GET-IN-GEAR Spring Edition 2017

GET-IN-GEAR spring edition 2017

GET-IN-GEAR

The Official Publication of CVTA LEADERSHIP CORNER | 3 CVTA’s Don Lefeve and CVTA Chairman, Gary Strube WASHINGTON UPDATE | 5 President Trump: Putting the Freeze on Regulations REGULATORY RECAP | 5 FMCSA Delays Effective Date of Entry-Level Driver Training Rule- Again | 5 2013 Hours of Service Rule Not Backed by Sufficient Data | 6 CVTA Files Comments on Hair Testing Exemption Request | 6 NHTSA Publishes Proposed Rule on Vehicle-to-Vehicle Communications Request | 6 FMCSA to Pull Safety Fitness Determination Rule | 7 AROUND THE NATION | 7 California Drafts Rules to Allow Driverless Cars without Steering Wheels or Pedals! | 7 New Jersey Legislature Approves Third-Party Testing Program | 7 2017 SPRING CONFERENCE: WHY YOU NEED TO ATTEND | 7

By Jerome Redmond, CVTA Conference Committee Chair ADVOCACY IN ACTION: CVTA’s 5TH ANNUAL HILL DAY A SUCCESS! | 9 IN THE FIGHT AGAINST HUMAN TRAFFICKING, TRAINING TRUCKERS IS CRITICAL | 11

By Lyn Thompson, Truckers Against Trafficking MEMBER VIEWPOINT | 14 The Role of Truck Simulators: Resolving the Conflict Between Proficiency-based vs. Minimum Hours Behind-the-Wheel Training

By Peirro Hirsch, PhD, Virage Simulation

Don Lefeve

President & CEO (703) 642-9444 ext. 101 don.lefeve@cvta.org

Cindy Atwood

Vice President (703) 642-9444 ext. 102 ccatwood@cvta.org

Mark Valentini

Director of Government Affairs (703) 642-9444 ext. 105 mark.valentini@cvta.org

44 Canal Center Plz., Suite 120 • Alexandria, VA 22314 P: (703) 642-9444 • www.cvta.org

Kristine Gager

Director of Communications (703) 642-9444 ext. 104 kristine.gager@cvta.org

LEADERSHIP CORNER From the President’s Desk When driving a truck, our instructors often tell students to scan the road as far ahead as you can or as traffic will allow. This same advice is also what CVTA does for its members in terms of policy. We are focused on what is down the road to best position our schools to deliver the safest, well trained students for years to come.

With changes in Presidential administrations also comes with a shift in policy. During CVTA’s annual Hill Day in March, our members advocated for continued WIOA funding. This is a critical source of funding, which enables thousands of drivers to enter trucking each year. CVTA’s message to lawmakers was clear: fully fund WIOA. The President’s “skinny budget” slashed the resources of many domestically focused Departments including the Department of Labor (DOL). The President’s full Budget is scheduled to be released in May and we will keep members updated on the programs he is seeking to cut.

While WIOA has been the primary DOL source of funding for commercial driver training, Apprenticeship may also provide an alternative path to attract and train new drivers. The President’s budget is looking to increase Apprenticeships, and is the reason why we are having a session dedicated to this topic during our Spring conference.

Another issue that CVTA has been engaged in is proposed regulations surrounding autonomous vehicles. The pace at which this technology is being developed, tested, and deployed is happening faster than most CVTA members realize. Technology is outpacing the man-made institutions that govern them. CVTA is seeking a federal framework to align laws and regulations that will govern this technology for years and decades to come.

For many reasons, we believe that any federal framework concerning autonomous vehicles should mandate each vehicle have a driver capable of regaining control of the vehicle if necessary.

Machines and computers break down and both can be hacked.

Therefore, requiring a driver is critical to safety.

The future of autonomous vehicles, and how their deployment will change laws and regulations, is another topic that will be addressed at our Spring Conference. Not only is the technology and the applications for its use in autonomous vehicles a fascinating subject, it will give our members an opportunity to think about the changes on how they will train students in the future.

