Blogs

CSA 2010 SEMINAR TO FEATURE FORMER FMCSA ADMINISTRATOR JOHN HILL

CSA 2010, the FMCSA's new safety initiative being rolled out this year, has been described as a "game changer."  Since it will affect all of us, it's critical to make sure we're all as informed as possible.   

Driving Ambition, in conjunction with the Indianapolis Traffic Club, is proud to be sponsoring the most important seminar of the year.

What can we expect from the FMCSA in 2010?

We hope you will join us on Thursday, March 11 as Former FMCSA Administrator, and Indiana's own, John Hill will discuss a variety of topics including CSA 2010, Hours of Service (HOS), and Electronic Logs (EOBRs) and their impact in 2010.

Click here for more information on this special event.  We hope to see you there! 

 

John H. Hill, the FMCSA's third Administrator since Congress created the Agency in 2000, was nominated to the position under President George W. Bush in 2006 and served until 2009. Before joining the FMCSA, between 1974-2003, Mr. Hill served as a member of the Indiana State Police as the Commander of the Commercial Vehicle Enforcement Division, the Logistics Division Commander, and Field Enforcement Commander. Mr. Hill is a 1973 graduate of Taylor University in Indiana. He holds a Bachelor of Arts degree in political science.

FMCSA LAUNCHES WEBSITE ON PRE-EMPLOYMENT SCREENING PROGRAM

The FMCSA has launched a website where trucking companies can register for access to a safety database they will be able to use for screening applicants for driving jobs.

The Pre-Employment Screening Program (PSP) is designed to allow motor carriers and individual drivers to purchase driving records from the FMCSA's Motor Carrier Management Information System (MCMIS).

Records purchased through PSP will contain the most recent 5 years of crash data and 3 years of roadside inspection data from the FMCSA's MCMIS system.

Some key points:

* Registration is free but there will be a charge to use the system.  Carriers with fewer than 100 power units must pay a $25 annual subscription fee and $10 for each record retrieved. Companies with more than 100 power units must pay a $100 subscription fee, plus the $10 per-record fee.  Both are limited to 10 users.  The agency will not charge a carrier that comes into the system through a third party provider, although presumably the provider will charge its own fee.  Individual drivers will not have to pay a subscription fee but will have to pay the $10 charge to retrieve their record.

* The data is protected by a number of federal laws, including the Privacy Act of 1974 and the Fair Credit Reporting Act.  FMCSA will audit the program to confirm driver and company identity, and the accuracy of driver permission forms.  The program is being administered by a contractor, National Information Consortium Technologies (NIC), which does not have access to the content of the reports.

* The agency encourages drivers to look at their records.  Incorrect information can be challenged through the agency's DataQs system: https://dataqs.fmcsa.dot.gov/login.asp.

The next step in setting up the program will be publication of notice in the Federal Register asking for public comments on the agency's plan to make to make the records available.  The program is expected to go live in the spring.

Although the data is not available yet, carriers and third party driver service providers can start registering for the Pre-Employment Screening Program at http://www.psp.fmcsa.dot.gov/.  The site also includes a list of frequently asked questions.

FMCSA HOSTS FREE WEBCAST ON NEW PRE-EMPLOYMENT SCREENING PROGRAM

The FMCSA is hosting a free webcast on its new Pre-employment Screening Program (PSP). The presentation is scheduled for 60 minutes beginning at 1:00pm EST on February 24, 2010.

PSP is a new, national-level program designed to allow motor carriers to see a driver's crash and inspection file when he/she applies for employment with the motor carrier.  The program is voluntary and the driver must give consent to allow his or her records to be viewed by their potential employer.  The driver record will be comprised of data found in FMCSA's Motor Carrier Information Management System (MCMIS). FMCSA is taking every possible measure to assure the data is protected and handled according to all applicable laws and regulations.

During the webcast, the Analysis Division's Michael Johnsen will provide an update of the PSP, which is currently under development and expected to be available to the public in early 2010.

Click here to enroll for the free FMCSA Pre-employment Screening Program webcast.

CVSA RELEASES 2010 NORTH AMERICAN STANDARD OUT-OF-SERVICE CRITERIA

The Commercial Vehicle Safety Alliance (CVSA) is releasing the 2010 North American Standard Out-of-Service Criteria (OOSC), providing law enforcement and the motor carrier industry with a valuable tool designed to improve commercial motor vehicle safety by promoting uniformity in compliance and enforcement throughout North America.

