Tag Archives: ELDs

Trucker Slow-Roll Protest Raises Awareness of Controversy Over How to End Truck Driver Fatigue Tragedies

There is ongoing and complicated controversy over how to prevent Truck Driver Fatigue. It involves how they are kept accountable for their time on the road (the paper logbook was converted to Electronic Log Books in December 2017), as well as the details of Hours Of Service (HOS) requirements. But the bottomline is how truck drivers get compensated.
Some truck drivers have taken the matter into their own hands to raise awareness of the problem and staged a “Slow-Roll Protest” in Indiana on February 21, 2019. Read about it here: Truckers ‘slow roll’ in Indiana protest
 
This is why I hope to realize my goal of organizing a Tired Trucker Roundtable — to catalyze collaborative conversation and action in order to end the ongoing tug-of-war over these regulations (or lack thereof). 
 

Good news: Electronic Logging Devices Mandate Has Survived Court Challenge; Required by 12/2017

Good news! One of our original AnnaLeah & Mary Stand Up For Truck Safety Petition requests has been upheld in court to be required by December 2017. Electronic Logging Devices to monitor truck driver hours on the road instead of paper log books:

ELD mandate survives court challenge

Now, I hope that the Hours of Service rules will be finalized with truck driver input as to the best way of structuring them. And I hope that there will continue to be work done to eliminate the reasons that paper log books didn’t work to begin with. Because this important technology will not solve everything.

https://annaleahmary.com/2014/05/paper-log-books/

https://annaleahmary.com/tag/truck-driver-compensation/

Tired Trucker Roundtable

 

“KeepTruckin ELD now on FMCSA’s registry”

Take a look at one company’s option for an Electronic Logging Device app to satisfy requirements for electronic logging of truckers’ hours of service.

Makani notes the KeepTruckin ELD remains a $20/monthly subscription product, with an ELD Plus option at $30 that includes mostly automated IFTA collection and reporting. Other features, Makani notes, are coming to that package, from vehicle diagnostics to driver performance monitoring and other features.

KeepTruckin’s self-certification on FMCSA’s device registry means it joins three others also detailed in Overdrive‘s quick-glance comparison chart for a variety of ELD vendors old and new.

http://www.overdriveonline.com/keeptruckin-eld-now-on-fmcsas-registry/ from Overdrive|August 10, 2016

Underride guards Great Dane trip 016Scan

More information on Electronic Logging Devices, Hours of Service, and Driver Fatigue: https://annaleahmary.com/driver-fatigue/

An Amazing Week in Truck Safety Progress

We had some really good news this week. Progress was made on 2 out of the 3 requests which we made to Secretary Foxx in our original AnnaLeah & Mary Stand Up For Truck Safety Petition (http://www.thepetitionsite.com/957/501/869/stand-up-for-truck-safety/):
  1. On December 7, 2015, NHTSA announced the next step in the Underride Guard rulemaking: https://annaleahmary.com/2015/12/unexpected-events-progress-in-underride-protection/ & https://annaleahmary.com/2015/12/a-moms-knee-jerk-reaction-to-nhtsas-proposed-rule-to-improve-rear-underride-protection/ & http://www.wsbtv.com/videos/news/new-rules-help-keep-you-safer-behind-big-rigs/vDf9Rt/
  2. On December 10, 2015, FMCSA announced that the Final Rule was being released for the Electronic Logging Devices to log trucker hours of service (to help combat driver fatigue): https://annaleahmary.com/2015/12/fmcsa-finally-releases-the-electronic-logging-devices-rule-to-track-trucker-hours/.  http://americansleepandbreathingacademy.com/the-dots-war-on-drowsy-driving/
We want to thank everyone, who signed the ALMSUFTS petition. You helped to make this impact on highway safety. Please continue to support our efforts as we wage battle and move toward a goal of Zero Crash Deaths and Zero Serious Crash Injuries through our Vision Zero Petitionhttp://www.thepetitionsite.com/417/742/234/save-lives-not-dollars-urge-dot-to-adopt-vision-zero-policy/ and Underride Research:  https://www.fortrucksafety.com/
Thank you in memory of Mary & AnnaLeah and countless others,
Jerry and Marianne Karth
Petition Photo Bags at DOT, best
AnnaLeah, Mary at Muskegon
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FMCSA Finally Releases the Electronic Logging Devices Rule To Track Trucker Hours

We are excited to see that the FMCSA has released the final rule for Electronic Logging Devices designed to keep better track of truckers’ driving hours and to reduce truck driver fatigue.