I look forward to seeing everyone at our Spring Conference in May. Best,

Don Lefeve

President & CEO, CVTA

A Message from CVTA’s Chairman As a truck driving school owner, running a business is not just a labor of love, but a capital intensive one as well. Regardless of industry, any business owner wants to be mindful of expenditures without them affecting the quality of its daily operations. In addition, business owners are always looking for ways to take advantage of discounts on items that are critical to being fully functional and responsive to the needs of their customers. In my case, my customers are the students.

It is always great to save money and why your membership in CVTA is valuable.

Most of you have already seen a survey related to tires. You might have thought, “why is CVTA sending me a survey on tires?” For the past two months, and the months to come, we are seeking group discounts on products and services we routinely use. The purpose of collecting data will enable CVTA to harness our collective buying power to obtain discounts for our members. As we begin this process and approach vendors, we need your full participation in these surveys. I hope that everyone sees the benefit in taking a few moments out of your day to respond to them as they are delivered.

We recently secured a CVTA member discount with one of our Associate Members regarding curriculum and books that we will announce during our spring conference. If there are any Associate Members who are looking to explore such a program, we would like to talk with you and your company. I encourage our Associate Members to get involved in this initiative by contacting CVTA staff to discuss your products and services, which may be beneficial to schools and carriers. Additionally, if there are products and services that you feel we should be exploring, but aren’t currently offering, please let us know. We value your input.

I hope to see you in New Orleans during CVTA’s Spring Conference.

Gary Strube Chairman of the Board, CVTA

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PRESIDENT TRUMP PUTS THE FREEZE ON REGULATIONS On January 20th, the President’s Chief of Staff issued a memo putting a freeze on all regulations not implemented. On January 30th, the President issued an Executive Order entitled “Reducing Regulation and Controlling Regulatory Costs,” which establishes a policy that for every new regulation introduced, two existing regulations would need to be withdrawn. The Office of Information and Regulatory Affairs (OIRA), which is part of the Office of Management and Budget (OMB) and is central authority for the review of Executive Branch regulations, recently issued guidance to help explain this Executive Order. The President campaigned on reducing the amount and scope of regulations on business and this executive action is conducted in furtherance of this goal.

In addition to the Presidents efforts to restrict the number and scope of regulations, the House of Representatives recently passed the Regulatory Accountability Act of 2017.

This bill is awaiting Senate action. This legislation would:

•

Require agencies to choose the lowest-cost rulemaking alternative that meets statutory objectives and require greater opportunity for public input and vetting of critical information-especially for major and billion-dollar rules.

• End judicial deference to agency statutory and regulatory interpretations.

• Require agencies to account for the direct, indirect, and cumulative impacts of new regulations on small businesses-and find flexible ways to reduce them.

• Prohibit new billion-dollar rules from taking effect un-

til courts can resolve timely-filed litigation challenging their promulgation.

•

Force agencies to publish online, timely information about regulations in development and their expected nature, costs, and timing.

•

Publish plain-language, online summaries of new proposed rules, so the public can understand what agencies actually propose to do.

While the Senate has not taken up this legislation, we believe that it will this Congress.

REGULATORY RECAP FMCSA Delays Effective Date of Entry-Level Driver Training Rule-Again On March 22nd, CVTA sent a letter requesting Secretary of Transportation Elaine Chao to remove the Entry-Level Driver Training (ELDT) Final Rule from the regulatory freeze and implement its effective date as soon as possible.

On March 21, 2017, the Federal Motor Carrier Safety Administration (FMCSA) announced another delay in the new effective date of the ELDT Final Rule. The new effective date is now May 22, 2017 with the compliance date still set for February 20, 2020.

During last month’s Mid-America Truck Show, CVTA President & CEO spoke with Transport Topics’ Congressional Reporter Eugene Mulero. During the interview, Don expressed the associations’ concern that the regulation had incorrectly been frozen by the President’s Executive Order when it in fact was subject to a statutory deadline and therefore not subject to the Executive Order.

For questions about the recent development surrounding the ELDT Final Rule, contact CVTA’s Government Affairs Director Mark Valentini at mark.valentini@cvta.org.