CVSA has been maintaining, updating, and publishing the OOSC annually for more than twenty years which becomes effective throughout North America every April 1^st.  The OOSC is used by highly-qualified, specially-trained and certified state and federal law enforcement personnel in identifying Critical Vehicle Inspection Item violations following a roadside inspection that can prohibit a motor carrier or operator from driving or operating a commercial motor vehicle for a specified period of time or until the defective condition is corrected.  Approximately four-million commercial vehicle roadside inspections are conducted annually across North America by government enforcement agencies.  Issued upon the completion of a Level I or V inspection, CVSA decals are only applied to commercial motor vehicles with no violations of the Critical Vehicle Inspection Items contained in the OOSC.  The OOSC is focused on the issues most critical to maintaining the safe operations of commercial vehicles on our roadways.  

"It is in the best interests of every driver and motor carrier to be familiar with the North American Standard Out-of-Service Criteria," said Stephen A. Keppler, CVSA's Interim Executive Director.  "Knowing which commercial motor vehicle violations have been identified as being the most serious is helpful because it provides necessary focus in properly maintaining vehicles and it saves lives.  It also helps prevent unnecessary delays and down time in transit as a result of having a driver or vehicle placed out-of-service."

Roadside inspection results are used in part to identify motor carriers that present a high degree of risk to the motoring public.  As a result, the data collected helps in determining which transportation companies will be selected for review under FMCSA's new Comprehensive Safety Analysis (CSA 2010) initiative.  "With full implementation of CSA 2010 activities on the horizon, such as the new Carrier Safety Measurement System, knowing the ‘Criteria' in advance can assist a motor carrier ensure the accuracy of the roadside inspection data collected and contained within a motor carrier's safety profile," said Larry G. Woolum, Regulatory Affairs Director of the Ohio Trucking Association and Chair of CVSA's Associate Advisory Committee.  

"The information collected during a roadside inspection provides the foundation for data-driven traffic safety initiatives.  As a result, the importance of this issue cannot be understated, as it has strong implications to not only CSA 2010 but all of our traffic safety programs," said Buzzy France, CVSA's President.  "Commercial motor vehicle safety continues to be a challenge and we need the involvement of all affected parties to help us better understand these issues and put into place practical solutions.  As commercial vehicle inspectors, our continued diligence will help us reach our ultimate goal of saving lives."

For more information on the North American Standard Inspection Program, or on how to obtain the North American Standard Out-of-Service Criteria, visit http://www.cvsa.org/.   For more information on CSA 2010, visit http://csa2010.fmcsa.dot.gov/

DRIVER STAFFING AND THE CURRENT INDUSTRY CLIMATE

 

 

 

 

 

 written by Chandler Moody, Account Executive - Indianapolis, IN 

Where do we fit in?

In my initial blog, I want to accomplish a few things.  This will help establish where I want to go from here.  I have been attending seminars, reading websites, and listening to all of the experts talk about what is in store for the Transportation and Logistics Industry going forward.  I figured I would collect some thoughts here.

 I sit everyday listening to the experts I try and contemplate:

"Where does Driving Ambition fit in?"

"What will our role be next year?" 

The issue is that experts are talking to the trucking carriers.  We are not a trucking carrier.  Trucking, whether they have one truck or one thousand trucks, are all be affected by the economy, CSA 2010, environmental issues, infrastructure issues, and a plethora of new and old governmental regulations.  But I repeat:  we are not a trucking carrier - so why should I care? 

The reason why I care is that we provide the integral part that makes the trucks move.  A trucking carrier only needs trucks to be considered a carrier but without the driver those trucks don't move. I would like to go into a couple of items today.

I know what you are saying:  "Drivers are easy to come by."  My question to you is, do you know what makes a good driver and are you willing to put the safety of your friends and family on the road at the mercy of a potentially bad driver?

Issue 1) Currently there is a driver surplus.  This has not always been the case but studies show that the trucking industry is about 20%-30% over capacity.  This means that there are 20% more drivers/trucks payrolls than there are loads to go around to reach a stable flow of goods and a stable rate. 

Where is the upside for a staffing company like Driving Ambition? 

Right now there is an opportunity to shake out the worst of the worst drivers and replace them with better, more qualified drivers - Topgrading!! This is where Driving Ambition can help. 

As the carriers have leaned down, we have beefed up.  We specialize in hiring and qualifying drivers so that the carriers have quick, easy access to top talent.  We take this seriously and hang our hats on the quality of our drivers.  We have to.  This gives us the opportunity to be more selective in our hiring process than any other time in our history.

Issue 2) CSA 2010 is coming!!!  Believe it or not there are companies out there that do not know what CSA 2010 is.  Shocking, I know.  If you are not preparing now then I am afraid of what the outcomes will be.  Remember that overcapacity that I mentioned before.  CSA 2010 has the potential to shake out a good bit of the poorer performing drivers and carriers.  I don't want to go into an entire breakdown of what is going to occur.  That is multiple blogs in itself. 

Once again where do we fit in?

A big stress of the new CSA 2010 will be the drivers.  Once again what are we specialists in?  Drivers.  It has become our mission to wrap our arms around the new "rules" and help spread the word when we can.  Right now companies have the option of removing drivers and replacing them with safer drivers.  Next year that option goes away and becomes mandatory. 