After our truck crash on May 4, 2013, for which we never saw the truck driver’s paper log books, we are very happy about this. We never found out for sure why the truck driver who hit us was unable to slow down with the rest of the traffic–which was stopped for another crash two miles ahead of us. But we suspect that fatigue –drowsy driving — may well have played a part.

DWF = Driving While Fatigued

Here is the press release: https://www.fmcsa.dot.gov/newsroom/electronic-logging-devices-be-required-across-commercial-truck-and-bus-industries

and some articles:

ScanWashington DC 151

We are thankful that FMCSA has taken this important step to protect travelers on the road. We hope that it will also be followed by the best possible Hours of Service rules and better wage compensation for truck drivers who work hard to deliver the goods.

Thank you to everyone who signed the AnnaLeah & Mary Stand Up For Truck Safety Petition which we delivered to DOT on May 5, 2014. One of the three requests in that petition was for Electronic Logging Devices to be implemented.

FMCSA Ready to Study New Data on Trucker Hours of Service & Fatigue

FMCSA has been collecting data on truck driver hours of service; now they will analyze the data. Let’s hope that they will find clear answers to the driver fatigue dilemma.

“DOT enters next phase of 34-hour restart study” http://tinyurl.com/ppfwfpx

Driving While Fatigued (DWF) is definitely dangerous!

For more information on driver fatigue:

IMG_4456

This is a photo which the Georgia State Patrol took when they arrived at the scene of our truck crash.  Truck driver fatigue may have been a factor; we never saw his paper log books.

Face-to-face with our congressman, George Holding, to discuss truck safety concerns

photo with George Holding

Earlier this month, I met with Congressman George Holding’s Constituent Services Representative, Doug Wegman, in Sharpsburg, North Carolina. I was the only one at the “Town Hall meeting” and was able to share the story of our truck crash and some of our concerns about truck safety. It seemed like a productive meeting.

I had emailed Congressman Holding’s office in June asking for an opportunity to meet with him while he was in recess in North Carolina. That never came about until I emailed my contact again early this week and repeated my request. I was then asked if I could meet with him in Raleigh on Friday, August 21, at 11:00 a.m.

Actually, that worked out very well (couldn’t have planned it better myself) because I was dropping our son off at the airport to go back to college in Texas that morning and then proceeded to the meeting with Holding. Doug Wegman was also there along with Holding’s District Director, Alice McCall.

I shared with Congressman Holding that I had grown up as a Republican and was quite surprised after our crash to find out that, in general, the Republican party line related to truck safety legislation consistently appeared to be pro-trucking industry and anti-safety. I am puzzled why there cannot be bipartisan solutions to these issues.

https://annaleahmary.com/2014/07/truck-safety-needs-bipartisan-support-protecting-its-citizens-is-one-of-the-basic-purposes-of-government/

His response — a typical one — was that Republicans generally oppose government involvement and regulation. The problem I have with that is the reality which I have painfully discovered that “safety is not an accident” — it doesn’t just happen by itself. Without rules and regulations and enforcement and justice and requirements, chaos and injury and death are more likely to occur.

At least I have not seen a better alternative. Have you?

However, thankfully, I came away from the meeting feeling that it was productive — a thought echoed by another son who attended with me. We had the opportunity to raise several truck safety concerns, including driver fatigue (electronic logging devices and hours of service), underride guards, and the minimum liability insurance for truckers.

We concentrated on the minimum insurance issue — which has not been raised — for 30 years and therefore certainly has not kept up with inflation. (Is that any surprise?!) The current level, $750,000, set in in the 1980s — adjusted for inflation — would now be more like $3.2 million for  the medical CPI adjusted level according to p. 11 from this document:  http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Financial-Responsibility-Requirements-Report-Enclosure-FINAL-April%202014.pdf .

