stop shopping portal for credentialing of motor carriers and driver information sharing through the use of driver license card swipes and biometrics. At this point, according to the FMCSA CVISN webpage, all 50 states are either moving toward Expanded CVISN, are Core Compliant, or are in the planning stage of becoming Core Compliant. Performance and Registration Information Systems Management (PRISM) PRISM and CVISN are closely related p rogr a m s whic h are man ag ed b y FMCSA. PRISM is comprised of two

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major processes: 1) the Commercial Vehicle Registration Process, and 2) the Motor Carrier Safety Improvement Process (MCSIP). These processes work in conjunction with one another to identify motor carriers and hold them responsible for the safety of their operation. The commercial vehicle registration process ensures that all carriers engaged in interstate commerce are uniquely identified through a USDOT number when they register their vehicles. The safety fitness of each carrier can then be checked prior to issuing vehicle registrations. Thus, motor carriers that have been prohibited from operating in interstate commerce may have their ability to register vehicles denied. MCSIP is the means by which a motor carrierâ&#x20AC;&#x2122;s safety is systematically tracked and improved. The process is designed to improve the safety performance of motor carriers with demonstrated poor safety performance through accurate identification, performance monitoring and treatment. While ASPEN, CVISN and PRISM provided a means to collect inspection data and transmit the inspection reports

in a timely manner, we also saw advancement in other roadside technologies which were designed to assist inspectors in focusing on vehicles that warranted extra attention. A few of the more common technologies used included the following: Roadside By-Pass Systems The first by-pass system was conceived in 1983 by Heavy Vehicle License Plate (HELP). HELP was instrumental in developing the intelligent vehicle-highway system (IVHS) initiative for commercial vehicle operators (CVO). The program evolved through several phases including concept exploration, feasibility, project development and technical study. The project, which became known as the Crescent Project, was intended to demonstrate the integrated technologies that today form the basis of PrePass: Automated Vehicle Identification (AVI), Automated Vehicle Classification (AVC), and Weigh-In-Motion (WIM). The PrePass service began in 1995 with five sites in California. As of today, the PrePass system has grown to 287 operational sites in 29 states with over 425,000 commercial

vehicles enrolled in the system. NORPASS (North American Preclearance and Safety System) is another organization which formed a partnership between state agencies and the trucking industry. The program currently is operating in seven states with over 100,000 commercial vehicles enrolled. Both systems, in addition to the states of Oregon and North Carolina, which developed their own systems, utilize transponders to allow vehicles to bypass the roadside inspection sites without stopping if predetermined safety and credential information is current as outlined by each of the individual state users. Oregonâ&#x20AC;&#x2122;s Green Light weigh station preclearance program started keeping track of green lights in January 1999.The program is now serving 4,496 trucking companies with 37,832 trucks equipped with transponders. Infrared Sensor Systems Several states elected to implement additional features to further screen potential vehicles for inspection by using infrared sensor systems. The sensors look for unusually hot or cold reading on specific equipment such as brakes, wheel bearing and tires which may indicate a significant safety hazard. Inspectors monitoring these systems can then signal the vehicle to pull in for further inspection. License Plate and DOT Readers The use of license plate and DOT number readers has proven to be useful in capturing images of CMVs which can then be used to manually or automatically input the information into systems such as ISS or ASPEN. This use of technology provides the following benefits: 1) reduces the amount of time an

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inspector must spend populating an inspection report, 2) provides information which can assist the inspector on determining the need to inspect a vehicle, and 3) saves valuable time for the motor carrier being inspected.

www.cvsa.org

found on modern heavy duty trucks allows for an array of vehicle sensors to collect information of critical safety components in real-time; essentially conducting a self-inspection of the vehicle. The most common uses today include sensors for monitoring brake systems, other electronically controlled components, engine usage, transmissions and tire pressure. The technology has provided carriers with the ability to monitor service requirements by downloading the information from the ECUs thus making them safer and more efficient. In addition, during times of

the potential of loss of cargo, equipment and time. Furthermore, many insurance carriers provide discounted rates when a motor carrier equips their vehicles with such technology.

Bridging the Technologies On Board CMV Technologies While I’ve only touched upon a few of the technologies that we’ve seen in the past 20 years, I Electronic on-board recorders (EOBR) can believe these are the main stepping stones in automatically record the hours that comwhich FMCSA, the states and industry have mercial operators drive CMVs. While here improved safety on highways in the U.S. New in the United States some carriers use initiatives such as CSA 2010 and Wireless EOBR simply as an electronic log book, in Roadside Inspections (WRI) bring many of many countries around the world EOBRs these technologies together in an effort to afford are used to monitor a drivers hours of servthe roadside inspecice. An EOBR tor a better method can be linked with to target motor carriengines, transmisIn an era when enforcement agencies and motor carriers ers that are in need of sions and global are facing economic and personnel challenges, closer scrutiny based positioning system technology can provide the necessary assistance… on past performance. (GPS) devices to Furthermore, it record the distance [but] we must recognize that technology will never provides motor carria CMV has travreplace the commitment and dedication ers the opportunity eled monitor the to utilize the same speed and deterof those individuals in our enforcement programs. information for the mine whether it purpose of self polichas used an illegal increased fuel costs, they can better ing and enhancing their safety programs. route. monitor fuel and oil usage assisting in Although the motor carrier industry GPS is not widely used for commercial planning of expenditures and seeking and government officials as a whole work roadside enforcement today. However, it is more productive methods of operation. in a diligent manner to maintain safe used daily in other aspects of law Finally, within the safety departments, operations, we still have room for enforcement and has tremendous potenECUs allow for monitoring of hard improvement. Collecting and assessing tial in the commercial motor vehicle braking applications, which could sugrelevant information through technology enforcement world. Law enforcement gest a driver is following too close. provides us with the means to make use today is generally limited to criminal Additionally, through monitoring the smarter choices in carrying out that task. investigations of cargo theft, Homeland tachometer an assessment of driving In an era when enforcement agencies and Security issues, geo-fencing and accispeeds of their drivers can be determotor carriers are facing economic and dent investigation. However, as we mined. This can be critical in assessing personnel challenges, technology can advance roadside technologies, the use unsafe driving practices of drivers or provide the necessary assistance. for commercial law enforcement appliestablish new training needs. However, we must recognize that techcations will increase. They could paralCollision Mitigation Systems, Lane nology does not come without an associlel the manner in which the motor carriDeparture Warning, and Vehicle Stability ated price tag. The implementation of er industry uses GPS today. Systems are also technologies that have such technologies can be costly and we While these technologies were been addressed by FMCSA and motor face the challenge of new and advancing designed to assist the roadside inspector, carriers as a method to improve safety on technologies which further increase those other technologies were becoming of age our highways. The most obvious advancosts. Finally, we must recognize that to improve the safety of CMVs, assist tage to these new systems is that they technology will never replace the commotor carriers in the management of their reduce crashes, thereby reducing the mitment and dedication of those individfleets, and generally improve the operation number of injuries and fatalities on our uals in our enforcement programs and of CMVs. A few of these technologies are highways. For the carriers, it also proindustry that continue to strive to make outlined in the following paragraphs. duces tremendous benefits by reducing the nation’s highways safer for all users. Electronic Control Units (ECUs)

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FMCSA ADMINISTRATOR’S MESSAGE

Setting the Bar High for Safety By Anne S. Ferro, FMCSA, Administrator

Anne S. Ferro

The days have certainly passed quickly since I experienced the honor or being sworn in as the fourth Administrator of FMCSA last November. Since that time, we have already accomplished a great deal with a number of critical safety decisions made with clarity and conviction. Each and every moment, safety remains our number one priority at FMCSA and the U.S. Department of Transportation. My personal focus is driven by three areas of emphasis that I believe will produce the greatest benefit toward reducing commercial vehicle-related fatalities: 1) Raise the safety bar to enter the industry; 2) Maintain high safety standards to remain in the industry; and, 3) Remove high-risk operators from our roads and highways. Everything we do must be tied to these three priorities – whether it’s determining who is qualified to be credentialed, developing roadside enforcement tools for our law enforcement partners, preventing dangerous driver behavior, or examining highrisk carriers and taking action before they engage in unsafe actions. CVSA and its members are FMCSA’s force multiplier in this equation. With these top three priorities as a guide, and with CVSA’s leadership on uniformity and effectiveness in motor carrier safety enforcement, I am convinced we will achieve significant improvements in commercial vehicle safety on the road ahead. Raising the Safety Bar Through our partnership, we must continue to raise the bar to entry into the motor carrier industry by building upon the enhanced review process of new applicants for passenger and household goods authority. Under FMCSA’s vet-

ting procedures, new applicants are investigated for connections to other carriers who possess a history of safety violations or those against whom punitive actions have been taken. I commend our state law enforcement partners for their superb assistance in helping FMCSA to roll out the New Entrant Audits. Through this program, we are identifying start-up companies who possess safety issues that must be addressed before they can continue to operate. FMCSA is committed to expanding the enhanced vetting program currently in place for passenger carriers and household goods carriers to all new entrants. When fully implemented in 2011, you can be assured carriers will have received close scrutiny before a new entrant audit is scheduled. Maintain High Safety Standards Making sure that all carriers, drivers and service providers who get credentials through FMCSA maintain the highest safety standards is a cornerstone of our mission. As prominently featured in the first quarter 2010 issue of Guardian, Comprehensive Safety Analysis 2010 – or CSA 2010 – provides the roadmap forward for ensuring that anyone engaged in commercial vehicle operations maintains high safety standards. Carriers will be assessed by seven key factors: unsafe driving, fatigued driving, driver fitness, crash history, vehicle maintenance, improper loading, and cargo and controlled substances. The practice of a “one-size fits all” compliance review model will soon be a thing of the past. CSA 2010 is designed to give state and federal law enforcement personnel the highly-focused safety performance

information needed to determine the most appropriate level of intervention. It will include a range of interventions – from warning letters all the way to comprehensive on-site compliance reviews. Another issue that speaks to high safety standards includes hours-of-service (HOS) rules. In just the first three months of 2010, FMCSA has held a total of five pubic listening sessions in preparation for an HOS rulemaking proposal to be published later this year. These listening sessions embody President Obama’s pledge for transparency in government. It is vital that we hear and understand what the rest of the country is thinking, particularly our partners in law enforcement. The feedback we have received will allow us a better perspective when looking at the research and developing a final proposal for a new rule on HOS. Remove High Risk Carriers, Drivers and Behaviors Our approach to removing high risk carriers will be multi-faceted. FMCSA’s Enforcement Division has begun compiling a monthly “Top 100” list of high risk household goods carriers who also have severe safety issues. Follow-up is done by FMCSA’s field staff to assess their safety management practices – with impressive results. Of the current 100, to date, 39 enforcement cases have been filed. Together with CVSA members, we continue to implement strategic strike forces for passenger carriers. In the most recent strike force alone, approximately 1,300 roadside inspections occurred. This was complimented by more than 70 compliance reviews of high risk passenger carriers. Maintaining high standards also requires addressing (continued on page 12)

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New DataQs System User Guide to Strengthen Review Process By Betsy Benkowski, FMCSA, State Data Quality Program Manager

Strong quality data has always been a top priority for the FMCSA. It is essential to fulfill the agency’s research, analysis and policy development responsibilities. With the upcoming launch of the Comprehensive Safety Analysis (CSA) 2010 program, the quality of the data collected and reported by FMCSA and its state partners has never been more critical. CSA 2010 requires data collected from police accident reports and roadside inspections to be included in the carriers’ and commercial drivers’ safety profiles. With CSA 2010, every aspect of every inspection counts – not just the out-ofservice violations. FMCSA’s online “DataQs” system has served as the primary mechanism whereby carriers and commercial drivers can challenge the accuracy of data that used to determine safety fitness ratings. The DataQs system is an online portal for filing concerns about data released to the public by FMCSA. It allows users to monitor the status of a challenge from submission to resolution. The DataQs system is comprised of a network of federal and state analysts who review and evaluate the data, the challenge and the corresponding evidence or

supporting information that has been supplied. Each data challenge or request for review submitted by a carrier or driver is routed to the appropriate federal or state office for resolution. Since 2004, the DataQs system has received approximately 72,000 requests for data reviews (RDR) or challenges to the data from more than 18 million records collected. More than 67 percent of the challenges reviewed resulted in record updates. FMCSA, with the support of its state partners, is in the process of developing a “DataQs User’s Guide and Best Practices Manual.” This manual will include recommendations for operational procedures that federal and state analysts may use to efficiently resolve challenges. The guide will help improve consistency and standardize the resolution process.

The DataQs Users Guide and Best Practices Manual will also cover the following areas: • Timeframes for responses • Documents required to corroborate that challenges are valid • Sources available to validate data • Recommended “due process” procedures • Appeals • Sample case studies • Additional resources The manual will not replace a state DataQs analyst’s careful review and consideration of the factors that may be unique to each challenge, because two scenarios are seldom identical. Overall, the manual’s recommendations are intended to support uniformity of the DataQs process across all states while still preserving discretion and judgment required by unique cases. FMCSA anticipates releasing of the DataQs manual in the third quarter of 2010. The FMCSA technical staff is always available to provide assistance toward improving the processes, applications and safety data. For more information, contact betsy.benkowski@dot.gov or call FMCSA toll free 1-800-832-5660.

FMCSA ADMINISTRATOR’S MESSAGE (continued from page 11) irresponsible behaviors, particularly driver actions that take their attention from the road. The entire U.S. Department of Transportation is committed to eliminating distracted driving. Earlier this year, Secretary LaHood and I announced our decision to use existing FMCSA authority to prohibit commercial truck and bus drivers from texting while driving, using any handheld cell

phone or other device. A formal rulemaking to ban texting is soon to follow. No Shortcuts Just as there are “no shortcuts to anyplace worth going,” I believe there are no short cuts in commercial vehicle safety. We must continually do the hard work – because one fatality on the road is one too many. With your steady, strong partnership,

we will continue to make progress in improving our safety tools and strategies toward the goal of helping every jurisdiction achieve a continuing reduction in the number and severity of commercial vehicles crashes. As FMCSA Administrator, my vision is to set the bar high for safety. By working together, I am confident we will achieve it.

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Employer Notification Service Program Provides Solution to Carriers on Changes to Driver CDL Status By Chris Flanigan, FMCSA, General Engineer, Office of Analysis, Research and Technology Research has shown that drivers with traffic-related convictions are more likely to be involved in future crashes than are their counterparts with no convictions. Among the nation’s millions of commercial driver’s license (CDL) holders, approximately 800,000 receive one or more traffic conviction each year. By focusing on these “at risk” drivers, the overall number of commercial vehicle-related crashes would be reduced. To accomplish this, carriers need timely information to allow them to take appropriate steps. Currently, FMCSA requires carriers to check the CDL status of the drivers they employ at least once each year. Drivers are required to notify their employers within 30 days of a conviction for traffic violations, regardless of the nature of the violation or the type of vehicle that was being driven at the time. Understandably, but unfortunately, some CDL drivers do not report convictions to their employers in a timely manner. In some worst case scenarios, a period of almost one year may lapse between a drivers’ conviction and their employer learning of the event. Employer notification systems provide a solution. A carrier is able to register its drivers and automatically be notified of a change in their CDL status. Currently, 13 states have some form of these employer notification systems in place. There are also a number of private entities that have contractual arrangements with states that allow them to provide this service to carriers. These third party providers, however, only have arrangements with 29 states resulting in gaps in national coverage. Based on the success of state-run and private systems, FMCSA initiated the

Employer Notification Service (ENS) program. It began with the development of a prototype system that was pilot tested in Minnesota and Colorado. Seven carriers participated with nearly 900 drivers enrolled in the test program. The pilot was considered a success by many measures. The system functioned as intended, carriers were able to take appropriate actions much more quickly, and participant carriers and states incurred very little cost. Additionally, motor carriers were able to identify and quantify significant benefits in terms of early identification of poor driver performance and/or driver behavior issues. FMCSA is now developing an implementation plan that will address policy issues to be considered in deploying a national ENS system. The three main modes of deployment that are being considered include: 1) A federally administered system, where conviction data would be collected at a central site and then distributed to participating carriers; 2) A market-based system, where currently established programs would continue along with effort to persuade the remaining non-participating states to sign-up; and, 3) A hybrid approach where FMCSA would set minimum specifications for a system, certify third parties for participation in the program, and leverage a current national driver conviction database such as the Commercial Driver’s License Information System (CDLIS) to provide carriers with this information. For more information, contact chris.flanigan@dot.gov or call FMCSA toll free 1-800-832-5660.

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FMCSA Issues Amended Guidance on Enforcement of Federal Out-of-Service Orders at Roadside By Jack Kostelnik, FMCSA, Team Leader, State Programs Division

Query Central cannot be used at the roadside, any OOSO identified must be verified by contacting the appropriate FMCSA Service Center before placing the vehicle OOS.

place only the power unit OOS, and should indicate the appropriate FMCSR section that pertains to the OOSO on the inspection report (and citation if issued). Enforcement personnel should follow their individual department policies and procedures according to the laws of the state when placing a power unit OOS. The inspection report should include instructions to the carrier to contact FMCSA at the number in the OOSO document they received previously. The enforcement official should also inform the driver that this OOSO is a carrier violation and will have no bearing on his/her driver record.

