CVSA Guardian 4th Quarter 2010 by CVSA

Volume 17, Issue 3

Third Quarter 2010

Guardian

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

Fourth Quarter 2010

Table of Contents

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Insight President’s Message ......................................................................................................1 Letters to the Editor/OP-ED ............................................................................................2 Knowledge Matters ........................................................................................................3 The Legislative Rundown ................................................................................................4

Published by: Commercial Vehicle Safety Alliance 6303 Ivy Lane, Suite 310 Greenbelt, MD 20770-6319

Federal News Ask the Administrator ......................................................................................................6 NTC Is On the Move........................................................................................................8 NTC News Briefs ............................................................................................................9

Phone: (301) 830-6143 Fax: (301) 830-6144 www.cvsa.org

NTSB Investigates Oklahoma Multivehicle Crash ............................................................10 Roadside Alert: Impact of FTA Grantee Insurance Minimums upon Officers ......................11

CVSA News North American Inspectors Championship: More Than A Contest ....................................12

Dedicated to government and industry working together to promote commercial vehicle safety on North American highways.

International Safety Team Committed to Promoting CMV Safety across Continent ............14 CVSA Program Recognizes Drivers Who Were Saved by the Belt......................................17

HEADQUARTERS STAFF

The Executive Director Recruitment Process Explained ....................................................18 Student Christopher Schultz Named 2010 Academic Scholarship Recipient ......................19

Cover Story/Feature CVSA Transforming Safety Culture through Enforcement, Outreach..................................20 How a Discussion to Create a Common Stickering/Inspection System Evolved into What

Stephen A. Keppler Executive Director Collin B. Mooney, CAE Deputy Executive Director

Became a Continent-Wide Commitment to Commercial Vehicle Safety ......................21

Inspector’s Corner

..................................................................................................24

Larry D. Stern Director, Level VI Inspection Program

Committee News “Different” Doesn’t Equal “Wrong” Looking Beyond the Differences Before Issuing a HazMat Violation ............................................................................25 Passenger Vehicle Committee Approves Two-Person Inspection Procedure ......................26 Stepping Out of Your Comfort Zone: Learning the

Richard D. Henderson Director, Government Affairs Laura M. Zabriskie Director, Communications and Marketing

Fundamentals of Any HazMat Inspection ..................................................................27 How Knowing Ways to Keep Equipment on a Trailer Versus Knowing How to Meet FMCSA Requirements for Securing Heavy Vehicles............................................28

Iris R. Leonard Manager, Program Services

Screening Versus Inspection: Where to Draw the Line Using CSA 2010 as a Tool ..............28 How Being Actively Involved As an Associate Member Benefits the Industry ....................29 Operational Policy 14 – Enhancing Roadside Inspection, Enforcement Data Uniformity ......29

J. Craig Defibaugh Controller

Regional News CT Department of Motor Vehicles, Commercial Vehicle Safety Division Suspending Registrations of Motor Carriers issued Federal Out-of-Service Orders ........................30

For comments, suggestions or information, please email us at communications@cvsa.org.

Pittsburgh Police Tell CMV Drivers that Safe Operations Are Your Responsibility ..............31 Quebec Assesses the Conduct of Heavy Vehicle Drivers, Recognizes Excellence ..............32 Nunavut Officers Receive CVSA Certification In North American Standard Inspection Procedures................................................................................33 Working Together For Excellence ..................................................................................34 Fort Worth Police Department Joins CVSA......................................................................34

Regional Rap ............................................................................................................35 Industry Spotlight

About the cover: CVSA is aiming to transform the safety culture within the Commercial Motor Vehicle Industry.

Spreading the Word About Safe Trailering ......................................................................36 Cargo Tank Truck Rollover Prevention Video Result of Safety Partnership ........................37

Executive Director’s Message ............................................................................39 RAD Inspection News ............................................................................................41

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

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PRESIDENT’S MESSAGE

Charting the Course for the Future By Capt. Steve Dowling, CVSA President

As I reflect upon our Anaheim meeting, I am grateful for the heritage of leadership that was represented by the attendance of 10 past CVSA Presidents. It is upon that foundation that I will strive to build upon and further the mission of CVSA. It was inspiring to hear from Ed Kynaston, CVSA’s first Executive Director and second President, as he shared his story of how CVSA was created (see his article in CVSA News). He and Paul Henry, CVSA’s first President, were visionaries who saw the benefits of creating a uniform inspection procedure. Because of their leadership, CVSA was founded and has grown into a safety organization responsible for saving countless lives. As our past has shaped our mission and values, the decisions of today will lead to our future successes. There is no greater example of this than in the selection of our new Executive Director, Steve Keppler. The Executive Committee understands this year has brought many challenges but we are excited with where the journey has brought us. We believe the Alliance has never been stronger or more strategically positioned to advance our mission of safety than with the leadership of Steve Keppler and the staff assembled around him. Now with Steve Keppler in place, it is time to plan for our future, and that work has already begun. The first step in this process occurred when the Executive Committee approved an updated Strategic Plan. This plan solidified the mission and values of our organization and acts as the litmus test for all other endeavors. Next, the Budget Committee, under the leadership of Vice President David Palmer, is developing CVSA’s Five-Year Financial plan. This plan will ensure the fiscal direction of the Alliance

CVSA Past Presidents

remains consistent with the focus of our Strategic Plan. Another area of focus for the future is training. Training is the catalyst to spreading knowledge and maintaining inspection uniformity. CVSA must become a leader in the training arena and stay committed to working with our partners to ensure the training needs of our members are achieved. The future also will require us to nurture our existing partnerships and develop new ones. We must be active advocates for commercial vehicle safety on many fronts that include vehicle, driver, and HazMat issues, in addition to the grassroots efforts of CVSA member jurisdictions with our outreach programs. The role of CVSA is evolving in response to government legislative, regulatory and policy issues that will require new kinds of partnerships as CVSA is being asked more often for our views on legislative actions. CVSA is taking on new responsibilities and developing additional programs, and adapting existing ones as needed. As a result, all programs will be delivered through clear and regular communication which is vital to ensuring that CVSA’s role is understood and supported by our stakeholders. We will continue to augment our many outreach programs including Roadcheck, Operation Air Brake, NAIC, COHMED, Operation Safe Driver, Saved by the Belt, and our newest — the International Safety Team. These programs serve to underscore the importance of CVSA’s mission and we need to continue to highlight and improve

them as well as continually evaluate the effectiveness of each to make sure they are still relevant and a useful vehicle for achieving our mission. In addition, the role of the safety inspector has grown, changed and expanded dramatically over the past two decades. With these expanded roles come expanded responsibilities. So we will need to evaluate needs and clarify our role moving forward. It’s important to remember that sometimes we get caught up in events and programs or thinking that the organization is about individuals — but it is truly about achieving safety. Just as important as any of these functional activities, is the need to ensure there is free flowing communication within the organization. Communications plays in every aspect of what we are doing since it is the main vehicle for delivering our message to those who can act on it. It is also the mechanism to ensure we understand the issues facing our membership. Communication is everyone’s responsibility and I challenge each of you to be a part of the conversations and then to bring back what you learn (as we ask each of our NAIC contestants) to your jurisdiction or business. So as we move forward into the future, please remember our founding principles: inspection uniformity, actions focused on accident causation, reciprocity, and education. Then let’s use the technology, networking and creative resources of the people of this Alliance to improve highway safety and save lives.

Fourth Quarter 2010

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LETTERS TO THE EDITOR

Better Brake Safety through Industry Standard Processes

One of my favorite lines from Yogi Berra is “This is like déjà vu all over again.” I was reminded of this when Ed Kynaston, a past president and one of the founding members of CVSA, gave his remarks at CVSA’s Annual Conference in Anaheim about the issues with brakes that they faced in the 1980s. At that time I had started LITE-CHECK, and worked with officials of the California Highway Patrol on the then new BIT program to address their needs for precision inspection solutions. As it was in the 1980’s, brakes are a key safety and inspection topic in 2010. One major difference between then and now is that “home grown” testers will not support modern-day trailers with their complex electronics and requirements for advanced testing tools and methods. How important is it to have properly maintained vehicles before they “leave the yard”? Here is what some experts are saying: • The Volpe Center’s SMS methodology report for FMCSA on BASIC violations stated brake issues remain the most frequently cited violation; • These same violation reports indicate these violations carry a high Violation Weight (4); • Statistics provided by CVSA state that almost 50% of Roadside check violations are brakes; • CVSA statistics reveal that “60% of out-of-bervice brake defects could have been discovered with a good pre-trip inspection”; and, • LITE-CHECK’s own research backs

up these studies and, have shown that over 50% of vehicles tested, would not pass in-depth inspections. Good news economically is that road traffic is up. Railroad traffic is up 8.1% higher than a year ago, Intermodal traffic has increased 16.9% from a year earlier, and The Bureau of Transportation Statistics reports a second quarter traffic increase. Unfortunately, statically speaking, this also means there will be higher maintenancerelated violations on the road; and a large number of those violations relate to brakes. How important is a Standard Process? According to CVSA, brake problems account for 29.4% of large truck crashes, and 56.6% of vehicle out of service violations. Improperly maintained vehicles will be faced with increasing roadside inspection and maintenance-related violations. This is a cost to the driver and fleet owner, and decreased roadside safety that could have lowered if a uniformed and consistent inspection occurred for vehicles before they leave the yard. Over the last 25 years I have seen many different approaches for vehicle

testing. What I have found is that those that follow the TMC/ATA Recommended Practices, and enforce an informed process, deliver the best outcome. The TMC/ATA process addresses methods for testing and inspection of brakes, ABS, and electrical systems. To ensure properly maintained vehicles, a standard process, tools, and training are required. All standard processes should include: • Full-electrical circuit diagnosis with amperage measurements performed on each individual circuit; • Full air management with regulated providing a pressure differential of at least 10 psi between the service and emergency air supplies; • Remote control of brake application for at axle operation and observation; • Precision air leak testing for Emergency and Service air systems to diagnose both internal and external air leaks; and, • ABS diagnosis with fault-read and fault-clear capabilities For effective fleet management, maintenance and repair operations should be closely aligned with the safety and compliance, and training operations. All three of these functional areas need to work together to develop processes and procedures that ensure vehicles are road ready before they leave the yard. At a minimum, this requires a well-defined inspection process, modern diagnostic tools, training, and ongoing evaluation. Bob Blair, CEO of LITE-CHECK

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

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KNOWLEDGE MATTERS

Working Together to Keep Roadways Safe

On Oct. 04, 2010, I was traveling west on I-94 west of Milwaukee, WI in my semi unit when an east bound Wisconsin Highway Patrol passed by going east. I saw the cruiser put on the left turn signal and get in the left lane. The thinking side of my brain kicks in about this time, as I frequent Wisconsin and remember they were placing an emphasis on inspecting HazMatladen commercial vehicles. A short time later my profound observation of the left turning cruiser was realized in the rear view mirror. ‘Whlaa,’ my new best friend turns on the disco light and I take the shoulder. As the officer approached my right side I opened the door for him. We exchanged greetings. He informed me of what his intent was and advised me that we would proceed to a safe location to carry out the inspection. This was not far from the point of our initial encounter and a much safer place than the shoulder of the interstate. Inspector Quoin was always courteous and did the inspection in about 45 minutes. He also ensured I got back to I-94. I’ve been through three inspections in as many years. All the inspectors/ patrol personnel have been the same caliber as Inspector Quoin. As we continue to work together to keep America safe I say thanks for your support of CVSA and American truckers. Bill Williams

The Sleeper Berth Quandary By Darren Christle, Manitoba Infrastructure & Transportation, Executive Director, Motor Carrier Division, CVSA President 2008-2009

The Hours of Service (HOS) Regulations in North America have been a difficult process for many years. The development process has been subject to spirited debate, scientific development, various interpretations, legal challenges and various assessment questions. The current U.S. rule (as of October 1, 2010) and the current Canadian rule are substantially similar albeit with a few differences. An issue that has caused enforcement challenges in Canada dealt with sleeper berths. The issue was, if a sleeper berth could be considered a “dwelling” and thereby requires a search warrant before being searched by a peace officer? This issue was recently resolved in the Canadian Supreme Court decision Regina (Queen) v. Nolet [2010] S.C.J. No. 24. In this case, the accused were traveling along the Trans-Canada Highway in the Province of Saskatchewan in a commercial tractor-trailer which was licensed in the Province of Quebec. The unit was subject to a traffic stop by the Royal Canadian Mounted Police (RCMP) in order to assess compliance to the Highway Traffic Act, IRP and Fuel Tax requirements. After receiving permission, the constable searched the

“empty” trailer and then elected to search the interior of the power unit. The constable found $115,000 in cash in the sleeper berth. A further more comprehensive search resulted in the detection of a hidden compartment in the sleeper berth and the discovery of 392 pounds of cannabis valued at approximately $1,500,000 in addition to documentation revealing Highway Traffic Act (HOS) offenses. The initial trial resulted in an acquittal due to a warrantless search. On appeal, the Court overturned the acquittal because the search of the commercial drivers documentation was authorized by law, thus there is no reasonable expectation of privacy in a commercial vehicle. Much of the Courts deliberation dealt with the expectation of the driver privacy of the sleeping area of the cab since it “suffices as a temporary mobile home.” The Court held that “…the level of expectation (of privacy) is low because the cab is therefore vulnerable to frequent random checks in relation to highway transport matters.” Although the U.S. is not subject to a Canadian Supreme Court decision, it demonstrates a situation where international boundaries are just a line on a map. The possibility of similar situations and expectations exist irrespective of the jurisdiction in which they occur. Additionally, the similarity in legal requirements, both civil and criminal, provide a basis for further consideration on legal questions, policies, procedures, industry & enforcement concerns and counter-measures. It is logical to anticipate that as the U.S. and Canada both move forward with EOBR’s the issues of access to data and how it may be used will provide additional opportunities for jurisdictions to learn from our collective experience.

Fourth Quarter 2010

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

Richard Henderson

Congress Continues 2010 Funding for DOT and Other Federal Agencies through December3rd with Continuing Resolution (CR) On September 30, the last day of the 2010 Federal Fiscal Year, the U.S. Congress sent the President legislation (which has been signed) funding the federal government at 2010 authorized levels on a temporary basis until December 3rd. Congress has recessed until after the mid-term elections and will reconvene on November 15 for a lame duck session that could run well into December. In this session, Congress will wrap up all 12 federal agency funding bills, including the DOT, into one “omnibus” appropriations bill rather than consider each one separately. Since a reauthorization bill has not yet been enacted, the CR funds MCSAP and other state safety grant programs at the maximum SAFETEA-LU authorized levels as has been the case for the 2010 FY. However, it is expected that FMCSA will receive an extra $20 million over SAFETEA-LU limits to assist in the implementation of CSA 2010 since both the House and Senate DOT/HUD Appropriations Subcommittees approved this increase. CR Did Not Renew or Make Permanent the Maine and Vermont Size and Weight Pilot Despite reports that the Obama Administration had asked Congress to make this pilot permanent in the CR, it did not happen. The pilot would allow trucks operating on the Interstate Highway System in these states to exceed the current federal weight limit of 80,000 lbs. However, there is still a possibility that language

making the pilots permanent may be included in the “omnibus” appropriations bill. CVSA had recommended to the Senate Appropriations Committee and Secretary of Transportation LaHood that if the pilot is extended, specific criteria for implementing the pilot should be developed that would enhance it and allow for the collection of safety and other pertinent data consistent with CVSA’s current size and weight reauthorization policy. Since this enhancement language was not in the Senate Appropriations Committee as reported out of the Committee, it is unlikely that it will be added in the omnibus appropriations bill. However, CVSA’s Size and Weight Committee has been engaged with FHWA and FMCSA on this issue and FHWA are working with enforcement officials in both Maine and Vermont on various aspects of the pilot. The enhancement of the pilot may well be accomplished administratively through the efforts of FHWA working with state officials and industry. Over and above the Maine/Vermont pilot, size and weight is sure to be an issue in the next reauthorization bill. This summer, Senate Bill 3705 was introduced by Senators Collins of Maine, Crapo of Idaho, and Kohl of Wisconsin. It is identical to HR 1799, introduced in the House last year by Rep. Michaud of Maine allowing all states to authorize the operation of trucks up to 97,000 lbs. on their Interstate highways. Bus Safety Bill is a Priority on the Senate’s Agenda As reported in our Legislative Update of December 17, 2009, the Senate

Commerce Committee reported out S. 554, the Motorcoach Enhanced Safety Act in December of 2009. It is ready to be brought to the floor of the Senate at anytime, and may well be up for a vote in advance of the reauthorization bill. On the day before the Senate recessed for the mid-term elections, the bus safety bill was ‘hotlined,” meaning that it could come up for a Senate vote under “unanimous consent” with only a voice vote required. However, it can only be brought to the floor if all 100 senators agree ahead of time. Under this process, any Senator can place a “hold” on the bill preventing a floor vote. In this instance, one Senator did. In any event, the bus safety bill came close to passing the Senate and it may well come up for consideration again in the lame-duck session. Cross Border Trucking Program with Mexico Still on Hold The 2011 DOT Appropriations bill (now on hold until December 3) as reported out of Committee earlier this year, had directed the DOT to report on a cross-border trucking program with Mexico by October 1st. Obviously, this timetable was unable to be met due to the fact that the 2011 DOT Appropriations is on hold at least until December 3rd. Nevertheless, it appears Congress will continue to press this issue since Mexico has placed tariffs on many U.S. agricultural products because the border has not yet opened. UCR Fee Schedule to Remain Unchanged in 2011 At its August 12 meeting, the UCR Board voted to keep the new 2010 fee structure in place for the calendar year 2011.