And the statistical value of life is $9.2 millionVSL Guidance-2013-2 DOT value of life

I had a binder put together to leave with Congressman Holding. It had numerous articles about the insurance issue, including what the opposition (the trucking industry) has been saying about premiums skyrocketing if the minimum liability is raised — from $5,000 to $20,000. I showed him what I had found out from a couple of insurance companies which indicates that it would be more likely to go up to maybe $9,000. A bit of a difference.

This kind of potentially inaccurate and misleading information has been publicly disseminated and has influenced many truckers (most vociferously by representatives of OOIDA, Owner-Operator Independent Drivers Association, which by the way happens to sell insurance to truckers,  http://www.ooidatruckinsurance.com/) and legislators. In fact, I showed him the House Roll Call in which he had voted to freeze the funding for FMCSA to study this issue — even though Congress had previously authorized them to do so.

I was gratified that Holding took the time to look over the roll call and examine the 10 Republicans who had supported the need to allow FMCSA to proceed with rulemaking on this issue. He indicated that he intends to make some contacts for us, asked Doug to write down some of the names and the people both in the Senate and House with whom he is willing to connect us so that we can continue to shed light on this concern and ensure that the truth of the matter is uncovered.

I was also appreciative of the District Director’s input. When we discussed our pursuit of underride research to support the improvement of underride guards, Alice McCall mentioned that they could help with some contacts at universities, among other things.

In addition, she asked me how to pronounce AnnaLeah’s name (An-na-Le-ah) and said that it was beautiful. I told her that AnnaLeah loved her name and its uniqueness–although she had planned on publishing any written works under a pen name. I had showed them Mary’s braids and said that I was thankful that the nurse saved them and gave them to us. I had also brought along a shoulder bag which AnnaLeah had knit from a pattern in her head.

It reminded me of the many triggers which daily life brings of the loss we bear; as we drove to Raleigh I had seen a car on the side of the road. There was something sitting on top of the trunk of the car and for some reason that reminded me of our car after the crash — demolished with broken bodies inside. And it took my breath away once more to think of AnnaLeah’s life instantly snatched away. And the joy and creativity that were abruptly cut short.

https://annaleahmary.com/2015/05/my-favorite-memories-of-annaleah-well-some-of-them/

Alice also mentioned that she has several daughters. And, I had noted that Congressman Holding has 3 young daughters and a son himself. It is helpful to know that people understand that this is not just a matter of corporate profit but a life and death matter which could happen to anyone at any time.

Interesting articles, letters, and documents on the minimum insurance topic:

All in all, we felt that we were heard and are hopeful that Congressman Holding is likely to make decisions and take actions in the future to positively affect road safety as a result of the time which we spent with him.

p.s. Just read an Op-Ed (by a former executive of the American Trucking Associations) in today’s New York Timeshttp://www.nytimes.com/2015/08/22/opinion/the-trucks-are-killing-us.html?emc=edit_tnt_20150821&nlid=37926955&tntemail0=y&_r=0

p.p.s. Just scanned this OOIDA brochure–found at a truck stop while we were on a road trip.

OOIDA brochure

 

p.p.p.s. Mary’s braids: 49 Mary's braids 016

p.p.p.p.s. AnnaLeah knitting one of her many creations. AnnaLeah at Lake Michigan 11

“Grieving family’s tireless efforts paying off,” by Brie Handgraaf

A reporter from Rocky Mount has been following our story since we got back to North Carolina in May 2013 after the crash. She published an article in today’s Rocky Mount Telegram following the recent Advance Notice of Public Rulemaking for rear underride protection on Single Unit Trucks–encouraging readers to write a Public Comment and make a difference.

“Grieving family’s tireless efforts paying off,” By Brie Handgraaf, Staff Writer,

Monday, August 3, 2015

https://www.rockymounttelegram.com/news/grieving-family8217s-tireless-efforts-paying-2947611

Thanks, Brie!