Documenting OOS Based Upon Federal OOSO If a valid OOSO is discovered and verified, enforcement personnel must

Query Central is Preferred Method The use of Query Central is the preferred method for obtaining after hours operating authority and OOSO information. If

On November 17, 2009, FMCSA issued amended guidance to Motor Carrier Safety Assistance Program (MCSAP) enforcement personnel regarding federal out-of-service orders (OOSO) issued to motor carriers. This memorandum superseded a previously issued guidance dated May 9, 2009. Roadside Data Availability Enforcement personnel, whether at fixed facilities or on patrol, have several means available to obtain operating authority and OOSO information during a commercial vehicle inspection. While this information may be accessed through multiple means, there is preferred progression of resources that should be checked in the following sequence whenever possible. Most Timely Data to Least Timely Data 1. Query Central (updated in real-time for OOSO status). 2. The International Justice and Public Safety Network – Nlets – carrier query (updated Mondays through Thursdays and Saturdays). 3. Safer Website (updated Mondays through Thursdays and Saturdays). 4. Inspection Selection System (updated monthly). OOSO Status Verification Verification of a federal OOSO against a motor carrier is a two-step process. First, the OOSO must be discovered at the roadside through a query on the motor carrier’s record. Second, once an OOS condition is identified, enforcement personnel must verify the status of the OOSO using Query Central. Exception: If

Description

Section

Failure to Pay Fine – Private Carrier

386.83(a)(1)

Failure to Pay Fine – For-Hire Carrier

386.83(a)(1)

UNSAT/UNFIT – Placarded HM & Passenger Carriers

385.13(a)(1)

UNSAT/UNFIT – Property Carriers

385.13(a)(2)

New Entrant – Failure of Safety Audit

385.325(c)

New Entrant – Refusal of Audit/No Contact

385.337(b)

Imminent Hazard

386.72(b)(2)

MX Carrier – Inadequate Corrective Action

385.105(b)

MX Carrier – UNSAT/UNFIT

385.111(a)

MX Carrier – Suspended Operating Authority for UNSAT Rating or Failed Safety Audit

385.111(c)(1)

MX Carrier – Revoked Operating Authority

385.111(c)(2)

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an OOSO is discovered but cannot be verified (FMCSA Service Center is closed, for example), enforcement personnel should only decline to place a carrier OOS if absolutely necessary. If the carrier is not placed OOS, the enforcement official should make copies of pertinent paperwork (bills of lading, receipts, etc.), if possible, to demonstrate that the carrier was operating in interstate commerce at the time of the inspection. Evidence of violation of the OOSO may include the FMCSA document prohibiting interstate operations and a copy or facsimile of the inspection or crash report indicating interstate activity. Enforcement personnel should forward the information as soon as possible to the appropriate FMCSA Division Office for follow-up to determine the carrier’s actual operating status at the time of the inspection. If FMCSA

Guardian

determines that the carrier was operating while a valid OOSO was in effect, an enforcement case may be initiated by the Division Office. Corrective Actions for OOSO When an OOSO is discovered and verified at the roadside, the corrective actions by the carrier for violations are as follows: 1. Satisfy all requirements in the Federal OOSO (including reinstatement of suspended or revoked operating authority, if required); 2. Arrange for an authorized carrier to deliver the cargo (OOS carrier’s power unit may not be used); or, 3. Arrange for the vehicle to be towed back to the carrier’s terminal. The carrier remains OOS until the OOSO has been officially rescinded

by the appropriate FMCSA Field Administrator. Final Note All federal OOSO are issued and rescinded in the Motor Carrier Management Information System (MCMIS) by FMCSA Enforcement Team personnel as delegated by the FMCSA Field Administrators. State enforcement personnel will not be directly notified by FMCSA when the motor carrier’s OOSO has been satisfied. In order to verify that the OOSO has been rescinded, the enforcement official must check the carrier’s record through Query Central or contact the Enforcement Program Coordinator in the appropriate FMCSA Service Center. For more information contact jack.kostelnik@dot.gov or call FMCSA toll free 1-800-832-5660.

FMCSA Examining Additional Data Retrieval Via Nlets By David Goettee, FMCSA, Senior Program Manager, Office of Analysis, Research and Technology

In 1996, the Federal Highway Administration’s Office of Motor Carriers first began providing information to law enforcement personnel via an electronic information network known as Nlets. Operated by the International Justice and Public Safety Network, Nlets continues to be an important tool for obtaining commercial vehicle and driver safety information. FMCSA is currently implementing a research project to evaluate the feasibility of providing additional motor carrier data as well as commercial driver’s license information to law enforcement personnel via Nlets. It has been a longstanding challenge to make safety informa-

tion available to enforcement personnel whether at fixed facilities or on patrol who use Nlets but do not have access to Query Central. A user committee comprised of state members is currently providing inputs into the design approach. The project will also determine estimated costs that would be incurred to provide CDLIS data via Nlets. The launch of the test project is anticipated in summer 2010. A related study will examine the feasibility of non-Nlets users of Query Central to make inquiries via Nlets for information such as vehicle registration. For more information, contact david.goettee@dot.gov or call FMCSA toll free 1800-832-5660.

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Results of Brake Wear, Performance Field Operational Test Show Increase in Brake Efficiency By Chris Flanigan, FMCSA, General Engineer, Office of Analysis, Research and Technology

An 18-month long field operational test of commercial motor vehicle brake wear and performance was completed by the Oak Ridge National Laboratory in cooperation with the Tennessee Department of Safety in September 2009. Using a Performance Based Brake Tester (PBBT) machine with certified trained operators, four types of vehicles were studied during the test: Class-8 combination tanker trucks, Class-8 triaxle dump trucks, Class-8 combination dry-box vans, and Class-8 motorcoaches. These vehicles were fitted with new brake lining, rotors and drums and their other foundation brake components were inspected and repaired as needed to bring the vehicles to good serviceable condition. The test was designed to: • Quantify, using a PBBT, heavy vehi-

•

cle braking performance of multiple vehicles over time in a real-world environment; Detect a vehicle with a braking system failure or gross degradation (ruptured wheel seal, improperly functioning brake chamber, etc.); Monitor the operational issue, failures and acceptance level of user personnel of an in-ground PBBT over time; Measure the acceptance and operational ease of an in-ground PBBT by drivers over time; Measure the total wear of brake lining, drums and rotors at the end of their normal life as a function of mileage; and, Explore drum ovality at the end of component life and explore possible correlation to PBBT ovality measurements.

Overall, these vehicles logged more than 800,000 miles. The longest single vehicle miles traveled came from overthe-road tractor-trailers at 174,000 miles; the shortest vehicle miles traveled came from dump trucks at 34,000 miles. Test Results In 95 percent of all cases studied, an increase in brake efficiency was seen in the first part of the brake’s life cycle. The single-axle brake efficiency information collected showed that within 5,000 miles of the initial test, gains in brake efficiency were in the order of an average of 17.5 percent. In 96 percent of the study cases, a statistically significant brake degradation pattern could not be detected. The field operations test showed that well maintained brakes result in high

Sample Use of CMV Enforcement Resource Evaluation Worksheet

* Photos: (Top) New linings are installed on tanker tractor drive axle. (Bottom) Initial brake lining measurements are collected for dump trucks.

Estimates shown are based on a four-hour inspection period using estimated times for Level-I, II and III inspections provided by CVSA, OOS rates from the 2009 Safety Check where available, and experimentally determined values from this study where national data were not available.

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performance – even after a considerably large number of miles are logged. With the recent addition of the PBBT machine to CVSA’s North American Standard Out-of-Service Criteria, the question of how best to utilize the PBBT machine has been raised by the Tennessee Department of Safety. FMCSA commissioned the Oak Ridge National Laboratory to conduct a series of short-term tests to investigate how the PBBT machine can work within the current levels of North American Standard Inspections. Testing was conducted from June 2, 2009, to July 13, 2009. The PBBT was used and examined as a substitute for the brake stroke measurements of the traditional Level I inspection and as a standalone Level IV special inspection. Part of this study also explored how the use of an inspection pit instead of a mechanic’s creeper affects the overall performance of Level I inspections. During the course of these tests, 139 vehicles were inspected. Eighty Level-I inspections were performed resulting in 37 OOS orders for various defects. One result of this short-term test revealed that an inspection pit appears to make it possible to identify nearly twice as many defects – as the inspector’s access is not hindered by low aerodynamic fairings, suspension components or drop-deck trailers. The study found that the use of the PBBT as a substitute for the brake stroke measurement takes slightly longer than taking the physical brake stroke measurements (provided a pit was used for the physical measurements). The brake related OOS rate decreased with the use of the PBBT in place of the normal brake stroke measurement as the PBBT’s OOS criteria is based on total vehicle brake performance and not each individual brake stroke measurement. Thus, if a vehicle has two or more brakes above the adjustment limit, the vehicle brake performance may pass the PBBT OOSC – but may not pass the brake stroke measurement OOSC. The inspection timing and OOS information collected from this testing

Guardian

FMCSA Hosts 5th Annual MCSAP Leadership Conference By Tom Keane, FMCSA, Chief, State Programs Division FMCSA will host its 5th Annual Motor Carrier Safety Assistance Program (MCSAP) Leadership Conference on April 22, 2010, in San Antonio, TX. The purpose of the conference is to provide a forum for the exchange of information with the senior leaders of state MCSAP lead agencies on current commercial motor vehicle (CMV) safety and enforcement issues. New FMCSA policies and programmatic changes to help improve commercial vehicle safety through increased MCSAP delivery of national programs and the need to increase CMV-related traffic enforcement activities at the state level will also be discussed at the conference. MCSAP is a USDOT/FMCSA grant program that provides funding assistance to states toward reducing the number and severity of crashes and hazardous materials incidents involving large commercial trucks and buses. The overall goal is to reduce crashes, fatalities and injuries through consistent, uniform and effective CMV safety programs. FMCSA’s MCSAP partnerships exist with commercial vehicle agencies in all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the four U.S. territories, and many local government agencies.

c o n t r i b u t e d i n t h e p re p a r a t i o n of a CMV Enforcement Resource Evaluation Worksheet shown in the table on page 16. The worksheet can be used to help determine the best use of personnel and determine the value of the PBBT as an investment at other inspection stations. The user can tailor the inspection period, average time and potential OOS rates to their needs. The remaining fields will be updated automatically by the worksheet.

Highlights of the 2010 conference will include remarks by FMCSA Administrator Anne Ferro as well as presentations addressing regulatory updates, federal grants management and commercial vehicle safety initiatives. The 2010 MCSAP Leadership Awards, which recognize the extraordinary efforts of MCSAP state partners during the past year to improve the quality and productivity of their CMV enforcement programs, will also be announced. A particular focus of this year’s conference will be on the national implementation of the Comprehensive Safety Analysis (CSA) 2010 initiative. The morning plenary session will include an overview of the CSA 2010 operational model and plans for implementation. The afternoon breakout sessions will focus on CSA 2010 deployment from a state perspective. Further breakout sessions will cover such topics as guidance for standard operating procedures in responding to DataQs challenges, new State Safety Data Quality (SSDQ) measures, and maximizing the use of MCSAP grant funds. All MCSAP state lead agencies are encouraged to attend FMCSA’s Fifth Annual MCSAP Leadership Conference.

Combining the PBBT test with the Level II or Level III inspection appears to provide the best inspection methodology when using a pit, based on the results of this limited testing. Testing also found that optimizing CMV contacts and OOS rate for a given time period, while including a driver inspection component, will provide the optimum results. For more information, contact chris.flanigan@dot.gov or call FMCSA toll free 1-800-832-5660.

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National Training Offers On-Site Expertise to Facilitate Delivery of Training Programs By Joe DeLorenzo, FMCSA, Director, National Training Center

The National Training Center (NTC) continues its drive to deliver the best possible services. Our staffing strength has increased, our processes have been streamlined and our course offerings continued to be augmented. We are committed to employing the best educational technologies possible. NTC now has the on-site expertise to facilitate the delivery of training courses throughout the country. Our team includes: Instructional System Design (ISD) experts; a technical writer/editor; course specialists in the areas of Roadside, Investigations and Audits, and Hazardous Materials; a travel specialist; an information technology specialist, and; administrative support personnel. We regularly draw upon the knowledge, skills and experience available to us from FMCSA managers and program officers in headquarters and from our CVSA partners.

Our goal is to continually improve our business processes, products and services. We are regularly updating and improving course content. We offer many services on-line, including a number of multimedia training modules. On top of that, we are also in the process of securing a state-of-theart instructional facility located near our current location in Arlington, VA. Ultimately, we recognize that inspectors and investigators are the front line in removing unsafe vehicles, drivers and carriers from the road and helping to protect the lives of every traveler. We are proud to be your partner. Your feedback and ideas are very important to us. Feel free to share them with us anytime by visiting our website www.fmcsa.dot.gov/ntc and clicking on the “Contact Us” tab.

NTC News Briefs Advanced North American Standard (NAS) Level I The National Training Center has been working with CVSA to review the existing Advanced NAS Level I course. A professional Instructional Systems Design (ISD) evaluation of the course found it to be a refresher of the NAS Part A and Part B courses, rather than “Advanced.” After discussion with the CVSA Training Committee, it was decided that the course title and objectives would be modified to match the existing course materials. As of March 2010, states interested in submitting intake requests for Advanced NAS Level I will find it located in the course catalog as the “North American Standard Level I Inspection Review Course.” The listing includes updated course objectives. CVSA and NTC also agreed that optimal instructor pairings for the course utilize one Part A and one Part B instructor, respectively. Future announcements for instruction of the “NAS Level I Inspection Review Course” will be sent to Part A and Part B instructors accordingly. Streamlining the Future of Evaluations This Spring, NTC will be working with the state of Texas to test the feasibility of offering on-line course evaluations and rosters for Safety Program classes. The

goal of the test is to assess the technology – its ease of use and accuracy. If the tests go well, it may be offered nationwide by the end of 2010. We are also looking into the technologies’ capabilities to support long-term process changes such as e-testing and other functionalities. One of the outcomes of the test will be to establish IT minimum requirements for states who may wish to use the electronic process should it become available. Accreditation The Safety Training Program is seeking accreditation from the Commission on Accreditation for Law Enforcement Agencies (CALEA). The award of CALEA accreditation provides assurance that we are in compliance with a set of standards collectively established by our peers. Compliance with the standards ensures our training is developed, conducted and evaluated using a systematic process. The result is the development of training solutions closely linked to organizational needs and metrics tied to performance objectives. Among the benefits of the process is a transition from a traditional classroom experience toward, for example, solutions blending self-paced, online learn-

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“Commercial Skills Test Information Management System” Now Available By Quon Kwan, FMCSA, General Engineer, Office of Analysis, Research and Technology

The Commercial Skills Test Information Management System (CSTIMS) is now available. Formally launched in January 2010, CSTIMS is a web-based system that motor vehicle administrators may use to manage the skills test portion of their state’s commercial driver’s licensing (CDL) process. CSTIMS provides the ability to register third party testers as well as jurisdiction testers; record data for CDL skills test examiners; schedule CDL skills tests, and; record test results. Based on parameters set up by the individual jurisdiction, the system prevents prohibited actions. It sends alerts

when discrepancies or inconsistencies could indicate potential fraud. The system strengthens the oversight of the CDL licensing process by states and FMCSA. Efficiencies in managing CDL skills testing are increased; opportunities to submit errors or commit fraud are decreased. CSTIMS was prompted by a USDOT Office of Inspector General investigation into fraudulent CDLs. FMCSA initiated the CSTIMS project by partnering with the American A s s o c i a t i o n o f M o t o r Ve h i c l e Administrators (AAMVA). Field tested for more than three years, the web-based CSTIMS has been

continually refined and improved. Several of the pilot test states have already adopted CSTIMS where it is presently fully operational. CSTIMS’s functionality and features include: • Single user login • Streamline screen navigation • Allow jurisdictions to specify oversight criteria and alerts • Allows administrative management privileges • Repetitive test data entry can be removed • Fully incorporates the 2005 CDL test scoring model

For more information, including how to participate in CSTIMS, contact quon.kwan@dot.gov or call FMCSA toll free 1-800-832-5660.

ing and problem-solving exercises supervised by instructors in a lab setting. CALEA accreditation is an ongoing process of measuring our training against recognized standards of performance and quality. It is another example of the Safety Training Program’s drive for excellence. Update status: Compliance Review; New Entrant Safety Audit; Enforcement Procedures; Roadside Enforcement As part of the ongoing review and revision of the following courses – Compliance Review; New Entrant Safety Audit; Roadside Enforcement and Enforcement Procedures – NTC has completed the front-end analysis and has moved into the content analysis and design phase of the project. During the past few months, NTC has hosted meetings of federal and state subject matter experts to define and document all required training tasks for each of the impacted courses. In addition, we are planning to employ technology at the most appropriate level possible within those defined requirements. We are looking forward to providing these training modules later this year.