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Truck Safety Technology Bill ( H.R. 2024 and S. 1532.) Continues to Draw Support The Teamsters Union has recently expressed an interest in the bill and if they decide to support it, it may help the coalition working for passage of the bill gain more co-sponsors in the House. There are currently 38 co-sponsors in the House. Even though this legislation will in all likelihood will be up for consideration as part of the reauthorization bill next year, the more co-sponsors obtained, even in the current Congress, will help ensure that it is considered next year. Senators Pryor (D-AR) and Alexander (R-TN) Introduce Bill Mandating EOBRâ&#x20AC;&#x2122;s On September 29, Senators Pryor and Alexander introduced legislation (S. 3884) mandating the use of Electronic-on-Board Recorders industry wide. They introduced the bill at this point in time to allow for as much time as possible for stakeholders to review the bill and to obtain broad support for the bill prior to the consideration of the reauthorization bill early next year. CVSA representatives met with Sen. Pryorâ&#x20AC;&#x2122;s staff to indicate our support for the bill and to discuss certain items such as data accessibility/availability for enforcement, certification of the technologies, transfer of the EOBR data to the inspector at the roadside, and the potential costs to the states in terms of impacts and to ensure adequate funding is made available for implementation. Transportation Security Administration (TSA) Reauthorization Raises Enforcement Issues In recent testimony before the House Security Subcommittee on the reautho-

rization of TSA, the American Bus Association advocated that FMCSA be given the sole responsibility for safety and security audits rather than have such audits duplicated by the two agencies. CVSA has also responded to a Senate Commerce Committee inquiry with respect to the need for Hazardous Materials (HM) background checks on all HM-endorsed drivers. CVSA indicated that these should be two separate credentials with the HM endorsement used as a safety credential for all HM drivers and the TWIC serving as a security credential for those hauling security sensitive materials. The background check requirements should be structured such as to not put undue burden/costs on the industry. It appears unlikely that Congress will take action on TSA reauthorization until next year. Reauthorization a Possibility in Early Months of 2011 in New Congress When President Obama announced his $50 billion Infrastructure Bank proposal on Labor Day, few details were provided except that he indicated that this would be the first step in seeking passage of a six-year transportation bill which his Administration would submit to the Congress along with the 2012 budget early next year. The issue of how to pay for a six-year bill still remains the sticking point. Few believe that an Infrastructure Bank would provide all of the revenue needed which leaves an increase in the fuel tax as the only other viable option. A minority staff member of the Senate Environment and Public Works Committee recently addressed a transportation group in Washington and mentioned for the first time the possibility that Congress would pass only a two or three-year bill, instead of the traditional

six-year bill possible eliminating the need for a fuel tax increase and, instead, use general fund money to make up the difference between what a three-year bill would cost and what the Highway Trust Fund would be able to sustain for that period. This option would very likely result in a significantly scaled down version of transportation bill with more limited increases in funding and resources. The current extension of SAFETEALU expires on December 31 of this year. A further extension will be one of the items on the agenda of the lame-duck Congress. The length of the next extension bill should provide a pretty good indication of whether Congress is serious about taking up reauthorization early in the next Congress. Senate Commerce Committee Discussions CVSA is engaged in ongoing discussions with the staff of the Senate Commerce Committee on Grant flexibility, Maintenance-of-Effort, safety exemptions, New Entrants, the issue of inter and intra-state enforcement of the safety regulations, and the issue of registration versus operating authority, among other issues. CVSA recently had a constructive meeting with Edison Electric Institute staff and one of their key state utility company members about the hours-ofservice exemption provided to Utility Service Drivers in SAFETEA-LU. While, as expected, they did not want to lose the specific statutory exemption, they were open to further discussions on the issue to forge common ground for ensuring safety and looking into more innovative ideas such as the implementation of fatigue management plans.

Fourth Quarter 2010

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Ask the FMCSA Administrator

Federal Motor Carrier Safety Administrator Anne S. Ferro answers your questions. In this issue, the Administrator addresses the future direction of enforcement in light of the historic decrease in fatal truck crashes; next steps for the national roll out of CSA; actions law enforcement can take to address the distracted driving epidemic, and the success of the latest National Passenger Carrier Safety Strike Force. Question: In September, Secretary LaHood released the fatal crash and injury numbers for 2009. Deaths involving large truck crashes have dropped by 20 percent to 3,380 – the lowest number in the U.S. since 1950. Where do we go from here? Answer: The news released by Secretary LaHood was outstanding. It was so good in fact that we rechecked the numbers collected by the National Highway Traffic Safety Administration (NHTSA) many times over. NHTSA data told us that 41 states, including the District of Columbia and Puerto Rico all had

reductions in highway deaths. This progress came even as Americans drove a greater number of miles than ever before. Last year’s numbers continue a positive trend begun four years ago. To sustain that trend, we must not miss a beat in our ongoing and vigorous enforcement efforts because our partnerships with state and local law enforcement make a real difference. While America’s roads are the safest they’ve ever been, I believe they can and must be safer. FMCSA is working shoulder to shoulder with CVSA striving to eliminate severe and fatal crashes on our roads. We are proud of the millions of roadside inspections conducted every year by CVSA members and FMCSA field staff. Each inspection and each compliance review takes us closer to our ultimate goal of zero deaths. I am committed to reaching young drivers too. The potential of the Teens and Trucks programs spreading across the country is exciting for its capacity to educate these inexperienced drivers on safe driving skills. Also, in September, President Obama

Administrator Ferro meets with District of Columbia Metropolitan Police and FMCSA Safety Investigators at the National Passenger Carrier Safety Strike Force event in August 2010 on the National Mall in Washington, D.C.

announced a plan to invest in our nation’s transportation infrastructure by rebuilding and expanding our roads. Besides creating needed jobs for our nation’s economy and rebuilding 150,000 miles of roads to make them safer, this plan serves as a stake in the ground for the six year reauthorization of the federal surface transportation program. The President’s Plan puts reauthorization on the horizon and boosts our expectations for robust support of state highway safety programs in the near future. FMCSA has every reason to believe that the next reauthorization bill will continue the positive trend and help us reach our safety goals. We are moving in the right direction. But we can do more to save lives. We owe it to the millions of motorists in trucks, buses and passenger cars so that not one family or individual has to face a preventable tragedy on our nation’s highways. Question: In the few remaining months before the official launch of CSA, what can state and local law enforcement do to prepare for day-one? Answer: Yes, a new era for commercial motor vehicle safety enforcement is set to begin very soon. For roadside inspectors, your job remains the same. In fact, the quality of your work becomes more important than ever because of the high visibility each and every inspection you conduct will receive from enlightened truck and bus companies. In anticipation of the launch of CSA, known as Compliance, Safety and Accountability, carriers have been able to access their individual safety assessments by logging into our data preview website. The objective of going to this website

allows carriers to see where they stand so that they can start taking corrective action prior to the start of CSA when these assessments become public. While many carriers are taking advantage of this opportunity, many more have not. In fact, only 3.5 percent of all carriers nationwide have gone online. Carriers and drivers both need to understand that they are accountable for their safety performance under CSA. Your help in getting the word out is important. Training is also a focus of our readiness for CSA. Throughout October, November and into December, CSA training will shift into a “full court press” phase. The training will emphasize CSA’s new investigative tools that will better identify high risk carriers and drivers as well as the new interventions that can help achieve compliance with safety regulations. Lastly, I ask our state and local law enforcement partners to ensure their DataQ process is straightforward, prompt and fair. Some of you may have noticed the increases scrutiny each violation is receiving from the carriers who have examined their individual BASICs. I am committed to ensuring our state and local partners are fully equipped and empowered to successfully operate the CSA program. Communication and training bring us together so that we can embrace a new approach to effectively enforce traffic laws. The national rollout for CSA is just a few short months away. I invite you to visit the CSA website for all updates. The address is: http://csa2010.fmcsa.dot.gov Question: Addressing the epidemic of distracted driving continues to be a priority for US DOT; what future

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actions can the law enforcement community take to address this public safety crisis? Answer: Secretary LaHood has set the safety bar high for addressing distracted driving as a top priority for the entire Department. According to a new NHSTA report released at the Secretary’s Second National Distracted Driving Summit, held in September, we know that distracted driving caused nearly 5,500 deaths and 450,000 injuries during 2009. This represents 16 percent of all traffic deaths which may be the tip of the iceberg because crash reports in many places do not routinely document where distraction was a factor in vehicle crashes. I ask for vigilance in documenting distracted driving as a root cause. To prevent distracted driving in the first place, we know enforcement can change behaviors. Two recent U.S. DOT pilot programs conducted by NHTSA tested whether high visibility enforcement can change drivers’ behavior. The early data shows that they can. The programs conducted in Hartford, Connecticut, and in Syracuse, New York has shown that hand held cell phone use and texting have both declined when strong enforcement is visible. FMCSA has gone from zero to 60 mph in our enforcement efforts by issuing a final rulemaking in less than oneyear’s time that bans text messaging while operating a truck or bus. I know that law enforcement officials stand ready to enforce distraction laws and look out for signs of distracted driving at the scene of a crash and document them for the record. We ask our CVSA partners to share their stories about working to prevent deaths and injuries as a result of a dis-

tracted driver. We are in this together. At FMCSA, we will do everything possible to eliminate distracted driving on our highways and roads. Question: How did the latest national safety strike force go? What is your opinion of strike forces overall? Answer: The latest national safety strike force focused on passenger carriers and ran from August 23 to September 4, leading up to the Labor Day holiday weekend. Along with FMCSA Deputy Administrator Bill Bronrott, I had the good fortune to participate at a check point on the National Mall at the foot of the U.S. Capitol in Washington, D.C. We saw many safety inspections of motorcoach buses. This is tough work. I saw first-hand how safety strike forces are important measures to encourage safe operations for bus companies and their drivers. During this recent strike force, nearly 5,000 buses were inspected at major tourist destinations around the country. As a result of these inspections, approximately one in every ten vehicles failed the inspection. Conducting safety strike forces will continue because they compliment dayto-day inspections and help us reach a greater number of carriers and remove the unsafe ones from the road. We want the American public to travel with confidence. These strike forces are another way we can protect the traveling public and save lives. Thank you for all you do to improve highway safety and keep unsafe drivers and trucks off the road. Everything you do counts towards saving lives. Have a question for FMCSA Administrator Anne Ferro? Send it to askFMCSA@dot.gov.

Fourth Quarter 2010

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NTC Is On the Move By Joe DeLorenzo, FMCSA, Director, National Training Center

FMCSA’s National Training Center (NTC) will be relocating this fall to its new location at 1310 North Courthouse Road, Suite 600, Arlington, VA. A few of the new facility highlights include: • Classrooms with fully-integrated multimedia capabilities, interactive white boards, and high resolution projectors; • A new webinar studio that features professional, high quality microphones and post production equipment that will allow us to produce high quality training packages to add to

our webinar library; and, • An instructor development classroom equipped with a ceiling-mounted camera to provide new instructors the opportunity to critique their instructional delivery methods and hone their skills as classroom facilitators. We look forward to continuing to work with our state and local law enforcement partners and other federal programs in our new facility. Be sure to check CVSA’s Guardian each quarter for information on NTC programs and activities.

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NTC News Briefs

Instructor Development Program Underway A streamlined Instructor Development program is now fully under way with the September and October classes. Launched last July, the new approach focuses on adult learning principles, subject matter content and on-the-job training monitored by highly experienced Master Instructors. NTC is also offering an in-state Instructor Development program. It is available to any state whose instructor curriculum meets or exceeds the national standards. For more information contact Julie.Lane@dot.gov. Hazardous Materials Curriculum Review Update During the summer, NTC commissioned an analysis of the Hazardous Materials (HM) curriculum. The goal was to identify the core competencies required for the General Hazardous Materials, Cargo Tank Inspection, Other Bulk Packaging, and Cargo Tank Facility Review courses. The HM analysis sought input from both federal and state subject matter experts to ensure the inclusion of key issues as well as concerns to improve the HM curriculum. The preliminary findings and recommendations of the HM review were presented for discussion to the Hazardous Materials Committee at the 2010 CVSA Annual Conference. Course Redevelopment Project The review and revision project for the Compliance Review, New Entrant Safety Audit, Enforcement Procedures, and Roadside Enforcement courses is in its final stages. The project closeout date is December 31, 2010. The new courses will be a “blended” approach to learning, involving approximately 20 hours of web-based learning coupled with up to one week of in-class, instructor-led training. More details, as well as the final course materials, will be available by December 2010. The new courses and the webbased prerequisite modules will begin to be used in classes after January 1, 2011. Interview and Investigative Techniques Course A new training course went through it third pilot testing this summer. The Interview and Investigative Techniques course is designed to increase situational awareness and the personal

safety of CMV Inspectors and Safety Investigators while also enhancing their interview skills. The course takes trainees from a CMV inspection through a carrier visit and focuses on the use of enhanced investigative techniques. It emphasizes the “common sense rapidly applied” methodology. “Disengagement” techniques are also addressed should an inspection or investigation become conflictive. The course has been well received and the trainee evaluations and instructor findings will be used to complete the development of the course. NTC’s entire course offering will be posted by midJanuary 2011. 20th Annual DIAP-EPIC Motor Vehicle Criminal Interdiction Event The 20th Annual Drug Interdiction Assistance Program-El Paso Intelligence Center (DIAP-EPIC) Motor Vehicle Criminal Interdiction (MVCI) event was held August 17–20 in New Orleans, Louisiana. The event was hosted by the Louisiana State Police and Louisiana State Troopers Association, and cosponsored by the Drug Enforcement Agency’s El Paso Intelligence Center and the Federal Motor Carrier Safety Administration. For 20 years, this training, networking and intelligencesharing event has assembled the largest number of overland criminal-interdiction experts and practitioners in the U.S. At this year’s event, 734 training participants attended. More than 170 law enforcement entities in the U.S, Canada, Ireland, and Australia were represented. Recognized experts, all of whom are actively engaged in CMV criminal-interdiction duties, led the training. The event was designed to optimize every minute of the combined 28 hours of classroom training. In addition, ample networking and intelligence-sharing opportunities were provided. Recent events demonstrate the effectiveness of the training; a record number of criminal apprehensions were reported to the El Paso Intelligence Center in the first weeks following the event. Many law enforcement officers directly attributed their successful apprehensions and contraband seizures to the lessons and enhanced skills learned in New Orleans.

Fourth Quarter 2010

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NTSB Investigates Oklahoma Multivehicle Crash The National Transportation Safety Board (NTSB) determined that the June 2009 fatal multivehicle collision involving a 2008 Volvo truck-tractor semitrailer and a traffic queue near Miami, Okla., was caused by the truck driver’s fatigue stemming from his acute sleep loss, circadian disruption associated with his shift work schedule, and mild sleep apnea. The 76-year-old driver failed to react to slowing and stopped traffic ahead by applying brakes or performing any evasive maneuvers to avoid colliding with the traffic queue. In its investigation, the NTSB found that contributing to the severity of the accident was the Volvo truck-tractor combination unit’s high impact speed and its structural incompatibility with passenger vehicles. Ten passenger vehicle occupants died, five received minor-to-serious injuries, and the driver of the truck combination unit was seriously injured. On the afternoon of June 26, 2009, a multivehicle accident occurred on Interstate 44 near Miami shortly after a minor accident in the same vicinity occurred. The minor incident took place about 1:13 p.m., when a 2001 Ford Focus traveling eastbound drifted out of its lane and sideswiped a truck-tractor semitrailer parked on the right shoulder, crossed over the roadway, struck the center median barrier, and came to rest in the roadway, blocking the left eastbound lane. This crash caused a blockage in the left eastbound lane and created a traffic queue that extended back from the initial accident site approximately 1,500 feet. At approximately 1:19 p.m. the Volvo truck driver was traveling in the right lane at about 69 mph (the posted limit was 75 mph). The driver did not react to the

The NTSB called upon FMCSA to require… video event recorders, improve its fatigue educational materials and…adopt a fatigue management program. traffic queue and collided with the rear of a sport utility vehicle (SUV). The Volvo truck continued forward and struck and overrode three additional vehicles and pushed the third vehicle into the rear of a livestock trailer being towed by the fourth vehicle, a pickup truck, which was pushed forward and struck a fifth vehicle. The Volvo truck came to rest approximately 270 feet past the point where it struck the initial SUV. Major safety issues identified by this accident investigation focused on driver fatigue; need for updated and comprehensive fatigue education materials and fatigue management programs; significance of heavy vehicle collision forces in crashes with smaller vehicles; lack of federal requirements for data and vehicle event recorders on commercial vehicles; and lack of federal requirements for forward collision warning systems. “This crash points out the need for three important actions by federal regulators that would go a long way to reducing this type of accident on our roadways: a fatigue management system would have helped the driver get the rest he needed

to perform well behind the wheel, event recorders would have provided our investigators with the details about the crash once it occurred, and a collision warning system would have significantly reduced the likelihood that this accident could have ever happened,” said NTSB Chairman Deborah Hersman. “The time to act on all three of these safety fundamentals is now so that this kind of horrific tragedy will not occur again.” Among the recommendations from this accident investigation, the NTSB called upon FMCSA to require all heavy commercial vehicles to be equipped with video event recorders, improve its fatigue educational materials and to require all motor carriers to adopt a fatigue management program based on the North American Fatigue Management Program. In addition, the NTSB urged the National Highway Traffic Safety Administration to set performance standards for event data recorders and, after doing so, require that all trucks over 10,000 GVWR be equipped with event data recorders. The NTSB reiterated previous recommendations to develop standards and require deployment of collision warning systems on new commercial vehicles, to require energy-absorbing under-ride protection for trucks, and to develop technologies to reduce fatiguerelated accidents. In total, the NTSB issued nine new and six reiterated safety recommendations with this report. A synopsis of the accident investigation report, including the findings, probable cause, and safety recommendations, can be found on the Board Meetings page of the NTSB’s website, http://www.ntsb.gov/ events/Boardmeeting.htm. The complete report will be available on the website in several weeks.

