Fact Sheet on Truck Driver Hours-of-Service from DOT (FMCSA)

 

We cannot roll-back the Hours-of-Service rule and cause more deaths and injuries when saving lives should be first and foremost.” — Daphne Izer of Maine, whose 17-year-old son and three other teenagers were killed by a trucker who fell asleep at the wheel.

 

 

Fatal Crash Rates

 

While the rate of fatal crashes involving large trucks per 100 million vehicle miles traveled decreased each year from 2005 through 2009, it rose, along with increased demands for freight shipping, from 2009 through 2012.

 

 

Data from the U.S. Department of Transportation shows that in 2012 there were:

 

  • 10,659,380 large trucks registered in the United States;

  • 317,000 traffic crashes involving large trucks – an average of 6,100 each week, or 868 per day;

  • 3,921 fatalities involving large truck crashes – an average of 75 per week, or 11 per day;

  • 73,000 large truck injury crashes – an average of 1,400 per week, or 200 per day.

 

 

Driver fatigue is a leading factor in large truck crashes. The 2006 Large Truck Crash Causation Study reported that 13 percent of Commercial Motor Vehicle (CMV) drivers were considered to have been fatigued at the time of a serious crash.

 

 

The Revised Hours-of-Service rules from the FMCSA went into effect in July 2013 to reduce fatigue-related crashes and ensure that drivers get the rest they need to be alert, safe and awake when operating up to 80,000-pound vehicles on roads they share with the traveling public. The regulations reduce the maximum average work week for truckers to 70 hours from 82 hours and require them to take a 30-minute break during the first eight hours of their shift.

 

 

Analysis shows the revised rules:

 

  • Prevent approximately 1,400 crashes each year — saving 19 lives and avoiding 560 injuries;

  • Impact less than 15 percent of the truck driving population;

  • Provide $280 million in annual savings from fewer crashes and $470 million in annual savings from improved driver health (i.e., reduced mortality).

 

Scientific study of the 34-hour provision:

 

One of the largest naturalistic field studies to measure fatigue among commercial motor vehicle drivers provided further scientific evidence that the 34-hour restart provision in the current hours-of-service rule for truck drivers is more effective at combatting fatigue than the prior version.

 

 

Scientists who measured sleep, reaction time, sleepiness and driving performance found that drivers who began their work week with just one nighttime period of rest, as compared to the two nights in the updated 34-hour restart break:

 

  • Exhibited more lapses of attention, especially at night;

  • Reported greater sleepiness, especially toward the end of their duty periods; and

  • Showed increased lane deviation in the morning, afternoon and at night.

 

 

Working long daily and weekly hours on a continuing basis is associated with chronic fatigue, a high risk of crashes, and a number of serious chronic health conditions in drivers.

 

 

A National Institute for Occupational Safety and Health survey found that 69 percent of truck drivers were obese and 54 percent smoked. Additionally, 88 percent of long-haul truck drivers reported having at least one risk factor (hypertension, smoking, and obesity) for chronic disease, compared to only 54 percent of the general U.S. adult working population: http://www.cdc.gov/niosh/updates/upd-01-16-14.html.

 

The Daines Amendment Passed: Contact Your U.S. Representative

J, M, I The Hill

See how your U.S. Representative voted yesterday—for or against the Daines Amendment, which would block increases to minimum liability insurance levels for trucks. It passed 214 – 212: http://trucksafety.org/see-how-your-representative-voted-the-daines-amendment/

Make a difference…Tell your Representative:

  • “Thanks for your vote!” OR
  • “Please reconsider your vote! The minimum insurance levels have not been raised for over 30 years. Who will suffer? Independent Owner Operators. Accident victims & their families. Taxpayers.”

Tuesday, June 10: Help us take action now to stop an anti-truck safety move

Petition Photo Bags at DOT, best

UPDATE at 7:30 p.m.: The Daines Amendment passed 214-212; next steps will be announced tomorrow hopefully.

We have some tentative good news. At least for right now, there are no amendments scheduled to be brought up in the House today to suspend the HOS restart provision or to permit 33 foot double trailers. The recent tragic crashes in California and New Jersey brought a lot of attention to truck safety issues, and along with your support, helped to push back these dangerous provisions……for now.

But, we need your help to stop an ANTI-TRUCK SAFETY move in Congress this morning—an attempt to block any increase in truck driver minimum insurance requirements (one of the requests in our Petition).

This morning, the House of Representatives will vote on amendments to the Transportation, Housing and Urban Development (THUD) Bill Fiscal Year 2015. Congressman Daines (R-MT) is offering an anti-truck safety amendment to block any increase in minimum insurance requirements for truck carriers.

Voting starts at 1:30 (Eastern) this afternoon, June 10.