CSA 2010 Training – Who, What and When? As the operational model testing for CSA 2010 winds down and FMCSA begins gearing-up to implement the new program nationwide, training for federal and state investigators and managers will be a top priority. All federal and state investigators and managers responsible for carrying out the commercial motor vehicle investigation program will receive thorough training. NTC and the CSA training team are currently finalizing the rollout plan and resource materials for CSA 2010 Safety Investigator; Intervention Manager; and Instructor training. Training is anticipated to commence in autumn 2010. The CSA 2010 training module will comprise a mix of webinars, computer-based training, and instructor-led classroom training. There are several key milestones that coincide with the CSA 2010 training, including completion of IT modification, IT deployment and instructor development training. This systematic approach will ensure that federal and state personnel are well trained and sufficiently equipped to answer stakeholders’ questions and to effectively and efficiently conduct CSA 2010 interventions.

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FHWA Provides Technical Guidance to Support States’ Use of Virtual Weigh Stations to Augment Roadside Enforcement By Tom Kearney, FHWA, Manager, Freight Operations and Cathy Krupa, Principal, Cambridge Systematics, Inc. As the nation’s commercial motor vehicle (CMV) inspection resources continue to be stretched thin by increasing traffic volumes, staffing cuts, and expanding responsibilities, states are seeking new and improved ways to monitor and enforce truck size and weight regulations. These enforcement programs are integral to ensuring the service life of our roadways and are required for the receipt of federal funds for the National Highway System. Many states are electing to use virtual weigh stations (VWS) to address these concerns. These stations offer states the ability to monitor a CMV’s compliance with size, weight, and safety regulations at less capital and operational cost than fixed weigh stations. Of equal or greater value, VWS can be deployed on routes not currently covered by fixed inspections stations significantly expanding coverage to those routes that are used to bypass existing fixed facilities. Due to

their much smaller physical footprint, they can be deployed in heavily populated urban or geographically remote locations where it may be difficult to deploy enforcement personnel or build and maintain fixed facilities. Coverage in an urban environment enables state authorities to monitor short wheel base service vehicles (dump trucks, concrete mixers, garbage trucks, etc.) that do not routinely operate on roadways with fixed weigh stations and yet present significant weight concerns on roads and bridges. VWS sites produce a steady stream of valuable data that can support a state’s targeting of enforcement resources by identifying roadways where overweight trucks are known or are suspected to operate frequently, and they also provide invaluable information to planners on freight movement. In order to provide technical guidance to jurisdictions regarding their implemen-

KEY 1. Weather Station 2. DOT Number Camera 3. Security Camera 4. Low Resolution Camera 5. Container Camera 6. WIM Instrumentation Cabinet 7. WIM Scale 8. Variable Message Sign

1 2

4 5

7 6

Representative Virtual Weigh Station Deployment. Source: “An Intelligent CVO Freight Compliance System In a Port Application,” presented at 2008 Smart Roadside Workshop, Jacksonville, FL, April 30, 2008.

tation of the VWS concept, the Federal Highway Administration (FHWA), Office of Freight Management and Operations, sponsored the development of a concept of operations (ConOps) for VWS. The ConOps describes the goals, functions, key concepts, architecture, operational scenarios, operational policies, and impacts of VWS. The document is designed to serve as a tool that can be used by states to support their development of roadside enforcement strategies, and VWS funding requests. The ConOps also is designed to help states obtain buy-in for the VWS concept from public and private sector stakeholders. The ConOps was prepared for FHWA by Cambridge Systematics, Inc. in June 2009. As described in the ConOps, the VWS concept is very flexible. While there is a minimum threshold of functionality/technology that must be deployed in association with a VWS, States can customize their VWS deployments to meet their specific functional needs (e.g., focus exclusively on truck size and weight issues, expand focus to include safety and credentialing regulations), operational environment (e.g., typical weather conditions, physical space, terrain), and communication infrastructure (e.g., presence of communication infrastructure at site, presence of power at site). In a basic VWS operation, a moving CMV is weighed on weigh-in-motion (WIM) scales or sensors, while the vehicle is identified, most commonly today by digital image capture. Screening software integrates data from the WIM and camera system, which are accessed by a mobile enforcement officer positioned downstream from the VWS or enforcement personnel at a nearby fixed site who make

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a screening decision on whether or not to intercept the vehicle for weighing/inspection. Some states also are considering using data from their VWS deployments to target motor carriers for other types of interventions, such as compliance reviews, warning letters, or weight audits; so that their VWS deployments continue to support enforcement operations even when roadside enforcement personnel are not deployed at a VWS site. A VWS with expanded functionality includes all of the basic VWS functionality and augments it with additional roadside dimensional sensors, a more robust screening algorithm that may draw on data from other information systems, and an improved screening system that graphically presents the system’s recommended screening decision to enforcement users. Common enhancements include a license plate reader (LPR) and/or U.S. DOT number reader, which use specialized software to generate an electronic value of the vehicle’s license plate or U.S. DOT number, respectively; and a Commercial Vehicle Information Exchange Window (CVIEW) or an equivalent, which provides realtime access to the safety and credentials information associated with the commercial vehicle and motor carrier identified automatically by the LPR and U.S. DOT number reader, respectively. FHWA’s Freight Office is currently supporting research into available or emerging technologies that could serve as a “Universal Truck Identifier”; the criteria for evaluating such an identifier are electronic devices able to uniquely identify every commercial vehicle subject to verifications or measurements required under Title 23 or Title 49 of the U.S. Code. This research work is

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ongoing at this time. In addition to the enforcement technologies associated with a VWS, states also have elected to deploy other data gathering sensors (e.g., weather stations) at their VWS sites to support system operations. The photo on the left depicts a test VWS site in Jacksonville, FL that illustrates a typical combination of technologies associated with a VWS that has expanded functionality. This image also illustrates the small physical footprint typically occupied by a VWS. The figure below illustrates the Expanded VWS ConOps that is detailed in the recent FHWA report. While no formal evaluation of VWS has been completed to date, preliminary evaluation results from deployments of similar roadside applications indicate that a wide range of benefits likely will accrue to public and private sector stakeholders. These benefits include the

potential to subject all commercial vehicles to electronic screening, improved operational efficiency for enforcement personnel, more frequent verification of commercial vehicle regulatory compliance, improved mobility for compliant motor carriers, and greater geographic enforcement coverage from limited financial resources. In support of the ConOps, Cambridge Systematics and FHWA also recently developed a State of the Practice for Roadside Enforcement Technologies, as well as an Implementation Plan for Roadside Enforcement Technologies. All of these documents may be downloaded from the FHWA Office of Freight Management and Operations publications website: www.ops.fhwa.dot.gov/publications/publications.htm#ift. For more information on VWS or the use of technology to improve size and weight enforcement, contact Tom.Kearney@dot.gov.

Expanded VWS Concept of Operations. Source: Concept of Operations for Virtual Weigh Station, Cambridge Systematics for the Federal Highway Administration, June 2009.

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PHMSA Announces Enhancements to the HazMat Special Permits and Approvals Program

The Federal hazardous materials (HazMat) transportation safety program began more than 100 years ago when Congress charged the federal government with reducing the dangers associated with the transport of explosives and other HazMat. The U.S. Department of Transportation’s (DOT) program has evolved into a broad and comprehensive safety, security, training, and outreach program encompassing the transport of a wide variety of materials essential to our economy and way of life. From medicines, household cleaners, fuel, and batteries to radioactive, toxic, and explosive materials, more than 1.2 million daily shipments of HazMat—ounces to thousands of gallons—move daily via truck/tanker, rail, air, or vessel, throughout interstate and across international boundaries. The Hazardous Materials Regulations (HMR) ensure HazMat is transported safely and securely. On occasion, however, it may not be practical for government or industry to comply with specific requirements of the HMR, such as when military operations arise; natural disasters occur; if new and innovative technologies have not been addressed; or alternative methods are needed to safely and efficiently transport hazardous materials in commerce. The Pipeline and Hazardous Materials Safety Administration (PHMSA) Special Permits and Approvals Program was developed to address these unexpected situations to afford a means for preventing the unnecessary delay of shipments that may otherwise be detrimental to the safety and the vitality of our nation and its people. In these instances, applicants would apply for special permits or approvals. PHMSA has the primary responsibility for the issuance of DOT special permits and approvals to the HMR.

parency of the program. PHMSA’s goals include the: • Enhancement of safety oversight of the Special Permits and Approvals Program; • Improvement of operational efficiency within the PHMSA; and, • Improvement of coordination between PHMSA and its modal partners.

“We at PHMSA hold the public trust to protect human life and the environment from accidents and incidents that may occur during the commercial transport of energy and hazardous materials across this great nation.” — PHMSA Administrator Cynthia Quarterman materials regulations will have been one life too many. With this in mind, our evaluation of risk and the safety fitness of applicants will always be essential considerations when authorizing special permits and approvals.” Approvals are essential for authorizing transport of newly developed explosives for the Departments of Defense and Energy, as well as allowing for the oversight needed to ensure the safe manufacture and transport of fireworks, many of which are manufactured outside of the U.S., in places where safety oversight may not be equivalent to that afforded in the U.S. PHMSA has initiated procedures to streamline and improve the internal process to evaluate risk, ensure an equivalent level of safety to that afforded by the HMR, assure the safety fitness of applicants, and improve trans-

• Improvement of data collection and analysis An applicant must demonstrate that a special permit achieves a level of safety at least equal to that required by regulation or, if in the rare cases that the required safety level cannot be fully established, that the special permit is consistent with the public interest. At a minimum, the application must include information on shipping and incident history, and experience relating to the application; identification of increased risks to safety or property that may result if the special permit is granted, and a description of measures that will be taken to mitigate that risk; and analyses, data, or test results demonstrating that the level of safety expected under the special permit is equal to the level of safety achieved by the regulation from which the applicant seeks relief. PHMSA independently verifies and

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evaluates the information provided in the special permit application to determine that the special permit will achieve an equal level of safety as provided by the HMR or, if not, that the special permit is consistent with the public interest. This review includes a technical analysis of the alternative proposed in the application, an evaluation of the past compliance history of the applicant (including incident history, enforcement actions, and the like), and coordination with FMCSA, Federal Railroad Administration (FRA), Federal Aviation Administration (FAA), and/or the U.S. Coast Guard (USCG) to gather additional information relevant to the application and ensure the agencies’ concurrence with PHMSA’s conclusions. Before making a decision on a special permit PHMSA publishes a notice of the application in the Federal Register and asks for comments from the public as to whether it should be granted or denied. Comments are considered as part of the process and may provide useful data and information that would help to ensure that the proposed operations are conducted safely. PHMSA’s Associate

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Administrator for Hazardous Materials Safety may approve or deny an application, in whole or in part, based on a determination by PHMSA, its modal partners, and public comments received, and could impose additional provisions based on review of supporting documentation. A summary of the special permits and approvals granted are posted in the Federal Register and on the PHMSA website, www.phmsa.dot.gov. Review Applicant Fitness An applicant fitness review will determine whether an applicant is “fit to conduct the activity authorized by the special permit.” At the beginning of the application evaluation phase, PHMSA performs an Initial Fitness Evaluation/Review. This initial review involves accessing the HazMat Intelligence Portal and the Safety and Fitness Electronic Records System (SAFER) to review applicant safety records and determine whether the Advanced Fitness Evaluation/Review is needed. During the initial fitness review, PHMSA analyzes an applicant’s special permit request, safety history, and compli-

ance record. If an applicant is determined fit based on the criteria outlined in the Initial Fitness Evaluation/Review, PHMSA proceeds with the equivalent level-of-safety evaluation. If the applicant’s safety and compliance record indicates a potential safety fitness problem, an Advanced Fitness Evaluation/Review is initiated. However, because the Advanced Fitness Evaluation/Review may be lengthy, PHMSA may initiate the equivalent level-of-safety evaluation to determine whether the special permit application would be recommended for approval. If the application fails to demonstrate an equivalent level of safety during the evaluation, then the special permit can be denied prior to the completion of the Advanced Fitness Evaluation/Review. Compliance of Special Permits and Approvals DOT investigators from PHMSA, the FAA, FMCSA, FRA, and the USCG routinely conduct safety inspections to ensure that companies comply with the terms of special permits and approvals. Based on findings, modifications can

SIMILARITIES/DIFFERENCES Both Special Permits and Approvals: • are an extension to the Hazardous Materials Regulations • cover a broad set of circumstances • require a level of safety that is equal to or greater than the present regulations consistent with public interest, and • require cost and safety justifications, and supporting information, to assist PHMSA and its modal partners to ensure that the applicant is fit to perform the functions prescribed

Special Permits • can be shared with other approved entities, i.e., “party-to status,” providing the parties are determined to be equally fit • are terminated according to specified terms or 24 months from the date of issue, • may be extended through a process of reapplication, and • only apply domestically

Approvals • cannot be shared with other entities • have expiration dates depending on the approval issued, and • may be applicable domestically and internationally

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be made that will enhance transportation safety. Conversely, if performance of the new technology does not meet expectations, the grantee is found to be unfit to perform the specified functions safely, or if the holder fails to meet required conditions, a special permit or approval may be suspended or terminated. These processes allow new technologies to be safely implemented under controlled circumstances and in a manner that affords appropriate oversight prior to fully implementing them within the regulations, and provides greater benefit and flexibility compared to lengthy regulatory amendment processes. PHMSA also processes Emergency Special Permits and Approvals to aid and provide relief during special circumstances such as natural disasters or antiterrorism and military operations. Emergency processing only applies when necessary to prevent significant injury to persons or property not preventable under normal processing, for immediate national security, or to prevent significant economic disruption. These must meet specific criteria and their justifications must be well documented and describe impact if not granted. For example, PHMSA granted Emergency Special Permits to provide generators, much-needed fuels, and cleanup and removal of HazMat released in New Orleans, and surrounding states, following the devastating effects of Hurricane Katrina. Through PHMSAâ&#x20AC;&#x2122;s Information Technology Modernization efforts, CVSA and state enforcement partners will benefit through online search tools to quickly view special permits and approvals to verify expiration dates,

requirements, etc. The search tools are available on the following link: http://www.phmsa.dot.gov/hazmat/regs/ sp-a, then choose either special permits or approvals search. The HIP is another web-based resource under development and will be available to enforcement personnel to review information on companies involved in the HazMat industry. These efforts will be in addition to the SAFER capability that is a FMCSA web-based system that offers company safety data to government and industry professionals, as well as the public. Users can search FMCSA databases, register for a U.S. DOT number, pay fines online, order company safety profiles, challenge FMCSA data using the DataQs system, access the Hazardous Material Route registry, obtain national crash and out-ofservice rates for HazMat permit registrations, get printable registration forms, and find information about other FMCSA Information Systems. More detailed information about PHMSAâ&#x20AC;&#x2122;s Special Permits and Approvals Action Plans, Standard Operating Procedures, Safety Evaluation, and Frequently Asked Questions can be obtained online: www.phmsa.dot.gov/ hazmat/regs/sp-a . PHMSA would appreciate comments and feedback to help improve the program and to develop and enhance tools to support our compliance partners. If you have comments or questions involving special permits or approvals, please send them to: The Office of Hazardous Materials Special Permits and Approvals: specialpermits@dot.gov or approvals@dot.gov, Telephone: (202) 366-4511 or Fax: (202) 366-3308; Hazardous Materials Information Center (800) HMR-4922 or (800) 467-4922.

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Tire Pressure Monitoring, Maintenance Systems Research Provide Cost and Benefit to Carriers By Chris Flanigan, FMCSA, General Engineer, Office of Analysis, Research and Technology

Improperly inflated tires can produce significant safety hazards for all vehicles – especially so for large commercial trucks and buses. Poorly monitored air pressure in tires accelerates wear and leads to compromised braking, reduced handling and stability, and an increased likelihood of catastrophic tire failure in traffic conditions. Carriers are guaranteed to experience an increase in fuel costs and possibly an occasional expensive roadside repair bill for deflated tires. Despite these well-understood consequences, research has shown that many carriers do not practice or enforce adequate tire maintenance practices. This is because checking and maintaining proper inflation is time-consuming and inconvenient. As a result, potentially dangerous commercial vehicles travel on our roads every day. Since 2003, the U.S. DOT has supported various research projects focused on tire pressure monitoring and maintenance systems – or TPMS – for commercial vehicles. TPMS devices are used to alert a driver or maintenance personnel when a tire is improperly inflated. Some systems can even be connected to an air compressor in the vehicle and will inflate tires automatically when they fall below a certain pressure threshold. They provide a means for greatly simplifying the task of checking and maintaining tire pressure. Presently, there is significant product diversity in the marketplace in terms of design and durability. The performance, accuracy and overall adequacy of these systems have not been well-documented in a controlled and systematic fashion. This, in part, explains why roughly just five percent of the current commercial vehicle population uses some form of this technology.