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Roadside Alert: Impact of FTA Grantee Insurance Minimums Upon Officers By Gregory Nahmens, FMCSA, Transportation Specialist, Commercial Passenger Carrier Safety Division

Safe, reliable public transportation of the elderly and disabled can present challenges beyond the special needs of the passengers. Carriers who choose to embark upon this road to public service are often awarded Federal Transit Administration (FTA) grant funds under 49 U.S.C. 5307, 5310 or 5311. These grants can impact the minimum financial responsibility levels these Special Transit Operators (FTA Grantees) must observe. The specific language of 49 U.S.C. 31138(e)(4) exempts from the Federal minimum financial responsibility requirements, all motor vehicles “providing transportation service within a transit service area under an agreement with a Federal, State, or local government, funded, in whole or in part, with a grant under [49 U.S.C.] 5307, 5310, or 5311, including transportation designed and carried out to meet the special needs of elderly individuals and individuals with disabilities; except that, in any case in which the transit service area is located in more than [one] State, the minimum level of financial responsibility for such motor vehicle will be at least the highest level required for any of such States.” Simply stated, these motor vehicles are exempt from the Federal insurance minimum, but must comply with the highest minimum imposed by any State in which they operate. MCSAP enforcement agencies (hereafter, “officers”) can typically determine whether the provision applies based upon a combination of such things as observa-

tion of the vehicle, driver interview, type of passengers, ultimate destination, etc. When the provision applies, the officer must be aware that the general Federal insurance requirement $1.5M or $5M (based upon designed seating capacity), does not apply. Next, the officer should use FMCSA’s Licensing and Insurance database (L&I) to compare the adjusted minimum insurance requirement “BIPD Required” against “BIPD on File.” If the two amounts match, there is no violation for insufficient insurance. Other than Federal, State or local governments or agencies thereof, FTA Grantees which provide interstate service are required to comply with the same general safety regulations which apply to any non-FTA grantees. They do not qualify for exception under a ‘non-profit status’ because receipt of a Federal grant

For more information, please see the following guides: http://www.fmcsa.dot.gov/documents/brochure-parts-365and387.pdf http://www.fmcsa.dot.gov/documents/brochure-PMCPs.pdf http://www.fmcsa.dot.gov/documents/safety-security/Appendix_A-508.pdf http://www.fmcsa.dot.gov/safety-security/eta/ETA%20Final%20508c.pdf

constitutes compensation for a transportation service; thus, making the transportation ‘for-hire’. If operating within areas that exceed commercial zone limits as identified in 49 CFR Part 372, they are required to register their operations with FMCSA, mark their vehicles and must also file evidence of the adjusted minimum levels of financial responsibility required under 49 U.S.C. 31138(e)(4). Vehicles designed or used to transport nine to 15 passengers (including the driver) in interstate commerce, but not for compensation, are not “commercial motor vehicles”(CMVs) as defined in 49 CFR section 390.5 and, therefore, the FMCSRs are not applicable. FMCSA’s goal is to raise the level of awareness among officers through efforts such as this article in CVSA’s Guardian. FMCSA is also considering the development of a policy memo, with additional plans to incorporate procedures into the electronic Field Operations Training Manual (eFOTM). Further, FMCSA’s National Training Center (NTC) is planning to include training related to Special Transit Operators within the Passenger Vehicle Inspector’s (PVI) course.

Fourth Quarter 2010

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North American Inspectors Championship: More Than A Contest CVSA Event Strengthens Commercial Vehicle Inspection Quality, Uniformity, Reciprocity Fifty-three roadside inspectors representing jurisdictions across North America convened this year in Columbus, Ohio — August 2-8, 2010 to compete in CVSA’s North American Inspectors Championship (NAIC). NAIC, however, is much more than a one-week competition. Because CVSA works closely to monitor, evaluate, and identify potentially unsafe transportation processes and procedures as well as to help facilitate and implement best practices for enhancing safety on our highways, NAIC provides the perfect opportunity to get a snapshot of the current roadside inspection environment, as well as a forum to evaluate both successes and areas for improvement. In addition, the international event also develops future leaders, strengthens the industry and enforcement partnerships, and promotes camaraderie between inspectors, jurisdictions, and countries. NAIC’s purpose is to recognize the inspector for demonstrating inspector excellence. NAIC contestants are evaluated in the following seven categories: 1. North American Standard Level I Inspection; 2. North American Standard Level I Inspection Procedures; 3. North American Standard HazMat/Transportation of Dangerous Goods Inspection; 4. North American Standard Cargo Tank/Other Bulk Packagings Inspection; 5. North American Standard Level V Passenger Vehicle (Motorcoach) Inspection; 6.

Personal Interview; and, 7. North American Standard Out-of-Service Criteria Exam. This year, Richard Robinson, a CVSAcertified North American Standard Level I inspector from Ontario, was awarded the Jimmy K. Ammons Grand Champion Award for his combined performances in seven competition elements including the North American Standard Level I Inspection and North American Standard HazMat/Transportation of Dangerous Goods Inspection. “We are proud to recognize and reward each of our 53 roadside inspectors from across North America who not only demonstrate their professional excellence and dedication to highway safety but inspire others to do the same,” said Stephen A. Keppler, CVSA’s Executive

Director. “Their enthusiasm and passion goes a long way in advancing commercial vehicle safety and saving lives due to the information, techniques and experiences they will share with others in furtherance of improving uniformity and highway safety standards across the continent.” “Everyday lives are saved on our nation’s highways because of the exceptional skill and tireless commitment to safety of commercial motor vehicle inspectors. The hard work of these dedicated law enforcement professionals makes a real difference,” said FMCSA Administrator Anne S. Ferro. “FMCSA is proud to join CVSA in saluting this year’s NAIC winner, and all of the men and women who competed in Columbus. Thank you for being leaders in commer-

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cial vehicle and highway safety.” NAIC is managed by CVSA; funded in part by FMCSA and is successful due to strong industry participation and sponsorship. NAIC has been recognized by the American Society of Association Executives (ASAE) as an event that “Advances America.” Award presenters included Anne S. Ferro, Stephen A. Keppler, and CVSA President Francis “Buzzy” France. In addition to the Grand Champion award, the following were also presented: • High Points United States James Canard – Arkansas • High Points Canada Richard Robinson – Ontario • High Points Mexico Gamaliel Perez – Mexico

• North American Standard Level I Inspection 1. Richard Robinson – Ontario; 2. Benjamin Schropfer – Nebraska; 3. Robert Keeney – Massachusetts. • North American Standard Level V Passenger Vehicle (Motorcoach) Inspection 1. John Jackson – Alberta; 2. Richard Robinson – Ontario; 3. Kasey Smolha – Utah. • North American Standard Hazardous Materials/ Transportation of Dangerous Goods and Cargo Tank/Bulk Packagings Inspection 1. Brad Gibson – Texas; 2. James Canard – Arkansas; 3. Richard Robinson – Ontario.

• John Youngblood Award of Excellence Christopher Smithen – Nevada • Team Award Yellow Team Team Leader – Shelia Lucas; John Jackson – Alberta; Wayne Bradshaw – Illinois; Robert Keeney – Massachusetts; Benjamin Schropfer – Nebraska; John Sova – North Dakota; Adam Pockette – Vermont; Juel Leuis – Wyoming. Photos: 1) NAIC Grand Champion Richard Robinson and CVSA President Francis “Buzzy” France. 2) High Points Award Recipients James Canard (US), Richard Robinson (Canada), Gamaliel Perez (Mexico). 3) North American Standard Level I Inspection Award Recipients Robert Keeney, Richard Robinson, Benjamin Schropfer. 4) North American Standard Level V Passenger Vechicle (Motorcoach) Inspection Award Recipients Kasey Smolha, John Jackson, Richard Robinson. 5) North American Standard Hazardous Materials/Transportation of Dangerous Goods and Cargo Tank/Bulk Packagings Inspection Award Recipients Richard Robinson, Brad Gibson, James Canard. 6) John Youngblood Award of Excellence Award Recipient Christopher Smithen and CVSA President Francis “Buzzy” France. 7) Team Award Recipients.

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Safety Team Promotes Message of Commercial Vehicle Safety Across Continent

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Meet the Members of the First International Safety Team

Senior Trooper Rick W. Oaks Utah Highway Patrol

Pictured (left to right): CVSA President Capt. Steve Dowling, Sgt. Wayne Sanderlin, Senior Tpr. Rick Oaks, Donald Woodal and outgoing CVSA President Buzzy France.

To honor those safety professionals in government and law enforcement who go above and beyond the call of duty every day to promote commercial motor vehicle safety, CVSA recently recognized three individuals who will make up the firstever CVSA International Safety Team. They include Transportation Inspector Donald Woodal, Maryland State Police; Sergeant Wayne Sanderlin, Colorado State Patrol; and Senior Trooper Rick Oaks, Utah Highway Patrol. Senior Trooper Oaks received the additional honor of being named Team Leader for his outstanding commitment to promoting safety. “These three individuals each were selected because of their unwavering commitment to actively promoting commercial vehicle and highway safety to the motor carrier industry and the general public through their education and public awareness efforts,” said Stephen A. Keppler, CVSA’s executive director. “They will serve as CVSA’s ambassadors helping to promote commercial vehicle safety across the continent and furthering our educational and enforcement outreach messages.” CVSA’s International Safety Team award was created in 2010 to recognize the efforts of these dedicated government and law enforcement personnel from across North America, who go above and beyond the call of duty of their normal responsibilities and have a significant impact on CMV safety, highway safety, and an overall reduction in crashes and deaths. “As a roadside inspector I believe education is one of the best ways to obtain compliance, therefore I spend a few extra minutes making sure that the drivers and the company understands why they are in violation and how to prevent similar situations from occurring in the future,” said Team Leader Oaks. “Providing educational and outreach programs to the trucking industry and the public in general, combined with CVSA’s voice will make a difference in safety on our roadways and I am happy to be a part of that with my two team members.” This program is made possible because of sponsors like PrePass. “PrePass has always viewed its role as to support roadside professionals as they strive to improve commercial vehicle compliance,” said Dick Landis, President and CEO of HELP Incorporated. “We’re proud to have the opportunity to partner with CVSA in recognizing the some of North America’s finest safety professionals.” For more information about next year’s program, the application process, or how to become a program sponsor, please visit our website at www.cvsa.org/ programs/ist.aspx.

Senior Trooper Oaks began his carrier in 1966 as a driver for a regional trucking company located in Salt Lake City, Utah. Two years later he was asked to join the management team and over the next 20 years he learned how important properly maintaining a fleet and promoting safe driving practices affected a company’s bottom line in a very positive way. As a Terminal Manager or Regional Director, Oaks and many of his employees, received numerous safety awards because of programs which he initiated. In 1989 Oaks accepted a position with the State of Utah working for the Public Service Commission, Motor Carrier Division. In 1990 his job assignment was transferred to the Utah Department of Public Safety, Utah Highway Patrol, Commercial Motor Carrier Division where he is presently employed. Oaks obtained his CVSA Level I inspector certification in 1990 and was certified as an “Instructor” for the National Training Center, FMCSA in 1992. In July 2010 Oaks obtained the status of “Master Instructor” from The National Training Center, FMCSA. He is only one of eleven people to have obtained this status. Oaks is actively involved in promoting safety wherever he goes. As a road side inspector he believes education is one of the best ways to obtain compliance, therefore he spends a few extra minutes making sure that the driver and the company understands why they are in violation and how to prevent similar

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situation from occurring in the future. He provides educational outreach programs to the trucking industry and the public in general. As an instructor for the National Training Center, he travels all over the U.S. assisting other agencies in learning how to do a proper road side inspection. Working with the trucking industry, together we are able to promote safety on our roadways. Oaks has been an advocate for programs initiated by CVSA such as Brake Check, Driver Appreciation Week and NAIC. Oaks was a key member of the Utah team when the competition was held in Salt Lake City in 2004. He served as a judge in Pittsburg, Pa in 2009 and will again be actively involved when NAIC is held in Salt Lake City, Utah in 2013. Oaks has also served as a voting member on the vehicle committee representing his state and region at past CVSA conferences. He has assisted the Utah Trucking Association with the Utah Truck Driving Championship competition for the last 21 years. He has been in charge of the Pre-Trip Inspection portion of that competition for the last three years. Rick was recognized as “Trooper of the Year” by the Utah Trucking Association in 1996 for his outstanding performance and service to the public. Other awards which Oaks has received while serving the State of Utah and the Federal government in promoting safety within the trucking industry include: State of Utah Certificate of Merit 1994; US DOT Transportation Institute – Superior Performance as an Instructor 1995; State of Utah Distinguished Service Medal in 1998; State of Utah Commissioner’s Commendation in 2002; Promoted to rank of Senior Trooper

2004; State of Utah Distinguished Service Medal in 2007; State of Utah Unit Citation in 2007; Utah Highway Patrol Special Recognition Award for overseeing the Utah State Inspector Challenge program in 2010; NTC/FMCSA “ Master Instructor” 2010. Sergeant Wayne Sanderlin Colorado State Police, Hazardous Materials S ergeant S ander lin served in the Army from December of 1989 until March of 1994. While serving in the Army, he decided to pursue a career as a State Trooper and joined the Colorado State Patrol in July of 1995, and recently celebrated his 15th anniversary. “Upon graduation, I began my service in the resort town of Frisco. I served as a Trooper in several troop offices ranging from mountain towns to the I-25 corridor on Colorado’s Front Range. I joined the Hazardous Materials Unit in September of 2001. I became a Level I inspector and was also trained to inspect HazMat. I was also trained in HazMat emergency response and certified as a HazMat Technician. I became a Cargo Tank instructor in 2003 and a General HazMat instructor in 2005. I have also served as a Level VI inspector and conducted point of origin inspections at Rocky Flats during its cleanup. I have also served as the coordinator of training for our MCSAP unit. In September of 2005 I was promoted to the rank of Sergeant. Once promoted to Sergeant I had a brief detour back to the field. I returned to HazMat in 2008. I have always believed that our unique position

to promote CMV safety here in Colorado is directly due to the fact that our troopers are the responders who take great risks to mitigate emergencies. These responders are uniquely prepared to do so because of their CMV enforcement training. It is that special perspective that prepares them to handle their duties and I am proud to support them.” Transportation Inspector Donald Woodal Maryland State Police, Commercial Vehicle Enforcement Division Tr a n s p o r t a t i o n Inspector Woodal has been with the Maryland State Police, Commercial Vehicle Enforcement Division (CVED) since September 2003. For the first six years of his career he was assigned to a fixed facility scale house in Montgomery County, MD on I-270, a direct route to and from our nation’s capital Washington D.C. “From September 2003 until approximately July 2004 I was in training for NAS Part A, B, HazMat, Cargo Tanker, Other Bulk packaging and PVI courses as well as Maryland Size and Weight classes. After gaining all my CMV certifications I would conduct Level I inspections (daily) and also conduct size and weight enforcement as per the FMCSR and Maryland Transportation Article law. Also I participated in road check, operation safe driver, brake check and other special assignments that would arise. Furthermore from late 2004 till current date I would assist carriers with safety classes and talks when requested and make myself available at all times day or night for questions that would

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arise from co-workers or industry peoples. Then, in 2005 I competed in Maryland’s inspectors competition where I took first place and was invited to compete at NAIC in Tampa, FL where I placed 13th overall. Then in late 2005 I received training in S/A & C/R, and was able to conduct audits on companies, on an overtime basis. Then from 2006 till 2007 I attended various training courses including Desert Snow CMV drug interdiction training, 4:20 interdiction, and Maryland Police Training Commission Train the Trainer class. In

April 2007 I again competed in the Maryland Inspectors’ competition where I placed 1st and then attended NAIC in Minneapolis, MN where I placed 4th overall and 2nd in Motorcoach and HazMat/Tanker inspection. This was the first time Maryland State Police had ever placed in the NAIC events. Next, in late 2007, I attended NTC instructor development training and PVI instructor training in Austin, TX. Since receiving my PVI instructor certification I have instructed PVI courses throughout the U.S. In October 2009 I was transferred

to Finzel Scale House in Garrett County, MD where I conducted inspections and size and weight enforcement on a daily basis. In Oct. 2009 I attended CSA 2010 training in Linthicum, MD, as Maryland would be a 100 percent state starting in Nov. 2009. Finally, in March 2010 I was accepted into the Audit Compliance Enforcement Section unit of MSP CVED where I conduct CSA 2010 audits and New Entrant Audits on a daily basis in five western region of Maryland counties.”

