Tag Archives: truck safety

Same Old, Same Old: Trucking Safety Debates Impact Spending Bill

When the trucking industry uses the appropriations bill process to sway votes, what do you think is their primary motivation: Safety or Profit?

See what you think:

“Foxx said Republicans are conducting an end run around the normal legislative process by including the trucking provisions in his agency’s funding bill.

What’s happening is the appropriations process is now being used to create policy, which, when it comes to safety, that’s a real problem because it leaves us without a process with which we can articulate the concerns we have, he said. You can expect us to be very vocal about these issues, and my hope is that folks won’t only reconsider the merits of some of the issues, but also some of the processes that some of these issues are dealt with, because there’s a much better process available.

The trucking industry offered a starkly different perspective, saying the provisions that are included in the THUD bill have been on Congress’s agenda for a long time.

These issues have been debated for years, American Trucking Association spokesman Sean McNally told The Hill on Wednesday morning, noting that lawmakers will be holding a hearing on the appropriations bill in the afternoon.

They’re the same issues we’ve been talking about for years, and now we’re going to talk about them again, he said.

McNally added the appropriations bill is fair game for the trucking provisions because it is a piece of legislation that is moving through Congress.

We obviously take a different view of the safety ramifications of these provisions, he said, describing the changes as a number of things we believe will increase output and safety.”  http://thehill.com/policy/transportation/240453-gop-spending-bill-reignites-trucking-debate

Sounds good, but just exactly how will their actions increase SAFETY? That is what I want to know.

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Truck Crash Moment: A truck driver’s actions forever divided time into Before & After

AnnaLeah and Mary Mary & AnnaLeah Before

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headstoneAnnaleah  & Mary After

Bloomberg News: In-Depth Reports on Trucking Safety Issues

Check out these in-depth articles on issues related to safety on the road.

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IIHS Reports on New Crash Testing for Improved Underride Guards

IIHS October 2014 Status Report Article First Page

The Insurance Institute for Highway Safety has just released a report on recent crash testing for one trailer manufacturer’s improved design for their rear underride guard. Vanguard has now passed the 50% overlap test–with testing still needed for the more narrow overlap test at the edges of the trailer’s guard.

Additional companies have plans to get their guards tested in the future.

Our story is featured in this fall’s edition of the organization’s Status Report. We are thankful for their efforts to research and report on this vital truck safety issue. Their previous reports helped us to better understand the weakness of the current federal regulations for underride guards.

Read the report hereIIHS Status Report October 2014

Also, the Truck Safety Coalition has issued a press release on this issue:  http://trucksafety.org/press-release-industry-makes-improvements-while-rule-for-better-underride-languishes/

Link to IIHS Status Report Issueshttp://www.iihs.org/iihs/sr

November 2015 IIHS Status Report with an update on Single Unit Truck Underride Rulemaking:  http://www.iihs.org/iihs/sr/statusreport/article/50/9/2

 

IIHS October 2014 Status Report Cover

Entry Level Truck Driver Training

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We have come to realize that it is way too easy for someone to obtain a CDL to drive a truck–whether or not they have been adequately trained to do so or even are proficient in the language needed to understand all of the regulations involved and to communicate while on the job.

So we are glad to see the recent action taken to call for Secretary Foxx to issue minimum entry level training requirements. Please read about it here:

http://trucksafety.org/the-new-york-times-on-issuing-a-long-overdue-rule-for-entry-level-truck-driver-training/

Truck Driver Training Requirements Long Overdue

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Would AnnaLeah & Mary be here now to enjoy another beautiful autumn day. . . if the truck driver had been required to go through more rigorous and complete driver training before he got his CDL?

Yesterday, a number of safety groups announced that they are suing the federal government in an attempt to increase the requirements for obtaining a CDL. Read about it here: http://trucksafety.org/safety-advocates-teamsters-sue-u-s-dot-failing-issue-long-overdue-truck-driver-training-requirements/

“Congress initially told the agency to finish a rulemaking process on driver training by 1993, but the agency still has not done so.

Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways (CRASH), and the International Brotherhood of Teamsters filed the suit in the U.S. Court of Appeals for the District of Columbia against the DOT and the Federal Motor Carrier Safety Administration (FMCSA), the agency charged with issuing the rule. Public Citizen is representing the groups.”

Let’s stop dragging our feet. . . this is not rocket science (as Jerry likes to say)!

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Fatigue in Transport…from an Australian source

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I read this recently from an Australian paper on fatigue in transport. . .

“Human fatigue is now recognised around the world as being the main cause of accidents in the transport industry. It is increasingly being recognised as a safety issue of the highest priority.

The issue of fatigue in the workplace in all modes of transportation and even beyond transportation is something that is exploding as a priority issue across the industrialised world. (Transcript of evidence, 10 September 1999, Melbourne, p.186 (Prof. David Dinges).

Fatigue is not just an industrial issue to be negotiated between employers and employees. It is also an occupational health and safety issue, a commercial issue, a public safety issue and, at times, an environmental issue. Individuals and organisations that fail to manage human fatigue sensibly, risk having or creating accidents with a broad range of damaging and enduring consequences.”

 http://www.rsrt.gov.au/default/assetsFile/exhibits_draftRSRO/TWU31_2.pdf

Reckless Driving & Criminal Injustice: One More Grief For Victims to Bear

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MOM (Mad Old Mother) has had it up to here!

I have been frustrated this week with the unveiling of new details which compound the lack of accountability and justice in our truck crash. Basically, once a truck driver is charged with homicide by vehicle, second degree–which is a misdemeanor–there is, too often, no chance that anyone will dig deeper and see if it would be more appropriately charged as first degree–a felony.

The result: a homicide for which no one is held responsible.

Then I read this morning about 7 family members killed in a truck crash on August 15, 2013. The surviving family just found out that, ” there are no charges being filed against this truck driver. The prosecutor’s office said tests showed there were no drugs or alcohol in the Michigan trucker’s system at the time of the fatal crash.”  http://lakeshorepublicmedia.org/140938/

Law Enforcement is in the habit of charging truck drivers with Homicide by Vehicle, Second Degree: A Misdemeanor. Current Laws do not define their actions as Reckless.

End Result: There is no Accountability for their Actions.

Wake up, world! According to Georgia law (where our crash occurred), “reckless driving is defined as driving a vehicle in a manner that shows reckless disregard for the safety of person or property.”

Of course, truck drivers are not charged with reckless driving because they did not set out to intentionally harm someone.

I am not saying that every truck crash fatality is due to reckless driving. But Everybody needs to understand that truck drivers get on the road in a Death Machine.

Drivers need to be properly trained and educated to understand that their Every Action can mean the difference between life & death. Especially Driving While Fatigued! (DWF)

Trucking companies need to schedule and pay their drivers with the full knowledge that they bear a part of the blame if truck drivers are fatigued.
https://annaleahmary.com/2014/07/driver-fatigue-needs-to-be-recognized-as-a-public-health-problem/

Law Enforcement needs to rethink their attitude. State departments of motor vehicle & public safety need to be more vigilant. Truck driver training schools need to train their drivers more thoroughly. County prosecutors need to become educated about the dangers of Driving While Fatigued. Laws need to be changed to reflect this deadly and overlooked reality. And the Trucking Industry needs to acknowledge that putting drivers on the road with Unsafe Equipment makes them Culpable in this Reckless behavior as well.

Injustice in truck crashes needs to stop! http://tinyurl.com/pbfburj and http://tinyurl.com/py6nmtw #trucksafety #nojustice #driverfatiguefelony

Law Enforcement: With Justice For All…Balancing Truth & Love

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 This could be one of the harder things which I have written—putting in a nutshell the depth of our frustration with the circumstances surrounding the investigation of two senseless deaths.

This morning I read once more about what Mary said to Jesus after her brother Lazarus had died, “Lord, if You had been here, my brother would not have died.” Later, we find out that, “Jesus wept.” And I was reading this in the context of verses about prayer: “And everything you ask in prayer, believing, you shall receive,” said Jesus.