"The economy sucks...fuel is too high...we are just trying to get by."  We have heard them all before.  No, we can't change the economy, and no, we can't lower the price of fuel for you.  What we can do is help keep your trucks running safely and efficiently.  We can help the carriers embrace the current and future situations, change for the better and come out on the other side stronger and more profitable than ever before.  Just ask.

DRIVERS SPEAK UP AT FMCSA HOS LISTENING SESSION

The FMCSA's fourth and final listening session on the hours of service rule was focused on hearing insights from drivers themselves on what the agency should do.  The session, which was held near a Flying J truck stop in Davenport, IA, drew drivers and owner-operators from all over the Midwest.   

The general consensus among drivers primarily resonated with the results of the three previous listening sessions:  the need for more flexibility with the sleeper berth and 14-hour provisions, along with the desire to keep the 34-hour restart. 

One issue that came up during the session is the lack of truck parking, especially throughout the snowstorm-ridden Midwest.  Brenda Neville, president of the Iowa Motor Truck Association, told the panel that there has to be greater access to safe parking, as this is a nationwide problem.   
"Many truckstops and rest stops are shutting down across the country, leaving drivers having to worry about loss of property or being a safety hazard while sleeping," Neville said.

Another concern with pulling over to rest is state idling laws, according to Tom Bower, a small fleet owner out of Kentucky.  Bower pointed to an anti-idling law in Wisconsin, which prohibits drivers from using heaters or air conditioning units while resting unless the temperature reaches below 10 degrees or above 90 degrees.  "That's just not acceptable," he said.

While Thursday's session was the last scheduled session on hours of service, the FMCSA is considering scheduling a fifth discussion.

For more information on FMCSA's Hours-Of-Service Listening Sessions, click here. 

FMCSA URGED TO ADD FLEXIBILITY TO CURRENT HOS RULES

After the FMCSA's scheduled "listening sessions" in Washington, D.C., Dallas, Los Angeles, and Davenport, IA, the general consensus appears to be a desire to keep the hours-of-service (HOS) rule as it is.  However, there are a handful of changes carriers and drivers indicated that they'd like to see, primarily changes that relate to allowing for more flexibility with the 14-hour rule, the use of truck sleeper berths, and taking breaks. 

When looking at HOS, the FMCSA maintains it has three goals:  first, raising the bar to entry so only the safest carriers can enter; second, maintaining a high standard of safety; and third, removing high-risk motor carriers. 

Some of the suggested changes to the current HOS deal with the need for greater flexibility with the 14-hour rule.  For example, some have proposed allowing drivers to take a short break during the day by stopping the 14-hour clock that limits a driver's workday.  Ralph Garcia, a driver for ABF Freight System and a member of America's Road Team, said, "If they could split it up and let the drivers have a little bit more flexibility, I think it would be a lot more efficient for drivers, as far as rest periods and how they feel, and it would be a benefit to the company...we need to encourage drivers to take naps, which, by the way, would promote shorter continuous driving...and we need those breaks to not affect the 14-hour clock."

Tommy Hodges, chairman of the American Trucking Associations and Titan Transport, suggested the agency redefine the 10 hours and offer "flex time," or time the driver can use at his discretion.  He also encouraged the use of naps to make drivers more alert - something the current rules make nearly impossible without using up precious driving time.

Jim Fitzpatrick, who has spent many years as a consultant to the carrier industry, told the panel the current rule does not allow for the driver to sleep when he's sleepy. "We cannot mandate sleep over time," he said. He suggested that drivers could take the 10 hours off any time over a 24-hour period, rather than requiring the hours be consecutive.

In addition, delay issues during loading and unloading also count against the 14-hour day.  Most drivers don't have a problem with the 11-hour driving limit, but the delays frequently experienced during loading and unloading can make the 14-hour workday too tight.  Some have suggested that the time at the shipper and receiver should not count against the driver. 

Although the FMCSA intends to issue a revised driver-hours rule by July, statistics alone, such as the significant decline in the large truck fatal crash rate, indicate that major changes to the federal hours-of-service are not necessary. 

The agency is considering a fifth listening session to accommodate those interested in participating. 

THE IMPORTANCE OF “TOP-GRADING” YOUR DRIVERS

Is your CDL driver staffing company helping you improve the quality of your driver fleet?  If not, you might consider finding a better CDL driver staffing partner.  In today's economic environment, when so many quality drivers are unemployed or underemployed, the best carriers are actively "top-grading". 

Your CDL driver staffing company should be an extension of your recruiting department.  While you, the carrier, manage your day-to-day business, your CDL driver staffing company should be marketing for and recruiting you the very best performers available.  When found, you can remove a poor performing driver and replace them with a good performing driver.  It won't take long until your overall fleet quality has improved dramatically.  Think about how that would improve the service to your customers.

