Lack of oversight at issue in fatal crash

Original article published by National Transportation Safety Board
​At-rest position of the truck-tractor and Chevrolet. (Source: AZDPS with annotations by the NTSB.)

Crash highlights need for fatigue management and more action on collision avoidance and connected vehicle technologies

WASHINGTON (March 28, 2023) – A program to manage driver fatigue in agricultural transportation and collision avoidance technology would have prevented a fatal 2021 multivehicle collision in Phoenix where a tractor-trailer carrying milk crashed into stopped traffic, the NTSB said at its virtual public board meeting Tuesday.

“Generally, motor carriers must make a compelling safety case before regulators will grant them an exemption from safety rules. But, once Congress mandated and then expanded the agricultural hours-of-service exemption, the oversight of the carriers’ fatigue risk largely disappeared,” said NTSB Chair Jennifer Homendy. “Drivers operating under an hours-of-service exemption are at a greater risk of fatigue: an unacceptable — and avoidable — danger to every road user.”

The board met to discuss the findings and recommendations of an investigation into the multivehicle crash on June 9, 2021 that killed four and injured 11.

Following the initial impact, the milk truck crossed the eastbound travel lanes, struck a concrete median barrier and separated. The truck cab and one passenger vehicle were consumed by fire. Video footage showed the truck driver was facing forward before the crash and did not slow down as he approached the line of cars. Investigators found the driver had less than a six-hour opportunity for sleep the day of the crash and regularly worked 70 – 80 hours per week.

The trucking company, Arizona Milk Transport, operated under an “hours-of-service exemption” that allows unlimited driving hours for certain agricultural commodities within a 150 air-mile radius. Investigators said the safety impact of the hours-of-service exemption is unknown, as is the prevalence of its use, and called for more data.

Although exempted from hours of service, Arizona Milk Transport did not have a program to manage driver fatigue. The investigation found the company had poor oversight over its drivers and did not enforce its own policies regarding the maximum hours employees could work.

The NTSB called for the U.S. Department of Transportation to study the prevalence of driver fatigue in companies operating under the exemption and require them to seek authority to implement a fatigue management program. The NTSB also recommended milk industry associations encourage their members to adopt a fatigue management program.

In addition, the NTSB reiterated multiple recommendations on collision avoidance technology that would have prevented this crash from occurring in the first place. This includes recommendations to NHTSA to develop standards for forward collision avoidance systems in commercial vehicles and mandate connected vehicle technology on all new vehicles.

Further, the NTSB voted to reclassify two recommendations to the U.S. DOT and the Federal Communications Commission related to connected vehicle or vehicle-to-everything implementation. The NTSB changed the recommendations’ status to “open, unacceptable response” due to the lack of progress. The responses had been classified “open, await response.”

Vehicle-to-everything, or V2X, technology allows vehicles and infrastructure to relay important safety information to other vehicles to avoid crashes. The NTSB currently has 14 open recommendations related to collision avoidance systems and V2X technologies​ and the issue is on its Most Wanted List of Transportation Safety Improvements.

The executive summary, probable cause, findings, and safety recommendations are in the report abstract available on the investigation web page. The final report will be published on the NTSB website in several weeks.

The public docket for the investigation includes more than 1,800 pages of factual information, including reports, interview transcripts, and other investigative materials.


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UCR Fees to Decline by 9% in 2024, FMCSA Says

Original article published by Transport Topics

Reductions Would Range From $4 to $3,453 per Entity

Photo: FMCSA

Fees for Unified Carrier Registration Plan participants in 2024 will be reduced by approximately 9% compared with 2023 fees, the Federal Motor Carrier Safety Administration announced March 16.

FMCSA proposed that the fees for property motor carriers, brokers, freight forwarders and leasing companies be reduced by between $4 and $3,453 per entity, depending on the number of vehicles owned and/or operated by the affected entities.

The 2024 Unified Carrier Registration (UCR) fees will be reduced for companies with up to two power units to $37. For companies with 1,001 or more power units, fees will drop to $35,836.

The 41 states participating in the UCR agreement collect fees from participants. The UCR Plan and agreement is administered by a 15-member UCR board of directors — 14 appointed from the participating states and the industry, plus the deputy administrator of FMCSA.

Revenue collected is allocated to the participating states and the UCR Plan.

The UCR board provides fee adjustment recommendations to the Transportation Secretary when revenue collections result in a shortfall or surplus from the amount authorized by statute. If there are excess funds after payments to the states and for administrative costs, they are retained in the UCR Plan’s depository, and fees in subsequent fee years must be reduced as required by regulation.