Every year on average 4,000 people die in truck crashes and 100,000 more are injured at a cost of at least $87 billion.

Crashes involving multiple deaths and injuries, similar to the recent tragic crashes in New Jersey and California, happen every week. The total combined damages from these crashes far exceed the current minimum insurance requirements.

The families who suffer terrible losses and injuries should not have to also bear the financial burden of these crashes.

TAKE action now:

 Please call your Congressman ASAP and Urge them to:

REJECT THE DAINES AMENDMENT WHICH WOULD BLOCK AN INCREASE TO MINIMUM INSURANCE REQUIREMENTS

To find your Representative and their contact information, please click http://www.house.gov/representatives/find/.

Talking Points:

We urge you to oppose the Daines amendment that would block an increase in minimum insurance requirements for motor carriers in the THUD bill (H.R. 4745) for fiscal year 2015.

Minimum Insurance Levels for Motor Carriers Need to be Increased:

  • Minimum levels of insurance for trucks, currently set at $750,000, have not been increased in over 30 years and are woefully insufficient.
  • Consequently a portion of the damages and losses caused by motor carriers who carry insurance at or near the minimum is imposed upon the American motoring public.
  • The underinsured segments of the industry are effectively subsidized by American taxpayers through unreimbursed social welfare programs including Medicaid and Social Security.
  • If all of the industry were required to absorb more of the losses they cause, significant changes in the industry would occur, resulting in safer highways for all.

FMCSA Report Supports an Increase in Minimum Financial Responsibility:

  • In April 2014, the Federal Motor Carrier Safety Administration (FMCSA) released a report on its review of minimum financial responsibility that found current levels to be inadequate.
  • It found that costs for severe and critical injury crashes can easily exceed $1 million, that current limits do not adequately cover catastrophic crashes and acknowledged that medical care inflation would increase levels to at least $3.2 million.

Additional Reports Support Increasing Minimum Financial Responsibility:

  • Pacific Institute for Research and Evaluation (PIRE) – This report found that the upper range for liability awards involving death or catastrophic injury is $9-10 million, and recommended that DOT set limits per crash of at least $10 million.
  • Trucking Alliance Review of Crash Settlements – Member companies of the Trucking Alliance voluntarily tracked 8,692 accident settlements between 2005 and 2011. According to the Trucking Alliance, 42 percent of the injury claims could have had no avenue for offsetting all medical costs.

The Daines amendment would inappropriately block a regulatory process that Congress directed.:

  •  Congress gave the DOT Secretary and FMCSA the authority to review the minimum insurance level, and the rule making process, including public comments, should be respected and followed.
  • MAP-21 directed the U.S. Department of Transportation (DOT) to review minimum financial responsibility requirements for motor carriers. The Daines amendment would inappropriately block changes necessitated by this review.

The losses of lives and injuries in the recent tragic crashes in California and in New Jersey are just two examples of the potential for large damages in truck crashes.

The American public should not be forced to subsidize the damages in these crashes.

OPPOSE THE DAINES AMENDMENT

IMG_4465

Impact of Hours of Service Rules: What is the truth?

IMG_4491

I would like to know the truth of the matter regarding yesterday’s Amendment to the THUD (Transportation, Housing, & Urban Development) bill suspending the 34 Hour Restart Rule for truck drivers for a year while a study is conducted, as well as the requirement for truckers to have two consecutive nights with sleep during the 1-5 a.m. time period.

The American Trucking Associations are saying that there have been unintended consequences due to those two provisions of DOT’s Hours of Service (HOS) rule implemented last July. ATA says that, “…the motor carrier industry’s safety performance while operating under the former 34-hour restart rule from 2004 through 2012 (latest data available). The number of truck-involved fatalities dropped by 21 percent between 2004 through 2012, and the number of truck-involved injuries dropped by 20 percent over the same timeframe. The only publicly available fatigue-related data from the Trucks Involved in Fatal Accidents database (now discontinued due to lac of US DOT funding) showed a very low percentage of fatal crashes involved fatigue–less than 2% with the latest year (2009) coming in at 1.4%.”  (Taken from a letter sent by the ATA on June 3, 2014, to the chairs and co-chairs of the Appropriations Committee and the Subcommittee on Transportation, Housing, & Urban Development, & Related Agencies)

On the other hand, Anne Ferro (FMCSA) says this: “Since 2009, we’ve seen an 18 percent increase in large truck crash fatalities. To put that in perspective, in one year alone, large trucks were involved in 317,000 traffic crashes resulting in an average of 75 deaths per week. That’s 11 per day.”