NEW CVSA ASSOCIATE AND LOCAL ENFORCEMENT MEMBERS

Amtrak

North Carolina Dept. of Motor Vehicles

Centennial College

PeopleNet

Colorado Springs Police Department

Philadelphia Police Department

Denver Police Department

Qualcomm

Emerald Alaska, Inc.

Rio Blanco County Sheriff’s Office

Estes Express Lines

SJV Consulting, Inc.

Foley Services, Inc.

Southeast Power Corp.

Fort Worth Police Department

Sutco Contracting, Ltd

Hayden Motorcoach, LLC

TeleSwivel from Williams Innovations

Intergraph

Truck Training Schools Association of Ontario

Iteris

Webb Wheel Products, Inc.

Metrostar Distribution, Inc.

York Regional Police

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CVSA Program Recognizes Drivers Who Were Saved by Their Belt Program Demonstrates How Safety Belt Usage Saves Lives

Left to Right Stephen A. Keppler, CVSA Executive Director, Kevin Brady, Veolia Environmental Services, Ken Arms, Veolia Environmental Services, Area Safety Manager, and Capt. Steve Dowling, CVSA President.

Two commercial vehicle drivers whose lives were saved because they took the time to buckle up were recently recognized by CVSA during its Annual Conference in Anaheim, CA. CVSA recognizes those commercial motor vehicle drivers who have buckled up and whose lives were saved or injuries significantly reduced as a result of wearing a safety belt with its “Saved by the Belt” program. This year CVSA recognized Kevin Brady, Veolia Environmental Services, and Ronnie Kirk, Republic Services of SC. “Someone is killed in a crash every 13 minutes. Getting in the simple habit of buckling your safety belt increases your odds of maintaining control of your vehicle in the event of a crash but more importantly can save your life,” said Stephen A. Keppler, CVSA’s executive director. CVSA created the program in 2007 to underscore the importance of safety belt use by commercial motor vehicle drivers and to use these drivers as role models for safety belt use for their peers and their families. Brady, an employee of Veolia Environmental Services for eight years, is a commercial recycling driver at the

Fort Myers Beach, FL facility was involved in a very serious traffic accident and can certainly attest to the importance of wearing a seat belt at all times. It saved his life. “Safety has to be a top priority for all drivers!” says Brady. “Make the correct, responsible choice every time you get behind the wheel. I would like to thank CVSA for this prestigious safety award. I would also like to extend my deepest appreciation to Veolia Environmental Services for this nomination and their support. Also, I am very thankful to my

CVSA created the program in 2007 to underscore the importance of safety belt use by commercial motor vehicle drivers….

immediate family, fellow employees, and supervisors for their continued support and encouragement.” Kirk has worked in the waste industry for over 25 years. Thirteen of those years have been with Republic Services. “Ronnie loves his job and has a great relationship with our customers,” said Mike Cornwell, Route Supervisor with Republic Services of SC. After the serious accident he had on August 11, 2009, he was extremely concerned about the well being of the woman that crossed into his path. Although he was treated at the hospital for his own injuries, once he was released, he immediately called to check on her. Ronnie had never been involved in a serious accident before this and knows that had it not been for his safety training and his seat belt he would likely have suffered more serious injuries. For more information on the program, please visit www.cvsa.org. CVSA also supports, and is an active participant in, the Commercial Motor Vehicle Safety Belt Partnership to help encourage safety belt use among the nation’s commercial vehicle drivers. For more information on the partnership, please visit FMCSA’s web site at www.fmcsa.dot.gov.

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The Executive Director Recruitment Process By Darren Christle, Manitoba Infrastructure & Transportation, Executive Director, Motor Carrier Division, CVSA President 2008-2009

As many CVSA members now know, the Executive Committee is pleased to announce that on August 2, 2010 we have hired Steven A. Keppler as the CVSA Executive Director. Steve has been the Interim Executive Director for 11 months. I’m sure some will question, ‘Why did the process take so long?’ Thus, the Ad-Hoc Selection Committee and the Executive Committee felt that we, as an organization, would benefit from sharing the experience. In September 2009, the Executive Committee (EC) appointed Steve Keppler to the interim position. At that time, the International Officers attended the Regional Committee meetings and announced that CVSA would be progressing through the recruitment process. It was the intention of the EC to have an open competition (meaning anyone could apply), and conduct the process with integrity and full transparency. The period between October – March was used to consider what the duties of the new Executive Director should be. Comparisons with like positions were considered in addition to the wealth of

experience possessed by our members. The EC, following proper investigation, needed to decide on the best process for recruitment. Serious consideration was given to hiring an agency which specializes in executive placements. The costs for this engagement would have been approximately six figures. Consideration was also given to the desired competencies and compensation levels. The EC together with President France decided that the most prudent approach, especially in tough financial times, would be for a small committee to complete the search on behalf of the Alliance. President France created an Ad-Hoc ED selection design team consisting of S. Dowling (California), B. Bugg (Georgia), and D. Christle (Manitoba) to draft a recruitment plan. In May, the Ad-Hoc Committee drafted a position description, a recruitment announcement, redrafted an employment contract, and two initial screening questions. Additionally, the Ad-Hoc created a 12-step sequential recruitment process. These documents were approved by the entire Executive Committee and then for-

warded to CVSA lawyers for review, advice and amendment. Following EC approval of the amended documents, the Ad-Hoc ED selection design team was disbanded. President France created a Special ED Selection Committee (SESC) to manage the selection process and provide a recommendation to EC on a candidate by August 2010. The SESC consisted of D. Palmer (Texas), B. Pollei (Utah), and D. Christle (Manitoba). The SESC created interview questions, a pointed screening criteria, a secondary screening question, drafted a press release, a membership announcement, had the CVSA website amended for both making the CVSA ED recruitment announcement as well as allowing for a special section for applicants. Each of these documents went through the approval process of the EC. The competition officially opened on May 17, 2010 for 30-days. It was advertised via the CVSA website, a press release, and through an association management recruitment bulletin board. The SESC received 12 very comprehensive submissions which included written answers to the initial two complex screening questions. On June 28, 2010 the SESC, using the screening criteria and consistent with the design team’s approach, reduced the candidate list to eight individuals. On July 2, 2010 the candidates received an extremely complex screening question and given only seven days to provide a detailed written response. Using the resumes, answers to the first two initial screening questions and the final screening question, the Committee was able to create an interview short list consisting of four terrific candidates. Unfortunately, one candidate was

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CVSA Names Christopher Shultz as 2010 Academic Scholarship Recipient North Carolina Student Interested in Highway Safety, Pursuing Engineering Degree

unable to continue through the process, thus three candidates were interviewed. Just prior to the North American Inspectors Competition (NAIC) in Columbus Ohio, the SESC subjected the three candidates to an intense twohour interview. The previous materials were not considered, thus all candidates started the interview process completely equal in standing. Since we interviewed both internal and external candidates, all were cautioned not to assume that the panel members have any prior knowledge to their skills, abilities and experience. This was truly an opportunity for each candidate to profile themselves. As a result, each interviewed candidate received a ranking. On August 2, 2010 the SESC submitted a final report to the CVSA Executive Committee which consisted of three motions: 1. Based on the interview candidate ranking, accept an eligibility list which would remain valid for a period of one-year; 2. Offer the CVSA Executive Director position to the candidate that finished first in the candidate ranking – Mr. Steven A. Keppler; and, 3. And finally, a number of administrative and timing issues.

Since its inception in 1982, CVSA has been an advocate for the safety of commercial vehicles, drivers and motor carriers and represents the individuals who dedicate their work to promoting an environment free of commercial vehicle accidents and incidents. As North America’s

leading

commercial

vehicle safety organization, the CVSA Academic Scholarship is a key piece of the Alliance’s educational outreach initiatives. The Scholarship provides a $1,000 grant to graduating high school seniors whose parent or legal guardian is a good standing member of CVSA. This year, CVSA is pleased to announce Christopher Schultz, a student from Cherryville, NC, as the 2010 CVSA Academic Scholarship recipient. “Highway safety is an important issue that is taken too lightly by many people. It would be fantastic to be able to educate many more people about the dangers of carelessness,” said Shultz whose father is a systems engineer with a major trucking company. Shultz is pursuing a degree in Civil Engineering from Letourneau University in Longview, TX. CVSA’s Academic Scholarship is dedicated to Gary E. Curtis, a Virginia State Trooper who had a passion for commercial vehicle safety. As his technical expertise began to build, Gary was recruited by the Interstate Commerce Commission and continued his focus on commercial vehicle safety programs as the Federal government restructured and developed the Office of Motor Carriers (now Federal Motor Carriers Safety Administration). Gary retired from

The Executive Committee, following a fulsome discussion, accepted the motions. President France offered the position to Steven A. Keppler. This was officially announced at the NAIC opening ceremonies on August 3, 2010. On behalf of the Selection Committee, I would like to congratulate Steve we are very confident that we have the right person for the challenges that lay ahead.

the OMC and came to CVSA in 1992 as Director of Technical Services. He is remembered as being knowledgeable, professional and talented. His understanding of CVSA’s policies and programs was unrivaled. His efforts and contributions helped form the solid base in which CVSA now proudly stands upon. Gary lost his life to Cancer in December of 1998. This scholarship is competitive in its selection criteria, uniquely tailored to recognize outstanding high school seniors. Scholarship recipients are selected by weighing academic performance and extracurricular activities. For more on the CVSA Scholarship, or to apply, visit www.cvsa.org/about/cvsa_academicscholarships.aspx.

Fourth Quarter 2010

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Cover Story

CVSA Transforming Safety Culture Through Enforcement, Outreach Group Welcomes New President Capt. Dowling Elects Lt. Thomas Kelly Secretary/Treasurer

In the early 1980s, CVSA was only a concept being discussed between two commercial vehicle inspectors from two different states on how to make the inspection process more targeted and efficient across jurisdictional boundaries. Its two founders had no idea that their discussion would lead them to creating the organization it is in the year 2010. Today, CVSA is aiming to transform the safety culture within the commercial motor vehicle industry through a series of initiatives which will focus on data-driven, targeted, performancebased programs, smart regulation, enforcement and facilitating the deployment of proven technologies in government and industry that support the organization’s mission. “We will strengthen our core focus on the roadside inspection program, our partnerships, commitment to exploring viable technologies, and focus on data-driven, targeted and performancebased programs and smart regulation/enforcement,” said CVSA’s President, Capt. Steve Dowling. “We will also focus on training, education and outreach and creating strategies beyond regulation and enforcement, all aimed at transforming the safety culture within the commercial motor vehicle industry and the public across North America.” Addressing CVSA members at its Annual Conference in Anaheim, Dowling, commander of the California Highway Patrol’s Commercial Vehicle Section, underscored how CVSA’s partnerships in and outside government have significantly contributed to the success of safety and enforcement programs as well as a reduction of commercial motor vehicle crashes and fatalities across the continent through a number of key accomplishments including: North American Standard Roadside

Inspection Procedures; North American Standard Out-of-Service Criteria; out-of-service and other defect repair verification procedures; Inspector and Instructor training, certification and recertification practices and procedures; Safety information, software and data systems; and, Performance of Roadside Inspections, Traffic Enforcement, Compliance Reviews, Safety Audits and Crash and Incident investigations/reporting. “Without active participation at all levels, both inside and outside government, of policy makers, enforcement and industry, these successes could not have been realized. The freight transportation industry is heavily regulated, dynamic and competitive. Because of this, it is incumbent that critical safety and security issues do not get lost and put on the back burner. CVSA has been and will continue to serve – as it has for the past three decades – as a gathering place to discuss and resolve the difficult and challenging issues,” said Dowling. “This partnership has truly made a difference and is making history,” said FMCSA Administrator Anne S. Ferro. “Last year saw a dramatic decrease in highway deaths, down to 34,000, the lowest number recorded since 1950… (but) the largest decline came in the category of commercial vehicles. In fact, last year the number of people killed in large truck crashes fell to 3,380, for a 20 percent drop from the previous year. Over a two-year period, we have seen a 30 percent drop. We believe that ongoing vigorous enforcement efforts and our partnerships with state and local law enforcement are making a difference. America’s roads are the safest they’ve ever been but they must be safer and we won’t rest until there are zero commercial truck-related deaths on our roads.”

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How a Discussion to Create a Common Inspection/Stickering System Evolved into What Became a Continent-Wide Commitment to Commercial Vehicle Safety By Ed Kynaston, California Highway Patrol, Chief (ret.) CVSA President 1983 to 1984

President’s Award Recognizes Individuals for Service to CVSA The President’s Awards were given to recognize those individuals for their continued service to CVSA above and beyond expectations. John Payne, Senior Vice President, Linehaul, Safety & Maintenance, FedEx Corporation, was recognized for his service and FedEx Ground’s sponsorship of NAIC. “The personnel John dedicates and the financial support he provides to keep NAIC going forward is phenomenal. He always steps up when the Alliance needs assistance he is always there,” said outgoing CVSA President Buzzy France. In addition, former CVSA President Darren Christle, Executive Director, Motor Carrier Division, Manitoba Infrastructure and Transportation was recognized. “Darren is a dedicated individual who also does whatever is needed to get the task accomplished. He was invaluable with regard to providing guidance on the process of hiring a new Executive Director. He chaired the Executive Director Selection Committee and got the job done in a very professional and expeditious manner. Also Darren has been a huge asset to the Alliance for many years

Ultimately, we wanted to form an organization with the sole purpose of eliminating or reducing commercial motor vehicle-caused accidents focused on the business of what all CMV inspectors do. In explaining this, I emphasize, the California Highway Patrol (CHP) did not invent CVSA. We were a major part of the development and cooperated in the establishment of the Alliance, but it was not solely CHP’s idea. If any one person could say they created the concept of CVSA it was Paul Henry. Paul at that time was Administrator of the Motor Carrier Investigations Division for the Oregon Public Utilities Commission. It started with a simple phone call in 1978. Paul Henry noticed the trucks that Oregon would inspect and pass would cross the state line into California and get stopped again. So, he called me to see how we could better coordinate our inspections, suggesting reciprocity and common stickering. At the time, the CHP realized we were doing far more inspections than any other state, but we were finding we would inspect all of these trucks and demand compliance, but interstate operated trucks would come back three months later having never maintained their equipment. So we said let’s get the other states around us doing inspections too and developed and offered training to bordering states and anyone else for that matter – The State of Oregon already had a program but many states and as well as the federal government mostly conducted terminal inspections. It was our goal to inspect trucks as they were operating on a continual bases, not only once a year. Our experience determined too many carriers wouldn’t adequately maintain their units throughout the year. We had and wanted to expand an on-highway “inspection presence” that prompted truckers to keep their vehicles continually maintained. (continued on page 22) That was how it began, way back then. At that time we

doing whatever was necessary to accomplish our mission and objectives,” added France. Incoming President Capt. Steve Dowling also recognized Ed Kynaston, Chief, California Highway Patrol (retired) and Paul Henry, Administrator, Motor Carrier Investigations Division, Oregon Public Utilities Commissioner (retired) for their combined efforts at establishing the Alliance and promoting commercial vehicle safety throughout their entire careers.

Photos: (this page, top to bottom) John Payne, Senior Vice President, Linehaul Safety and Maintenance, FedEx Ground. Ed Kynaston and CVSA President Capt. Steve Dowling. Maj. David Palmer, Stephen A. Keppler, Darren Christle, Buzzy France, Lt. Thomas Kelly, and Capt. Steve Dowling.

Fourth Quarter 2010

Lt. Thomas Kelly Selected as New Secretary/Treasurer

The CVSA membership elected Lt. Thomas Kelly, a 22-year veteran of the Maine State Police (MSP). His background includes being certified in Crash Reconstruction and Forensic Mapping, CVSA Level I and III certified, including HazMat and Cargo Tank Inspections. Since 2005, Kelly has served as the Troop Commander for MSP Commercial Vehicle Enforcement Unit and is the MSP representative for testimony regarding commercial motor vehicle legislation before the state’s legislature. Kelly is also a recent graduate from the FBI National Academy. “CVSA members understand that saving lives through CMV safety is a way of life that has no borders,” said Kelly. “Together, we will continue to address the tough issues, and be the voice that is sought after because of the dedicated professionals that created it.”