Despite these well-understood consequences, research has shown that many carriers do not practice or enforce adequate tire maintenance practices. The U.S. DOT research to date has focused on the impact of tire maintenance practices to safety and upon operating costs of commercial vehicles and how TPMS can contribute improvements. The various systems have been evaluated both on a closed course test track and on transit buses in revenue service. The current phase in this research focuses on the design and conduct of a large scale field operational test involving two heavy truck fleets. The purpose of the field operational test is to determine whether TPMS: 1) will increase the life of tires; 2) will reduce fuel consumption; 3) will reduce road calls for damaged/flat tires; 4) accurately displays the tire pressure; and, 5) will not introduce unscheduled maintenance that will affect the day-to-day fleet operations. Three systems have been selected for the field test: • Inflation System – Meritor Tire Inflation System (MTIS) by Pressure Systems International maintains a preset tire pressure at each of the tire locations. Due to technological limitations, this system only maintains tire pressure on trailer tires. An indicator lamp is located in the cab or on the trailer that indicates when the system is activated.

• Valve-Mounted Monitoring System – The Integrated Vehicle Tire Monitoring System (IVTM) by Wabco Automotive is an externallymounted tire system. It is mounted on the valve and is capable of monitoring both the tractor and trailer tire pressures. There is a system display is in the cab. • Wheel-Mounted Monitoring System – The Tire-SafeGuard sensor by HCI Corporation is strapped onto the wheel rim and monitors both the tractor and trailer tires. There is a system display in the cab. The test will operate for a period of one year after the installation of the systems on each of the truck fleets. The first fleet is a dedicated transport for Sheetz and operates more than 20 tractor-tanker vehicles out of a terminal in Altoona, PA. The second fleet is Gordon Food Service, which operates 130 tractors and 263 refrigerated pup trailers out of a terminal in Grand Rapids, MI. Overall, 40 tractors and 70 trailers will be equipped with the tire pressure monitoring systems. The results of the field operational test, coupled with past research, will be publicly announced in late 2010. Through this research, carriers will have a clearer idea of their precise return-oninvestment that is potentially offered by each these systems. With this demonstrable cost-benefit, deployment of this technology should expand, which will further drive down costs while improving safety on the highways and roads for everyone. For more information, contact chris.flanigan@dot.gov or call FMCSA toll free 1-800-832-5660.

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Roadside Data: The Foundation of CSA 2010 By Capt. Mark Savage, Colorado State Patrol

As members of CVSA, we are all aware of the critical role of roadside data and its importance to member jurisdictions, FMCSA, industry and many other stakeholders. Data collected at the roadside not only serves as the foundation for traffic safety initiatives, it is also used to help determine the most effective allocation of commercial vehicle enforcement resources. As a testament to its value, FMCSA is making roadside data the foundation of Comprehensive Safety Analysis (CSA) 2010 and a part of the calculation of a carrier’s safety fitness rating in the planned Safety Fitness Determination rule. Knowing all that is at stake, and affirming that our current roadside data is fundamentally sound, valid and usable, there still exists room for improvement. To accomplish this, FMCSA, CVSA and member jurisdictions have worked collaboratively on improving data while increasing awareness of the need for better information. In the fall of 2008, CVSA data uniformity ad-hoc committee was formed. Its mission has been to develop strategies to improve data uniformity and consistency. The committee initially identified the following focuses:

• Identify shortcomings in the collection and documentation of roadside inspection and enforcement data; • Develop and promote solutions that improve the uniformity, reciprocity, accuracy and timeliness of roadside data; • Develop suggested standardized processes for handling challenges to roadside inspection and enforcement data; • Improve awareness and understanding of the need for consistent driver/vehicle inspections and inspection selection policies; and, • Examine possible metrics for measuring data quality. From these focuses, four core components of roadside data uniformity have been developed: 1. Consistent documentation of roadside inspection and violation data; 2. Standardized processes for challenging data; 3. Increased awareness of high level goals of the inspection program: a) Good inspections can support systematic enforcement programs; b) Screening vs. Inspection; and,

4. Uniform inspection selection processes. The following is an update on what has been accomplished to date. • Consistent documentation of roadside inspection and violation data. Through a FMCSA-funded highpriority grant, awarded in the spring of 2009, CVSA staff and subject matter experts from the various committees began work on guidance that promotes the consistent documentation of roadside inspection and violation data. This group met several times in the summer of 2009 and recently held its final meeting in January 2010. The effort was led by Collin Mooney, CVSA’s Director of Enforcement Programs. FMCSA received the violation pick list in early March. At this meeting, CVSA asked FMCSA to implement these pick lists into ASPEN for use by the roadside inspector. FMCSA was also asked to use them as operational guidance for hard coded violations to promote the consistent documentation of roadside violations across jurisdictional lines.

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At the same time, the committee has asked that FMCSA implement concurrent software design changes to support the violation pick lists. With the continued support of FMCSA, we look forward to next steps for this project. • Standardized processes for challenging data. This initiative will provide procedural guidance on the management of the roadside data challenge process through the DataQ’s management system. FMCSA and several state partner subject matter experts formed a group in the spring of 2009 to develop standardized procedures for the data challenge process. A subcommittee of this group is also reviewing carriers’ due process rights as they progress through the appeals process. The goal of this initiative is to enhance the data challenge process by providing consistency and transparency for our stakeholders. The group is currently reviewing a draft version of the recommended guidance and plan to release a final work product to all stakeholders in the near future. • Increased awareness of high level goals of the inspection program.

This component of the roadside data uniformity initiative will ensure that the processes that are used in the collection of the roadside data are validated and promote the integrity of the programs that rely upon the data. This educationally based initiative will be targeted to all stakeholders – from roadside inspectors to carriers and drivers. It will include specific training modules. Outreach materials will explain the importance of the roadside data and detail how it will be used. The overall goal is to broaden the understanding that every inspection counts and that there is a direct relation between the collection of the data and its end use. This outreach effort will be rolled-out in conjunction with the ramp-up to the launch of CSA 2010. • Uniform inspection selection processes. CVSA encourages member jurisdictions to review and formalize their current policies that govern when and how vehicles should be selected for an inspection. The goal is to raise awareness of the safety critical role that comes with implementing a valid and consis-

tent vehicle and driver inspection selection process. An issue request to revise CVSA Operational Policy No. Five will be submitted at the spring conference. Further information on this proposed revision will be available at the spring meeting of the Program Initiatives Committee. In the past year, CVSA members have shown great dedication to enhancing the collection of roadside enforcement data. Our work has taught us that current data collection processes are sound and our goals are realistic and obtainable. Moving forward, we will continue to look for ways to improve and refine these critical data enhancement efforts so that CVSA member jurisdictions, FMCSA and all other stakeholders have continued faith in the validity and consistency of the data we all use on a daily basis. Most importantly, of course, with ever continuing improvements in the consistency and quality of roadside data, poor performing carriers and drivers will be identified and be required to improve. This means fewer crashes, fewer injuries and more lives saved.

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CVSA Releases 2010 North American Standard Out-of-Service Criteria Publication Outlines Benefits to Carriers, Commercial Vehicle Safety Overall

CVSA released the 2010 North American Standard Out-of-Service Criteria (OOSC), providing law enforcement and the motor carrier industry with a valuable tool designed to improve commercial motor vehicle safety by promoting uniformity in compliance and enforcement throughout North America. CVSA has been maintaining, updating, and publishing the OOSC annually for more than twenty years which becomes effective throughout North America every April 1st. The OOSC is used by highlyqualified, specially-trained and certified state, provincial, territorial, and federal law enforcement personnel in identifying Critical Vehicle Inspection Item violations following a roadside inspection that can prohibit a motor carrier or operator from driving or operating a commercial motor vehicle for a specified period of time or until the defective condition is corrected. Approximately four-million commercial vehicle roadside inspections are conducted annually across North America by government enforcement agencies. Issued upon the completion of a Level I or V inspection, CVSA decals are only applied to commercial motor vehicles with no violations of the Critical Vehicle Inspection Items contained in the OOSC. The OOSC is a component of the North American Standard Inspection Program, and is developed through a collaborative process that includes government and industry experts and which is focused on the

issues most critical to maintaining the safe operations of commercial vehicles on our roadways. “It is in the best interests of every driver and motor carrier to be familiar with the North American Standard Outof-Service Criteria,” said Stephen A. Keppler, CVSA’s Interim Executive Director. “Knowing which commercial motor vehicle violations have been identified as being the most serious is helpful because it provides necessary focus in properly maintaining vehicles and it saves lives. It also helps prevent unnecessary delays and down time in transit as a result of having a driver or vehicle placed out-of-service.” Roadside inspection results are used in part to identify motor carriers that present a high degree of risk to the motoring public. As a result, the data

collected helps in determining which transportation companies will be selected for review under FMCSA’s new Comprehensive Safety Analysis (CSA 2010) initiative. “With full implementation of CSA 2010 activities on the horizon, such as the new Carrier Safety Measurement System, knowing the ‘Criteria’ in advance can assist a motor carrier ensure the accuracy of the roadside inspection data collected and contained within a motor carrier’s safety profile.” said Larry G. Woolum, Regulatory Affairs Director of the Ohio Trucking Association and Chair of CVSA’s Associate Advisory Committee. “The information collected during a roadside inspection provides the foundation for datadriven traffic safety initiatives. As a result, the importance of this issue cannot be understated, as it has strong implications to not only CSA 2010 but all of our traffic safety programs,” said Buzzy France, CVSA’s President. “Commercial motor vehicle safety continues to be a challenge and we need the involvement of all affected parties to help us better understand these issues and put into place practical solutions. As commercial vehicle inspectors, our continued diligence will help us reach our ultimate goal of saving lives.” For more information on the North American Standard Inspection Program, or on how to obtain the North American Standard Out-of-Service Criteria, visit www.cvsa.org. For more information on CSA 2010, visit http://csa2010.fmcsa.dot.gov/.

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CVSA Offers Training, Insights Into HazMat Transportation Issues at COHMED Conference Cooperative HazMat Enforcement Development Program Educates Enforcement Community CVSA’s Cooperative Hazardous Materials Enforcement Development (COHMED) Program held their annual conference January 24-28, 2010 at the Hyatt Regency River Walk in San Antonio, TX. COHMED is an outreach activity of CVSA which works to foster coordination, cooperation, and communication between federal, state and local agencies having regulatory and enforcement responsibility for the safe transportation of hazardous materials and the industry that they regulate. The five-day conference included training sessions on inspections of bulk packages: MC338 and cryogenics, the preemption determination process, a live presentation of the capabilities of the HazMat intelligence portal, an in-depth look at the U.S. Coast Guard’s Cargo Inspection Team, with a focus on how roadside inspectors can support its activities and many others.

In addition, regulatory updates were provided by the FMCSA Associate Administrator, Office of Enforcement and Compliance, William Quade; Pipeline and Hazardous Materials Safety Administration Acting Deputy Administrator Cynthia Douglass; Transportation Security Administration General Manager, TSNM/Highway and Motor Carrier Division, William “Bill” Arrington; Federal Aviation Administration Director, Office of Hazardous Materials Christopher J. Bonanti; and Transport Canada’s Donna McLean. The conference’s keynote speaker, Randy Speight, Managing Director, and CHEMTREC® discussed some of the emergency response challenges related to the import of hazardous materials with foreign shipment origins and what CHEMTREC® is doing to address those challenges.

Operation Safe Driver 2010 Ramps Up to Focus on Educating Teens & Trucks, Dangers of Distracted Driving Each year more than 40,000 people die on the roadways throughout North America – many of which are the direct result of unsafe and aggressive driving practices by both passenger and commercial vehicle drivers. Each year in October, law enforcement across North America respond by actively targeting these drivers during a campaign dubbed ‘Operation Safe Driver.’ This year, CVSA is gearing up for the 2010 campaign by meeting with current partners FMCSA, NHTSA, ATA, NDAA, GHSA, AASHTO and UMA as well as reaching out to potential partners to help us extend the reach of the campaign. Updates on the campaign will be presented during CVSA’s Workshop. Working with the Arizona Trucking Association, the Arizona Department of Public Safety, and ATA we have developed educational outreach materials for young drivers called the Teens & Trucks program. In addition, a new component is being developed under this year’s program to address distracted driving for CMV drivers. States and jurisdictions interested in materials can visit www.cvsa.org’s Operation Safe Driver page or contact CVSA at 202-775-1623.

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COVER STORY

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How Intelligent Transportation Systems and Inspections By Cpl. Rick Koontz, Pennsylvania State Police, CVSA Chair, Intelligent Transportation Systems (ITS) and Maj. Ron Cordova, New Mexico Department of Public Safety, CVSA Vice Chair, ITS Committee

ince Intelligent Transportation Systems (ITS) technologies were first introduced in the early 1990s, doors have been continuously opening to new methods in improving efficiency for commercial vehicle roadside inspectors and technologies will continue to evolve and change the way we do our job. As part of our mission, CVSA’s ITS Committee works to assess these technologies to ensure they are both sound and make economical sense. During our work sessions we stress consistency and uniformity in technology standards, identify and communicate needs and requirements for commercial vehicle safety related technologies, and enhance information technologies information distribution and access mechanisms. Roadside inspectors will soon see, and many jurisdictions are already working with, a growing number of truck electronics in combination with emerging wireless communication technology. Programs like PrePass, Norpass and Green Light are helping make information available to inspectors, such as a credential IRP or IFTA check, a carrier safety rating check and a few other things required by individual states, to virtual weigh stations allowing us to conduct more targeted inspections. Some states, like Florida and Kentucky, are leading the way and have systems in place that can send and receive certain information at low speeds through the use of radio frequency identification (RFID) technology. By using RFID with license plate readers, DOT readers, infrared scanners, they create a ‘virtual weigh station.’ This is not the future anymore… this is happening today. And as technology is changing so too will inspectors find what they do will evolve as well. They are going to have a lot more real-time information at their fingertips. Not only are we going to have more information about the truck, bus and driver that’s in front of us, but we will also be able to spot trends in trucking companies and fleets much easier. It will take some adjustment at first, and the learning curve will be steep, but eventually we believe it’s going to make the job of identifying high-risk carriers and drivers faster and easier. We all know that the number of commercial trucks and buses traveling roadways will continue to increase and outpace our ability especially given the fact that the number of enforcement officials is likely to stagnate or shrink due to budget shortfalls. Information is Now One Password Away: One-Stop Shops and Electronic Portals One of the things that has been a big help in the U.S., software wise, is having access to a web portal that provides a consistent

look and feel across multiple applications for back office users, enforcement, and motor carriers. This portal provides users with single sign on access which allows them to log in to the portal using a username and password and then be directed to specific credentialing applications without having to log in over and over. Prior to this, when accessing most other web applications the inspector needed to enter their user name and a password. Having to enter all these usernames and passwords can be time consuming and tedious – but this new system requires only a single sign on. This is really where FMCSA is headed in the future. Whether the roadside inspector is doing a new entrant audit or compliance review, it’s all going to be done in this mobile client and updated at once. With regard to the FMCSA portal, a roadside inspector is going to be able to go to one website then have access to all these ASPEN, Query Central. The challenge in the field is that roadside inspectors will need to have access to the internet — and you can’t get it everywhere. FMCSA is trying to help through programs such as PRISM which helps fund departments in getting wireless aircards. Integrating a number of technologies that convey informa-

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Technologies are Transforming Roadside

tion on a vehicle and driver to a roadside electronic device designed to monitor CMVs has the potential to revolutionize CMV safety and security operations across the continent and have added benefits to industry as well. Electronic/Universal ID and Electronic Screening For a growing number of enforcement operations throughout North America (both fixed and mobile), it is physically impossible to inspect every truck that approaches the enforcement site. Identifying commercial vehicles at the roadside is for the first time, feasible using automated systems, without the need for a human observer to read the identifiers. These automated systems offer the promise of high-speed, efficient screening of all commercial vehicles, resulting in enforcement resources being focused on the high-risk carriers and vehicles. The Commercial Vehicle Information Systems and Networks (CVISN) Program has helped provide the impetus and stimulus for many of these technology deployments. Many states are now deploying some sort of electronic screening technology, and many of these systems have been in place for more than An inspector viewing monitors as one truck comes through the IF and another by-passes (electronic bypass).