The Public can Comment on the rulemaking here: http://tinyurl.com/oxfgovj

Other articles by Brie Handgraaf:

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ELDs for Trucker Hours; Minimum Liability; & Underride Guards: AL&MSUFTS Petition Update

AnnaLeah & Mary Stand Up For Truck Safety Petition

Petition Request

Current Rulemaking Stage

Electronic Logging Devices (ELDs)

The Petition’s 11,000+ signatures were added to the Public Comments for the Electronic Logging Device Rule.  The comment period ended May 27, 2014.

Final Rule is scheduled to be published by 9/30/15.

Companies would then have 2 years from that date to comply.

Minimum Liability Insurance

ANPRM was issued on 11/28/14 meaning: FMCSA announced that it is considering a rulemaking that would increase the minimum levels of financial responsibility for motor carriers.

https://www.federalregister.gov/articles/2014/11/28/2014-28076/financial-responsibility-for-motor-carriers-freight-forwarders-and-brokers

Public Comments closed on 2/26/15.

Those Comments are now being reviewed.

Trucking industry has attempted to get an amendment passed this summer on the THUD Appropriations Bill which would take away funding from FMCSA for continuing the rulemaking process.

Underride Guards

Based on the petition, available information, and the agency’s analysis in progress, NHTSA has decided that the Petitioners’ request related to rear impact guards merits further consideration. Therefore, the agency grants the Petitioners’ request to initiate rulemaking on rear impact guards. NHTSA is planning on issuing two separate notices—an advanced notice of proposed rulemaking pertaining to rear impact guards and other safety strategies for single unit trucks, and a notice of proposed rulemaking focusing on rear impact guards on trailers and semitrailers. NHTSA is still evaluating the Petitioners’ request to improve side guards and front override guards and will issue a separate decision on those aspects of the petition at a later date.

Proposed Rulemaking was issued for rear impact guards on tractor-trailers on July 10, 2014. This is the rulemaking stage in which an agency proposes to add to or change its existing regulations and solicits public comment on this proposal. Recommendations for revision of existing regulations are expected to be issued for Public Comments before the end of 2015.

https://www.federalregister.gov/articles/2014/07/10/2014-16018/federal-motor-vehicle-safety-standards-rear-impact-guards-rear-impact-protection

The Advanced Notice of Proposed Rulemaking (ANPRM) for Single Unit Trucks was issued on 7/23/15, with the Public Comments Period closing on September 21, 2015. This will be followed by an analysis of the Comments and a determination about whether or not, or how best, to initiate a rulemaking.

http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;D=NHTSA-2015-0070

Here is an outline of the rulemaking process:  https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf

Update on Electronic Logging Devices: “FMCSA advances e-log mandate, rule sent to OMB for approval”

http://www.overdriveonline.com/fmcsa-advances-e-log-mandate-rule-sent-to-omb-for-approval/

This means that the Electronic Logging Devices rule could be going into effect by September 30 and the industry would have to comply with it within two years.

“Still seemingly on target for its projected Sept. 30 publication, a Final Rule to mandate the use of electronic logging devices has been sent from the DOT to the White House’s Office of Management and Budget for final approval before being published.

The DOT’s Federal Motor Carrier Safety Administration sent the e-log rule to the OMB July 30, along with a Final Rule that will implement stiffer penalties for carriers, shippers, brokers and others who coerce or pressure drivers to not abide by federal safety standards like hours-of-service limits.

The OMB legally has 90 days to approve the rules or send them back to FMCSA to be changed, which is unlikely.

The rule, which will take effect two years following its publication in the Federal Register, will require all truck drivers who are required to keep records of duty status to use an electronic logging device, formerly known as electronic onboard recorders.”

Battle over Truckers’ Hours of Servicehttp://www.overdriveonline.com/report-fmcsa-cant-effectively-study-2013-hours-of-service-safety-conclusions-likely-skewed/

“In responding to the report, the DOT noted the GAO had recognized achievements associated with the hours rule: A decrease in the frequency of long work schedules, lower risk of driver fatigue generally, and reduced fatal truck crashes. It agreed with the GAO recommendation to adopt guidance outlining research standards for future analyses and promised a detailed response to the entire effort within the next 60 days.”