According to Ferro, the proposed amendment would cause a setback in DOT attempts to decrease driver fatigue and truck crash fatalities. Read more here: http://1.usa.gov/1hzbF59

Anne Ferro also said: “Fatigue is under-reported in crash accounts because drivers often don’t want to admit to being at-fault or sleepy. However, we know that driver fatigue is a leading factor in large truck crashes; in fact, analysis has shown that upward of 13 percent of commercial drivers involved in a crash were considered to have been fatigued at the time of that crash.”

What is the truth?

Truck Driver Fatigue: 1.4% vs 13%

Truck-Related Fatalities: Dropped 21% vs Increased 18%

I don’t know. But I do know that there were 2 horrific deaths caused by a truck driver on May 4, 2013 near Greensboro, Georgia. And I hear of many more all too often.

In our crash, log books were never found and the issue of driver fatigue was not even mentioned in the SCRTE Crash Report put together by the Georgia State Patrol. The fact that there were no log books is not affecting the charges one iota.

In addition, in many truck crash fatalities, the truck driver survives and the driver/passengers in the other vehicle do not. The victim cannot offer any input. In our case, I am alive to question what happened.

Senators on the Appropriations Committee were asked to make a quick decision based on the presentation by Senator Collins and the debate they heard over the course of less than half an hour. Many of them were confused about this issue.

The American Trucking Associations claim that those two restrictions–34-hr. restart provision and sleeping 2 nights from 1-5 a.m. have caused truckers to put more trucks on the road during congested daytime hours and that this is causing  more accidents. Is this the truth?

* “Why Congress shouldn’t roll back safety provisions set in place to keep tired truckers off the road”: http://1.usa.gov/1hzbF59

* “Administration to Congress: Leave trucker schedule rules alone.” Read more: http://bit.ly/1ktZuXA

You can hear the half-hour debate & vote over this Amendment at the Senate Appropriations Committee meeting on June 5, 2014:  http://youtu.be/JeuOqy_lOEc

( Video clips of AnnaLeah and Mary during their life. Audio: Recording of the public livestream of the Senate Appropriations Committee meeting on June 5, 2014, when an amendment was introduced and passed to suspend two of the components of the HOS rules for truck drivers.)

IMG_20140508_114515_341

 

Certified Medical Examinations: Reminder from DOT to Commercial Drivers

 

May 21, 2014 was the effective date of the National Registry of Certified Medical Examiners. This is a measure to ensure that DOT physicals are conducted by certified medical practitioners and, bottom-line, commercial motor vehicle drivers meet our health requirements. See the article below to learn more about this important step:

http://www.fmcsa.dot.gov/newsroom/dot-reminds-commercial-drivers-physicals-must-now-be-performed-certified-medical-examiners

More Opposition to DOT Safety Measures? You Have Got To Be Kidding!

IMG_4465

When will resistance to safety measures come to an end? Guess what…more delays are sure to mean more deaths.

How is it that anything can take priority over human life?

Maybe part of the problem is that “safety” is a word which can be argued back and forth. “This is being proposed to improve ‘safety’.” “That is not really helping ‘safety.'”

We aren’t talking about simply safety. We are talking about life and death, and horrific injuries.

Yet, the American Trucking Associations–I found out just today (May 21, 2014)–have thrown yet another monkey wrench in DOT attempts to decrease driver fatigue. What is likely to be the result? More confusion and delays and ultimately more untimely deaths due to crashes which come about as a result of driver fatigue…

http://www.truckinginfo.com/channel/drivers/news/story/2014/05/ata-stirs-reaction-with-bid-to-cut-funding-for-hours-of-service-restart.aspx

headstone

Two Years to Comply: Electronic Logging Devices

Once the final rule for Electronic Logging Devices (ELDs) is published–possibly by the Summer of 2015 according to DOT on May 5—then the trucking companies will have two years to comply (i.e., Summer of 2017).

What I want to find out is: Why are they allowed two years? What takes so long to get ELDs installed?

That’s what I am going to investigate.

It looks like part of the situation is the need for a management system which will monitor the ELDs:

“Other provisions state that every motor carrier will have to set up and use an hours-of-service management system to detect and prevent violations. This has always been a best practice. Now it would become a requirement when the rule is finalized. This management system will likely include the use of supporting documents that carriers generate or receive in the normal course of business. The rule will specify the exact criteria these documents will have to meet.” http://truckcompliance.com/industry-updates/elds-electronic-logging-devices-matter/

But why two years?

Here are details on the rule-making process:

”So, to break down the EOBR / ELD mandate process so far:

The road to the ELD mandate began when Congress passed MAP-21 in June 2012.

The president signed MAP-21 shortly thereafter, requiring the FMCSA to write a rule requiring use of electronic logging devices, or EOBRs, for all drivers that keep a Record Of Duty Status—about 3.1 million trucks and 3.4 million drivers today.