ten years. However, participation in these electronic screening programs has been voluntary, and only about 15 percent (or less) of all trucks in the U.S. are participating. Thus, the vast majority of commercial motor vehicles on our highways remain electronically unidentified. A number of ITS-related initiatives at the federal and state levels have been exploring various technologies for identifying commercial motor vehicles (and their employing motor carriers) at the roadside to help enable more efficient and effective enforcement operations. Dedicated Short Range Communications (DSRC) technology (i.e. transponders), license plate readers, U.S. DOT Number Readers, and other optical character recognition (OCR) and imaging technologies have been deployed in support of various applications to enhance the safe and efficient movement of freight. Much has been learned from these deployments. DSRC technology has proven to be effective and reliable. OCR technologies, while providing some value, are hampered by the inherent difficulty in trying to read identifiers that were not designed to be read electronically. Technologies exist today that would allow automated roadside identification of all commercial motor vehicles. These technologies are accurate, reliable, and inexpensive. If they were universally deployed, they would revolutionize the way roadside monitoring and enforcement are conducted. They would raise the effectiveness of enforcement programs while reducing their cost. They would improve roadway safety, protect the highway infrastructure, maintain road fund revenue, and create a more level playing field for the motor carrier industry. This is a true win-win scenario, and the time is right to see it achieved. It is time to augment the old, manual identifiers on trucks (e.g., metal license plates and numbers painted on doors) with new identifiers that are compatible with modern technologies. It is time for all commercial motor vehicles to be identifiable at the roadside using automated technologies. The ITS Committee is working on this issue with all parties at the table and providing input. The Vehicle Infrastructure Integration (VII) initiative, now known as IntelliDrive, is being led by the U.S. DOT is in the process of exploring a much more ambitious plan to deploy a nationwide network of technologies to â&#x20AC;&#x153;connectâ&#x20AC;? vehicles with the infrastructure on which they are operating. To date, the commercial vehicle component of VII (CVII) has not seen a significant amount of investment either in or outside government. However, there is a significant amount of work occur-

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Having CMVs identified out on the road at highway speeds provides opportunities to improve both efficiency and effectiveness for enforcement.

ring in pockets on a smaller scale across the country, as a number of CVII technology demonstration projects have been or are in the process of being deployed. The CVII initiative and like initiatives such as the Wireless Roadside Inspection and Smart Roadside Programs represent the long-term destination of roadside compliance and enforcement programs, where each commercial vehicle will be equipped with a suite of onboard technologies, and where the wireless “inspection” will become a reality. While we continue to pursue that long-term goal, it is possible to achieve substantial gains in the near term by providing a simple, low-cost, electronic identifier on each commercial motor vehicle. (See related article on page 34 by FMCSA’s Jonathan Mueller). Having CMVs identified out on the road at highway speeds provides opportunities to improve both efficiency and effectiveness for enforcement while at the same time allowing commerce to move more efficiently as well. FHWA has a research project under way that is looking at the feasibility of creating a universal electronic ID that covers all commercial vehicles. Having Universal ID and the ability to conduct electronic screening allows for many benefits. (See Maj. Ron Cordova’s story on page 39 about the statewide Smart Roadside Program that New Mexico is deploying.) There are many options to consider, including: a uniform, machine-readable license plate; a transponder (like NORPASS, PrePass, and E-ZPass); a more advanced transponder, integrated with an onboard computer; a transponder built into the license plate; a transponder built into a windshield decal; and many others. Virtual Weigh Stations (VWS) To make the enforcement process as efficient and fair as possible for all carriers, the U.S. DOT—through the Federal Highway Administration (FHWA) Office of Freight Management and Operations, FMCSA, and the Research and Innovative Technologies Administration (RITA), among other agencies—is supporting state highway and transportation officials by investigating concepts and technologies for further automating CMV enforcement functions. An example of this automation is the virtual weigh station, already being deployed in some jurisdictions, which enables CMVs to be

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observed and weighed at locations other than traditional, staffed, fixed-site weigh and inspection stations. FHWA is supporting the development of a Best Practice Data Inventory for Automated Enforcement Sites, which will document the current status of virtual weigh stations and similar technologies. Under a separate contract, FHWA also sponsored a Concept of Operations for Virtual Weigh Station. These sites employ a variety of sensor components to collect data, such as weigh-in-motion (WIM) installation, a camera system, and wireless communications. The benefit of virtual weigh stations is that the enforcement facility does not require continuous staffing and is monitored from another location. Depending on the needs of the jurisdiction, these sites can serve several purposes such as safety enforcement, data collection, security, and size and weight enforcement. Please see related story on page 20 by Tom Kearney and Cathy Krupa for status updates from FHWA. E-permitting and Electronic Permits As an example of this eventual e-Permitting and Virtual Weigh Station technology, a fully compliant carrier can obtain the required credentials or permits for a given shipment across multiple jurisdictions electronically, via the Internet in advance of a trip. Then, as the truck and cargo traverse the highways and enter a state/jurisdiction, the roadside state enforcement system identifies the truck and its home or base state. The system automatically queries the local state’s back office permit system for an electronic copy of its permits and credential in this local jurisdiction, as well as the vehicle’s home state.

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This query can automatically authenticate the permits obtained from the back office systems and verify that the carrier/vehicle is in compliance. Upon successful verification, the truck and driver are given a green light to proceed on the mainline at highway speed, without slowing or stopping the vehicle or requiring entry into a weigh station. In such a system credentials and permits for all trucks encountered can be verified, not just those specially selected by an officer. In this implementation, a WIM virtual size/weight inspection can be conducted in parallel, verifying compliance to the permitted or legal size and weight. Should an anomaly be identified in either the permits or the size/weight measure, the data are provided to an enforcement officer to examine and determine if interdiction or further examination is required. The process is repeated for each state or jurisdiction requiring permits, allowing the efficient travel of a compliant and permitted truck to its destination, without delay due to one or more unnecessary enforcement reviews and inspections. Enforcement officers are able to focus their efforts on the egregious violators, confident that fewer noncompliant carriers have slipped through the system. For more information about FHWA’s VWS see the related article in the Federal News section of this publication by Tom Kearney. Intelligent Imaging Law enforcement agencies benefit from using intelligent imaging solutions to improve the effectiveness and efficiency of existing commercial vehicle enforcement (CVE) operations.

Screening is done at highway speeds, a benefit to the carriers with good records to pass through

Some examples of this include: Thermal Imaging Inspection Systems, U.S. DOT Recognition, CMV Imaging Systems, CMV License Plate Recognition, Smart Roadside Inspection System, and Integrated Safety and Security Enforcement System. On the plus side, screening is done at highway speeds, a benefit to the carriers with good records to pass through. The drawback, however, depending on the nature of the implementation, could be cost. U.S. DOT’s ITS Strategic Research Plan 2010-2014 Online U.S. DOT has posted a Fact Sheet and Executive Summary of its forthcoming ITS Strategic Research Plan at http://www.its.dot.gov/ strat_plan/index.htm. The document outlines how U.S. DOT plans to allocate research funding over the next five years, and assumes that U.S. DOT’s ITS research program will receive the same level of funding as previous years - $100 million per year for five years. In 2010, up to $77 million will be dedicated to multimodal research and an additional $14 million to technology transfer and evaluation. IntelliDrive research comprises $49 million of the multimodal research funds. U.S. DOT expects to release the full ITS Strategic Research Plan in May 2010. Encouraging Investment in Safety Technologies CVSA actively supports Reps. Mike Thompson (D-CA) and Geoff Davis (R-KY) for reintroducing the Commercial Motor Vehicle Advanced Safety Technology Tax Act of 2009 (H.R. 2024) in this year’s congress. The Bill would amend the Internal Revenue Code of 1986 to provide a credit against income tax to help accelerate the adoption of advanced safety systems for commercial vehicles, school and transit buses. Those systems included in the Bill are: brake stroke monitoring systems; vehicle stability systems; lane departure warning systems; and, collision warning systems. The legislation will encompass both the original equipment (OE) and aftermarket installation of these safety systems. It also would: Create a tax credit for fleet owners valued at 50 percent of the retail cost of the system with a maximum of $1,500 per technology; Allow fleets to purchase multiple technologies, but limit the total amount of credit permissible to $3,500 per vehicle; and, Allow the overall tax credit for each truck owner or trucking company of up to $350,000 per year for all covered technology purchases.

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IntelliDrive: A Quantum Leap Forward for Truck and Bus Safety By Jonathan Mueller, FMCSA, Office of Analysis, Research and Technology

The U.S. DOT’s IntelliDrive program has an ultimate vision of “crashless” vehicles operating on an information rich transportation system. With its vehicle-to-vehicle (V2V) and vehicle-toinfrastructure (V2I) communication systems sharing key data, IntelliDrive offers significant promise toward reducing crashes. The high speed exchange of data will allow truck and bus drivers to be alerted quicker to potential hazards on the road. Other related safety applications include wireless monitoring of the safety status of drivers, vehicles and carriers while they are operating and a “real time” parking information system that allows truck drivers to reserve guaranteed parking spaces at the end of their work day. Four initial categories of IntelliDrive applications for commercial vehicles include: • Wireless inspection technologies that permit safer and more efficient operations at inspection stations, intermodal facilities and border crossings. It also allows for improved security and tracking of vehicles and drivers through “e-screening” and credentialing during transport of hazardous materials. • Safety technologies that reduce commercial vehicle crashes, and improve response to crashes that do occur. These

include driver condition monitoring, collision avoidance and Trucker Advisory Systems. • Travel information technologies that reduce travel times and make trip time estimates more reliable for dispatchers and drivers. Commercial vehicle specific routing and interactive maps are examples. • Fleet management technologies for motor carriers, shippers and receivers as well as real time diagnostic monitoring of trucks for fleet maintenance, operations and safety managers. FMCSA is partnering with the Federal Highway Administration’s Freight Office to evaluate how V2I technologies can speed mobility and reduce emissions. For example, truck drivers delivering shipping containers from one rail terminal across town could use “smart phones” in a safe, hands-free mode to get the latest load availability information from their dispatchers and receive real time dynamic traffic information to find the fastest route without delay, minimize waiting and idling time and reduce trips with empty loads. For more information, contact jonathan.mueller@dot.gov or call FMCSA toll free 1-800-832-5660.

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Guardian Inspector’s Corner By Alex Bugeya, Ontario Ministry of Transportation, Transportation Enforcement Officer, NAIC 2009 Grand Champion Alex Bugeya

As March turns to April, and inspectors all across my home province of Ontario start to get the taste of road salt out of their mouths, a couple things start to happen. One, we all seem to get overly optimistic about every day that manages to peek above freezing… and two, the selection process for this year’s NAIC representative from Ontario starts to kick into high gear. In Ontario, an annual event called the National Safety Code (NSC) Challenge is held to determine who will go and represent us at NAIC. This challenge is open to all inspectors from across the province and is conducted in two parts. The first phase, usually held in May, is a qualifier of sorts. It is a series of three written tests conducted in all regions of the province. These tests cover Hours of Service, Dangerous Goods/ HazMat and CVSA’s North American Standard Out-of-Service Criteria (OOSC). The regional challenges are used to drum up interest and support for both NAIC and the NSC Challenge by trying to make them enjoyable and fun. In years past, I remember many inspectors looking forward to attending the regional challenge, even if it was for nothing more than the free lunch (who doesn’t like a free lunch?) and the chance to catch up with others they hadn’t seen in a while. In addition, prizes are given out to the inspectors who win a category or receive top marks in their region. In past years we have had as many as 135 inspectors compete at that level. Using the results of these regional challenges, ten inspectors are selected to attend the second phase, a provincial competition held in July. Similar to NAIC being held in conjunction with the National Truck Driving Championships, the NSC Challenge is held in conjunction with the Ontario Truck Driving Championships. This year the provincial competition will be held in Milton, Ontario (about 50 km/30 miles west of Toronto). This promotes pos-

itive ties between inspectors and drivers as well as between government and industry. The event itself lasts about three days and is very similar to what takes place at NAIC, albeit on a much smaller scale. Inspectors are challenged with a CVSA Level I inspection, a CVSA Level V motorcoach inspection, Dangerous Goods/HazMat small means of containment (SMOC) and bulk/tanker inspections, a personal interview and written test. These events are scored and individual event champions, along with a provincial champion are named at a joint banquet with the truck driving championships. Last year, I was fortunate enough the win the provincial NSC Challenge and represent Ontario at NAIC. One of the privileges of winning in this province is that the following year (this year), I am given the task of putting together Ontario’s current NSC Challenge. Thus far, this is proving almost more difficult than actually participating in the event. Luckily, I am supported by a committee of previous provincial champions, some of whom have been part in this event for 15 years. My current project is to come up with the three regional tests, making them challenging, but not too difficult. It’s amazing how many times I’ve been able to put together a DG/HazMat scenario, only to have someone tell me I messed up the placarding. Or how easy it is to overlook and forget some of the violations that you yourself put in a logbook. One of the unique aspects of the NSC Challenge is that once an individual has won and attended NAIC, they step aside and allow others to represent the province. In doing this, they form part of the NSC Challenge organizing committee for future years. This provides many benefits to the provincial competition including the knowledge and perspective that everyone brings from their own NAIC experience. This mosaic of ideas helps keep the event fun and

fresh from year to year, with individuals coming up with new ways of throwing the competitors off their game. Last year, for example, it was decided to put a massive hole, complete with kitty litter representing a leak, in one of the DG/HazMat small means of containment. There are several amusing photographs of competitors (myself included) preoccupied with the labels on the front of the container while completely oblivious to the massive leak on the back. The overall goal of the NSC Challenge is to be an enjoyable and informative event. It is an opportunity for Ontario’s inspectors to meet and learn from one another and foster a sense of community within our agency. While still a competition, every year there is always a sense camaraderie and friendship displayed amongst the competitors. Individuals are often seen working together before their events to try and deduce what defects might be coming their way. From a learning standpoint, the event provides the chance to focus on areas such as OOS criteria or hours of service interpretations that have proven confusing. By learning the correct interpretations, it provides the competitors better tools to work with when returning their day to day jobs, tools which are shared with their fellow inspectors. Both the regional competition and the provincial competition allows for the province to compile information on issues that inspectors could use more training in as well. Ultimately, the NSC Challenge has proven to be a fantastic method for selecting Ontario’s representative to NAIC. It ensures that the representative is well prepared and has some idea of what to expect when they get to the Inspectors Championship. I know many jurisdictions have similar competitions to select their representatives and I know they are just as rewarding. For those jurisdictions that are considering a competition of their own, hopefully the benefits outlined in this article will assist you in making that decision.

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Driver-Traffic Enforcement Committee Evaluates Effective Traffic Enforcement Strategies to Reduce CMV Crashes, Addresses Current Driver-Related Safety Issues By Capt. Gerry Krolikowski, Nebraska State Patrol, CVSA Chair, Driver-Traffic Enforcement Committee

Throughout the past year, the DriverTraffic Enforcement Committee has been working on several issues that most CVSA members are now very familiar with — the U.S. DOT’s recent announcement that existing federal regulations may be enforced against most interstate truck and bus drivers who text while driving. FMCSA will also be launching a notice and comment rulemaking proceeding to request public comments on the subject. In anticipation of this, CVSA formed an ad-hoc committee in September 2009 which will present and discuss their draft of “CVSA Guiding Principles to Combat Distracted Driving” and talk about the scope of the rulemaking at the 2010 CVSA Workshop in San Antonio. The DriverTraffic Enforcement Committee is working with the Training Committee to develop a training bulletin on driver distraction and CVSA has put in for a high priority grant for this. Through our Operation Safe Driver campaign, CVSA has put in a high-priority grant to develop a training program for distracted driving. This is an issue that we will be sorting through for some time. Distracted Driving Rule At press time, Secretary of Transportation Ray La Hood just announced a new FMCSA rulemaking that would impose a federal ban on texting for many commercial motor vehicle (CMV) drivers. It would also require states to disqualify drivers holding a commercial motor vehicle license from operating a CMV once they have been convicted of violating anti-texting laws in any state or locality. To learn exactly what FMCSA is proposing and weigh in on it, please visit the Regulation Room (http://www.regu-

lationroom.org). This is an online public participation website where individuals and groups can learn about and discuss proposed new federal regulations, working together to provide effective feedback to agency decision-makers. It is hosted by CeRI – a research group based at Cornell Law School; it brings together faculty and students from law, conflict resolution, computing and information science, and the social sciences. Driver Fitness In addition to driver distractions, we continue to review/evaluate many areas related to driver medical/fitness requirements or concerns. Some related examples are sleep apnea (See related story on page 46); drug testing; entry level driver training; and language proficiency. EOBRs At press time, FMCSA issued a new rule that will require interstate commercial truck and bus companies with serious patterns of hours-of-service (HOS) violations to install electronic on-board recorders (EOBRs) in all their vehicles. Nearly 5,700 interstate carriers will use EOBRs after the final rule’s first year of implementation. “We are committed to cracking down on carriers and drivers who put people on our roads and highways at risk,” “said Secretary Ray LaHood. “This rule gives us another tool to enforce hours of service restrictions on drivers who attempt to get around the rules.” “Safety is our highest priority,” said FMCSA Administrator Anne S. Ferro. “In addition to requiring EOBRs for carriers that have already demonstrated a pattern of hours-of-service violations, we will initiate a rulemaking later this year

that considers an EOBR mandate for a broader population of commercial motor carriers.” Electronic on-board recorders are devices attached to commercial vehicles that automatically record the number of hours drivers spend operating the vehicle. Driving hours are regulated by federal HOS rules, which are designed to prevent commercial vehicle-related crashes and fatalities by prescribing on-duty and rest periods for drivers. Under the EOBR final rule, carriers found with 10 percent or more HOS violations during a compliance review will be required to install EOBRs in all their vehicles for a minimum of two years. The rule also provides new technical performance standards for EOBRs installed in commercial motor vehicles, including requirements for recording the date, time and location of a driver’s duty status. Additionally, carriers that voluntarily adopt EOBRs will receive relief from some of FMCSA’s requirements to retain HOS supporting documents, such as toll receipts used to check the accuracy of driver logbooks. The rule will go into effect on June 1, 2012, to ensure EOBR manufacturers have sufficient time to meet the rule’s