Created by Congress in 2005, the UCR Plan and the 41 states participating in the UCR agreement establish and collect the fees and then dish out the more than $100 million in safety enforcement programs annually to the participating states.

UCR map

UCR Plan participating states (ucr.gov)

The fee adjustments are authorized by federal regulation because the total revenue collected for previous registration years has exceeded the maximum annual revenue entitlements of $107.78 million distributed to the 41 participating states, plus the amount established for administrative costs associated with the UCR Plan and agreement.

The board must also obtain DOT approval to revise the total revenue to be collected. Its recommendation now uses an average of the historical monthly collections over the prior three-year period to determine projected collections, which will yield a more accurate result.

The UCR board did not make a fee recommendation for the 2025 registration year, but the recommendation for the 2024 registration year anticipates an increase in fees for 2025, following the large fee decreases in previous years.

Because the state UCR revenue entitlements would remain unchanged, the participating states would not be impacted by this rule.

As of the summer of 2021, there were up to 44,000 motor carriers that had not registered with the plan, failed to pay their fees or had been issued penalties for past violations. Since then, the UCR board approved an aggressive three-pronged strategy to identify and contact unregistered motor carriers, authorizing three pilot projects that called for hiring a private contractor to contact, attempt to register and collect fees mostly from errant carriers from the nine nonparticipating UCR states to raise funds for the plan.


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Trucking safety advocates push for action on automatic braking and speed limiters

Original article published by Safety+Health

Photo: FMCSA

Washington — The Truck Safety Coalition is calling on the Department of Transportation to make automatic emergency braking and speed-limiting devices a requirement on commercial trucks and buses.

In a letter sent to Transportation Secretary Pete Buttigieg, coalition President Tami Friedrich Trakh and representatives from nine other industry, labor and academic organizations contend “it is past time to issue essential and overdue truck safety standards,” including changes to the Federal Motor Carrier Safety Administration’s hours-of-service rule for drivers.

The group points to the Feb. 3 train derailment and fire in East Palestine, OH, which involved the transportation of hazardous materials. “This similar scenario affects the safety of hundreds of thousands of hazardous materials shipments that move by truck every day through communities across the United States,” the letter states. “Government inaction and relentless opposition by special trucking interests puts the public at unnecessary and unreasonable risk of a deadly and dangerous crash.”

As mandated under the Infrastructure Investment and Jobs Act, FMCSA and the National Highway Traffic Safety Administration are proceeding with proposed rulemaking concerning automatic emergency brakingDOT’s Fall 2022 regulatory agenda lists March as a target date for publication of a proposed rule “to require and/or standardize equipment performance” for AEB systems on heavy trucks.

Regarding speed limiters, the coalition asks for a federal mandate on the use of speed-limiting devices to cap commercial motor vehicle speeds at 60 mph because “speed kills.” In May, FMCSA published an advance notice of supplemental proposed rulemaking that expands on a 2016 joint proposal from NHTSA and FMCSA that would require speed-limiting devices on trucks, buses and multipurpose passenger vehicles weighing more than 26,000 pounds. FMCSA is the lone agency listed on the proposal, which doesn’t specify a top speed. The 2016 proposal suggested capping speeds at 60, 65 or 68 mph.

According to the regulatory agenda, FMCSA anticipates publishing a second notice of proposed rulemaking in June.

The letter also calls for the restoration of a 2011 final rule that preceded a controversial 2020 rule change that FMCSA claimed would add flexibility to hours-of-service regulations for commercial truck drivers. “We urge you to restore the 2011 rule immediately and require a 30-minute rest break after eight hours of driving that does not allow non-driving work,” the letter states. “Additionally, DOT should reinstitute the rulemaking requiring screening and treatment of safety-sensitive personnel for obstructive sleep apnea, something DOT already requires of air pilots.”


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International Roadcheck Is May 16-18 with Emphasis on ABS and Cargo Securement

Original article published by CVSA

The Commercial Vehicle Safety Alliance (CVSA) has announced May 16-18 as this year’s International Roadcheck. International Roadcheck is a high-visibility, high-volume 72-hour inspection and enforcement event where CVSA-certified inspectors in Canada, Mexico and the U.S. will conduct inspections of commercial motor vehicles and drivers at weigh/inspection stations, designated inspection areas and along roadways.