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(continued from page 21) started talking about creating an association that would agree to and adopt a list of critical inspection items. We expanded our conversation to include many bordering states in the western region which included California, Idaho, Oregon, Washington and Utah. We also began to reach out to carrier operators and the manufacturing industry. Companies like UPS, U-Haul and Bendix were some of the first involved. We talked to them and learned about the mechanics of braking systems and other critical items. The CHP also worked with a number of organizations including trucking associations. We wanted to make sure we were doing things right in terms of engineering as well and needed the expertise, advice and cooperation of industry and manufacturing partners. Those companies would ultimately also provide us financial support (thru associate membership). By this time, a Memorandum of Understanding was developed to establish uniformity and reciprocity of on-highway enforcement and improve the safe operation of commercial vehicles. (In 1982 Canada would join and later in 1991 Mexico would as well). As it would turn out, October of 1982 the group would ratify the by-laws that created CVSA’s bi-national scope and added provisions for associate membership. Paul Henry was CVSA’s first president and after my retirement in 1984 I would serve as its first executive director. It is extremely fulfilling, to say the least, to see how CVSA has grown throughout the years in its international influence on federal programs and highway safety overall. Stepping back In the mid to late 1970s, we were facing very similar challenges as we are today. The U.S. was struggling through a period of economic recession, states were confronted with making tough budget cuts, and we in the California Highway Patrol (CHP) were seeing an ever increasing truck population. As Chief of the CHP’s Enforcement Services Division, I was looking at articles that detailed the percentages of truck-caused accidents in the 1970s and trying to figure out a better way to deal with balancing budget cuts while not compromising highway safety. So we started a special program which we “cleverly” called the Truck Accident Reduction Program (TARP). Now I know TARP now a days has a whole different meaning, although it can be said that we too were trying to rid our society of ‘troubled assets’ but on the roadways. The TARP’s sole purpose was to ensure, as much as possible through inspection, that commercial vehicles traveling on California’s highways were operating in a safe and mechanically sound manner. “In summary, the intent of TARP was to focus inspection and attention on those items identified as the most frequent contributing or causative factors associated with commercial vehicle accidents. Those items held forth on the CCI inspection form include: brake adjustment, air loss (applied/unapplied), low air warning devise, brake hoses, brake drums, brake shoes, steering components, wheels, tired, drawbars, fifth wheels and driver logs. Reciprocity between states regarding equipment inspection activities and the establishment of a common stickering system. All members recognized the desirability of pursuing this subject. And so, California’s CII would serve as the minimum inspection criteria. However, a state could expand the number of items subject to inspection. Also the stickers would be applied to power units and trailers.” —Excerpts from meeting minutes of the first gathering. What the CHP did in the first year of the TARP program was start a significant reduction in the number of items on the inspection check list and wound up completely

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C changing the type of inspections from a ‘complete’ inspection that involved examining everything on every truck that pulled in (including its headlight adjustments, measuring sidemarker lamps, and on into that minutia). And when that truck left, it didn’t have anything wrong with it. However, truck-related accidents were continuing to increase and we were committed not to cut people out of that program but also had increased truck population and mileage as well (similar to today). So in 1974 the CHP implemented a critical item inspection (CII) program. We were going to look at those things that would most likely cause an accident by a truck due to a defect that would take control of the vehicle away from the driver (things such as a bad light were not considered a critical problem for driver, but a steering mechanism or brakes failing that would cause the driver to lose control would be on our critical items list). So we embarked on a study with the University of Southern California and began examining conditions in many regional areas (both urban areas with long grades and rural ones). The uniqueness of the study was to find out the true cause of accidents. We had trained inspectors evaluate crash scenes. When you have a crash with trucks or cars the investigating officer takes a look and comes up with obvious cause of accident: For example, a truck looses brakes runs into back of car and kills someone. The police officer assigned to the scene might say the truck was following too close or was excessively speeding (as is the case in 95% of all crashes). However, the real reason was that the brakes were out of adjustment and that was the real cause of the accident. Our trained investigators for one year or so determined instead of our on highway inspectors looking at 75 items there were eight items that are critical to an inspection and the vehicles safety. What we found was that in the first year of implementing our new critical inspection criteria, we increased the number of trucks inspected by some 40 percent and saw a reduction in CMV accidents for the first time in four years – and this was with the national average still increasing. A decrease in crashes during that following year was 6.7 percent where the CMV was at fault. Truck mileage the previous year had increased by 13%. Furthermore, we were able to inspect more vehicles. The year prior we had inspected 175,000 truck units. The year after we increased that to 300,000 – about a 40% increase in number of units inspected and we did that as the truck population and mileage increased. What we found most significant was that we got more results by inspecting fewer things but the things we inspected were significant to the safety of that unit going down the road. We totally changed the process of how to inspect a commercial vehicle and it produced and proved our theory. Not surprisingly however, we had our challenge convincing our inspectors, who were used to inspecting more items, that this process was actually more productive. Some actually felt bad and would say so to the drivers they whose vehicles they were inspecting that they were not getting a complete inspection. So it took some time even to convince our own folks until we had some results. The CII began making sound progress but we also noticed that those who operated trucks and fleets were taking notice and incorporating the program into their own preventative maintenance efforts. It was when industry itself bought into the idea, with what was becoming a proven process for preventing crashes due to mechanical failures, that we knew commercial vehicle safety would be enhanced and overall, everyone traveling roads with big rigs would benefit as well. Today, CVSA continues with this very same mission: “To promote commercial motor vehicle safety and security by providing leadership to enforcement, industry and policy makers.” The vision, after all these years, is becoming a reality.

New Committee and Program Chairs CVSA extends their deepest gratitude to those committee and program chairs who have served in leadership positions supporting the Alliance this past year. Associate Advisory Chair Larry Bizzell replaces Larry Woolum, and Training Chair Capt. Craig Medcalf replaces Sgt. Ray Weiss. CVSA acknowledges Larry Woolum and Sgt. Weiss’ contributions and recognizes the sacrifices they made throughout the year. It is because of their dedication that CVSA has been able to make some great strides in promoting commercial motor vehicle safety.

Associate Advisory Chair, Larry Bizzell, FedEx Express.

Training Chair, Capt. Craig Medcalf, Oklahoma Highway Patrol.

Fourth Quarter 2010

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INSPECTOR’S CORNER

Under the Pressure of a Stopwatch How Training on Inspection Procedures Comes into Play at NAIC and Every Day at Roadside By Richard Robinson, Ontario Ministry of Transportation, Transportation Enforcement Officer, NAIC 2010 Grand Champion The temperature was hot, nerves were high, brains were in overdrive, and even though most of the week went by in a blur, NAIC 2010 was an event I won’t be forgetting for a long time. NAIC kicked off on a Monday with registration where we got all of our books, some great reference material, and a little swag. In the evening there was a reception where we mingled with our fellow competitors, met our team-mates as well as our team leader. Tuesday morning started off with the opening ceremony. All of the competitors marched their way in to the hall and paid their respects to the National Anthems of Canada, Mexico, and the U.S. After opening speeches, we were entertained by an excellent motivational speaker, Steve Gilliland. Later that day came the personal interviews, my most dreaded event. It is next to impossible to know what they are going to ask, so you just have to read over some things and hope for the best. It also helps if you remind yourself, “It’s only worth 5%”. In the afternoon we ventured over to the Ohio State House for some picture tak-

ing. This was a large undertaking for this Canadian boy who just moved out of his igloo and packed his toque away for the summer. After the photos, we returned to the sanctity of the air conditioning and participated in a round-table discussion with members of the trucking industry involving a variety of topics. It was a great opportunity to express and listen to opinions of fellow officers and industry stakeholders. Wednesday was our learning day. We received training in motorcoaches, cargo tanks, and learned the general rules of recording defects to obtain the most amount of marks. My personal highlight of the training was being able to walk inside an actual dangerous goods cargo tank and see how the valves and everything else look and work from the inside. Another interesting segment was the performance-based brake testing demonstration. It was easy to see how useful and effective this instrument would be in maintaining the safety on the highways. The main competition took part on the Thursday. My team managed to

Richard Robinson

squeeze the written test, level 1 inspection, and dangerous goods cargo tank as well as small package inspection in a matter of three hours. It was very comforting to know that regardless of the stress involved and the reality that this was a competition that every competitor was assisting each other, whether it was explaining how the flux capacitor worked or how to inspect a motorcoach. On Friday night we got to enjoy the Ohio State Fair. There were life-sized butter sculptures of cows and football players and also many samples of some of America’s finest cuisine including deepfried Buckeyes, deep-fried butter, and even chocolate covered bacon. So, enough of what I did at NAIC, let’s go to what I got out of participating. Camaraderie, friendship, education, insight, and a slightly different outlook on the relationship between the trucking industry and enforcement agencies are just a few things I took away from the competition. When under the pressure of a stopwatch, an inspector realizes how important training and procedures come into play in this job. Luckily, Ontario has top-notch trainers in my opinion, and CVSA does an excellent job in setting inspection procedures and standards. I discovered a lot about myself including some of my strengths and also some of my weaknesses. If you are the type of person who is sitting on the fence on whether to participate in NAIC, or even just local, jurisdictional competitions, take it from me and anyone else who has attended and go for it. It is truly an experience you will not get anywhere else. The one piece of advice I can give that was stressed to me, relax, have fun, and just take it all in.

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“Different” Doesn’t Equal “Wrong” By Capt. Bruce Bugg, Georgia Department of Public Safety, HazMat Committee Chair, Region II President Capt. Bruce Bugg

For the past several years, I have had the privilege of setting up the Hazardous Materials / Dangerous Goods problems at the North American Inspector’s Championship (NAIC). I also teach the three Hazardous Materials Roadside courses, and previously oversaw our agency’s inspection challenge resolution, primarily through the FMCSA DataQs website. I also supervise one of ten Regions in our agency’s Motor Carrier Compliance Division. In all these areas, where inspectors make mistakes, it usually stems from something looking different than what an inspector normally encounters at roadside. We get used to seeing things done a certain way, and when something looks different than the way we are used to seeing it, our minds often interpret that as “wrong.” In the (U.S.) Motor Carrier Regulation realm, this manifests itself as violations of either the Periodic Inspection requirements in §396.17 or Carrier Identification in §390.21. The periodic inspection requirement can be met in a number of ways, including an approved State inspection program. If you work in a jurisdiction that does not have a Statemandated vehicle inspection program,

you get used to seeing the commerciallymade inspection forms, and when a CMV shows up from a State that has an inspection program, the lack of the typical form or decal looks wrong, but the vehicle is in compliance (See the sidebar for equivalent state and Canadian government mandated programs). When we look for carrier identification markings, we look for the carrier name and U.S. DOT Number on the doors of the power unit. In our State, dump trucks often put their markings on the dump body. Roll-back wreckers often put the U.S. DOT Number on the side rails of the roll-back bed. It’s different, but usually in compliance. For hazardous materials, the problem is amplified because of international commerce. 49 CFR allows shipments that comply with the Canadian Transport of Dangerous Goods (TDG) regulations (see §171.12 and §171.22) and shipments coming to or from a cargo vessel to comply with the International Maritime Dangerous Goods (IMDG) Code (see §171.22, 171.23, and §171.25). These allowed variations often result in things that look wrong, but really do comply. Finding these regulations is not always easy or convenient. The TDG regulations

can be found on-line (http://www.tc.gc.ca/ eng/tdg/clear-tofc-211.htm). Unfortunately, the IMDG Code is published by a private entity and they charge money for each copy of the regulations. However, the IMDG Code is largely based on the 16th Revision to the UN Recommendations for the Transportation of Dangerous Goods, which is available online (http://www.unece.org/ trans/danger/publi/unrec/rev16/16files_e.html). A common exception, which is also allowed in the U.S., is that the words (such as “Explosives,” “Flammable Liquid,” etc.) on most placards and labels are optional. See 49 CFR §172.519(b)(3) for placards and §172.505(a) for labels. As placard and marking designs are updated or changed, we usually wind up with a transition period to move to a new design. Currently, 49 CFR §171.14 contains most of these; however, PHMSA has stated its goal of eliminating §171.14, and putting these provisions into the sections they affect. Two recent examples are shipping appers and the Organic Peroxide (Division 5.2) placard. For decades, shipping descriptions on shipping papers were in the following order: 1 – Shipping Name; 2 – Hazard Class or Division; 3 – ID Number; and 4

Equivalent to periodic inspection in 49 CFR §396.17: Alabama (LPG Board) California Connecticut District of Columbia Hawaii Illinois Louisiana Maine Maryland

Massachusetts Michigan Minnesota New Hampshire New Jersey New York Ohio Pennsylvania Rhode Island

Texas Utah Vermont Virginia West Virginia Wisconsin All Canadian Provinces Yukon Territory

Fourth Quarter 2010

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Passenger Vehicle Committee Approves Two-Person Inspection Procedure By Pierre Pratte, CVSA Coordinator, Contrôle routier Québec, Société de l’Assurance automobile du Québec, CVSA Passenger Vehicle Committee, Member

– Packing Group (where required). Several years ago, the UN changed their preferred order, and most of the world has followed suit. The current shipping description order is 1 – ID Number; 2 – Shipping Name; 3 – Hazard Class or Division, and 4 – Packing Group (where required). In the U.S., either order is acceptable until January 1, 2013. While we are talking about shipping papers, we need to carefully look at the Packing Group exception. Most of us are familiar with the fact that ORM-D, Radioactive materials, Class 2 gases, and most Division 6.2 Infectious substances are not assigned Packing Groups in the Table, and therefore are excepted from the Packing Group requirement. However, go back and carefully read the packing group requirement in §172.202(a)(4): “Class 1 (explosives) materials; self-reactive substances; batteries other than those containing lithium, lithium ions, or sodium; Division 5.2 materials; and entries that are not assigned a packing group (e.g. , Class 7) are excepted from this requirement.” Explosives, most batteries, and organic peroxides therefore also do not require Packing Group listed on their shipping “Old” 5.2 Placard

papers, in spite of a PG appearing in Column 5 of the Table. The organic peroxide placard has also been changed to better represent the hazard of those materials. The “old” 5.2 placard is solid yellow, with the Oxidizing symbol in the top corner, and the Division number (“5.2”) in the bottom corner. The “new” 5.2 placard is red over yellow, with the flame symbol in the top corner, retaining the Division number in the bottom. Use of the “old” 5.2 placard is allowed until January 1, 2014, and carriers can mix the two types on the same vehicle. In addition, the UN has adopted a Globally Harmonized System of Classification and Labeling of Chemicals (GHS), to improve workplace hazard communication. The U.S. DOT has recognized this system as specifically not being in conflict with the U.S. HMR (See 49 CFR §172.401(c)(5) and http://www.unece.org/ trans/danger/publi/ghs/pictograms.html). In short, many of the regulations we enforce will be changed, revised, or removed over the length of our careers. It’s up to us, as professional inspectors, to take the time to look beyond the differences before we conclude those differences result in a violation. “New” 5.2 Placard

The Passenger Vehicle Committee agreed to a two-person team inspection procedure to inspect motorcoaches which received approvals from both the Training and HazMat committees and was adopted by Executive Committee at the 2010 CVSA Annual Conference in Anaheim, CA. The committee was asked to adapt the procedure of inspecting a motorcoach if using less than three members in the team. Some jurisdictions do not have the man power to use three officers per team, nor do they have the volume of motorcoaches to keep certification for all the members in certain areas. The procedure was originally aimed at those doing destination or terminal inspections. However, when considering a two-person team the inside inspector could easily manage a small group that decided to stay onboard during a stop somewhere. One inspector does the driver inspection and the interior of the vehicle while the other does the outside and underneath. The procedure also proposed a few changes to better the flow of the inspection thus reducing the time taken to do one. These modified steps also help in getting better visual access to hard to see parts. Now that that the two-person team procedure has been adopted, the three-person team procedure will be upgraded to reflect the amendments that came with the new procedure. The procedure was developed in Québec and tested in other jurisdictions throughout Region V before it was approved at CVSA. In essence, this allows member jurisdictions the freedom to better allocate resources for special occasions and plan operations. For Contrôle routier Québec, half of our 22 some inspectors are concentrated in large volume areas like Québec City and Montreal, however there are motorcoach-certified officers in every part of the province.