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Capt. Gerry Krolikowski

performance standards and to manufacture products to meet industry demand. The EOBRs for HOS Compliance rule is on display at the Office of the Federal Register’s website (www.gpoaccess.gov) and appeared in the Federal Register on April 2. For the roadside inspector, these changes will require that they get accustomed to reviewing an electronic readout versus what they are used to looking at, a paper log. Our goal ultimately is to establish a system that sets what the minimum has to be and let industry come up with the ideas on how best to meet it. As we move forward, the exciting part is the smart roadside element of it. EOBRs are one piece that when you combine with smart roadside technology has the potential to become a screening tool. For example, some inspection facilities or even virtual weigh stations that incorporate prescreening technology could possibly now screen drivers for compliance with hours of service, allowing those vehicles and drivers in compliance to keep going. Whether or not a smart roadside system is something industry will want years down the road has yet to be determined. But to get there, we need an EOBR system in place to help ensure that those in industry who are doing well in the realm of safety receive less scrutiny and those who are not receive more attention from law enforcement. Hours of Service FMCSA has been holding listening sessions after a rewrite of the rule was triggered by an agreement in October 2009 between FMCSA and safety advocacy groups. On October 26, 2009, Public Citizen, et al. (Petitioners) and FMCSA entered into a settlement agreement under which the parties agreed to seek to

hold petitioners’ petition for judicial review of the November 19, 2008 Final Rule on drivers’ HOS in abeyance pending the publication of an NPRM. The settlement agreement states that FMCSA will submit the draft NPRM to the Office of Management and Budget (OMB) within nine months, and publish a Final Rule within 21 months, of the date of the settlement agreement. The current rule will remain in effect during the rulemaking proceedings. The Committee continues to closely monitor the progression of this rule making and has worked with CVSA staff to assure the Alliance has shared its views regarding hours of service regulations during the listening sessions. CVSA Listening Session Testimony The following is testimony provided by CVSA’s Interim Executive Director Stephen A. Keppler during the FMCSA Listening Sessions on Hours of Service for CMV Drivers on January 19, 2010. To be effective for both enforcement and industry, HOS regulations need clarity, brevity, and to be simple and practical. Regarding the current rule, what has worked and what has not? The rules are fairly easy to understand and enforce roadside and we have not seen any significant issues roadside, other than: • The lack of rules related to supporting documents required for hours of service to be maintained on the vehicle. This has made it difficult in some cases for roadside enforcement to verify compliance and to identify falsification. • In a number of instances drivers are not providing complete/accurate or

producing the required records of duty status roadside. What should guiding principles be for the new rules? • Uniformity. This is important for several fundamental reasons: > It makes training and education efforts, as well as compliance and enforcement activities more simple and effective; > It provides a better means with which to measure impacts on safety and programs; > It provides a better means with which to share and implement best practices among the various enforcement jurisdictions; and > It facilitates reciprocity and fair treatment to industry across jurisdictional boundaries. • Be simple. Complexity affects uniformity in a number of ways: > It creates difficulty and variation in application and interpretation. > It creates challenges to harmonization with state, provincial, and local laws. > It creates frustration, which leads to misunderstanding. > It creates difficulty in the development of training and educational tools. > It creates an environment of subjectivity rather than objectivity. • Be enforceable roadside, and provide inspectors with the proper tools to do so. • Be science-based and data-driven on factors relating to driver fatigue, health, workload, safety performance and crash reduction. • Provide adequate time to allow for the smooth implementation for com-

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pliance and enforcement personnel as well as industry (i.e. regulatory changes at the state level, Out-ofService criteria development, training, software, etc.). Include passenger carrying vehicle drivers in the process so the end result is one set of rules for all CMV drivers. Ensure there is clarity and clear understanding with respect to the HOS regulations, regulatory guidance and FMCSA enforcement policies. Make sure there is no conflicting information that hampers enforcement. Ensure there are adequate provisions within the work week to permit the opportunity for drivers to achieve restorative sleep. Provide flexibility for drivers to use sleeper berths effectively, having the opportunity to take short-term naps as well as longer term sleep periods. Require supporting documents to be maintained on the vehicle with the record of duty status during the current inspection period.

Additional Comments • CVSA supports a mandate for Electronic On Board Recorders (EOBRs) for hours-of-service (HOS) compliance for all commercial vehicle drivers. We know FMCSA has a current rulemaking on this and another one is being planned; however, we strongly suggest that consideration be given to an across the board mandate. • FMCSA should facilitate the implementation of Fatigue Management

www.cvsa.org

Programs and Driver Health and Wellness Programs in the industry that have been proven to improve driver safety, health and performance. • FMCSA should further investigate sleep apnea regarding CMV drivers and, based on science, research and testing, make needed regulatory changes to minimize driver risk and improve driver alertness, health and performance. • We also need to evaluate Canada’s HOS rules and supporting research for potential areas of harmonization

regulations are first and foremost highway safety rules and are not meant to conform to industry operations. • Put in place a systematic process for periodically reviewing and evaluating the HOS rules for relevance and whether they are having the desired effects (i.e. crash reduction) Whatever decision is made with the rules, please keep them in place! Constantly changing the rules creates challenges with consistency and uniformity in compliance and enforcement.

FMCSA formed a committee that met in mid-March 2010 to work on trying to get [NLETS/CDLIS] more in line with each other so officers can get the safety data they need while contacting drivers roadside. (i.e. the U.S. restart provision is for 34 hours, while Canada’s is 36). Ongoing Needs • Ensure there is a robust process in place for evaluating the safety impacts related to existing and any potential future regulatory and statutory exemptions on HOS. There are several statutory exemptions for HOS that were enacted in SAFETEA-LU. We do not believe providing for safety exemptions through statute is good public policy, especially in light of the fact that some of these exemptions were not granted — in our view — based on science and safety. The hours of service

Last but not least we thank FMCSA for the opportunity to provide input and comments to this very important highway safety issue. CDLIS/NLETS FMCSA formed a committee that met in mid-March 2010 to work on trying to get these two systems more in line with each other so officers can get the safety data they need while contacting drivers roadside. The committee, several of its members and CVSA staff are actively involved in working on this issue with FMCSA. See FMCSA senior program manager Dave Goettee’s update on page 15.

N E W C V S A A S S O C I AT E A N D L O C A L E N F O R C E M E N T M E M B E R S Buesing Corporation EQT Corporation Fikes Truck Line LLC Findlay Township Police Department Fleetcare International LLC Freight Exchange of North America Jamesway Limited McElroy Truck Lines, Inc.

National Interstate Insurance Company Odegard Harvesting Old Brookville Police Department Port Authority Transit Police Roland J. Montbrand & Sons Trucking LLC San Antonio Police Department Sherwood Construction Co., Inc. Usher Transport, Inc.

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Smart Roadside Program Uses Advanced Technology Systems To Improve Efficiency, Effectiveness of Inspections throughout New Mexico

V IV

III II

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

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

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

REGION IV Alaska, Arizona, California, Guam, Hawaii, Idaho, Mexico, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

REGION V Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan, and Yukon.

A commercial truck passes through a New Mexico Port of Entry (POE) with only a wave to continue on its way. This flow through continues for thousands of trucks each day with only minimal impact on the nation’s flow of commerce. The scene is not dissimilar from that of other ports of entry in the state and around the country. POEs and weigh stations are the traditional focal point of commercial motor vehicle (CMV) interactions with those government agencies responsible for enforcing CMV regulations. There is, however, something very different happening behind the scenes at this and other select POE’s around New Mexico. It holds the opportunity to revolutionize the delivery of CMV safety and security operations in the state and around the nation by promoting a future model of CMV safety in North America. New Mexico’s Department of Public Safety (DPS) Motor Transportation Police Division (MTPD) has begun deploying a statewide Smart Roadside Program that uses advanced technology systems to improve the efficiency and effectiveness of its roadside operations. The program includes the installation of next generation camera systems on the ramps that lead up to inspection facilities. Each passing vehicle is identified by its license plate and U.S. DOT number. Other onsite sensor data from traditional roadside electronic devices like weigh-inmotion systems and over dimension devices are integrated and pooled together with the vehicle and carrier identification. Smart Roadside uses the identification data to access multiple remote databases and utilizes the information returned, in conjunction with other sensor data, to determine whether the identified vehicle warrants a follow-up inspection according to MTPD’s risk profiles. Smart Roadside’s connectivity to remote safety and security databases

includes information sources such as Federal DOT safety programs like SAFER and PRISM, the FBI’s National Crime Information Center, and New Mexico’s Taxation and Revenue Department. “Smart Roadside brings the power of multiple information systems to the roadside to enable the automated prescreening of vehicles in motion. This allows our officers to focus attention and resources on high-risk vehicles,” said MTPD’s Maj. Ron Cordova. This screening intelligence at the roadside is a radical departure from traditional screening methods that were either limited to the weight, dimensions and obvious physical defects or based on simple random inspections. With a current national equipment outof-service rate of around 22 percent, traditional methods offer limited success, saddle enforcement agencies with inefficient use of resources and reinforce an unlevel playing field in the transportation industry, where irresponsible carriers can skirt maintenance and safety costs with impunity. Smart Roadside ends the anonymity and guesswork at the roadside and offers front line officers access to timely and critical information before pulling a vehicle from the flow of traffic. “This technology represents a powerful new tool set for our agency, it enables a strategic shift away from the ineffective practices of the past and helps us promote safer highways in our state,” said. Cordova.

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Alberta Pilot Project Results Confirm Thermal Imaging Assists Transport Officers in Identifying CMV Mechanical Defects, Making Roadways Safer By Mr. Steve Callahan, Chief Transport Officer, Commercial Vehicle Enforcement Branch, Alberta Transportation, and Rob Sapinsky, Transport Officer Thermal Imaging Coordinator, Commercial Vehicle Enforcement Branch, Alberta Transportation In 2004 Alberta Transportation, Commercial Vehicle Enforcement Branch undertook a pilot project of conducting thermal imaging observations on commercial vehicles capable of 4,500 kilograms or more at various locations throughout Alberta. This pilot project was under taken fol lowing the McDermid Report (2004) Recommendations which stated “Take advantage of advances in technology provided the objectives are directly related to improving road safety.” Assigned transport officers were deployed with a demonstration unit in 2004/2005 (March 2004 to January 2005) and utilized the equipment provided by Intelligent Imaging Systems from Edmonton, AB. From the results of the pilot project Alberta Infrastructure & Transportation, Commercial Vehicle Enforcement Branch has purchased thermal imaging equipment in 2007 and it is currently being deployed by nine transport officers throughout the Province of Alberta. Thermography is the use of an infrared imaging and measurement camera to “see” and “measure” thermal energy emitted from an object. The higher the object’s temperature, the greater the IR radiation emitted. Infrared allows us to see what our eyes

cannot. Infrared thermography cameras produce images of invisible infrared or “heat” radiation and provide precise non-contact temperature measurement capabilities. Nearly everything gets hot before it fails, making infrared cameras extremely cost-effective, valuable diagnostic tools in commercial vehicle enforcement applications. Commercial Vehicle Enforcement’s Thermal Imaging Units are custom designed to perform inspections on commercial vehicles while providing the operator with a comfortable, climate controlled environment. These units are capable of performing brake inspections on moving commercial vehicles. The Thermal Imaging Units can be moved to multiple locations and have multiple uses. Weather does not affect the operational ability of the Thermal Imaging Units. The following list is a sample of the potential uses for these units: 1. Commercial Vehicle Inspection Malfunctioning brakes Overheated brakes Overheated bearings Under-inflated tires Retread separation Overloaded units False compartment identification

2. Dangerous Goods Inspection and Disaster Response Emergency response Fire source detection Cargo tank profiling (fluid levels & voids that contain fluid) Spill zone detection 3. Law Enforcement Inspection Search and Rescue Cargo Profiling C.V.E.B. Thermal Imaging Equipment C.V.E.B. mobile thermal imaging unit consists of: • Three Custom designed vans • Color & Thermal Camera (three mounting options) • Thermal Imaging System and Software • Inspection Documentation System • Workstation • Monitors • Power Supply and Management System • UHF Radio System (including portable radio) Thermal Imaging Unit Deployment Commercial Vehicle Enforcement Branch deploys the three Thermal Imaging Units at selected locations

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Alberta Implements PBBT Program, Finds Technological Advancements Enhance Brake Testing

throughout Alberta. The use of this technology allows for pre-screening of commercial vehicles and identifies serious safety defects ahead of an actual inspection therefore, selecting vehicles that may be a hazard on the highways. Commercial Vehicles are screened as they enter a site location. Thermal Imaging Operators then notify an interceptor of vehicles that appear to have problems. Once a vehicle is identified the interceptor will direct it to an area where team/s of officers are assigned to conduct the appropriate level of CVSA inspection (Level I, II or III). How are we doing? Our Thermal Imaging Units were placed into service on May 15, 2007. The results have confirmed that strategic deployment of Thermal Imaging to assist transport officers and police agencies in identifying commercial vehicles with mechanical defects is assisting to make our highways safer. Alberta’s Thermal Imaging Team currently consists of three equipped Thermal Imaging Units and trained operators which are from strategic locations throughout Alberta. Thermal Imaging operators are required to successfully complete an extensive training program which includes theory and practical evaluations.

Defective brakes are the leading cause of commercial vehicle fatality and injury collisions that have been attributed to mechanical failure. Although there is currently an on-road inspection program administered by Alberta Transportation – Commercial Vehicle Enforcement Branch, there are advancements in technology that makes brake testing more accurate, direct and less subjective then current practices allow. The current North American Standard Inspection (NASI) program is a visual inspection performed by CVSA certified inspectors. This inspection can identify obvious mechanical failures such as worn, broken, loose or missing components as well as brakes out of adjustment. These inspections have a reasonable impact in removing dangerous vehicles off the road but more can be done. In the spring of 2010 actual brake performance of commercial vehicles operating in Alberta will be determined by implementing four portable Performance Based Brake Testers (PBBT’s). A PBBT is a device that can assess vehicle braking capability through quantitative measures of an individual

wheel’s brake force or overall vehicle performance in a controlled test. Because defective brakes are a leading cause of vehicle factors that lead to collisions in Alberta, more is being done to reduce the frequency of this type of collision. CVSA NASI inspections will be complimented with the PBBT to increase the number of commercial vehicles that are identified as unsafe due to defective brakes. This will result in more of these vehicles being repaired, and/or removed from the highway before collisions occur. The PBBTs cannot replace an inspector in finding brake defects unrelated to immediate brake performance, such as air leaks, chafed brake hose, or thin brake linings. However, they can provide an objective and consistent measure of vehicle braking performance, irrespective of brake type, energy supply, or actuation method, and without having to crawl underneath the vehicle as with the current inspection method. PBBTs are widely used for brake inspection in Europe and Australia, and are beginning to emerge in the United States as both an enforcement tool and diagnostic aid for private sector maintenance and repair shops.

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North Carolina Motor Carrier Enforcement Integrates GIS Capabilities

Figure 1. Enforcement activities relative to truck crashes.

CMV enforcement personnel in North Carolina, working hand in hand with the Institute for Transportation Research and Education at NC State University, continue to take steps to integrate MCSAP and truck size and weight enforcement. For the past two years, size and weight enforcement personnel have sought to build upon the GIS crash mapping capability initiated by MCSAP over eight years ago. Working together MCSAP, size and weight personnel are now developing a capability to ‘map,’ and to display for analysis and planning purposes, all MCE enforcement activity. This capability is permitting operational MCE personnel to view discrepancies between areas of enforcement effort and areas requiring enforcement emphasis (e.g., areas of high crash density). (Figure 1) MCE continues to work with ITRE at NC State University to develop statistically appropriate methods for ‘hot spot’ identification (Figure 2) as well as tools such as the ‘Road Vulnerability Index’ (Figure 3) to integrate pavement and

Figure 2. Hot Spot Analysis for Troop B.

Figure 3. Draft Road Vulnerability Index for Troop B.