2013 Hours of Service Rule Not Backed by Sufficient Data Recently, the FMCSA submitted to Congress its long-awaited report on the hours-of-service (HOS) restart provisions that were enacted in July 2013, but suspended under the FY2015 spending bill until further data was compiled on the effectiveness of the 2013 restart rules.

Under the current HOS regime, a driver can reset their work clocks by taking a 34-hour break. The rules that went into effect in July 2013 added that the 34-hour break must include two consecutive periods of 1am-5am; this part of the restart rule was suspended under the FY2015 spending bill until the FMCSA completed a study on the safety effects of this rule. That study, completed last week and submitted to Congress, did not contain sufficient data demonstrating a safety benefit of the 1am-5am rule. Had the study demonstrated a significant correlation between safety and the 1am-5am restart provision, the rule would likely have been reinstated. However, the completion of the study puts the restart issue to rest, and drivers can continue to restart their work clock after a simple 34-hour rest break.

CVTA Files Comments on Hair Testing Exemption Request On February 21st, CVTA filed comments in support of an exemption request by several freight carriers to the FMCSA asking to be allowed to exclusively conduct hair testing for

substance abuse in lieu of urinalysis for employees and job applicants for safety-critical functions.

In its comments, CVTA points out that we support hair testing for substance abuse screening as long as carriers and training providers continue to have a choice between urinalysis and hair testing. The carriers filing the petition use hair testing as a screening method, but must also use urinalysis to conform to current federal regulations that is unnecessarily redundant. Section 5402 of the FAST Act would allow the use of hair testing once the Department of Health and Human Services (HHS) established federal guidelines for hair testing, and HHS was required to have those guidelines in place by December 2016. However, because HHS was remiss in fulfilling its obligations under the FAST Act, in addition to the fact that hair testing has been a scientifically accepted method of substance abuse screening for many years,CVTA felt obligated to voice its support for the exemption request.

NHTSA Publishes Proposed Rule on Vehicle-to-Vehicle Communications Request The National Highway Transportation Safety Administration (NHTSA) published a Notice of Proposed Rulemaking (NPRM) announcing a pilot program to test vehicle-to-vehicle (V2V) communications. The NPRM, published on December 13, 2016, will likely be delayed by 60 days due to the regulatory freeze put in place by the Trump administration.

The rule would mandate that all new light cars and trucks be equipped with V2V technology where vehicles can communicate with each other via dedicated short-range communications (DSRC). The technology would warn drivers of hazards posed by other vehicles and surrounding infrastructure through a series of alarms. The technology is also expected to be integrated into autonomous vehicles.

Because NHTSA has stated that the technology “holds great promise for medium- and heavy-duty trucks and buses,” CVTA will be monitoring the development of this technology as it has been monitoring developments with autonomous vehicle technology.

FMCSA to Pull Safety Fitness Determination Rule In March, the FMCSA published notice that it is pulling its proposed rulemaking to revamp the agency’s Safety Fitness Determination program. Currently, the system depends on a rating system that determines a carrier’s fitness to operate as “satisfactory,” “unsatisfactory,” or “conditional.” A satisfactory rating means that a carrier is fit to operate on the road, an unsatisfactory rating means a carrier’s fleet is prohibited from operating on the road, and a conditional rating means a carrier can operate but must make certain improvements or risk getting an unsatisfactory rating.

The agency’s proposed new rule would have simply rated a carrier as either “fit” or “unfit.” If a carrier failed in two or more driver BASICs, it would be rated as “unfit” and its authority would be pulled until the necessary improvements were made. Under the current system, a “conditional” rating at least affords the carrier a chance to continue operating while correcting errors so far as there are no egregious safety violations. The ratings are based on FMCSA’s Compliance Safety Accountability (CSA) scoring system for carriers, which was pulled from public view under the FAST Act until its data is improved because of scoring inconsistencies that can inaccurately label carriers as unsafe. The data is collected from roadside inspections and enforcement actions conducted by state and federal enforcement personnel.

AROUND THE NATION California Drafts Rules to Allow Driverless Cars without Steering Wheels or Pedals!