Petition Photo Bags at DOT, best

 

Tug of War over truck/highway safety: Something’s wrong with this picture!

Two years ago a truck crash killed our two youngest daughters, AnnaLeah (17) and Mary (13).

One year ago, we garnered over 11,000 signatures on a petition asked Secretary Foxx to advance 3 measures to improve factors related to safety on our roads.

We have seen step-by-step progress toward our goals but get concerned when we see signs that a tug of war continues over this life & death battle.

“Two Different THUD Bills Set Up Congressional Showdown on Trucking Issues” http://www.landlinemag.com/Story.aspx?StoryId=29323#.VZUr1_lViko

  • In our AnnaLeah & Mary Stand Up For Truck Safety Petition, we asked for Electronic Logging Devices to be required as soon as possible due to our concern about the impact of Driving While Fatigued (DWF) on truck drivers’ ability to respond in emergency situations (e.g., in work zones or when traffic is backed up due to a crash ahead–as in our case) http://www.bloomberg.com/news/articles/2014-10-01/mom-takes-on-truckers-after-highway-wreck-kills-daughters
  • Yet, there is still opposition to this method of keeping track of the hours that drivers are behind the wheel (paper log books are a joke, not considered reliable, & never shown to us after our crash).
  • From that report on the THUD Bills: “The House version also chose not to expedite mandates for electronic logging devices or speed limiters, which – like the insurance issue – are items opposed by OOIDA and small-business truckers but supported by large carriers and the American Trucking Associations.” – See more at: http://www.landlinemag.com/Story.aspx?StoryId=29323#.VZUr1_lViko
  • You’ve got to be kidding!
  • In our petition, we also asked for increases in minimum liability insurance for truckers–currently at $750,000 for over 35 years.
  • This, too, is being opposed. Read what that article said, “The House of Representatives has already passed its version of HR2577 for Transportation, Housing and Urban Development (THUD). That occurred on June 9. OOIDA and small-business truckers won a victory in that version because it contained language to prohibit the Federal Motor Carrier Safety Administration from pursuing an increase to insurance requirements for motor carriers.” – See more at: http://www.landlinemag.com/Story.aspx?StoryId=29323#.VZUr1_lViko
  • At least there is some hope for moving the insurance issue forward, “Specific to the insurance issue, the Senate version says FMCSA may continue pursuing an increase to insurance requirements, but only if the Department of Transportation secretary reports to the Appropriations Committee about the effects of raising the financial responsibility. The report would have to include an assessment of crashes that exceed the damage limits and assess the effects of higher insurance premiums on large and small motor carriers.”While hardly a glowing endorsement for increasing insurance requirements, the Senate version of HR2577 does not prohibit an increase as the House version does.” – See more at: http://www.landlinemag.com/Story.aspx?StoryId=29323#.VZUr1_lViko
  • See what I found out on estimated liability insurance rates if the minimum is raised: https://annaleahmary.com/2015/06/uncovering-new-information-on-trucking-minimum-liability-insurance-rates/

And while I’m at it, here are some other things going on with truck safety:

  1. “Tractor-trailer hitches could be faulty, 6,000 may be in use”  http://bigstory.ap.org/article/b9a33284cb604dc79f7e7d8ecd3c18ef/tractor-trailer-hitches-could-be-faulty-6000-may-be-use
  2. “Senator Goes After Reform of FMCSA” http://www.landlinemag.com/Story.aspx?StoryID=29305#.VZUqSPlViko     Comment by Steve Bixler
    “I applaud Sen. Fischer for her work on this bill. I have been saying for years, and hopefully it can be added to this or another bill soon, that what we need is a panel of veteran truck drivers, not company executives or industry stakeholders, but the actual guy who has his butt in the seat everyday, to oversee and review all existing FMCSA Regs, and also to be a part of all new regulation writing, so we can finally get rules and regs that are actually about safety and not money.”

Something’s wrong with this picture! When will it end?

Let’s make sure that it is not just about $.

And let’s not just point our finger at someone else to take the blame. Let’s figure out what we can do to end this senseless, tragic heartache happening on our roads. Let’s work together.

We Rescue Jesus Saves 018

Safety Is Not A Priority