Figure 4. Sample MCE Scorecard results screen.

bridge condition data with traffic and crash data to target size and weight enforcement efforts. (Figures 2 and 3) Under their lead, all MCE vehicles have been equipped with GPS capabilities. Using GIS ‘layers’ developed for crash mapping applications by MCSAP, testing is underway to enable size and weight officers to have an in-vehicle, GPS based ‘map’ display that shows their real time vehicle location relative to the boundaries of the national truck network as well as all posted roads and bridges in

their areas of operation. MCE and ITRE researchers are also working with the state’s emergency management office to develop enforcementspecific content for its development of a ‘common operational picture’ concept for statewide application. As always, enforcement ‘effectiveness’ remains a high priority. To do this, ITRE has helped MCE personnel to develop a MCE ‘Scorecard’ (Figure 4) that graphically and numerically tracks all CVSP and Size and Weight performances goals and objectives, providing field supervisors an ability to continuously track the success of troop level strategies and their effectiveness in meeting unit and state level goals. (Figure 4) For more information, contact: Greg Ferrara, GISP, Program Manager, VAMS Group, Institute for Transportation Research and Education, North Carolina State University, Centennial Campus, Researc h, g p f err ar@ n c s u. ed u, o r phone (919)515-8656. Or visit our website at http://www.itre.ncsu.edu/ or http://vams.itre.ncsu.edu/

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Web-Based Intrastate Safety Audits Gives Colorado Officers More Time to Complete Traffic Safety Activities

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Midwest States Plan Enforcement Blitzes By Capt. Robert R. Powers, Michigan State Police

By Sgt. JD Williams, Colorado State Police, MCSAP Like most states, Colorado has conducted interstate safety audits since 2004. In addition to interstate safety audits, in 2004 Colorado began conducting safety audits on Colorado based intrastate carries. In the past six years the number of carriers requiring interstate safety audits has increase drastically. In 2009, to address this increase the Colorado State Patrol Motor Carrier Safety Section began developing a web-based safety audit process for intrastate carriers. By having intrastate carriers conduct their safety audit on-line, it gives our officers more time to complete other traffic safety activities. We are currently working with FMCSA, IT staff to import intrastate carrier information to a state database. These new carriers will then log into our web-site to complete a web-based safety audit. Once they complete the safety audit, they will be advised of any areas where they are deficient and how they can correct their deficiencies. We hope to have the program fully operational by the end of 2010.

Commercial vehicle enforcement officials from Indiana, Kentucky, Michigan and Ohio met in Indianapolis on March 18, 2010 to plan a series of special multi-state commercial vehicle enforcement operations for 2010. This will mark the 13th straight year these coordinated interstate enforcement operations have taken place. This year special enforcement will take place in conjunction with Roadcheck, Brake Safety Awareness Week, and on several other dates. Special focus will be different for each operation and will include HazMat, brakes, load securement, size and weight, alcohol, speed, unsafe food transport and illegal drugs. A special joint operation will also focus on 15 passenger vans once the new FMCSR covering these vehicles is in place. On July 2, Michigan and Indiana will participate in an I-94 coast-to-coast enforcement blitz targeting alcohol impaired drivers of both commercial and non-commercial vehicles.

REGIONAL RAP CVSA MEMBERS PARTICIPATE IN DOT SECRETARY LAHOODâ&#x20AC;&#x2122;S PRESS CONFERENCE ON DISTRACTED DRIVING CVSA members Capt. Bill Dofflemyer, Maryland State Police (far right) and M/Tpr. R. C. Powell, Virginia State Police (far left) join U.S. DOT Secretary Ray LaHood at the Motor Carriers Distracted Driving Press Event January 26, 2010 in Washington DC.

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INDUSTRY SPOTLIGHT

ATA: Promoting a Progressive Safety Agenda That Aims to Further Reduce Fatalities, Injuries on Nation’s Highways By Rob Abbott, Vice President for Safety Policy, American Trucking Associations (ATA) All trucking company owners and fleet managers want their drivers to return home safely from each delivery. Because of that, motor carriers from across the country have gone to great lengths to significantly improve safety on our nation’s highways while delivering the goods that we depend on daily. Since new hours-of-service regulations took effect in 2004, the truck-involved fatality rate has decreased more than 20 percent and is at its lowest rate since the U.S. Department of Transportation began keeping those records in 1975. Moreover, the truck-involved fatality rate in 2008 declined 12.3 percent from the previous year. This decrease marks the largest ever year-over-year drop and the fifth consecutive year in which the fatality rate has improved. While these are encouraging trends, ATA continues to promote a progressive safety agenda that will further reduce fatalities and injuries on our nation’s highways. In June 2009, ATA adopted an 18-point safety agenda that focuses on improving both commercial and noncommercial driver performance, choosing safer commercial vehicles and equipment, and improving federal oversight. While developing the 18 policies, ATA’s safety task force of 21 trucking industry representatives worked from the empirical knowledge that traffic crashes are overwhelmingly caused by human error, such as unsafe driving behaviors. Policies including advocating for a national 65-mph speed limit, increasing use of red light cameras and automated speed enforcement, and supporting graduated licensing in all states for non-commercial teen drivers are just a few of the recommendations that focus on general highway safety.

In addition to the policies that apply to all vehicle drivers, ATA continues to advance policies that further improve the operations and safety of motor carriers. ATA urges Congress to create a national clearinghouse for positive drug and alcohol test results of commercial drivers, create a national registry of certified medical examiners, and require safety training for new motor carriers entering the market. Implementing these recommendations will improve the quality of drivers and companies that operate on our highways. All drivers have a responsibility to keep safety as the number one priority. ATA believes that implementing this progressive agenda will further improve safety on our highways. Furthermore, we urge Congress to reauthorize a long-term highway bill that focuses on a national transportation strategy to reduce congestion. Passage is critical to setting highway safety policy for the coming years and reversing the impacts of congestion on highway safety and the economy. The following 10 adopted recommendations are aimed at improving truck and passenger vehicle driver performance: • Support a policy on the use of nonintegrated technologies while the vehicle is in motion; • Support for uniform commercial drivers license (CDL) testing standards; • Support for a Graduated CDL study; • Support for additional parking facilities for trucks; • Support for a national maximum 65mph speed limit;

Rob Abbott

• Strategies to increase the use of seat belts; • Support for a national car-truck driver behavior improvement program; • Support for increased use of red light cameras and automated speed enforcement; • Support for graduated licensing in all states for non-commercial teen drivers; and, • Support for more stringent laws to reduce drinking and driving. Three of the adopted Task Force recommendations that focus on making vehicles safer are: • Support for targeted electronic speed governing of certain non-commercial vehicles; • Support for electronic speed governing at 65 MPH of all large trucks made since 1992; and, • Support for new large truck crashworthiness standards. Five of the adopted recommendations that will provide tools for motor carriers to operate more safely include: • Support for a national employer notification system; • Support for the creation of a national clearinghouse for positive drug and alcohol test results of CDL holders; • Support for a national registry of certified medical examiners; • Support for carrier access to the national Driver Information Resource; and, • Support for required safety training by new entrant motor carriers.

THE COMPLETE ATA SAFETY TASK FORCE REPORT IS AVAILABLE AT HTTP://WWW.TRUCKLINE.COM/SAFETY

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National District Attorneys Association (National Traffic Law Center) Adds Commercial Motor Vehicle Senior Attorney Kristen Shea

The National District Attorneys Association (NDAA), a non-profit organization that serves prosecutors across the nation, has long recognized the issues particular to the prosecution of vehicular crimes. In 1992, NDAA, through a cooperative agreement with the U.S. Department of Transportation, National Highway Traffic Highway Safety Administration (NHTSA), created the National Traffic Law Center (NTLC) staffed with attorneys possessing special expertise in traffic-related cases. NTLC attorneys do not actually prosecute cases. Instead, they work to improve the quality of justice in traffic safety adjudications by increasing the awareness of highway safety issues through the compilation, creation and dissemination of legal and technical information. They also provide training and reference services to prosecutors, judges, law enforcement and other allied professionals in the criminal justice system. NDAA often forms cooperative partnerships with other organizations through joint campaigns or the receipt of grant funding. Grant funding may be used to assist prosecutors with technical questions, develop teaching curriculum, or to produce resource materials. NTLC has worked with several traffic safety partners, in addition to NHTSA, to achieve safer roads. NTLC participated in CVSA’s 2010 Operation Safe Driver Campaign at the campaign launch. Most recently, NTLC has developed a working relationship with FMSCA. In July of 2009, FMCSA awarded a grant to the NDAA to fund a full-time Senior Attorney. The purpose of this position was to create a resource for prosecutors, law enforcement, and judges deal-

ing with commercial vehicle violations and related criminal offenses. This grant was part of the FMSCA’s long-term strategy of improving CDL enforcement and identifying problem CDL drivers. Kristen Shea, is the new Senior Attorney working exclusively on issues of commercial motor vehicles and commercial drivers’ licenses. Ms. Shea served for almost ten years as a prosecutor, specializing in traffic related offenses. Most recently, Ms. Shea came to NDAA from the Tennessee Governor’s Highway Safety Office. This grant position is an acknowledgement that, although prosecuting attorneys may be very experienced in handling cases involving moving violations or crashes of personal vehicles, commercial vehicles are often outside the average prosecutor’s scope of knowledge. The same is often true for law enforcement officers and judges asked to deal with violations outside of their typical experience. This lack of training can potentially result in more difficult adjudications of commercial motor vehicle-involved cases. The best way to overcome a lack of expertise in this particular field is to offer a centralized location where support and resources are available. NDAA is now able to able to offer that service to prosecutors across the country. NDAA and FMCSA have taken the first step in creating that support system for those handling CMV cases. NTLC and Ms. Shea are tasked with producing a monograph (manual) of basic information relating to commercial motor vehicle law. From the monograph, a training curriculum will be developed and geared towards prosecutors and law enforcement officers seeking information or training regarding CMV cases. The ultimate goal of this endeavor is to insure that CDL violators will

receive fair and proper adjudication in accordance with state and federal regulations. Legislators across the country have succeeded in passing effective legislation aimed at removing dangerous drivers and carriers from operation. Law enforcement officers are working hard in every state to identify and cite dangerous driver. Without proper prosecution and adjudication of these offenses, however, all these efforts might be wasted. Providing the necessary information will guarantee that prosecutors, law enforcement officers, judges and other members of the criminal justice system understand the importance of properly and correctly reporting CDL-related convictions to licensing authorities. Adherence to federal regulations will keep states in compliance with federal funding authorities. When the laws are followed, they can and will function to safeguard our roadways. Everyone in the criminal justice system, the commercial trucking industry, and the community at large wants to keep unsafe drivers off our roads. In fact, the majority of commercial truck and bus drivers are very safe drivers. It is only a small percentage of CDL holders who repeatedly violate traffic safety laws and who end up causing most crashes. NDAA can now help support the consistent and fair adjudication of offenses with CDL implications and proper reporting of convictions allowing the system to identify and address the drivers who potentially pose a danger to the public or themselves. Kristen Shea may be reached via email kshea@ndaa.org or by telephone at 703-519-1644. That National District Attorneys Association is located at 44 Canal Center Plaza, Suite 110 in Alexandria, VA (22314).

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Sleep Apnea & Trucking Conference: Help for a Challenging Issue By Edward Grandi, Executive Director, American Sleep Apnea Association (ASAA) Edward Grandi

Truckers and sleep apnea. In the sleep field, the need for treatment of this group is a no-brainer. Truckers tend to be male, middle-aged and overweight, all three being markers for obstructive sleep apnea (OSA) in adults. Addressing OSA in trucking poses at least three challenges. First, the character of the driver himself can present difficulties. He tends to be independent, selfreliant and just a tad suspicious of “big brother” tactics. Second, many truckers, particularly those who work long-haul routes, are often on the road for days, which makes scheduling a sleep study at a clinic a nightmare. The third obstacle is that current regulations prevent truckers diagnosed with OSA from renewing their commercial driver’s licenses until they can demonstrate compliance with therapy. Further, drivers are now concerned about a proposed regulation to use a fixed Body Mass Index minimum to determine if mandatory screening is required. Given the perceived expense of diagnosis and treatment by truckers, it is no wonder that little progress has been made on this increasingly visible health and safety problem. FMCSA is in the process of revising the rules for how DOT certified medical examiners determine if a driver is at risk for OSA or not. The current regulation is still in place and a new rule has not been implemented to replace the old one. The proposed regulation exists now as a guideline for the certified medical examiners to use, but it is not yet the “law of the land.” Against this backdrop, the American Sleep Apnea Association (ASAA), the only national voluntary health organization dedicated to public education about sleep apnea and patient support, decided

to organize the first ever conference on sleep apnea and trucking. The purpose of the conference is to bring together all of the relevant stakeholders with an interest in this serious issue. This includes trucking company executives and the people within their organizations charged with driver health, safety and human resources, medical examiners, federal agency personnel, insurance companies and the sleep community. ASAA’s goal is to achieve a common level of understanding about OSA and to present new ways to address it in trucking. To be held May 12 at The Westin BWI near Baltimore, the meeting will have two components. The first will provide a foundation for common understanding of the current status and issues associated with sleep apnea management

and trucking. The FMCSA medical director, will provide an overview of current and proposed regulations governing sleep apnea and commercial drivers. Other morning presentations offer current data and needed research, the perspective of the certified medical examiner, and legal considerations from an attorney who specializes in defending trucking companies. And so everyone understands the basics of the disease, a leading authority in sleep medicine will present a “Sleep Apnea 101” session. The afternoon addresses the possibilities and challenges of sleep apnea management programs in operational settings, specifically, diagnosis, treatment and monitoring compliance. Starting with the health and safety perspective of a successfully treated and compliant driver, the afternoon session includes presentations of innovative sleep apnea management programs in trucking that are either cost-effective, convenient, and/or tailored to trucking’s unique needs. Building on these talks, executives from Schneider National and J.B. Hunt will discuss the internal decision-making and implementation processes involved in getting a sleep apnea management program off the ground and a representative from OOIDA will focus on the real-world challenges of putting a program in place for small, independent companies. While a one-day conference will not address all of the issues associated with sleep apnea and trucking, ASAA plans to continue building consensus among the stakeholders and foster progress toward safer highways for everyone. Visit the conference website at www.satc2010.org for more information.

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Guardian Governors Highway Safety Association Annual Meeting in Kansas City to Focus on Technology

Executive Director’s Message By Stephen A. Keppler, CVSA, Interim Executive Director

The Governors Highway Safety Association’s (GHSA) 2010 Annual Meeting will be held September 26-29 in Kansas City, MO. The conference theme is “Technology and Highway Safety: What’s Driving Our Future.” The meeting will focus on technology and specifically how highway safety practitioners can utilize technology’s benefits while overcoming its challenges to achieve dramatic reductions in fatalities.

New

Jersey

GHSA

Member Pam Fischer is chairing GHSA’s Annual Meeting and developing the agenda. According to Fischer, “We know that in order to get toward zero deaths, states have to make better use of technological advances such as alcohol interlocks and automated enforcement. At the same time, we need to be able to address the host of electronic distractions in the vehicle to achieve the type of dramatic highway safety progress all of us are working toward.” Additional information about the conference, including registration fees and deadlines are located at ghsa.org.

Stephen A. Keppler

Technology is all around us, both in our personal lives and in our workplace. It is clear from this issue of Guardian—which by the way is our largest issue ever—that CVSA members and associate members have bought into the fact that it is here to stay. It is clear that all of you are using technology in many different ways to enhance your programs and to help bring more value to your operation, whether it is enforcement or industry. President France and I recently attended IACP’s spring meeting strategic planning session, and the number one priority issue they identified over the next 10 years was technology. As exciting as technology is, it is just one tool. At the end of the day it is all of us that are making decisions on how to use it, as well as the information it makes available to us. Technology is an incredible enabler for positive change if it is used in the proper manner. I encourage all of you to continue to push the envelope on this issue, since it offers tremendous opportunity to make dramatic impacts

on saving lives. I ask that as we move forward in the coming years, we need to make a concerted effort to learn from all of these great technology initiatives and share the good, the bad and the ugly with each other. While we will make some mistakes along the way, if we communicate the lessons learned from our efforts we will all be better off in the long run. The last 20 years has seen a tremendous growth in technology, which, in many respects has been the key driver of change in all aspects of our lives. It has accelerated globalization, provided access to all kinds of information instantaneously and has changed the world forever. Change is inevitable, and we need to embrace it. President John F. Kennedy once said, “Change is the law of life. And those who look only to the past or present are certain to miss the future.” It is encouraging to see all the great things that are going on with our members and associate members with respect to how they are using technology to further their needs. It truly is having a real impact on furthering CVSA’s mission. I also want to thank our federal agency partners who are investing much time, energy and funding into various technology research, evaluation and deployment projects in support of needs expressed by enforcement and industry. I commend all of you who going the extra mile and taking the chance to effect positive change, you truly exemplify the a tenet of CVSA’s mission and one of our core values—leadership. Keep up the great work, and as one of CVSA’s past presidents Don Bridge often says, Godspeed!