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Stepping Out of Your Comfort Zone: Learning the Fundamentals of Any HazMat Inspection By Tpr. Scott Maguire, Massachusetts State Police, Commercial Vehicle Enforcement Section, COHMED Region I Chair

Do you wave placarded vehicles through your inspection area in favor of a truck not containing hazmat? Do you watch cargo tanks drive by in favor of non-bulk or a less complicated inspection? If this sounds familiar to you, you are not alone. Let’s be honest, every single day, inspectors let many potential hazmat violations drive by because they do not have the confidence to conduct a Hazardous Materials, Cargo tank, or Other Bulk Package inspection. The ramifications of this can lead to a greater occurrence of HazMat incidents in your patrol area. Now is the time to change the way you do business. The key to overcoming this is to refresh your basic HazMat knowledge and then conduct HazMat inspections on a regular basis. Enforcement of HazMat is not like riding a bicycle, even a short absence from conducting these inspections can significantly diminish your HazMat skill set. Take some time to review your General Hazardous Materials Participant Manual. You will be surprised how much you learned and even more surprised how much you forgot. Begin with Shipping Papers. The foundation of ANY HazMat inspection is a properly prepared and verified shipping paper. This article is not intended to provide instruction but to provide some motivation to see what you’ve been missing. One way to get back in the groove is to start with non-bulk inspections. Focus first on the basics: Communications and package authorization. Follow the CVSA HM inspection process and be sure to have a current copy of 49 CFR. After doing a few shipping papers the rust will begin to shake away and you will again BUILD your hazmat skills. Also, you should not be afraid to enlist the help of a local instructor or another inspector in your area whom you know to be proficient with

HazMat. Simply tell them that it’s been a while since you’ve done HazMat inspections and you want to make sure that you are going about it the proper way. Some of these folks have an absolute passion for HazMat and welcome any chance to help someone who is interested. A day spent with a knowledgeable HazMat inspector

and then ……stand-by. With that being said, a fantastic resource to jumpstart your HazMat enforcement activity is COHMED. The annual COHMED conference is geared toward the entire spectrum of HazMat enforcement personnel. The novice inspector will benefit as much from

The time to learn HazMat is NOT at a head-on tractor trailer crash at 3 a.m. You owe it to first responders and your agency to be proficient in your area of expertise. will bring you up to speed quickly. Having the cell phone number of a good inspector or instructor is a huge help and a safety net in case you feel you have gotten in over your head. Build your skills and confidence back using just the basics. When you feel sure of yourself with these basics, step out of your comfort zone and take up more challenging inspections. This is the only way you will learn more and develop as an effective inspector. A good HazMat inspector never stops learning. It is important to repeat that HazMat inspection skills are perishable. Failure to use them on a daily or semi-daily basis will keep you stuck in that comfort zone. Set a goal to do at least one HazMat inspection per day. The time to learn HazMat is NOT at a head-on tractor trailer crash at 3 a.m. You owe it to first responders and your agency to be proficient in your area of expertise. Believe me, when there are ruptured drums of Methyl-Ethyl-Killya at a wreck and you are supposed to be the HazMat expert, all eyes will be on you. HazMat isn’t really ever a problem until it becomes a problem,

COHMED as a top agency administrator. Attendees typically leave with 20-30 contacts they have made during the 5 day training conference. The networking and training opportunities available there cannot be found elsewhere. In today’s world of email and voicemail, nothing is more effective than calling up a contact somewhere that you already know on a first name basis. It is not uncommon for agencies to send two or more inspectors to COHMED so that they can cover all the sessions they want to attend. The training sessions are instructed by enforcement and industry personnel who are top-notch in their field. Best of all, when COHMED is over you can call these folks on the phone for questions or guidance. Now is the time to start seeing the violations you have been letting pass by. With a little motivation and assistance from instructors willing to help, you can break out of that comfort zone to expand your HazMat knowledge. Let COHMED be the springboard that helps to make you an effective HazMat inspector.

Fourth Quarter 2010

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Knowing Ways to Keep Equipment on a Trailer Versus Knowing How to Meet FMCSA Requirements for Securing Heavy Vehicles By Fred Kovall, Anderson Trucking Service Inc., and Pete Trimble, Keen Transport

Knowing how to keep a piece of equipment on a trailer is one thing. Knowing how to do it and meet all of FMCSA requirements for securing heavy vehicles, equipment and machinery (393.130) is quite another. Under 393.130 (c) it states that you must use a minimum of four tiedowns. This is where it starts to get interesting. The requirement says four (4) tiedowns; it does not say four (4) chains. It is possible to use one (1) chain as two (2) tiedowns. Not only is it possible, it is legal if done correctly. When one (1) chain is used as two (2) tiedowns properly there is slack in the middle of the two (2) tiedowns and if the chain was cut in the middle it would not change or affect the two (2) tiedowns. You do this by connecting one end of the chain to the trailer. Then running the chain around or through a securement point on the cargo, then leaving

Figure A

Figure B

Figure C

slack in the middle run the chain around or through the second securement point on the cargo. Secure the chain to the opposite side of the trailer (Figure A). Next, connect the binder to the chain before it goes through or around the securement point (A) and again directly or shortly after (B) (the distance is not that critical). This is done to both sides, and there should be slack in the middle of the chain (Figure B). With the chain secured in this manner if it was cut in the middle it would not make any change to the load securement. As you can see in the diagram below the cargo is still secure. One (1) chain with two (2) binders can be made into two (2) points of securement. Even if one side of the chain were to break, the other securement point would not be affected provided there is slack in the middle (Figure C).

In the left photo the driver uses one chain two binders to provide two of the four need points of securement. In the right photo the driver is using two chains and two binders to provide two of the four points of securement. Both methods provide the same amount of securement.

Screening Versus Inspection: Where to Draw the Line Using CSA 2010 as a Tool By Alan Martin, Public Utilities Commission of Ohio, Deputy Director, Transportation With elements of CSA 2010 beginning to be implemented and multiple states already deep into the testing of the program, concerns over “screening” versus “inspecting” vehicles have become a hot topic. CVSA has been asked to look at its operational policies to ensure that it has provided appropriate guidance to enforcement personnel so that they are able to make uniform decisions throughout North America when it comes to selecting vehicles for inspection. As the trucking industry has begun to pay closer attention to not only the specific data contained in each inspection report but also how those reports have been generated concerns have arisen over how some states select vehicles for inspection. One of the primary reasons is that many in industry want to ensure that they receive credit for

good inspections the same as their record is impacted by bad ones. The concern is that in some jurisdictions, selection of vehicles may go beyond simple screening and embody many elements that could or should be considered an inspection. The trick is figuring out how and where to draw the line between a tool to screen vehicles and an actual inspection. To help make this distinction, CVSA President Dowling has created an Ad-Hoc Committee on CSA to study this issue, as well as others, and make recommendations back to the Executive Committee. The Ad-Hoc Committee will be chaired by Alan Martin and will consist of members from many of the CVSA standing committees as well as from the Associate Advisory Committee.

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How Being Actively Involved as an Associate Member Benefits the Industry By Larry Woolum, Ohio Trucking Association, Director of Regulatory Affairs, CVSA Associate Advisory Committee Past Chair

I was just like you… one of the people in the audience at a CVSA conference until I was asked to get involved by Jim McFarlin, ABF Freight System, Inc.’s Director of Safety and Security.. Initially, I just thought that it would be nothing more than running a meeting and going through the motions. But I found out, , that there were quite a few issues that Associate Members needed to weigh in on. The Associate Advisory Committee provides technical support at the committee level with individuals considered to be experts in a variety of transportation fields. We: are a conduit to manufacturers and various experts to assist in deliberation at the committee level; data and information intended to keep the organization aware of new technologies and changes taking place in the industry; sup-

port on membership drives by soliciting new members and providing organizational information to potential new members; the balance needed for the rational decision making on industry issues being deliberated by federal/state regulatory members; and, equipment and facilities to test various components and concepts that facilitate highway safety. As the Chair, I was often asked by Associate Members why we don’t have a vote on the Executive Committee. Doing some research into the issue, CVSA’s historians s the answer is in the name — “Advisory.” We are here to listen, weigh in, be heard and advise and that is valuable. I am grateful to Jim McFarlin and the members of the Associate Advisory Committee for allowing me the opportunity to get involved as committee chair. It

showed me how CVSA works and how committed the staff and Executive Committee members are. What really stood out was that everyone really, truly wants to get to the right resolution. Many Associate Members may not fully appreciate this aspect until they become a part of the process. Although I didn’t have a vote, CVSA Members and staff always listened to what I had to say. I’ve had the opportunity to serve on many committees and noted there is no cavalier attitude about making decisions. Truly, it’s a rewarding experience and reinforces your belief that the Alliance is headed in the right direction. I encourage others to get involved and take on responsibility. You will learn a lot, have a greater appreciation for CVSA, and want to contribute to furthering its mission.

Operational Policy 14 – Enhancing Roadside Inspection, Enforcement Data Uniformity By Sgt. Ray Weiss, New York State Police Operational Policy 14 was implemented to assist and support data exchange between countries, and to facilitate the reduction of DataQs for the roadside inspection data on a carrier’s profile. With input from several jurisdictions and FMCSA, the standard was developed to guide inspectors to document violations uniformly. Some violations are: “hard-coded” (unchangeable) within the electronic reporting programs to prevent inspectors from changing the out-of-service (OOS) value for those violations that are not OOS as defined by the North American Standard Out-of-Service Criteria (OOSC). Electronic roadside inspection reporting programs are great tools for the roadside inspector, however, it is time to take the next step and make them tools to enhanced roadside inspection and enforcement data uniformity and reciprocity. All CVSA certified inspectors are affected by this policy and should be familiar with its content. Most jurisdictions will need to provide guidance to their inspectors on the recommended procedures for documenting violations. It is anticipated that there will be an inservice training module developed in the near future. When it is developed, it will be available on the CVSA Member Services website under the Training Committee. The following is a brief summary of some topics of interest that tran-

spired during the Training Committee meeting held during the 2010 CVSA Annual Conference in Anaheim, CA September 21-22, 2010: Canadian Counsel of Motor Truck Administrators (CCMTA) received funding to continue their Educational Quality Assurance Team (EQAT) process on Canadian regulatory guidance. Some significant changes will require additional training for their inspectors. They have upgraded and expanded their Hours of Service (HOS) training module; The NAS Part A course will have a segment added by the National Training Center (NTC) that will show inspectors how to check for PRISM compliance; The NTC is working on a new system for submitting the course In-take forms. Currently, projecting out dates when training classes will be held over a year in advance is causing some jurisdictions problems. NTC is continuing forward with achieving accreditation from CALEA. They are also in the process of implementing a Learning Management System (LMS), expanding web-based training, expanding on-line testing, and implementing on-line electronic evaluation forms. NTC is also in the process of implementing a comprehensive Instructor Development course for most of their training programs, a Master Instructor mentoring program, and expanding the “in-state” only instructor program. Check the NTC website for updates on courses and class schedules http://www.fmcsa.dot.gov/ntc/

Fourth Quarter 2010

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CT Department of Motor Vehicles, Commercial Vehicle Safety Division Suspending Registrations of Motor Carriers Issued Federal Out-of-Service Orders

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.

By Lt. Donald Bridge, Jr., Connecticut Department of Motor Vehicles, MCSAP Coordinator, CVSA President 2006-2007 The Connecticut Department of Motor Vehicles (CT DMV), working together with FMCSA’s CT Office, has initiated a new program that will suspend the registrations of CT motor carriers who have been issued a Federal Out-of-Service (OOS) Order. For years now, FMCSA’s CT office has been providing monthly updates of CT carriers who have been issued OOS Orders by FMCSA. The list is used by CT DMV Commercial Vehicle Safety Division inspectors as a quick reference to identify those OOS carriers and to keep a watchful eye out for them. Over the past couple of years, the CT DMV has worked to strengthen its laws with regards to these OOS carriers. Recently, CT State statutes were amended, specifically section 14-35a(b), adding language that prohibits any motor carrier from operating on CT highways with a Federal OOS Order. This is regardless of the type of transportation, interstate or intrastate. While this is excellent and helps inspectors remove these OOS motor carriers once stopped for an inspection that was not enough for the new Division Chief. He wanted to do more to ensure those CT carriers with Federal OOS Orders would not operate on CT high-

ways. So working together with Legal Services and the Suspension Unit within the DMV, personnel from the Commercial Vehicle Safety Division, now have the ability to suspend the CT registration of CT motor carriers who are found to have active CT registrations. As part of the process, motor carriers will receive suspension notices for the registrations being suspended. The notice also reminds these carriers “You must not operate any motor vehicle until you receive a notice from the Department of Motor Vehicles that the restoration has been processed” and that “suspended license plates are the property of the DMV and subject to seizure by inspectors.” If the letter is not enough to get these carriers attention, removing the plates from their vehicles is a real eye opener. Recently inspectors visited a carrier and removed plates from five of their vehicles. The carrier stated, “I thought I could continue to operate in CT.” Obviously he failed to pay attention to the five notices, one for each registration. We now have his undivided attention and his registration plates. At the CT DMV, Commercial Vehicle Safety Division, safety is what we do every day working to save lives. Stay safe and Godspeed.

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Pittsburgh Police Tell CMV Drivers that Safe Operations Are Your Responsibility By Tom Jacques, Pittsburgh Bureau of Police

You might think that getting a group of experienced commercial motor vehicle (CMV) drivers and safety directors of carrier fleets to voluntarily come in to inspect their vehicles would be a challenge, but that has not been the case with the Pittsburgh Bureau of Police. Dozens of trucks lined up as early as 8 a.m. and for the past three years, the safety event called Operation Safe Operations Are Your Responsibility (SOAR), continues to grow in popularity, We’ve gone from inspecting 40 CMVs to hosting an event for more than 400 people and inspecting 150 trucks in eight hours. We had 40-45 inspectors come from throughout western PA, from counties pretty far away, as well as local Pittsburgh Police. This year’s event took place in the Heinz Field parking lot August 28, 2010 and was sponsored by the Pittsburgh Bureau of Police, the Pennsylvania State Police and the Allegheny County District Attorney’s Office. Operation SOAR evolved because typically the only law enforcement we do

is handing out a ticket. We would hear from drivers that the Pittsburgh Police “pulled us over, found the following violations.” That just leaves them with a bad taste. We wanted to be more proactive and educate them about the process of being a safe and responsible driver or carrier. That way, the next time they hopefully won’t have the same problem. The main reason why we do this event is because we do many one-on-one inspections with safety directors and drivers on a regular basis and they know our intent is more to promote safety than issuing violations and industry feels it is a great day of education. We tell the companies when we advertise this event that it is not an enforcement day and its free. We also offered free tows of vehicles until the vehicle passes inspection and is deemed safe. In all, we towed about 12 tractor trailers off the site, three brought their vehicles back and one company brought it back two times until it passed. We had many learning stations including one for overload weight inspections; one showing how to do load

Securement; Hours of Service; as well as a registration station where we explained how to register and how to stay in compliance with federal regulations. In addition, FMCSA’s senior transportation specialist, Brian Price came out to do a presentation on the Comprehensive Safety Analysis (CSA 2010), which was well received by everyone. The 40 x 40 tent we had was packed and overflowing. The majority of truck drivers who attended said they had very little info on CSA 2010 and that it helped out a great deal to rest bad rumors of what it would entail. The perception was that CSA 2010 drivers would start losing their jobs when CSA 2010 takes effect. Instead they came away learning it was more of an informative tracking tool and how it will help them do their job the right way. These are folks who want to learn how to improve. We also went to truck driving schools and passenger car driving schools and to students and first time drivers and invited them to attend. We had a group of about 30 students from the All State Career School in West Mifflin show up wanting to learn about the ‘No-Zone,’ wide turns and other key, safe driving tactics from CVSA’s Operation Safe Driver program about driving safely. Another added benefit is that the inspectors that help support the event wind up learning quite a lot from each other. Like as is the case at CVSA’s North American Inspectors Championship (NAIC), there is a lot of learning by inspectors from inspectors. Finally, we couldn’t do this without PITOHIO who has been a financial sponsor of the event since the beginning and continues to be our number one event supporter by provided beverages and a staff of three of people cooking all day.

Fourth Quarter 2010

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Québec Assesses the Conduct of Heavy Vehicle Drivers and Recognizes Excellence

On January 1, 2011, the Société de l’assurance automobile du Québec will implement the Conduct Review Policy and Excellence Program for Heavy Vehicle Drivers. These initiatives aim to identify drivers who pose a risk to road safety and the integrity of the road network and to recognize the excellence of professional drivers. The Conduct Review Policy for Heavy Vehicle Drivers will help the Société identify drivers who exhibit risky behaviour and gradually intervene in order to correct the situation. Assessment will take into account offences that were committed and accidents that occurred over the last 24 months while the driver was at the wheel of a heavy vehicle. Weighting is given to events depending on seriousness with respect to road safety. Three conduct areas were identified, and thresholds were determined for each. Certain events are not weighted, but are considered as critical events with respect to road safety or the preservation of the integrity of the road network. Speeding at 41 km/h or more over the speed limit or driving through a tunnel with dangerous substances are examples of critical events. The Société identifies drivers whose conduct must be subject to examination by the Commission des transports du Québec. The Société immediately refers the record of drivers:

The Conduct Review Policy for Heavy Vehicle

• •

Drivers will help the Société identify drivers who exhibit risky behaviour

• who reach or exceed the threshold of any of the conduct areas; • who are holders of a learner’s licence or a probationary driver’s licence and who drive or have the care or control of a heavy vehicle when there is alcohol in their body; • who drive or have the care or control of a heavy vehicle with a blood alcohol concentration over 80 mg per 100 ml of blood; • who refuse to obey the order of a peace officer, in particular to submit to a physical coordination test or to provide a breath, blood, or other type of sample; • who are solely responsible for having sufficient events entered in their record to result in the operator’s

•

(employer’s) record being referred to the Commission; when a fatal at-fault accident is entered in their record; whose record has reached the stage of a second-level warning (reaching 75% of the threshold in any of the conduct areas) AND who have been involved in a critical event within the last two years; have been involved in two critical events that occurred within two years of each other; in the case of an emergency or a situation which, in the opinion of the Société, endangers the safety of the users of roads open to public vehicular traffic or threatens the integrity of those roads.