On March 10, California’s Department of Motor Vehicles released a regulatory proposal on autonomous vehicles that would not require the vehicle to have a driver, nor would the vehicle require gas pedals or a steering wheel. The agency will be accepting public comment through April 24 and a public hearing will be held on April 25 to address the proposed rule. The rule does state that an exemption from NHTSA or federal legislation would still be needed to test such a vehicle. CVTA has strong concerns about the deployment of vehicles that do not allow some degree of human intervention to prevent collisions or deter cybersecurity threats.

New Jersey Legislature Approves Third-Party Testing Program On February 6th, New Jersey Governor Chris Christie (R) signed into law Senate Bill 2364 (P.L.2017, c.10). The law requires the New Jersey Motor Vehicle Commission (MVC) to implement a third-party CDL testing pilot program to determine if third-party testing is effective in reducing wait times for CDL exams.

The MVC had the authority to implement a pilot program prior to the bill becoming law, but never used it even though wait times for the state CDL exam can be as long as three months or more.

Under the pilot program, three third-party vendors will be selected to participate in the following regions: northern, central and southern New Jersey. The vendors selected must be fully operational within 90 days of the law’s effective date.

In addition, the MVC commissioner must submit an evaluation of the pilot program to the Governor’s office with recommendations that will facilitate the permanent use of third party vendors within nine months.

2017 SPRING CONFERNCE: WHY YOU NEED TO ATTEND As I write this column – my first as Chairman of the Conference Committee – I remember why I joined this Committee. Not shortly after the Fall Conference, CVTA staff and the Conference Committee were already beginning to plan the Spring Conference. During that time, we had lively and thoughtful discussions about lessons learned, how we can improve on the event as well as brainstormed on session topics and speakers. A lot of ideas came out of those meetings and I’m excited about the program for the Spring Conference.

CVTA’s Conferences bring together a range of personalities, backgrounds and intellectual discussions that I’m grateful to be a part of. As a business owner, it is a great way to learn and share best practices from others in the sector. It’s these experiences that provide value add across our membership.

I am also excited that FMCSA’s Larry Minor will be speaking to our members. As the Associate Administrator for Policy, he and his office are responsible for a wide-range of policy and program development that could or already have an impact on the trucking and the truck training industry.

We’ve seen over the last few months that the FMCSA has been busy. Even more interesting, is what regulations will come out of the agency over the course of the year under the Trump Administration.

But let’s not forget about the sessions. This year’s Spring Conference is going to cover a lot of ground in the following topic areas: How to Grow Your Business, Recruiting Millennials, Financial Best Practices, Understanding Apprenticeship, and a look at how trucking and training will change in the future and challenges these issue present. Also, on the agenda is a Roundtable session. This session is back by popular demand and continues to be a favorite of all CVTA members.

CVTA’s 2017 Spring Conference is May 10-12th. So, if you haven’t made your travel plans for New Orleans, I encourage you to do so.

See you in New Orleans!

Jerome

Jerome Redmond CVTA Conference Committee Chairman

REGISTER TODAY

CVTA’s 2017 SPRING CONFERENCE May10-12th #CVTANOLA17

For conference registration and hotel details, visit: https://cvta.org/member-news/events.html

to understanding the importance of keeping WIOA fully funded, lawmakers were briefed on the need for workforce investment boards to classify truck driving as an in-demand job, even if those truck driving jobs may not be in the community in which they serve.

• CDLs for Examiners: Many lawmakers were surprised

to learn there is no federal requirement for state CDL examiners to actually hold the CDL license for which they test, even though third party examiners are required to have a CDL. CVTA members expressed that commercial driving is a skilled profession and as such we should only be judged by those holding the license. The status quo undermines the professionalism demonstrated by the drivers we train.

• CDL Skills Testing Delays: Lawmakers on Capitol Hill

were disappointed to learn about testing delays and their impediment to job growth. They were pleased to learn that there has been recent progress in a few states who have adopted policies aimed at reducing backlogs. The lawmakers were also informed by our members about the comprehensive FMCSA report on skills testing delays due

by June 2017.

• Autonomous Vehicles: Autonomous technology has been

developing rapidly and trucking companies could incorporate the technology into their fleets in a few decades or sooner. CVTA used the opportunity to share its concerns about cybersecurity, the importance of preserving the role of the driver, and how drivers will be trained to use this technology should it becomes the new standard.