The reality is that (until Jesus comes back again) we humans will all die a physical death. Robin Williams has died recently, as has Lauren Bacall. Due to a great variety of reasons, we will all die. And, despite nothing being impossible for God, most of us are not likely to be raised from the dead until The Last Day.

I know that. I accept that. But, what is excruciatingly hard for me to understand and accept is the fact that there are so many factors that are involved in the potentially-preventable deaths of AnnaLeah and Mary—so many, in fact, that it is all too easy for no one to bear the responsibility.

I have written a post entitled, “Our Crash Was Not An Accident,” in which I spell out many of those factors: https://annaleahmary.com/2014/07/our-crash-was-not-an-accident/

In addition to the many “truck safety” issues which I have written about before—including underride guards, driver fatigue, and minimum liability insurance (which, of course, is not about safety but about adequately providing for the needs of crash victims after the fact)—I want to address two other issues.

They are law enforcement and CDLs. Both of them are huge topics, so I will concentrate on law enforcement now and leave CDLs for another time.

Not being sure that enforcement was the best choice of words, I looked up the definition and found that it indeed provides an apt description of that activity about which I wish to speak:

Law enforcement broadly refers to any system by which some members of society act in an organized manner to enforce the law by discovering, deterring, rehabilitating persons who violate the rules and norms governing that society. Although the term may encompass entities such as courts and prisons, it is most frequently applied to those who directly engage in patrols or surveillance to dissuade and discover criminal activity, and those who investigate crimes and apprehend offenders.” http://en.wikipedia.org/wiki/Law_enforcement

Basically, on top of the loss of Mary and AnnaLeah, we have had our pain amplified by what has seemed to be a superficial handling of the circumstances of their deaths by law enforcement officials—in effect, making too light of it. Sure, we could have a distorted perception which might appear bitter;  I admit that my anger might sometimes sway my analysis. But our reaction has been confirmed by others who have viewed it from a more objective position.

Let me try to summarize it here—a very difficult task:

  • The Crash Reconstruction Report, which we received seven months after the crash, was, according to our attorney, very disappointing and inadequate. Questions About Justice in the State of Georgia
  • Although the case is still pending, from what we have been told, the truck driver is likely to get by with a relatively light sentence based upon two counts of Homicide by Vehicle, Second Degree (a misdemeanor).  Re-examine the Definition of Reckless Driving 2  According to the DA’s office, he is not likely to get jail time.
  • Despite any improvement in trucking regulations such as Hours of Service (to combat the problem of driver fatigue) and Medical Cards, these regulations are worthless if the investigating officers do not get to the bottom of these issues in a particular crash.  Questions About Justice in the State of Georgia
  • Not all truck crashes are primarily caused by the truck driver (although what testimony do we hear from the dead car driver?), but when they are, and the investigation does not thoroughly uncover what led to the crash, what kind of a deterrent will a light sentence provide to that driver or other drivers?
  • Particularly in the case of driver fatigue. . . Re-examine the Definition of Reckless Driving 2
  • Calling it an Accident removes Accountability.

So who is taking responsibility for this crash  and its investigation (and thousands more like it every year)? How will this ever be addressed adequately to end this senseless slaughter of innocent victims in potentially preventable crashes?

When will everyone stop looking the other way–“doing the GM nod” of inertia and incompetence–letting someone else (i.e., nobody) shoulder the blame?

And this is only one “small” part of a huge mess of truck safety issues. When will we figure out that the widespread problem of truck safety (i.e., deaths and horrific injuries caused in crashes with trucks) is multifaceted and that a fragmented attack/approach to solving this disaster is never going to be very effective when everyone involved can point the finger of blame at someone else. . .and, sometimes, the scapegoat of a truck driver will get a slap on their wrist?

Over the course of the year following the crash, we have made many phone calls and sent many emails and letters. We have gotten very little in the way of answers to satisfy our need to understand what happened and to convince us that justice will be carried out.

