Blogs

FORMER FMCSA ADMINISTRATOR HILL SPEAKS TO TRUCKERS IN INDIANAPOLIS

On March 11, 2010, the Indianapolis Traffic Club (ITC) held their first major event of the year.  Former FMCSA Administrator John Hill spoke to a sellout crowd in Indianapolis as he discussed CSA 2010 and other FMCSA initiatives we can expect in the year ahead. 

Driving Ambition, Inc. and National Transportation, Inc. co-sponsored the seminar that kept nearly 100 attendees captivated as John Hill gave his unique perspective on the FMCSA's goals in 2010.   

Trucking companies as well as CDL drivers will benefit from the information presented by Mr. Hill.  To view the entire presentation, please click here. 

Left to right:  Jeremy Reymer, President & CEO of Driving Ambition; Former FMCSA Administrator John Hill; Ryan Walter, Corporate Rental Manager of Palmer Leasing Group.

ATRI ANNOUNCES NEW SURVEY ON HOURS OF SERVICE

The American Transportation Research Institute (ATRI) has been commissioned to collect and analyze motor carrier safety and operational data to help inform the upcoming Hours-of-Service (HOS) rulemaking process.  All fleets are encouraged to complete the short survey, which can be found on the ATRI website, by March 24, 2010. 

The data collected by ATRI from this effort will be cleansed of identifying information and aggregated to ensure that the results are not attributable to any one company.  The results will be used by ATA to continue to educate FMCSA leadership and staff on driver and carrier operational practices and safety experience under the current rule.

FMCSA agreed to "review and reconsider" the HOS rules to settle a lawsuit brought on by Public Citizen and other groups.  As part of this process, FMCSA will review the entire rule, with a special focus on the 11-hour driving limit and the 34-hour restart provision.  FMCSA must prepare a proposed rule and submit it to the White House's Office of Management and Budget (OMB) by mid-July 2010.  

UCRA BOARD PROHIBITS EARLY COLLECTION OF REGISTRATION FEES

Last week, the FMCSA issued regulatory guidance saying that states that participate in the Unified Carrier Registration Agreement (UCRA) could collect fees for 2010 at the rates in effect for 2009, if the states did not include trailer equipment in the fee calculation. Then states could go back and reassess carriers for any difference once the federal rulemaking to set the 2010 fees is completed later this year.

On March 11, the UCRA Board of Directors held its first meeting since FMCSA's notice, and voted 10 to 1 to prohibit states from collecting any UCRA fees for 2010 until FMCSA publishes a final rule resetting fees for the program, or until further notice from the Board.

Based on the discussion at the Board meeting, it was decided that attempting to collect under the FMCSA guidance would lead to severe administrative problems for the program.  The Board's resolution has been circulated to all of the states that participate in the UCRA.  The federal rulemaking to set the 2010 fees is now at the federal Office of Management and Budget (OMB) for final review, and its issuance is anticipated this summer.

THE "GOOD DRIVER"

By Les Nugen, Marvin Johnson & Associates

The "good driver" has been given a bad name in a lot of companies.  So much so that I am ready to proclaim that the "good driver" will be the one that puts you out of business.  But Les, don't we all want good drivers working for us you ask?  How can a good driver possibly put us out of business?  Well, the answer depends on whose definition of a good driver that you use.

Let me give some all too frequent examples of how a good driver is defined:

• A driver tests positive on a drug test. The company wants to make an exception to their zero tolerance policy and keep him because - he is a "good driver".
• A driver has 3 out of service inspections, several speeding stops, and a following too closely showing on Safestat in just over a year and the company wants to keep her because - she is a "good driver".
• We analyze your collisions over the past several years and find that the same drivers show up several times in preventable accidents and they are kept around because - they are "good drivers".

When did the definition of a good driver get so twisted around anyway?  A good driver does not behave anything like the scenarios listed above.  A good driver does not put themselves, the people around them, or your company at risk.  The drivers in the scenarios above repeatedly put all of these at risk.