This year, inspectors will focus on  to highlight the importance of those aspects of vehicle safety. Although ABS violations are not out-of-service violations, ABS play a critical role in reducing the risk of collisions by preventing the wheels from locking up or skidding, allowing a driver to maintain control of the vehicle while braking. In addition, improper cargo securement poses a serious risk to drivers and other motorists by adversely affecting the vehicle’s maneuverability, or worse, causing unsecured loads to fall, resulting in traffic hazards and vehicle collisions.

During International Roadcheck, inspectors will conduct their usual roadside safety inspections of commercial motor vehicles and drivers. Data will be gathered from those three days and shared later this year, as a snapshot of the state of commercial motor vehicle and driver safety.

International Roadcheck also provides an opportunity to educate the motor carrier industry and general public about the importance of safe commercial motor vehicle operations and the North American Standard Inspection Program.

During a routine , inspectors focus on two areas – driver and vehicle safety compliance.

  •  – Inspectors will ensure the vehicle’s brake systems, cargo securement, coupling devices, driveline/driveshaft components, driver’s seat, fuel and exhaust systems, frames, lighting devices, steering mechanisms, suspensions, tires, wheels, rims, hubs and windshield wipers are compliant with regulations. Inspections of motorcoaches, passenger vans and other passenger-carrying vehicles also include emergency exits, seating, and electrical cables and systems in the engine and battery compartments.
  • Driver safety – Inspectors will check the driver’s operating credentials, hours-of-service documentation, status in the drug and alcohol clearinghouse, seat belt usage, and for alcohol and/or drug impairment.

Vehicles that successfully pass a Level I or Level V Inspection without any critical vehicle inspection item violations may receive a CVSA decal, which is valid for three months. If the inspector does identify critical vehicle inspection item violations, as outlined in the , the vehicle will be restricted from operating until the identified out-of-service conditions have been corrected. Inspectors may also restrict the driver from operating if the driver is found to have driver out-of-service violations, such as not possessing a valid or necessary operating license or exhibiting signs of impairment.

CVSA’s law enforcement member jurisdictions in cities, states, districts, provinces and territories in Canada, Mexico and the U.S. participate in International Roadcheck with support from trucking associations, transportation safety organizations and federal agencies, such as the Federal Motor Carrier Safety Administration, Transport Canada and Mexico’s Ministry of Infrastructure, Communications and Transportation.


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FMCSA Announces Proposed Improvements to Its Safety Measurement System to Prevent Crashes

Original article published by FMCSA

WASHINGTON – The Federal Motor Carrier Safety Administration (FMCSA) announced proposed changes to its Safety Measurement System (SMS) to reduce and prevent crashes. The SMS uses data from roadside inspections, crash reports, and investigations to identify and prioritize for intervention the motor carriers that pose the greatest risk to safety. As part of FMCSA’s commitment to continually improve how the Agency uses data to focus enforcement, these proposed changes aim to better identify the companies needing the most intervention, and also will help companies better understand how to use this data to influence safer behaviors.

“Safety is FMCSA’s core mission. The proposed changes are part of the Agency’s continued commitment to enhancing the fairness, accuracy, and clarity of our prioritization system,” said FMCSA Administrator Robin Hutcheson.

Some of the proposed changes include reorganizing the SMS’s safety categories (currently known as “BASICs”); organizing roadside violations into violation groups for prioritization purposes; simplifying violation severity weights; adjusting some of the Intervention Thresholds that identify companies for possible intervention; and more changes aimed at comparing similar motor carriers to each other.

A new website, the Compliance Safety Accountability (CSA) Prioritization Preview, which is now live, is the first phase of planned updates to the Agency’s SMS. Motor carriers can visit the website to preview how their data would appear under the proposed changes. Companies are encouraged to preview these results and submit feedback on the proposed changes to FMCSA at the Federal Register website. Other users will be able to view sample pages.

FMCSA strongly encourages stakeholders to participate in the preview and submit their comments to the public docket.

The proposed changes to the Agency’s SMS are explained in a Federal Register notice (2023-02947). Feedback on the proposed changes must be submitted to the Federal Docket Management System (https://www.regulations.gov/), Docket ID Number: FMCSA-2022-0066. The 90-day comment period will begin on February 15, 2023 and are due by May 16, 2023. FMCSA will hold four public online question and answer webinars, during which participants will be able to ask questions about the preview and proposed changes and receive real-time answers, time permitting. Registration is required. Visit the CSA Prioritization Preview website for more information.


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FMCSA asks for more input on automated driving systems for trucks and buses

Original article published by Safety+Health

Photo: FMCSA

Washington — The Federal Motor Carrier Safety Administration is moving forward – and seeking feedback – on a proposed rule that would amend, revise or eliminate existing regulations to integrate commercial trucks and buses equipped with automated driving systems.