And what is justice—morally right and fair—in this case? Does it mean looking the other way because he “didn’t mean to do it”? Does it mean showing him mercy and forgetting about it to the extent of meting out little or no consequences? Does it mean giving him a slap on the wrist because “there but for the grace of God go I”? These are hard questions.

We want to know the truth. Love for our daughters and for all travelers on the road—and for the truck drivers as well—drives our quest. The truth is said to set us free. Will the truth enable us, as a country, to free ourselves from injustice and from foolishly ignoring the problems? Unless we face the truth, we will continue to allow senseless, potentially-preventable crashes to rob us of loved ones.

With a potential trial date coming up the week of September 8,  I again attempted to get some answers and, earlier this week, wrote to the new Commanding Officer of the Georgia State Patrol. This was my closing plea:

“If this crash had killed your two children, Taylor and Logan, I wonder whether you would be satisfied with an investigation like the one which we have experienced with our crash.”

Please pray that our relentless demand for answers will ultimately lead to meaningful and enduring change.

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May 8, 2014 from Kathryn

Driver Fatigue Needs To Be Recognized As A Public Health Problem

I have tried to get the attention of the Department of Health and Human Services and requested them to address driver fatigue as a public health problem. So far, no one seems to be listening.

Here is a letter which I received from them yesterday in response to my letter to them (the Secretary of HHS) requesting that they address driver fatigue as a public health problem.
Letter from DHHS related to driver fatigue 001

They determined that they are not the best agency to address my concern and indicated that they are sending my letter to the Department of Labor. That is because, I suppose, I mentioned in the letter that I think the Department of Labor ought to be involved as well. Why? Because how truck drivers get paid and scheduled for their work are also factors in truck driver fatigue.

In other words, I think that driver fatigue will not be fully eliminated until we work together to address this complex public health problem that impairs drivers in much the same way as drunk driving. That is why I have called for a federal task force to work in a more coordinated fashion toward better protection for travelers on our roads.

Canada, at least, seems to be getting the idea and passing relevant legislation to take driver fatigue more seriously:

https://canadasafetycouncil.org/safety-canada-online/article/driver-fatigue-falling-asleep-wheel

“…Driving while fatigued is comparable to driving drunk, only there is not the same social stigma attached. Like alcohol, fatigue affects our ability to drive by slowing reaction time, decreasing awareness and impairing judgment. Driving while sleep impaired is a significant issue, and is no longer tolerated. Legislation {in Canada} is beginning to change by handling collisions cause by a fatigued driver as seriously as alcohol-impaired crashes.”

The Governors Highway Safety Association is supporting a Campaign to Eliminate Drunk Driving. I would like to see them do the same for driver fatigue. I realize that it is a more complex issue, but does that mean we should just ignore it and pretend it does not exist?

http://ghsa.org/html/issues/impaireddriving/index.html

Here is an excerpt from their website:

“Campaign to Eliminate Drunk Driving

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GHSA has joined MADD and others to support the Campaign to Eliminate Drunk Driving. [http://ghsa.org/html/issues/impaireddriving/cedd.html] The campaign has four components: technology, tougher enforcement, stronger laws, and grassroots mobilization. The goal is to ‘completely eliminate drunk driving…making it the public health equivalent of polio.’

GHSA Policy

Excerpted from GHSA’s Highway Safety Policies & Priorities http://ghsa.org/html/publications/pdf/13-14PP.pdf [115 KB, 27 pgs.]

E. Impaired Driving

Impaired driving is a serious problem threatening the safety of our nation’s highways. There are, however, methods of combating this crisis, particularly in the areas of law enforcement, legislation, training programs and evaluation and treatment for offenders.”

“Driving under the influence (DUI) of alcohol is a major public health problem.” http://www.attcnetwork.org/explore/priorityareas/science/tools/asmeDetails.asp?ID=684

DWF = Driving While Fatigued

It is time that we recognize it for what it is: a Public Health Problem.

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