The FMCSA developed a Supplemental Notice of Proposed Rulemaking (SNPRM) that was sent to the Office of the Secretary, who approved it and sent it back to the FMCSA in July 2013.

From there, the rule moved over to OMB, where it cleared today, March 12, 2014.

The FMCSA will keep the rule for the next two weeks, eventually publishing the SNPRM for public comment.

A comment period will then take place, published as 60 days, giving anyone a chance to add their feedback.

The FMCSA will take those public comments and revise the rule, a process that can take between six and nine months.

According to these time frames, we can estimate a final rule to be published in the first calendar quarter of 2015.

Based on MAP-21 requirements, fleets will have two years to comply with these rules—meaning you will be required to implement an EOBR for an Electronic Logging Device by January 2017 at the latest.”

Taken from: http://eobr.com/eobr-news/eobr-mandate/eld-mandate-clears-omb/#more-849

 

 

 

Product Liability

underride guards trip to RDU 005IMG_4465

According to Wikipedia: “Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.”

According to our lawyer, product liability regarding underride guards on the back of semi-trailers would involve one of the following:

  • design according to federal standards
  • proper installation
  • maintenance

Should a company also be held liable for the safety of their products if there are higher known standards than what federal law requires of them?

Paper Log Books

Washington DC 151

On the way home from DC, we stopped at a truck stop for gas. On the way through the convenience store, I walked down an aisle which displayed Driver’s Daily Log booklets. Never saw one before. I just had to buy it for $2.99—good for keeping track of a month’s worth of driving days and nights and however many hours of service a driver logged.

 Never found one for the driver in our case. But apparently nobody takes these too seriously. Unreliable. The reason for the change to Electronic Logging Devices (ELDs). I hope that they can make ELDs work better than the paper log books and not just for after-the-fact evidence but for PREVENTION–for changing driving behavior to save lives.

Washington DC 158 Washington DC 157Washington DC 155Washington DC 156

Washington DC 152

Petition Update

Petition Photo Bags at DOT, best

The AnnaLeah & Mary Stand Up for Truck Safety Petition is recorded in the Public Comments for the Electronic Logging Devices Rule in the Federal Register: http://www.regulations.gov/#!documentDetail;D=FMCSA-2010-0167-1177 (You can easily view the names & comments by opening the Multiple Commenters XLS Spreadsheet–Sheet 1–at the bottom of that page.)

We are thankful for Care2 for providing a means for us to publicize our petition for truck safety to a large audience. We are thankful for the many people who responded to our request.

A Note From the Truck Safety Coalition: “To continue to receive updates on the Karth family’s advocacy, including opportunities to advance underride guard protection, minimum insurance requirements and ELDs, as the Karth family did in their petition, please go to http://trucksafety.org/karth-family-washington-dc/ and fill out the contact information at the bottom of the page. The Truck Safety Coalition appreciates your interest and hopes that you will continue to support actions to improve truck safety issues and help protect our families.”

Thank you for signing our petition for truck safety in memory of AnnaLeah and Mary Karth. Eight members of our family traveled to Washington, DC, to deliver over 11,000 petitions one year after the crash that killed AnnaLeah and Mary Karth.

We were able to deliver all of the petitions to the top two administrative officials, Anne Ferro (FMCSA) and David Friedman (NHTSA), in the Department of Transportation in Washington, DC, on May 5, 2014—one year after our crash. We then had an hour-long meeting with DOT.

Basically, we were really well received. The 11,000 petitions will be put on the Public Comment record for each of the 3 issues. And it appears that the DOT is making positive movements toward truck safety, but many of these changes will still take years to accomplish.

From the DOT meeting notes:  “After speaking with reporters, we proceeded with the bags of petitions into DOT for our meeting. Ferro had the Karths officially present the petition, she accepted it on behalf of DOT, and then the meeting began. The meeting addressed the three petition issues:  minimum insurance, underride guards and Electronic Logging Devices.

Attending from DOT:   Anne Ferro, Administrator, FMCSA; David Friedman, Acting Administrator, NHTSA; Bill Bronrott, Deputy Administrator, FMCSA; Jack Van Steenburg, Chief Safety Officer & Assistant Administrator, FMCSA; Kevin Vincent, Chief Counsel, NHTSA; Lori Summers, Director, Office of Crashworthiness Standards, NHTSA”

Here are links to media and photos:

Here is a link to make public comment on Electronic Logging Devices:

 https://www.federalregister.gov/articles/2014/03/28/2014-05827/electronic-logging-devices-and-hours-of-service-supporting-documents

Please be sure to periodically check our website, https://annaleahmary.com/, for future updates and ways that you can help us keep pushing for safer roads for us all.

Washington DC 129