A supplemental advance notice of proposed rulemaking published in the Feb. 1 Federal Register requests additional information as the agency aims to expand on a May 2019 ANPRM focused on ADS-equipped vehicles.

In its Fall 2022 Unified Regulatory Agenda, FMCSA had indicated its intention to publish in January a notice of proposed rulemaking on the vehicles.

“FMCSA invites comment on additional questions and those issued in the previous ANPRM to help FMCSA assess benefits, costs and other impacts of any potential proposal issued later,” the SANPRM states.

Those additional questions include:

  • Should FMCSA require motor carriers operating Level 4 or 5 ADS-equipped commercial motor vehicles to notify the agency before operating those vehicles in interstate commerce without a human driver behind the wheel?
  • Before operating in interstate commerce, should motor carriers be required to submit information, data, documentation, or other evidence that demonstrates to FMCSA that motor carriers seeking to operate Level 4 or 5 ADS-equipped CMVs have appropriate safety management controls in place to operate the vehicle in accordance with the manufacturer’s specifications and with federal requirements?
  • What data should FMCSA collect and maintain regarding Level 4 or 5 ADS-equipped CMVs engaged in interstate transportation? How would such information be used and how would it improve the agency’s ability to oversee the safe operation of Level 4 or 5 ADS-equipped CMVs?
  • To what extent should the federal requirements otherwise applicable to CMV drivers (such as hours-of-service limitations, drug and alcohol testing, and physical qualifications) also apply to a remote assistant who isn’t expected to take control of the dynamic driving task of an ADS-equipped CMV operating at Level 4?
  • What, if any, aspects of the remote assistant job function may require FMCSA oversight, including minimum standards and/or auditing (for example, training, physical qualifications and other job-performance related measures)?
  • Are there any specific limitations that should be imposed on the working conditions of remote assistants, such as limitations on the number of ADS-equipped CMVs that a remote assistant is simultaneously responsible for or the number of hours that a remove assistant may work?
  • Should Level 4 or 5 ADS-equipped CMVs be subject to pre-trip inspection requirements for their mechanical and ADS components in addition to those specified in 49 CFR 392.7, including those which might necessitate new inspection equipment, before such CMVs are dispatched and after a specified period of operation?
  • Under what safety situations should state inspectors and/or FMCSA receive immediate notification of an unsafe maintenance or operational issue, if any?

The deadline to comment is March 20.


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Trucker access to parking and rest facilities part of supply chain bill

Original article published by Safety+Health
trucks-rest-area

Photo: Missouri Department of Transportation

Washington — Measures for expanded access to parking and rest facilities are included in recently proposed bipartisan legislation aimed at revamping the interstate trucking supply chain system.

Introduced Jan. 24 by Reps. Dusty Johnson (R-SD) and Jim Costa (D-CA), the Safer Highways and Increased Performance for Interstate Trucking Act (H.R. 471) would permit the transportation secretary to issue grants for projects that provide truck parking. Those grants would total $175 million in fiscal year 2023 and a combined $580 million over the next three fiscal years.

In step with a Senate bill (S. 5169) introduced in the previous Congress, entities eligible for grants would be:

  • States
  • Metropolitan planning organizations
  • Local governments
  • Agencies of states or local governments “carrying out responsibilities relating to commercial motor vehicle parking”
  • Tribal governments or a consortium of tribal governments
  • Multistate or multijurisdictional groups

Grantees would be permitted to partner with private entities “to carry out an eligible project.” Projects may include those that:

  • Build rest areas that include truck parking.
  • Open existing weigh stations, rest areas and park-and-ride facilities to truck parking.

Further, the legislation would require the transportation secretary to consult with state departments of transportation, private providers of truck parking, and other bodies to prepare a report that “evaluates the availability of adequate parking and rest facilities” for trucks in interstate transportation and updates the progress on providing such spaces.

In a press release, the Shippers Coalition praises the legislation for “lessening burdens on truck drivers.”

A lack of safe places for truckers to park ranked third on the American Transportation Research Institute’s list of top trucking industry concerns, released in October.


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FMCSA has Removed Nationwide Technologies Inc’s “Nationwide ELD” from List of Registered ELDs

Original article published by FMCSA

Photo: Nationwide Technologies Inc

WASHINGTON – The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has removed Nationwide ELD from the list of registered Electronic Logging Devices (ELD). FMCSA has placed Nationwide ELD on the Revoked Devices list due to the company’s failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A, effective February 3, 2023.

