September
7, 2004
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Headline
News
Motorcycle Trip Raises Funds for PTDI
Members
of the refrigerated transportation and distribution community joined
Carrier Transicold and a number of its dealer representatives for three
days prior to the Truckload Carriers Association Refrigerated Division
annual meeting to raise money in support of the Professional Truck Driver
Institute (PTDI). The 34 participants in the fourth Riders for Drivers
Motorcycle Rally left Boston on July 10, 2004. The annual motorcycle
trip ended in Rockport, Maine on July 13, where Carrier Transicold presented
a check for $6,000 benefiting PTDI to Chris Burruss, president of the
Truckload Carriers Association.
The Riders for Drivers
Rally started in 1999 when 22 motorcycle enthusiasts traveled from Albuquerque,
New Mexico, to Vail, Colorado, prior to the Refrigerated Division meeting.
Since that time, Carrier Transicold has broadened the event to include
riders from the food distribution community and its dealers as well
as truckload carriers. The rally is scheduled prior to and in the same
geographic area as the TCA Refrigerated Division annual meeting.
Seeing driver recruitment
and retention as a major challenge to the fleets that are its customers,
Carrier Transicold saw an opportunity to combine support for a good
cause with the hobby shared by its customers and dealers. This year’s
800-mile trip took riders through New Hampshire, coastal Maine, and
Acadia National Park.
At the end of each
tour, Carrier Transicold thanks drivers by providing them with a video
set to music created from video footage and still photos taken during
the ride.
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Are On-Board Recorders Coming to Trucking… Your Comments Are Necessary
The Federal Motor
Carrier Safety Administration (FMCSA) issued an Advance Notice of Proposed
Rulemaking (ANPRM) in the September 1, Federal Register requesting industry
comments on a potential requirement that motor carriers use electronic
on-board recorders (EOBRs) to document their compliance with the hours
of service (HOS) regulations. In the ANPRM, the agency poses a lengthy
series of questions to help develop better performance specifications
on the devices, as well as requesting information about the costs and
benefits of EOBRs. These comments must be filed by November 30, 2004.
The agency states in the ANPRM, “Because our current regulations
do not reflect the considerable advances in the technology used in current-generation
recording devices [EOBRs] we seek information concerning issues that
should be considered in the development of improved performance specifications
for these recording devices.”
The agency is seeking
comments on a multitude of issues including:
- synchronization
of recorder to a vehicle operation parameter;
- amendment of
records;
- duty status categories
when the vehicle is not moving;
- ensuring that
drivers are properly identified;
- reporting and
presentation (display) formats;
- audit trail;
- ability to interface
with third-party software for compliance verification;
- verification
of proper operation;
- testing and certification
procedures;
- EOBR maintenance
and repair;
- development of
“basic” EOBRs to promote increased carrier acceptance;
- definitions
of terms;
- potential benefits
and costs; and
- incentives to
promote EOBR use.
This ANPRM comes
“right on the heels” of the recent D.C. Circuit Court of
Appeals July 16th decision to vacate the FMCSA’s new HOS rules.
Despite the fact that the Court vacated the rules as the agency “ignored
the issue of the driver’s health”, the Circuit Court Judge
also wrote, “the agency’s justification for not requiring
EOBRs….is another aspect of the final HOS rule of questionable
rationality.” In addition, the Court had suggested that the FMCSA
had not fulfilled its duty in properly testing and evaluating EOBRs.
From their decision, “It is .… plausible that EOBRs will
have substantial safety benefits, and it was incumbent on the agency
at least to attempt to analyze those benefits. We cannot fathom, therefore,
why the agency has not even taken the seemingly obvious step of testing
existing EOBRs on the road, or why the agency has not attempted to estimate
their benefits on imperfect empirical assumptions.” In response,
FMCSA stated in the ANPRM, “This Advance Notice of Proposed Rulemaking,
which has been under development for some time, is an effort to do just
that.”
By way of reminder, on January 9, 2003 TCA had joined with the ATA and
the Distribution and LTL Carriers Association in filed comments in response
to a National Highway Traffic Safety Administration (NHTSA) October
11, 2002 notice on Event Data Recorders (EDRs). The agency had requested
industry comments on a series of questions related to the use of EDRs
assisting in motor vehicle crash investigations, which were specifically
divided into the following sections:
- safety benefits;
- technical issues;
- privacy issues;
and
- NHTSA’s
role in this area.
A copy of the September
1 Federal Register notice can be downloaded by clicking
here for a PDF and here
for an HTML . If you have any questions or feedback on this issue,
please contact Rich Clemente at (703) 838-8847 or email: rclemente@truckload.org.
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FMCSA
Removes Accident SEA and Overall SafeStat Score from Website
TEarlier this year,
the Federal Motor Carrier Safety Administration (FMCSA) made an announcement
that they were going to restrict access to some of the SafeStat data
in response to the findings of the Office of Inspector General (OIG)
report. FMCSA Administrator Annette Sandberg had stated at that time,
"By the end of this summer, we will temporarily remove the Accident
Safety Evaluation Area (SEA) and the overall SafeStat scores from the
Website."
Subsequently, on
Tuesday, August 31, the following announcement appeared on the “Home
Page” of FMCSA's Website [www.fmcsa.dot.gov].
"FMCSA has temporarily removed the motor carrier Accident SEA and
Overall SafeStat scores from its Analysis & Information Online (A&I)
Website while the agency works with its State partners to improve the
timeliness, completeness and accuracy of large truck and bus safety
data. Carriers can still access their own Accident SEA and Overall SafeStat
Scores." The Agency has said that while they have restricted public
access to these scores, motor carriers will still have
the ability to access their own Accident SEA and Overall SafeStat scores.
To assist carriers in how this whole process will work, complete instructions
including a Frequently Asked Questions (FAQs) section are now downloadable
on the FMCSA’s A&I Website by clicking
here.
In addition, as
we had reported to you earlier this year at the end of June, a memorandum
on the trucking industry’s concerns with the current SafeStat
scoring methodology was forwarded by ATA to Oak Ridge National Laboratory
-- who at that time was working on the completion of the SafeStat Validation
Study. A copy of this same memorandum was also forwarded to a number
of FMCSA officials as well. TCA member trucking companies had considerable
input into the content of this memo. We were just informed late last
week, that the Validation Study has been completed and a “draft”
final report has been submitted at this time to the FMCSA. ATA reports
that they have not yet seen this “draft” document, but they
believe that a number of the problems with the SafeStat methodology
have been identified by Oak Ridge. TCA will keep you posted on further
developments with this issue as they occur.
OSHA announced around
a month ago the launching of their brand-new web page: [www.osha.gov/dep/oia/whistleblower/index.html]
devoted to providing a single source for obtaining detailed information
on the laws with whistleblower protections that are administered by
the agency. The new web page consolidates a variety of whistleblower
information previously available on the website, and supplements that
with access to other resources, including the Office of Administrative
Law Judges, and the Administrative Review Board. In addition, the web
page includes direct links to the 14 laws with whistleblower protections
administered by OSHA.
For further questions
or comments on this issue, please contact TCA’s Rich Clemente
at (703) 838-8847 or email: rclemente@truckload.org.
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