From L-R: John Rojas, Mike Byrnes & Associates; Martin Garsee, NAPFTDS; Marcus Edwards, Stevens Transport

ADVOCACY IN ACTION: CVTA’S 5TH HILL DAY A SUCCESS! On Wednesday, March 8th, 27 CVTA member representatives came to Washington, D.C. to educate lawmakers on Capitol Hill about the issues facing commercial truck driving education. They attended 49 meetings with Senators and Representatives from states and districts where CVTA members are located, many of whom are on essential committees such as the House Transportation & Infrastructure Committee, House Committee on Education and the Workforce, Senate Commerce Committee, and Senate Health, Education, Labor & Pensions (HELP) Committee.

It was CVTA’s largest Capitol Hill Day to date.

CVTA’s advocacy role is not limited to a one-time annual occurrence in Washington. We must be regularly active to ensure our message is heard and our concerns are addressed.

While CVTA staff is working full-time on your behalf in Washington, you can also play an important role in educating lawmakers by inviting one to tour your campus and learn more about truck driver education.

Give your federal Representative or Senator a tour of your classrooms and range, introduce your students, and use your trucks as a backdrop for a photo opportunity with your member of Congress. This is an effective way to build a working relationship with your elected officials and their district/ state staffers and become a resource to them on legislative issues affecting CDL education, labor, and the workforce.

We’d like to thank our Hill Day sponsors that made this year’s event a success. Sponsors included Smith & Solomon, Paschall Truck Lines, Inc., CDL Marketing Group, Lancer Insurance, Comcar Industries and Covenant Transport.

CVTA representatives promoted our 2017 Legislative Agenda that includes:

• WIOA Funding: CVTA representatives provided first-

hand input on the effectiveness of Workforce Innovation and Opportunity Act (WIOA, formerly WIA) funds to help individuals obtain training for well-paying, fulfilling careers in in-demand jobs such as truck driving. In addition

From L-R: Rep. Scott Perry (PA-04); Sarah McDonald, Werner Enterprises; Nadia Speney and Tim Venzin, PIA Commercial Driver Training Program

STILL KEEPING AMERICA MOVING AFTER ALL THESE YEARS.

D r i v e W e r n e r . c o m | 8 77.73 5 .2 5 6 5

IN THE FIGHT AGAINST HUMAN TRAFFICKING, TRAINING TRUCKERS IS CRITICAL In January 2015, an RV pulled into a truck stop in Virginia.

Due to suspicious activity, professional truck driver Kevin Kimmel picked-up the phone and called the police. When police arrived on the scene, they soon discovered a 20-year old woman, who had been kidnapped two weeks earlier. During that time, she had been sexually abused, branded, and starved. She calls him her guardian angel. He calls himself a trucker against trafficking.

Currently, the International Labor Organization estimates there are 21 million victims of human trafficking globally, 26 percent of which are children. In our country, human trafficking is a crime which takes place in all 50 states. In 2014, one in six runaways were likely victims of child sex trafficking, according to the National Center for Missing and Exploited Children. Per Polaris Project, it is estimated that the average victim may be sexually abused forcibly multiple times a day.

Empowered with education and equipped with tools to fight human trafficking, truckers can and are making a significant impact against this crime. The National Human Trafficking Hotline reports that calls from truckers began rising substantially in 2009 after a non-profit organization (NGO) came alongside the trucking industry to provide education and training tools. As of December, 31, 2016, trucker calls totaled 1589, with 503 likely cases of trafficking, involving

1098 victims, 299 of which were minors. At any given time, there are more truckers on the highways than law enforcement officers. Law enforcement has been so impressed with human trafficking training being provided to the trucking industry that they are now seeking to ensure training is provided to truck drivers before they hit the road.

In 2016, Ohio became the first state in the nation to require human trafficking training as part of their state commercial driver’s license requirements for entry-level drivers.

This year, several other states already have legislation in the works to do the same. Training your drivers is easy, and it’s critical. It could save lives and help end a heinous crime.