FMCSA sent an industry email to let motor carriers know that all who use Nationwide ELD devices must take the following steps:

  1. Discontinue using the revoked device(s) and revert to paper logs or logging software to record required hours of service data.
  2. Replace the revoked device(s) with compliant ELD(s) from the Registered Devices list before April 4, 2023.

Motor carriers have a period of up to 60 days to replace the revoked device(s) with compliant ELD(s). If the ELD provider corrects all identified deficiencies, FMCSA will place the device back on the list of registered devices and inform the industry and the field.

During this period, safety officials are encouraged not to cite drivers using Nationwide ELD for 395.8(a)(1) – “No record of duty status” or 395.22(a) – “Failing to use a registered ELD.” During this time, safety officials should request the driver’s paper logs, logging software, or use the Nationwide ELD display as a back-up method to review the hours of service data.

Beginning April 4, 2023, motor carriers who continue to use the revoked device listed above would be considered to be operating without an ELD. Safety officials who encounter a driver using a revoked device on or after April 4, 2023 should cite 395.8(a)(1), and place the driver out-of-service in accordance with the CVSA OOS Criteria.

FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that the deficiencies are not addressed in time.

For more information on ELDs, visit FMCSA’s ELD implementation website.


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FMCSA has Removed TMS ONE’s ELD ONE Device from List of Registered ELDs

Original article published  by FMCSA

Image: TMS ONE

WASHINGTON – The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has removed ELD ONE from the list of registered Electronic Logging Devices (ELD). FMCSA has placed ELD ONE on the Revoked Devices list due to the company’s failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A, effective January 31, 2023.

FMCSA will be sending an industry email to let motor carriers know that all who use an ELD ONE device must take the following steps:

  1. Discontinue using the revoked device(s) and revert to paper logs or logging software to record required hours of service data.
  2. Replace the revoked device(s) with compliant ELD(s) from the Registered Devices list before April 1, 2023.

Motor carriers have a period of up to 60 days to replace the revoked device(s) with compliant ELD(s). If the ELD provider corrects all identified deficiencies, FMCSA will place the device back on the list of registered devices and inform the industry and the field.

During the period, safety officials are encouraged not to cite drivers using ELD ONE for 395.8(a)(1) – “No ELD” or 395.22(a) – “Failed to use a registered ELD.” During this time, safety officials should request the driver’s paper logs, logging software, or use the ELD ONE display as a back-up method to review the hours of service data.

Beginning April 1, 2023, motor carriers who continue to use the revoked device listed above would be considered to be operating without an ELD. Safety officials who encounter a driver using a revoked device on or after April 1, 2023 should cite 395.8(a)(1), and place the driver out-of-service in accordance with the CVSA OOS Criteria.

FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that the deficiencies are not addressed in time.

For more information on ELDs, visit FMCSA’s ELD implementation website.


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Selecting safe vehicles for your employees

Original article published by Safety+Health

If you’re responsible for purchasing or leasing passenger vehicles for worker use, NIOSH says you need to consider two factors to help ensure safety:

  1. How well will the vehicle protect its occupants in the event of a crash?
  2. Which safety features are most effective in preventing a crash?

The National Highway Traffic Safety Administration assigns occupant protection safety ratings based on combined results from crash tests. NHTSA gives each vehicle one to five stars, evaluating how it performs in crash tests (one star is the lowest rating; five stars is the highest). Those ratings can be found at nhtsa.gov/ratings.

If you’re considering buying or leasing used vehicles, NHTSA provides up-to-date information on vehicle recalls at nhtsa.gov/recalls. Another such resource is CheckToProtect.org, from the National Safety Council.

If you’re going the new vehicle route, your next step should be looking at available automated safety features, also called advanced driver assistance systems. Levels of automation range from zero (no automation) to five (full automation).

The Insurance Institute for Highway Safety analyzes crash and injury claims for all years, makes and models of vehicles, comparing vehicles with and without each type of ADAS. In a fact sheet, IIHS summarizes the evidence supporting the benefits of ADAS.

It’s also important that workers using the vehicles understand how automated safety systems work. Forty percent of respondents to a University of Iowa survey said that, at some point, their vehicle had behaved in a way they didn’t understand. This result led to the creation of MyCarDoesWhat.org, in partnership with NSC. This simple, interactive site explains each type of ADAS safety feature, using strategies tailored to fit people of different ages and learning styles.

“The bottom line: Resources are available to help employers and consumers select the safest possible vehicles, and to help drivers understand how automated vehicle safety features work,” NIOSH says.


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