The Commission will then assess the heavy vehicle driver’s conduct in order to determine whether corrective measures, such as training, should be imposed and could ultimately issue an order barring the driver from driving a heavy vehicle. The Excellence Program for Heavy Vehicle Drivers aims to recognize exemplary conduct with regards to road safety. Drivers can apply for the program free of charge by completing a form and meeting the following criteria: • Must have travelled at least 10,000 km per year at the wheel of a heavy vehicle; • Must not have committed offences while driving a heavy vehicle;

Conduct Areas

Threshold

Events Considered

Level

Operational safety

12 points

Any offence related to road safety, including “driver” out-of-service orders

Bronze................................6 months

Involvement in accidents

9 points

Any “at-fault accident” for which a peace officer completes an accident report

Silver......................................2 years

Overall driver conduct

14 points

Combined total of weighted events in the other two conduct areas “Operational Safety” and “Involvement in Accidents”

Gold ......................................5 years

Minimum experience

Platinum ..............................10 years

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Nunavut Officers Receive CVSA Certification in North American Standard Inspection Procedures By Reg Wightman, Manitoba Infrastructure and Transportation, CVSA Program Development Coordinator, Region V Vice President

Shown above are (R-L) Bob Kinley, Angie Brown (in a prototype of the new blue coveralls all MCEOs will soon be wearing), James Demcheson, Jodi Vercruysse and Simeoni Samok and at the Rosser Weigh Inspection site north of Winnipeg, MB.

• Must not have been responsible for an accident while driving a heavy vehicle; • Must not have been the subject of criminal charges related to driving or their employment duties; and, • Must not have accumulated more than 3 demerit points on their driving record per 24-month period (regardless of type of vehicle driven). Drivers must then apply for one of the excellence levels shown below. The Review Policy and the Excellence Program are intended only for holders of a Québec driver’s licence driving heavy vehicles registered in Québec. You can read the Conduct Review Policy and Excellence Program for Heavy Vehicle Drivers on the Société’s Web site at http://www.saaq.gouv.qc.ca/en/heavy/ hvoo/index.php.

As part of a MOU with CVSA and an overriding MOU between the Territory of Nunavut and Province of Manitoba, four officers from Nunavut came down to Winnipeg, MB on August 27th, 2010 to get CVSA certified in the North American Standard Inspection Procedure. On August 30th, 2010, James Demcheson, Simeoni Samok, Dave Petryshen and Gordon Higgins commenced CVSA classroom training. The following week saw them conduct their first NASI Level I inspections under the guidance of several of the Motor Carrier Division’s certified CVSA commercial truck inspectors. For those of you who have no idea where Nunavut is — it is the largest and newest federal territory of Canada; having separated officially from the Northwest Territories on April 1, 1999. The creation of Nunavut — meaning “our land” in Inuktitut — resulted in the first major change to Canada’s map since the incorporation of the new province of Newfoundland in 1949. Nunavut comprises a major portion of Northern Canada, and encompassing a land mass the size of Western Europe. But it is the least populous and the largest in geography of the provinces and territories of Canada. The capital Iqaluit (formerly “Frobisher Bay”) on Baffin Island, in the east, was chosen by the 1995 capital plebiscite. Other major communities include the regional centres of Rankin Inlet and Cambridge Bay. Nunavut also includes Ellesmere Island to the north, as well as the eastern and southern portions of Victoria Island in the west and Akimiski Island in James Bay to the far south. Although English and French are spoken in Nunavut, over 86% of the 29,474 people that inhabit the Territory are Inuit and Inuktitut is the most prominent language spoken.

Fourth Quarter 2010

Working Together For Excellence By John Lunney, New Brunswick Department of Public Safety, Manager, Commercial Vehicle Enforcement Operations

“Working together for excellence” is our Department of Public Safety’s mantra as we move towards achieving excellence in service delivery. Coincidentally it is how I believe the Atlantic Canadian region’s Commercial Vehicle Enforcement Industry is walking the walk so to speak. For a few years now the Atlantic Canadian Provinces’ CVE divisions (New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland Labrador) have recognized we can not do it all. With limited budgets and resources and what seems like continuous constraints put on us by governments as well as the very times themselves we have been forced to look outside the box in terms of how we educate industry and train our officers and host CVSA lead initiatives. Over the past few years the Atlantic region has held joint Transportation of Dangerous Goods task force meetings, Joint CVSA Instructor Training, Joint CVSA training, joint motorcoach training, and working in partnership at events such as Operation Air Brake. Each year over the past several years the three Maritime Provinces have deployed officers in each of the respective provinces to work collaboratively on promoting safety and CVSA. There is always industry presence and often there are BBQ’s hosted by local trucking associations and their partners. It should be noted that our Newfoundland partners are eager to attend as well but the 750 or so km (465 miles) of ocean between us and them is a bit of a constraint. We never take the “us vs. them attitude” we recognize that building and maintaining partnerships both internally in enforcement and with our transportation industry partners is the key to success and excellence in service delivery. Comments from drivers that participate in these events are very satisfied with the level of service and that they can often get all of their jurisdictional concerns and questions answered in one stop. As we head into the future my crystal ball prediction is that we will continue to foster the relationship between provinces and share resources to ensure we have the must current training and expertise to uphold CVSA’s mission promoting commercial motor vehicle safety and security by providing leadership to enforcement, industry and policy makers.

www.cvsa.org

Fort Worth Police Department Joins CVSA By Ofc. Robert Mills, Fort Worth Police Department, Locals Vice President

The Fort Worth Police Department Commercial Vehicle Enforcement Unit has been an active MCSAP agency since 2002 and recently became members of CVSA. The team of four officers, R Mills, H. Tokheim, O. Janke, and N. Tucker inspect over 2000 commercial vehicles each year. The unit, which is supervised by Sgt T. Ellis participate in national programs such as Roadcheck and Operation Airbrake. Fort Worth, Texas which has a population of about 760,000 people, has approximately 332 square miles. These officers’ are responsible for enforcing the Federal Motor Carrier Safety Regulations, applicable Texas laws and city ordinances for the entire city. Recently, the CVE unit started a Carrier Safety Education Program. This program was started to bring motor carriers into compliance through driver and carrier education. Officers conduct inspections at carrier terminals, participate in driver safety meetings and meet safety leaders from carriers in order to educate them on their deficiencies and prepare them for CSA 2010. The CVE unit is very active in local safety councils in the DFW area. Officers Mills and Tokheim recently attended the CVSA conference in Anaheim California. Both officers were active in several committees. Officer Mills was elected Vice President for the local enforcement region and plans on recruiting other municipal MCSAP agencies to join and be an active member of CVSA. Fort Worth officers are gearing up for “Operation Safe Driver” which kicks off October 17th. Fort Worth’s goal is to maintain the reduction in commercial vehicle crashes and to be the safest largest city in the United States.

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REGIONAL RAP

RETIREMENTS After 38 years with the Idaho State Police Capt. Lamont Johnston will be retiring September 30, 2010. For the last 10 years he has been in charge of the Idaho MCSAP program as the Commander of the Idaho State Police Commercial Vehicle Safety (CVS) program. Johnston was a member of the CVSA Training Committee for ten years and served on the Executive Committee as Region IV Vice President and President from 2005 – 2009. Replacing Captain Johnston will be Lt. Bill Reese who will be promoted to Captain (CVS Commander) October 3, 2010. Reese has been with the Idaho State Police since September of 1986. In February of 1991 he transferred into the CVS division where he served as a Hazardous Materials Specialist until March of 2002 when he was promoted to Sergeant. He served as a Sergeant in CVS until December of 2003 when he was promoted to the CVS Lieutenant. Reese is the co-chair of the RAM Subcommittee, currently chairs an Ad Hoc committee, has served on the HazMat committee and is currently serving on the Training Committee. He is currently the COHMED National Vice Chair. Replacing Lt. Reese will be Sgt. Jim Eavenson who will be promoted to Lieutenant (Deputy CVS Commander) October 3. Eavenson started his law enforcement career at age 19 as an Air Force Security Policeman. He has been with ISP for 18 yrs (19 in January). He came to CVS in June of 1997 and was assigned to HazMat in April of 2000. He was promoted to Sgt. in August 2003. Eavenson served on the CVSA Vehicle Committee from 2004 to 2007.

PASSINGS M/MCI Robert E. Pitcher, Indiana State Police Commercial Vehicle Enforcement Division On Sunday, September 26, 2010 at approximately 1:30 PM, Master Motor Carrier Inspector Robert E. Pitcher of the Indiana State Police Commercial Vehicle Enforcement Division was killed in a vehicle crash while on duty. The crash occurred as M/MCI Pitcher was en route along Westbound I-70, in Wayne County at approximately the 137 Mile Marker. M/MCI Pitcher, a 22 year veteran of the I.S.P. Commercial Vehicle Enforcement Division was transporting the Performance Based Brake Tester, (PBBT), to northern Indiana for a Monday morning Passenger Vehicle Inspection Project when his vehicle left the travel portion of the roadway and crossed the grass median striking an Eastbound Semi, (Car Hauler). The Commercial Vehicle Driver was transported for injuries including burns. M/MCI Pitcher was pronounced dead at the scene. The exact cause of the crash is still under investigation. M/MCI Pitcher was preceded in death by his wife, Barbara and his father Pete. He is survived by two children and two grandchildren. M/MCI Pitcher was respected and loved for his helpful nature and honest, hard working attitude. His last and final act was one of volunteerism to assist the Passenger Vehicle Inspection team by operating the PBBT for a scheduled detail.

TRANSFERS Capt. Rich Munroe transferred into the Colorado State Patrol’s Motor Carrier Safety Assistance Unit in September of 2010. Munroe is a 24-year veteran of the agency; however this is his first assignment in the commercial vehicle enforcement. He is excited to be a member of the unit and will be in attendance representing Colorado at the Spring 2011 CVSA meeting in Chicago. Capt. Ron Prater of the Colorado State Patrol’s Hazardous Materials Unit transferred to a field position on September 1, 2010. As a result, effective September 20, 2010 Sgt. Matt Packard of the Colorado State Patrol’s Homeland Security Section was promoted to the rank of Captain and stationed in the Hazardous Materials Unit replacing Capt. Prater. Capt. Packard is a 10-year veteran of the Colorado State Patrol. Although new to hazardous materials enforcement and response, Capt. Packard has an extensive background in homeland security issues and is excited about his new position and plans to attend the COHMED conference in the January of 2011. Region III and Colorado offers its congratulations and welcomes Captains Packard and Munroe as two new members of our region.

Fourth Quarter 2010

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INDUSTRY SPOTLIGHT

Spreading the Word About Safe Trailering By Joe Cook, U-Haul International, Director of Government Relations

As the leader in the do-it-yourself moving industry, U-Haul takes pride in being at the forefront when it comes to safety. Each year, U-Haul provides information for high school students across the country and millions of its own towing customers in an effort to make for an enjoyable experience. The Policies and Guidelines for a “Safe Trailering” Driver Education Program was developed by U-Haul in conjunction with the American Driver and Traffic Safety Education Association (ADTSEA) in 1976 and incorporated into high school driver-education programs. U-Haul updated the program in 2008 and reintroduced it at the ADTSEA national conference that year. As part of this program, a number of supporting items have been developed to educate current and future towing customers. Driver’s education instructors are provided with a booklet of Safe Trailering Policies and Guidelines, which explains basic, practical trailering information and guidelines for beginning drivers and firsttime trailer/towing customers. Anyone can download a free copy on uhaul.com at: www.uhaul.com/about/publication.ashx? id=20311.

Most people who tow don’t realize they should use the 60-40 principle when loading their trailer – loading heavier items, or 60 percent of the load’s weight, in the front of the trailer to reduce the possibility of swaying.

www.youtube.com/watch?v=kZkjOG IP85o • “Safe Trailering” Video Part 2: www.youtube.com/watch?v=UZ8DR C_fWSg

Instructor guidelines, student brochures, DVDs and stand-alone CD-ROMs comprise the Safe Trailering Driver Education Program materials that U-Haul provides free of charge.

A student brochure, supplemental video modules and an interactive safe-trailering course that can be used as a standalone course on a PC, or as a Web-based course, were added in 2009 and 2010. The video modules can be viewed on YouTube by anyone with Internet access. These videos are the result of decades of knowledge gained while U-Haul conducted extensive testing of its trailers under various sets of circumstances. These videos offer a wealth of information about trailering, such as matching the vehicle to the trailer, hooking up the trailer, proper loading, identifying problems and much more. The program emphasizes proper loading. Most people don’t realize they should use the 60-40 principle when loading a trailer – loading heavier items, or 60 percent of the load’s weight, in the front of the trailer to reduce the possibility of swaying. The video modules on YouTube have generated more than 17,000 views. To watch them, visit: • “Safe Trailering” Video Part 1:

In addition to all of the mentioned sources, trailer-use instructions are also available on the rental contract and online. With all of this information available, a customer would have to go out of their way to miss it. “The driver is the most important factor in having a safe trailering experience,” stated Tom Prefling, director of UHaul Communications. “With the safe trailering program, we can convey the necessary information to high school students and to our towing customers through numerous sources and educate them before they begin their tow.” U-Haul continues to work with the ADTSEA to educate the public about safe trailering. Prefling and Jim Fait, director of U-Haul Engineering Services, have attended 36 national, state and regional driver education and safety conferences to present the “Safe Trailering” Program and materials. U-Haul is a corporate sponsor of ADTSEA, and Prefling is a member of its executive committee. Trailers remain one of the most popular, sustainable and cost-effective ways for individuals, families and businesses to move their belongings. The trailering activities of North Americans have become increasingly broad each year and the need for trailering education has increased accordingly. The driver is the most important factor in completing a pleasant trailering experience, and thanks to the U-Haul Safe Trailering Program, present and future towing customers have the knowledge to make that happen.

Guardian

Cargotank Truck Rollover Prevention Video Result of True Safety Partnership By John L. Conley, National Tank Truck Carriers, Inc., President

National Tank Truck Carriers was proud to work with the safety professionals at Federal Motor Carrier Safety Administration and Pipelines and Hazardous Materials Safety Administration to produce a new Cargo Truck Rollover Prevention video that is directed to the tank truck driver. While the focus of the video in on cargo tank operations, the information provided can benefit any commercial vehicle. The rollover prevention video is especially effective because it features truck drivers delivering a message to fellow cargo tank drivers. While the tank truck industry is regarded as among the safest segments of the trucking industry, it does have a special challenge in reducing rollovers.

The video features comments from drivers who either have had rollovers or have come close to experiencing a rollover. Their testimony on their own experiences are interwoven with straightforward information on tank truck vehicle dynamics, potential dangerous situations to be avoided, and the importance of maintaining focus at all times. While it is sometimes walking on thin ice to recognize the efforts of just a few individuals when a successful product is produced, it would be safe to say that Suzanne Rach of FMCSA, James Simmons, now with PHMSA, and Becky Perlaky from Kenan Advantage Group would be among nominees for the Academy Awards.They would be joined by

a strong cast of drivers from Florida Rock and Tank Lines, the Kenan Advantage Group, Eagle Transport, Transport Service Company and SMF Energy Corporation. The video should be the basis for many safety meetings as so many subjects are discussed. Drivers could be encouraged to share their own experiences as well as to suggest ways that they drive to avoid rollovers. The training should go far beyond the driversâ&#x20AC;&#x2122; room to all parts of the company. From the company president, to the dispatcher to the mechanic who works on the tractor and trailer, everyone in the trucking company can support the driver who is the key to preventing rollovers. There are a number of ways of obtaining the video. It is available for free downloading at http://www.fmcsa.dot.gov/ about/outreach/cargo-tank-video.aspx. PHMSA will mail copies of the video to all companies that have registered for an HM permit in the fall. National Tank Truck Carriers has copied the video and sent it to all of our members and would be happy to send a copy to anyone who contacts us at 703/838-1960 or sends an email to nttcstaff@tanktruck.org. Cargo tank rollovers, while statistically infrequent, have received considerable

Fourth Quarter 2010

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It is available for free downloading at http://www.fmcsa.dot.gov/about/outreach/ cargo-tank-video.aspx. attention from industry and government in recent years. The new video is one of many tools that NTTC and the Department of Transportation have developed to reduce cargo tank rollovers. One of these was a safety alert issued by PHMSA that shows the importance of slowing down when approaching exit and entrance ramps. FMCSA sponsored an excellent Cargo Tank Roll Stability report conducted by Battelle and released in April 2007. That report is available on the FMCSA website and focuses on the roles of the driver, the vehicle, the road, and vehicle stability control devices in cargo tank rollovers. Two findings of that study that often surprise even experienced industry and law enforcement veterans were that only about eight percent of cargo tank rollovers occur on exit ramps and fully 25 percent of cargo tank rollovers involve straight trucks. NTTC and FMCSA hosted three Cargo Tank Rollover Prevention Safety Summits in 2007 in Baltimore, St. Louis, and Oakland. Tank truck safety executives, top level FMCSA safety specialists and tank truck engineers discussed causes of rollovers and approaches to reducing them. Several safety executives from NTTC member companies have worked with NTTC associate member J J Keller Inc. to develop a series of cargo tank rollover issue posters. The series of posters addresses such topics as vehicle stability, distracted driving, weather and road con-

ditions, and driving at a safe speed. Each poster is accompanied with a brochure and test for the driver and an envelope stuffer which can bring the safety message into the driverâ&#x20AC;&#x2122;s home. Several tank truck carriers have developed poster and information posters of their own that feature their own drivers and equipment. In early August, the National Transportation Safety Board conducted a twoday investigation into a rollover that

occurred in Indianapolis in 2009 and used that crash as a springboard to develop information on cargo tank rollovers in general. Several expert witnesses from government and industry provided very useful information. The presentations and material prepared for the hearing can be found on the NTSB website http://www.ntsb.gov/. Tank truck rollovers do not happen often, but when they do they can have bad results with damage to people and property. By working together, government and industry can be successful in meeting this safety challenge as we have so many others. Coziness can be a good thing. Please get a copy of the Cargo Tank Rollover Prevention video and share it with others in the safety community.