From a compliance perspective, "top-grading" is a no brainer.  As the CSA 2010 program nears, Driving Ambition strongly suggests you audit your current driver's roadside inspection history.  Sort the last 36 months of inspection history based on the CSA 2010 six "BASICs" and Crash Indicator categories, weight them by date and severity, and determine your worst 15%.  When CSA 2010 goes live, those are the drivers responsible for increasing your safety score.  Those are also the drivers that will draw the attention of your insurance company's underwriters and will increase your insurance premiums.  Avoid the future drama...partner with your CDL driver staffing company...and "top-grade" your fleet now.

FMCSA ANNOUNCES CDL DRIVER FACT SHEET

The FMCSA's website on CSA 2010 has just announced a new Driver Fact Sheet designed to inform CMV drivers about what CSA 2010 means to them.  

Early in December 2009, the FMCSA put on 2 listening sessions on their upcoming program, CSA 2010.  A total of 1,150 questions were submitted.  The following question represents one of the most frequently asked questions regarding CSA 2010:

Will CSA 2010 assign safety ratings to individual commercial motor vehicle (CMV) drivers? I heard that CSA 2010 is designed to rate CMV drivers and to put many of them out of work this summer.
 
No. Under CSA 2010, individual CMV drivers will not be assigned safety ratings or safety fitness determinations.  Consistent with the current safety rating regulations (49 CFR part 385), individual drivers will continue to be rated, as they are today, following an onsite investigation at their place of business when they operate independently as a "motor carrier" (i.e. have their own USDOT number, operating authority, and insurance).  CSA 2010 will provide enhanced tools for Safety Investigators to identify and address drivers with poor safety records as part of motor carrier investigations in order to increase driver accountability for safe driving behavior.  CSA 2010 is designed to meet one overriding objective: to increase safety on the Nation's roads.  Therefore, it is, by design, a positive program for drivers and carriers with strong safety performance records.  Also, it will send a strong message that drivers and carriers with poor safety performance histories need to improve.

Stay tuned for more questions and answers from the FMCSA's CSA 2010 website over the coming weeks!

DOT BANS TEXTING FOR COMMERCIAL TRUCK & BUS DRIVERS

On Tuesday, January 26, the Department of Transportation (DOT) issued a "texting" ban for commercial truck and bus drivers.  Effective immediately, the ban prohibits commercial truck and bus drivers from texting while driving using any handheld cell phone or other wireless electronic devices that are brought into a CMV. Drivers who violate the ban are subject to civil or criminal penalties of up to $2,750 per occurrence.

According to the FMCSA, drivers who text while driving are over 20 times more likely to get into an accident than non-distracted drivers.  "

The FMCSA defines texting as the review of, or preparation and transmission of, typed messages through any such device or the engagement in any form of electronic data retrieval or electronic data communication through any such device.  The texting ban does not prohibit the use of cell phones for purposes other than text messaging.  It also does not prohibit use of onboard technology such as electronic dispatching and fleet management systems.

The DOT based its ability to set the ban on an interpretation of a federal rule under Part 390.17, which allows DOT to regulate equipment that "decreases safety."  With this approach, DOT has leapfrogged the time-consuming regulatory process.  "We think it's our responsibility and obligation to do whatever we can in the near term before we get to a rule to send a signal that we're serious about this," said DOT Secretary LaHood.  The FMCSA has begun work on a proposed rule on distracted driving that is likely to include a texting ban but also will cover the use of other onboard equipment.  

Enforcement of the ban will be challenging.  From LaHood's perspective, enforcement is difficult - "we need to figure it out" - but is just one aspect of a long-term campaign to get people to take individual responsibility for not letting themselves be distracted when they are driving, the same way that public awareness efforts have spread the use of seatbelts and reduced drunken driving.

FMCSA Administrator Anne Ferro also acknowledged that it might be hard for a patrolman to actually see a truck driver texting, but noted that the enforcement does not begin and end there.  Carriers and drivers need to be aware that investigators can determine if a distraction such as texting was the cause of a crash.  "Texting can be a criminal violation if it precipitates a fatal or injury crash," she said.

The new ban also has another use: "It becomes a motivator, a tool companies use to say, in effect, that for safety purposes, insurance purposes, we must adhere to the law that says you cannot be texting or receiving messages.  A lot of our companies are already doing that," said Bill Graves, President of the American Trucking Associations.

Click here for the DOT Press Release and Remarks from Secretary Ray LaHood

For the Regulatory Guidance Concerning the Applicability of the Federal Motor Carrier Safety Regulations to Texting by Commercial Motor Vehicle Drivers, click here for the text version; click here for the .pdf version.

Follow the DOT's progress on combating distracted driving by visiting the website:  http://www.distraction.gov/