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CVSA Executive Committee and Committee Chairs PRESIDENT

VICE PRESIDENT

SECRETARY/TREASURER

Francis (Buzzy) France Maryland State Police

Capt. Steve Dowling California Highway Patrol

Maj. David Palmer Texas Department of Public Safety

REGION PRESIDENTS

REGION VICE PRESIDENTS (Non-Voting)

PAST PRESIDENTS

Region I Sgt. David Medeiros Rhode Island State Police

Region I Lt. Thomas Kelly Maine State Police

Region II Capt. Bruce Bugg Georgia Department of Public Safety

Region II Capt. Craig Medcalf Oklahoma Highway Patrol

Darren E. Christle, Manitoba Infrastructure and Transportation Capt. John E. Harrison, Georgia Department of Public Safety Lt. Donald Bridge, Jr., Connecticut Department of Motor Vehicles

Region III Capt. Mark Savage Colorado State Patrol

Region III Alan Martin Public Utilities Commission of Ohio

Region IV Lt. Bruce Pollei Utah Highway Patrol

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

Region V Steve Callahan Alberta Transportation, Commercial Vehicle Enforcement

Region V Reg Wightman Manitoba Infrastructure and Transportation

LOCAL PRESIDENT

LOCAL VICE PRESIDENT

Tom Jacques Pittsburgh Police Department

Vacant

GOVERNMENT NON-VOTING MEMBERS

William (Bill) Quade, Federal Motor Carrier Safety Administration (FMCSA) William (Bill) Arrington, Transportation Security Administration (TSA) Peter Hurst, Canadian Council of Motor Transport Administrators (CCMTA), CRA Chair Francisco Quintero, Secretaria de Comunicaciones y Transportes (SCT) Adolfo Spinola, Secretarìa de Seguridad Publica, Policìa Federal Preventiva ASSOCIATE NON-VOTING MEMBER

Larry Woolum, Chair Associate Advisory Committee, Ohio Trucking Association

COMMITTEE CHAIRS

Associate Advisory Committee Larry Woolum Ohio Trucking Association Driver-Traffic Enforcement Committee Capt. Gerry Krolikowski Nebraska State Patrol Hazardous Materials Committee Capt. Bruce Bugg Georgia Department of Public Safety Information Systems Committee Capt. William ( Jake) Elovirta Vermont Department of Motor Vehicles

Intelligent Transportation Systems Committee Cpl. Rick Koontz Pennsylvania State Police North American Inspectors Championship Committee M/Tpr. R.C. Powell Virginia State Police Passenger Carrier Committee Timothy Davis Massachusetts Department of Public Utilities

Program Initiatives Committee Sgt. William (Don) Rhodes South Carolina State Transport Police Size and Weight Committee Capt. Gary Albus Texas Department of Public Safety Training Committee Sgt. Raymond Weiss New York State Police Vehicle Committee Kerri Wirachowsky Ontario Ministry of Transportation

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Level VI Classes Scheduled for 2010

Guardian

Experiment at WIPP May Unlock Secrets of the Universe

Under a cooperative agreement with the U.S. DOE, CVSA has scheduled the Level VI Classes for 2010 to certify inspectors to conduct Level VI inspections on all transuranic waste and Highway Route Controlled Quantities (HRCQ) of radioactive materials. CVSA provides Level VI training to inspectors who meet the prerequisite of being Level I and HazMat certified. The following are the remaining classes scheduled for 2010: ■ Springfield, IL–May 17–20 ■ Nashville, TN–July 12-15 ■ Albany, NY–August 9-12 ■ Sacramento, CA–

September 27-30 ■ Vaughn, NM–October 18-22 ■ Austin, TX–November 8-11 ■ Austin, TX–January 12-13, 2011

Level VI “Train the Trainer” Course Any state interested in hosting a class or needs inspectors trained is asked to contact Larry D. Stern, Director Level VI Program, at larrys@cvsa.org or 304-292-1601.

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

Scientists hope that the Enriched Xenon Observatory (EXO) at WIPP will explain things about the universe that Galileo Galilei may never have imagined. EXO is a particle physics experiment that aims to measure the mass of a subatomic particle called a neutrino. The observatory, located underground at WIPP, takes advantage of the low background radiation environment. The 2,150-foot repository, mined out of an ancient salt bed, shields the observatory from cosmic and naturally occurring background radiation. The final component of the EXO observatory, called the Time Projection Chamber (TPC), arrived at WIPP inside of a solid concrete transport container to protect it from naturally occurring radiation on its journey from California to New Mexico. Exposure to the sensitive TPC could compromise EXO results. So what exactly is the TPC? According to Jesse Wodin, a research associate from SLAC National Accelerator Laboratory, the TPC is one of the most sensitive radiation detection devices ever built. The chamber fabricated at Stanford University over the last two years is designed to detect an extremely rare radiation process known as neutrino-less double beta decay. Wodin explained that the TPC is filled with liquid xenon-136 and outfitted with wires and sensitive light detectors that can indicate whether the rare radioactive decay process is occurring. “Observing this rare decay teaches us about the elusive subatomic particle called a neutrino,” Wodin said. “This in turn will teach us about stars, galaxies, supernovae (exploding stars) and perhaps why the universe is made of matter instead of anti-matter.” June 2010 is the projected start date for the experiment to begin.

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Second Quarter 2010

www.cvsa.org

Secretary Chu Announces Blue Ribbon Commission on American’s Nuclear Future

A Blue Ribbon Commission, led by Lee Hamilton and Brent Scowcroft, will provide recommendations on managing used fuel and nuclear waste. As part of the Obama Administration’s commitment to restart American’s nuclear industry, U.S. Secretary of Energy Steven Chu announced the formation of a Blue Ribbon Commission on American’s Nuclear Future to provide recommendations for developing a safe, long-term solution to managing the nation’s used nuclear fuel and nuclear waste. The Commission is being cochaired by former Rep. Lee Hamilton and former National Security Advisor Brent Scowcroft. In light of the Administration’s decision not to proceed with the Yucca Mountain nuclear waste repository, President Obama has directed Secretary Chu to establish the Commission to conduct a comprehensive review of policies for managing the back end of the nuclear fuel cycle. The Commission will provide advice and make recommendations on issues including alternative for the storage, processing, and disposal of civilian and defense spent nuclear fuel and nuclear waste. “Nuclear energy provides clean, safe,

The Administration is committed to promoting nuclear power in the United States and developing a safe, long-term solution for the management of used nuclear fuel and nuclear waste. The work of the Blue Ribbon Commission will be invaluable to this process. reliable power and has an important role to play as we build a low-carbon future. The Administration is committed to promoting nuclear power in the United States and developing a safe, long-term solution for the management of used nuclear fuel and nuclear waste. The work of the Blue Ribbon Commission will be invaluable to this process. I want to thank Congressman Hamilton and General Scowcroft for leading the Commission and I look forward to receiving their recommendations,” said Secretary Chu. “As the world moves to tackle climate change and diversify our national energy portfolio, nuclear energy will play a vital

Level VI Inspection Data Online State by State You can now obtain the most up-to-date Level VI inspection data for the National and State programs online at the FMCSA’s Motor Carrier Analysis and Information Resources at their website — http://ai.fmcsa.dot.gov/ SafetyProgram/RoadsideInspections.aspx. You can obtain the total summary of the Level I, II, III, IV, V, and VI for Roadside Inspection. Click on WIPP Inspections and Violations to obtain the data on Level VI Inspections for the nation and by individual states.

role,” said Carol Browner, Assistant to the President for Energy and Climate Change. With the creation of the Blue Ribbon Commission, we are bringing together leading experts from around the country to ensure a safe and sustainable nuclear energy future.” “Finding an acceptable long-term solution to our used nuclear fuel and nuclear waste storage needs is vital to the economic, environmental and security interests of the United States,” said Rep. Hamilton. “This will be a thorough, comprehensive review based on the best available science. I’m looking forward to working with the many distinguished experts on this panel to achieve a consensus on the best path forward.” “As the United States responds to climate change and moves forward with a long overdue expansion of nuclear energy, we also need to work together to find a responsible, long-term strategy to deal with the leftover fuel and nuclear waste,” said General Scowcroft. “I’m pleased to be part of that effort along with Congressman Hamilton and such an impressive group of scientific and industry experts.” The Commission is made up of 15

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Guardian

Preparing for WIPP Shipments

members who have a range of expertise and experience in nuclear issues, including scientists, industry representatives, and respected former elected officials. The Commission’s co-chairs have a record of tackling tough chal-

lenges in a thoughtful, comprehensive manner and building consensus among an array of interests. The Commission will produce an interim report within 18 months and a final report within 24 months.

Members of the Blue Ribbon Commission Lee Hamilton, Co-Chair—Lee Hamilton represented Indiana’s 9th congressional district from January 1965-January 1999. During his time in Congress, Hamilton served as the ranking member of the House Committee on Foreign Affairs, and chaired the Permanent Select Committee on Intelligence. He is currently president and director of the Woodrow Wilson International Center for Scholars, and director of the Center on Congress at Indiana University. He is a member of the President’s Intelligence Advisory Board and the President’s Homeland Security Advisory Council. Previously, Hamilton served as Vice Chairman of the National Commission on Terrorist Attacks upon the United States (the 9/11 Commission). Brent Scowcroft, Co-Chair—Brent Scowcroft is President of the Scowcroft Group, an international business advisory firm. He has served as the National Security Advisor to both Presidents Gerald Ford and George H.W. Bush, from 1982 to 1989; he was Vice Chairman of Kissinger Associates, Inc., an international consulting firm. Scowcroft served in the military for 29 years, and concluded at the rank of Lieutenant General following service as the Deputy National Security Advisor. Out of uniform, he continued in a public policy capacity by serving on the President’s Advisory Committee on Arms Control, the Commission on Strategic Forces, and the President’s Special Review Board, also known as the Tower Commission. Mark Ayers, President, Building and Construction Trades Department, AFL-CIO. Vicky Bailey, Former Commissioner, Federal Energy Regulatory Commission; Former IN PUC Commissioner; Former Department of energy Assistant Secretary for Policy and International Affairs. Albert Carnesale, Chancellor Emeritus and Professor, UCLA. Pete V. Domenici, Senior Fellow, Bipartisan Policy Center; former U.S. Senator (R-NM) Susan Eisenhower, President, Eisenhower Group, Inc. Chuck Hagel, Former U.S. Senator (R-NE). Jonathan Lash, President, World Resources Institute. Allison Macfarlane, Associate Professor of Environmental Science and Policy, George Mason University. Richard A. Meserve, President, Carnegie Institution for Science, and former Chairman, U.S. Nuclear Regulatory Commission. Ernie Moniz, Professor of Physics and Cecil & Ida Green Distinguished Professor, Massachusetts Institute of Technology. Per Peterson, Professor and Chair, department of Nuclear Engineering, University of California-Berkeley. John Rowe, Chairman and Chief Executive Officer, Exelon Corporation. Phil Sharp, President, Resources for the Future.

Waste Isolation Pilot Plant (WIPP) shipments are expected to begin traveling out of the east coast and through the mid-west en route to the Idaho National Laboratory. Representatives from the U.S. DOECarlsbad Field Office recently met with state official in Ohio and Indiana to discuss these shipments. The meetings were scheduled by the Council of State Governments-Midwestern Office to discuss shipments from NRD, LLC in Grand Island, NY. Scheduled to begin in mid-2011, the shipments will travel to the Idaho National Laboratory for confirmation and then to WIPP for permanent disposal. The meetings focused on the safe transportation of defense-generated transuranic waste, as well as the overall WIPP facility and its mission. Topics discussed included the proposed route, and first responder training and vehicle inspections. Prior to the first shipment from NRD, WIPP will train first responders along the route on how to respond to an incident/ accident involving a WIPP shipment. To date, WIPP has safely transported over 8,200 shipments and traveled more than 9.8 million loaded miles.

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Second Quarter 2010

www.cvsa.org

CVSA Conducts Level VI Train the Trainer Course in Phoenix

Representatives from 24 states participated in CVSA’s Level VI Train the Trainer Course was held in Phoenix, AZ, February 24 and 25. The students were from the Massachusetts State Police, North Carolina Highway Patrol, New Mexico Motor Transportation Police, Maryland State Police, Washington State Patrol, Arizona Department of Public Safety, Nevada Highway Patrol, Colorado State Patrol, Kansas Highway Patrol, Minnesota DOT, Oregon

DOT,

South

Carolina

State

Level VI Public Outreach Effective in Educating Public on DOE Shipments as One of the Safest Modes of Transportation in the Country

CVSA’s Level VI Public Outreach Program combined with information provided on CVSA’s web site is proving to be an effective tool in educating the public about the U.S. Department of Energy radioactive shipments. Duane Sammons, the Level VI Public Outreach Coordinator, will be discussing the program’s effectiveness at the following meetings in 2010: • U.S. DOE’s National Transportation Stakeholders Forum Chicago, IL— May 25-27 • Contractors Transportation Management Association (CTMA) Meeting Portland, OR—June 21-24 • National Association of County Officials (NACO) Reno, NV—July 16-20 • Governors Highway Safety Association (GHSA) Kansas City, MO—September 26-30

Transport Police, Michigan State Police, Iowa Office Motor Vehicle Enforcement, Nebraska State Patrol, and Virginia State Police. The Level VI National Instructors in

Visit CVSA’s Level VI Website for the Latest Program Information and Online Blog…

attendance were: Carlisle Smith and Rob Rohr, Ohio PUC; Tom Fuller, New York State Police, Rion Stann, Pennsylvania State Police; Todd Armstrong, Illinois State Police, Tony Anderson, Idaho State Police,

for the most up-to-date information on the CVSA’s Level VI Inspection Program, the minutes of the RAM Subcommittee, Level VI training and public outreach schedules, and other information. Also, you can ask questions concerning the Level VI Inspection Program on the Level VI Online Forum (blog). Visit www.cvsa.org, click on the Level VI radiation symbol, and you are in the Level VI website.

Reggie Bunner, West Virginia PSC; and Pat Fiori, California Highway Patrol. Train the Trainer students were given the latest updates to the Level VI Training Course and were assigned a Level VI training module to teach before the group before they were critiqued by members of the National Level VI Instructors. Attending and participating in this course enables students to return to their jurisdictions and provide the Level VI refresher training to their Level VI certified officers so they will be able to maintain their Level VI certification.

WIPP SHIPMENTS RECEIVED as of March 1, 2010 Site Argonne National Laboratory GE Vallecitos Nuclear Center Idaho National Laboratory Los Alamos National Laboratory Lawrence Livermore National Laboratory Nevada Test Site Oak Ridge National Laboratory Rocky Flats Environmental Technology Site Hanford Site Savannah River Site Total to WIPP

Shipments 42 32 3,946 592 18 48 30 2,045 432 1,090 8,275

Loaded Miles 71,613 44,800 5,490,048 202,464 24,804 57,312 40,290 1,446,444 781,056 1,664,432 9,823,263

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2010 CVSA SPONSORS DIAMOND

American Trucking Associations (ATA)

FedEx Corporation

PrePass

BENEFACTOR

RSC Equipment Rental

U-Haul International

PLATINUM A & R Transport, Inc. DEKRA America, Inc. Great West Casualty Company J.J. Keller & Associates, Inc. May Trucking Company Mercer Transportation Company

Owner Operator Independent Drivers Association (OOIDA) R+L Carriers Shell Oil Products, US Specialized Carriers & Rigging Association Tyson Foods, Inc.

GOLD ABF Freight System, Inc. Arizona Trucking Association Austin Powder Company Continental Corporation Covenant Transport, Inc. Daecher Consulting Group, Inc. Groendyke Transport, Inc. HELP, Inc. Intermodal Association of North America International Road Dynamics, Inc. (IRD)

Landstar Ohio Trucking Association Schlumberger Technology Corporation STEMCO SYSCO Corporation TML Information Services, Inc. Transport Service Co. United Motorcoach Association Vehicle Inspection Systems, Inc.

SILVER Academy Express, LLC AMBEST, Inc. Bestway Express, Inc. Boyle Transportation Brown Line, LLC Cambridge Systematics, Inc. Compliance Safety Systems DATTCO, Inc.

DiSilva Companies G & D Trucking, Inc. / Hoffman Transportation, LLC Greyhound Lines, Inc. Greyhound Canada Transportation Corporation James Burg Trucking Company Lynden, Inc. Motor Transport Association of Connecticut, Inc.

New Jersey Motor Truck Association Registrar of Imported Vehicles RegScan, Inc. Rubber Manufacturers Association The Besl Transfer Co. Travel and Transport Universal Truckload Services, Inc. YRC Worldwide, Inc

BRONZE Dibble Trucking, Inc.

Mid-West Truckers Association

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CALENDAR OF EVENTS 2010 CVSA WORKSHOP April 19-21, 2010 San Antonio, TX

5TH ANNUAL FMCSA MCSAP LEADERSHIP CONFERENCE April 22, 2010 San Antonio, TX

NORTH AMERICAN CARGO SECUREMENT HARMONIZATION PUBLIC FORUM April 22, 2010 San Antonio, TX

ROADCHECK 2010 June 8-10, 2010

MONDAY NAIC 2010 August 2-8, 2010 Columbus, OH

SUMMER EXECUTIVE COMMITTEE MEETING August 3, 2010 Columbus, OH

BRAKE SAFETY WEEK 2010 September 12-18, 2010

2010 CALIFORNIA HIGHWAY PATROL COMMERCIAL VEHICLE SAFETY SUMMIT September 19, 2010 Anaheim, CA

2010 CVSA ANNUAL CONFERENCE September 20-23, 2010 Anaheim, CA

OPERATION SAFE DRIVER 2010 October 17-23, 2010

AUGUST 2 to

SUNDAY

AUGUST 8

2010 COLUMBUS

OHIO

SPONSORED BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION AND THE COMMERCIAL VEHICLE SAFETY ALLIANCE

VISIT WWW.CVSA.ORG FOR EVENT DETAILS