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

This issue of Guardian is chock full of some great stories about what our members are doing in furtherance of CVSA’s mission. For those of you who were able to attend the Annual Meeting you witnessed Ed Kynaston, one of CVSA’s founders, discussing what brought the organization into existence. Fortunately we were also able to interview him for this issue and you can see that the vision he and others had 30 years ago still is alive and well today! While in California I had the chance to talk with Ed, and he mentioned something that really struck me. He said that he had the chance to look at CVSA’s website and it was his impression we seemed to be more focused on growing and expanding the organization than what it was we were founded to do. He said we should remember to keep things simple. After reflecting more on the conversation I think he is right. A key theme President Dowling and I are working on throughout his year in office is “strengthening our core”. While there are many programs and initiatives going on across North America to help in saving lives, CVSA’s core programs are the foundation on which many of them are built. We cannot lose sight of the fact that the roadside inspection program continues to save countless lives and we need to make sure that we remain diligent and focused on keeping it strong, credible and relevant. When I interviewed for the Executive Director’s job one of the questions I was asked was what I would do to enhance the relationships CVSA enjoys with the various stakeholders we deal with. My answer was several-fold; however, my first point was to ensure that CVSA stays in the forefront of working on meaningful legislative, regulatory, policy and pro-

Stephen A. Keppler

grammatic issues that affect our programs. This is critical as it helps to promote the Alliance and its activities, gives it credibility and attracts attention from outside organizations. I think this is consistent with Ed’s thinking – we need to make sure we don’t lose sight of what got us to where we are today. People we have never met and don’t even know are counting on us to do what is right. As we move further into the second decade of this century it is even more important than ever that we have clarity and focus in our goals and objectives. We also have to execute on our strategies for meeting those goals and objectives. The

recent success we have had in driving down the deaths on our highways resulting from large truck and bus crashes is a testament that what all of you are doing does have clarity, focus and execution. The numbers are staggering. Between 2008 and 2009 in the U.S. the deaths from large truck related crashes went from 4,229 to 3,380, a 20 percent decline in one year! While this is certainly good news, we need to continue to have a razor sharp focus at moving the needle down even more – towards zero deaths. We need to share success stories whenever and wherever we can so that others can replicate them. We need to continue to bring others into the dialogue so we can enhance our learning and help further the CVSA safety culture to others that can affect positive change. Lastly, don’t forget for one minute that each of you is an important part of the puzzle that makes up CVSA. This is your organization, and you get out of it what you put in. All of you are here for different reasons, but WE are here to save lives – working together towards a common goal that started 30 years ago. We have the founders of CVSA to thank for getting us started, and we have a responsibility to continue their legacy.

CVSA Executive Committee, Committee & Program Chairs PRESIDENT

VICE PRESIDENT

SECRETARY/TREASURER

Capt. Steve Dowling California Highway Patrol

Maj. David Palmer Texas Department of Public Safety

Lt. Thomas Kelly Maine State Police

REGION PRESIDENTS

REGION VICE PRESIDENTS (Non-Voting)

PAST PRESIDENTS

Region I Sgt. David Medeiros Rhode Island State Police

Region I Sgt. Raymond Weiss New York State Police

Region II Capt. Bruce Bugg Georgia Department of Public Safety

Region II Capt. Craig Medcalf Oklahoma Highway Patrol

Francis (Buzzy) France, Maryland State Police Darren E. Christle, Manitoba Infrastructure and Transportation Capt. John E. Harrison, Georgia Department of Public Safety

Region III Maj. 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

ASSOCIATE NON-VOTING MEMBER

Tom Jacques Pittsburgh Bureau of Police

Robert Mills Fort Worth Police Department

Larry Bizzell, Chair Associate Advisory Committee, FedEx Express

COMMITTEE CHAIRS

PROGRAM CHAIRS

Associate Advisory Larry Bizzell Committee FedEx Express Driver-Traffic Enforcement Capt. Dan Meyer Committee Kansas Highway Patrol Hazardous Materials Capt. Bruce Bugg Committee Georgia Department of Public Safety Information Systems Capt. William ( Jake) Elovirta Committee Vermont Department of Motor Vehicles Intelligent Transportation Cpl. Rick Koontz Systems Committee Pennsylvania State Police Passenger Carrier Timothy Davis Committee Massachusetts Department of Public Utilities Program Initiatives Sgt. William (Don) Rhodes Committee South Carolina State Transport Police Size and Weight Capt. Jay Thompson Committee Arkansas Highway Police Training Committee Capt. Craig Medcalf Oklahoma Highway Patrol Vehicle Committee Kerri Wirachowsky Ontario Ministry of Transportation

Level VI Inspection

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 Mauricio Hinojosa, Secretaria de Comunicaciones y Transportes (SCT) Adolfo Spinola, Secretarìa de Seguridad Publica, Policìa Federal Preventiva

Carlisle Smith Public Utilites Commission of Ohio COHMED Tpr. Rex Railsback Kansas Highway Patrol International Safety Team Capt. Bill Dofflemyer Maryland State Police Saved by the Belt Sgt. David Medeiros Rhode Island State Police Operation Safe Driver Lt. Col. Jack Hegarty Arizona Department of Public Safety Operation Airbrake John Meed Saskatchewan Ministry of Highways and Infrastructure Roadcheck John Meed Saskatchewan Ministry of Highways and Infrastructure North American Inspectors M/Tpr. R.C. Powell Championship (NAIC) Virginia State Police

Paul Tamburelli Checkmark Vehicle Safety Services Inc.

Level VI Classes Scheduled for 2010/2011

Guardian

Level VI National Instructor Receives State Police Enforcement Award

Under a cooperative agreement with the U.S. DOE, CVSA has scheduled the Level VI classes for 2010/11 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 and first part of 2011 (as of the printing of this article): ■ Austin, TX–November 8-11 ■ Carlsbad, NM–November 16-19

Industry Awareness Class ■ Carlsbad, NM–December 13-16 ■ Austin, TX–January 12-13, 2011

Level VI “Train the Trainer” Course ■ New Baintree, MA–March 21-24 ■ Salinas, KS–July 11-14 ■ Sacramento, CA–October 17-20

Any state interested in hosting a class or needs inspectors trained is asked to contact Larry D. Stern, Director Level VI Inspection Program, at larrys@cvsa.org or 301-830-6147.

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

On June 11 a Pennsylvania-based State Police motor carrier enforcement supervisor known for his dedicated efforts in promoting commercial vehicle safety was honored as the State Police Enforcement Officer of the Year for 2009. Pennsylvania State Police Commissioner Frank E. Pawlowski presented the award to Motor Carrier Enforcement Supervisor Rion A. Stann, who is assigned to Troop R, Dunmore, during a ceremony at the State Police Academy in Hershey, PA. “Supervisor Stann is a nationally-recognized instructor in the field of motor carrier safety inspections and is committed to ensuring the safety of all motorists, both through education and enforcement, “Pawlowski said. “He’s a highly-motivated individual who identifies problems and finds ways to solve them.” Pawlowski said Stann developed an education program last year to address specific issues created by the increase in commercial vehicle traffic associated with gas drilling operations in the Marcellus Shale rock formation areas of Pennsylvania. “Stann presents the program to companies involved in these operations as a way of reducing or eliminating problems,” Pawlowski said. He added Stann also initiated a separate outreach program for the Troop R area in 2009 and delivered safety lectures to a number of motor carrier businesses. Stann serves on the associate training staff of the U.S. Department of Transportation’s National Training Center. He is actively involved in CVSA, serving as a voting member on the Hazardous Materials Committee and Radioactive Materials Subcommittee. Stann is one of nine national instructors for the CVSA Level VI High Level Radioactive Material Inspection Course. Stann became a motor carrier enforcement officer in 1994 and was promoted to motor carrier enforcement supervisor in 2005. Stann was nominated for the award by Capt. James E. Degnan, the former commander of the Patrol Section at Troop R, Dunmore, who recently was named commanding officer of Troop P, Wyoming.

Fourth Quarter 2010

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NNSA, FBI Train First Responders in Addressing WMD Terrorism

The National Nuclear Security Administration (NNSA) announced the completion of a table-top counterterrorism exercise at the Massachusetts Institute of Technology (MIT). The exercise was the NNSA Counterterrorism Exercise Program’s 85th, and the latest in the Silent Thunder series, which give federal, state and local officials and responders critical, hands-on experience in crisis management, emergency response, threat assessment, consequence management and post-contingency procedures in the event of a terrorist incident involving radiological materials. Exercises take place in locations across the U.S. The series is jointly organized and funded by NNSA’s Global Threat Reduction Initiative, NNSA’s Office of Counterterrorism and the Federal Bureau of Investigation (FBI). These exercises involve fictitious scenarios such as those including terrorists infiltrating a research facility and attempting to

seize control of a high-activity radiological source that in principle could be used in radiological dispersal devices (RDDs), commonly referred to as “dirty bombs.” “Silent Thunder illustrates how NNSA’s investment in nuclear security is providing the technical knowledge and capabilities to protect our country against terrorist attacks,” said Deputy Under Secretary for Counterterrorism Steven Aoki. “These exercises are critical to improving cooperation among federal, state and local officials, and we welcome the opportunity to work with organizations like MIT to ensure effective planning, communication and response coordination.” The MIT exercise involved a fictitious scenario involving radioactive materials. MIT expertise in both radiation technology and security was a valuable contribution to the exercise, which also involved first responders from the city and state level. Started in 1999, the Counterterrorism

Exercise Program took on an expanded role following the tragic events of September 11, 2001. Since the program began, over 5,700 federal, state and local officials have participated in 85 different exercises. To promote full participation by state and local officials, Silent Thunder exercises are unclassified and utilize open source information for scenario development. Established by Congress in 2000, NNSA is a semi-autonomous agency with the U.S. Department of Energy responsible for enhancing national security through the military application of nuclear science in the nation’s national security enterprise. NNSA maintains and enhances the safety, security, reliability, and performance of the U.S. nuclear weapons stockpile without nuclear testing; reduces the global danger from weapons of mass destruction; provides he U.S. Navy with safe and effective nuclear propulsion; and responds to nuclear and radiological emergencies in the U.S. and abroad.

Demand Increases for Level VI Training CVSA hosted four Level VI Training classes, one Train the Trainer course, one Industry Awareness class, and the Level VI National Instructors Meeting. The classes were held in Carlsbad, NM, January 18-22; Blythewood, SC, January 25-28; the Level VI National Instructors Meeting in Phoenix, AZ, February 23; Level VI Train the Trainer Course in Phoenix, AZ, February 24-25; Springfield, Il, May 17-20; Nashville, TN, July 12-15; and Albany, NY, August 9-12. The students were from 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 Transport Police, Michigan State Police, Iowa Office Motor Vehicle Enforcement, Nebraska State Patrol, Virginia State Police, Ohio PUC, West Virginia PSC, New York State Police, Illinois State Police, Idaho State Police, Tennessee Highway Patrol, Kentucky State Police,

Pennsylvania State Police, California Highway Patrol, Tucson Police Department, Illinois Bureau of Environmental Safety, Kentucky Radiation Health, FMCSA, Nuclear Fuel Services, CAST Transportation, and Visionary Solutions, LLC. As reflected by the evaluations and comments received, instructors—Carlisle Smith, Ohio PUC; Tony Anderson, Idaho State Police; Todd Armstrong, Illinois State Police; Rob Rohr, Ohio PUC, Rion Stann, Pennsylvania State Police; Tom Fuller, New York State Police; Reggie Bunner, West Virginia PSC; Pat Fiori, California Highway Patrol; Richard Swedberg, FMCSA—did a great job instructing the classes. CVSA appreciates the instructors and the support they received from their individual departments that allowed them to instruct these important classes. CVSA also commends the DOE, Visionary Solutions, LLC, and CAST Transportation for taking the TRUPACT unit to the training sites makes it possible to have the practice exercises.

Guardian

U.S. DOE Engages in Complex Environmental Management Site Cleanup Program This is the second of several articles regarding the DOE’s Site cleanup program. Richland Washington Operations Office At the Hanford Site, the DOE is engaged in one of the most complex and challenging environmental cleanup projects in history. From the 1940s through most of the 1980s, the U.S. used the site to produce nuclear material for national defense. The mission changed in the late 1980s from production to environmental cleanup. The CH2M HILL Plateau Remediation Company (CHPRC) assumed responsibility for the Plateau Remediation Contract on October 1, 2008. CHPRC has completed 50 shipments to Perma Fix Northwest, three shipments to Energy Solutions, and five shipments to Perma Fix East (Kingston, TN). As part of the cleanup activities, over the past year, Washington Closure Hanford has averaged 200 shipments a day to the Environmental Restoration Disposal Facility (ERDF). That material comes

from the demolition of buildings, soil remediation and burial ground remediation, and other projects. In 2009, there were 17 shipments of either mixed low level waste or hazardous waste to off site facilities for treatment and disposal or treatment and return for disposal. So far in 2010, thirteen shipments have been made. The truck working on the River Corridor Closure Project recently logged 15 million miles transporting waste for disposal at Hanford’s ERDF. This is the equivalent of more than 600 trips around the Earth. ERDF is the onsite disposal facility for cleanup wastes at the 586square-mile Hanford Site in south-central Washington State. Most of the 9.3 million tons of contaminated material disposed at ERDF since it opened in 1996 came from waste sites located near the Columbia River. Not all transportation in support of EM activities involves hazardous or radioactive materials. However, they can be just as challenging. For example, transporting the 80-foot long silo weighing

approx. 90,000 pounds – a component of the glass forming equipment. The silo was shipped from Wausau, WI to the jobsite. And transporting an 185,000 lb shield door for Pretreatment Facility. The trailer is a 32 axle beam trailer, shipped from Vancouver, WA to Richland, WA.

Fourth Quarter 2010

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Trupact-III Completes Design, Certification for Transporting Contact-Handled Waste

Design and certification efforts are complete for the TRUPACT-III, which will be also be used for transporting contacthandled waste. The rectangular shaped package is designed to accommodate large boxes of contact-handled was too large to fit within the TRUPACT-II. The design consists of a roughly spare lid structure, secured with 44 highly-torqued bolts to the rectangular body. Like the TRUPACT-II containment structure, it is fully enclosed within polyurethane foam-filled components. The containment structure itself is a highly-stiffened structure fabricated from high-strength, duplex stainless steel. Most shipments will again fall in the legal weight category, but the design is such that some

Visit CVSA’s Level VI Website for the Minutes of the Level VI Inspection Program Meeting in Anaheim

slightly overweight shipments can be accommodated if desired. Here is the status of the TRUPACT-III: • DOE received NRC’s Certificate of Compliance in May 2010; • Six units are being manufactured by ABW in Arlington, WA; • Target of June 2011 for first shipment, ramp up to 5 shipments per week by end of CY 2010; • Mock-up unit available by February 2011 for road shows and/or training; and, • CVSA’s Level VI Program will be addressing the TRUPACT-III in the Level VI Inspection Criteria and Training. …the most up-to-date information

WIPP SHIPMENTS RECEIVED AT CARLSBAD as of September 20, 2010

on the CVSA’s Level VI Inspection Program, the minutes of the Level

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 59 32

Loaded Miles 100,853 44,800

4,344 686 18

6,044,064 234,612 24,804

48 102 2,045

57,312 136,986 1,446,444

481 1,126 8,941

869,648 1,716,704 10,676,227

VI Inspection Program Committee, 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 Programs, and click on the Level VI radiation symbol, and you are in the Level VI website.

2010 CVSA SPONSORS DIAMOND

BENEFACTOR

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 Grocery Haulers, Inc. 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

Presorted Standard US POSTAGE

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

CALENDAR OF EVENTS 2011 COHMED CONFERENCE January 31 – February 4, 2011 Tampa, FL

BUDGET COMMITTEE MEETING February 1, 2011 Tampa, FL

WINTER EXECUTIVE COMMITTEE MEETING February 2, 2011 Tampa, FL

6TH ANNUAL FMCSA MCSAP LEADERSHIP CONFERENCE April 11, 2011 Chicago, IL

NORTH AMERICAN CARGO SECUREMENT HARMONIZATION PUBLIC FORUM April 11, 2011 Chicago, IL

2011 CVSA WORKSHOP April 12 – 14, 2011 Chicago, IL

ROADCHECK 2011 June 7 – 9, 2011

NAIC 2011 August 8 – 13, 2011 Orlando, FL

2011 CVSA ANNUAL CONFERENCE September 26 – 29, 2011 Austin, TX

BALTIMORE, MD PERMIT # 3361