While some states seek to require this training, schools can voluntarily integrate this life-saving subject into their curriculum.

CVTA is just one of the many organizations that have available a video resource for its members.

Lyn Thompson

Communications Specialist Truckers Against Trafficking (TAT) tat.truckers@gmail.com

CVTA EVENTS 2017

Amateur Fisherman.

PROFESSIONAL TRUCK DRIVER.

2017 SPRING CONFERENCE May 10-12, 2017 New Orleans #CVTANOLA17 Check our social media sites for updates & details

IN CELEBRATION OF NATIONAL TRUCK DRIVER APPRECIATION WEEK: SEPTEMBER 13-19.

WE’RE MORE THAN JUST PROFESSIONAL TRUCK DRIVERS.

We’re parents. Neighbors. Friends. Getting home safe is our number one priority, which is why we support our industry’s ongoing commitment to accident-free driving. Because like you, we have a lot to live for.

TruckingMovesAmerica.com

MEMBER VIEWPOINT The Role of Truck Simulators: Resolving the Conflict Between Proficiency-based vs. Minimum Hours Behind-the-Wheel Training The new ruling by the Federal Motor Carrier Safety Administration (FMCSA) that promotes proficiency-based vs. minimum hours of behind-the-wheel (BTW) is a great opportunity to significantly improve truck driver training. Specially designed, programmed and validated truck simulators can play an important role in this improvement.

The FMSCA knows that drivers need many hours of training to safely maneuver a truck in all traffic and weather conditions. However, no one knows exactly how many hours. Popular opinion favors a minimum of 30 hours.

Some trainers recommend 70 hours. Others claim the number of hours is far less important than the motivation and attitude of the driver. Unfortunately, there is no research evidence linking any minimum number of BTW training hours with safer, long-term driving records.

Proficiency-based training is arguably a better alternative to minimum hours. Consider the following comparison of car driver training and testing in the United States and in Great Britain. In most of the U.S., drivers under 18 years of age are required to take a minimum of six hours of BTW driver training. The driver’s license road test, according to a sampling from 16 states, varies in duration from five minutes to 20 minutes with an average of about 10 minutes. In Great Britain, beginners are not required to take any BTW driver training and the driver’s licence road test is 40 minutes long. British novice drivers voluntarily take an average of 47 hours of BTW training to prepare for their more demanding road tests. By raising expectations about the level of proficiency that will be tested, everyone who wants to pass knows they need to take as many hours of BTW training as required for them to become proficient.

While it is impractical to expect US licensing agencies to increase the duration of the commercial driver license (CDL) road test, the FMSCA is justified in encouraging truck driving schools to set higher standards of skill proficiency. These higher standards will automatically increase the expectations of students on how many BTW training hours may be required. This is where specially programmed and validated truck simulators can play a critical role.

In 2008, the Truck Training Center of Charlesbourg (CFTC) began a multi-year collaboration with HEC Montreal University researchers and a truck simulator manufacturer, to develop and validate proficiency-based-practice truck simulator-based training scenarios (Romoser and Hirsch, 2012). Driving skills were analyzed, segmented and taught progressively starting with simple and easy and moving to complex and difficult. Learners acquire and practice driving skills at their own pace with continuous, objective performance feedback. In addition, truck simulator-based training reduced wasted time such as the unavoidable waiting in the yard. A series of studies demonstrated that driving skills are acquired up to two and half times faster using truck simulator proficiency-based training programs than behind-thewheel of a truck with an instructor. (Hirsch, Choukou, and Bellavance, in press).

Proficiency-based training on truck simulators greatly enhances the achievement and objective measurement of superior truck driving skills, and resolves the conflict between proficiency-based vs. minimum hours BTW training. Any pre-set minimum number of BTW hours will most likely be too many for the faster learners and too few for those students requiring more time. By using cost-effective, proficiency-based training on truck simulators to complement in-truck training hours, every driver can take the number of hours he or she needs to attain the goal of truck driving skill proficiency.

AUTHORED BY Pierro Hirsch, PhD Director of Road Safety Research Virage Simulation pierro.hirsch@viragesimulation.com

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