The drivers in these scenarios are poison to company morale.  Many drivers that are actually good drivers do not want to drive for companies who retain these types of drivers.  If you have policies in place that are meant to control these types of behaviors then making exceptions to them to keep one of these drivers only makes the other drivers frustrated and untrusting of management.

With the changes coming about due to CSA 2010 these "good drivers" are going to lead to all kinds of interventions and interactions with the FMCSA.  Eventually this can only lead to bad outcomes if enough of these interventions take place.  Another issue that is starting to worry many legal experts in the industry is that with the new information that will be available to you on drivers' histories that there could be increases in accident settlements and negligent hiring or retention law suits.  It is easier to make the case for this when the attorney can show that the driver had a pattern of violations and the company ignored it.  

Knowing all of this, let's quit giving the actual good drivers in the industry a bad name.  Drivers who have bad safety records are not good drivers no matter how many loads they will deliver on time or when dispatch is in a pinch.  A truly good driver delivers the freight AND does it safely. In fact, why don't you go tell your drivers that really are good drivers how much you appreciate the job that they do for you.  These drivers are the key to your company's success going forward.

FMCSA TO HOLD A FIFTH LISTENING SESSION ON HOURS OF SERVICE

The FMCSA will hold another Hours of Service (HOS) public listening session at the Mid-America Trucking Show (MATS) in Louisville, KY.  This will be the fifth such session the agency has held in preparation for revisions to the current HOS rule.  The session will take place on Friday, March 26, from 10am until 6pm, and will allow for public comment. 

Pre-registration for the fifth HOS listening session is not required.  Participants will register at MATS, but once inside, there is no registration required for the listening session.  Participants will need to indicate at the registration desk whether or not they will be making a 10-minute presentation.  There will be no advantage in the speaking schedule by arriving early for registration.  The contractor coordinating the listening sessions will decide the order of presentations.  Each session will continue until all participants have been given the opportunity to speak.  For registration and attendee information for MATS, please click here. 

FMCSA personnel will present the typical opening comments.  There will not be a Q & A session directed at FMCSA personnel.  The agency will listen to what the participants have to say.  The questions raised in the Federal Register notice will not be specifically addressed.  The participants can choose to respond to these questions or not.

The FMCSA aims to complete a draft rewrite of the HOS rule by the middle of July.  The draft will go to the White House Office of Management and Budget (OMB) for vetting, and then be published as a proposed rule (NPRM) and opened to public comment.  For more detailed information on the five listening sessions, visit the FMCSA's HOS page by clicking here. 

CSA 2010 SEMINAR TO FEATURE FORMER FMCSA ADMINISTRATOR JOHN HILL

CSA 2010, the FMCSA's new safety initiative being rolled out this year, has been described as a "game changer."  Since it will affect all of us, it's critical to make sure we're all as informed as possible.   

Driving Ambition, in conjunction with the Indianapolis Traffic Club, is proud to be sponsoring the most important seminar of the year.

What can we expect from the FMCSA in 2010?

We hope you will join us on Thursday, March 11 as Former FMCSA Administrator, and Indiana's own, John Hill will discuss a variety of topics including CSA 2010, Hours of Service (HOS), and Electronic Logs (EOBRs) and their impact in 2010.

Click here for more information on this special event.  We hope to see you there! 

 

John H. Hill, the FMCSA's third Administrator since Congress created the Agency in 2000, was nominated to the position under President George W. Bush in 2006 and served until 2009. Before joining the FMCSA, between 1974-2003, Mr. Hill served as a member of the Indiana State Police as the Commander of the Commercial Vehicle Enforcement Division, the Logistics Division Commander, and Field Enforcement Commander. Mr. Hill is a 1973 graduate of Taylor University in Indiana. He holds a Bachelor of Arts degree in political science.

STATES RECEIVE SAMPLE LEGISLATION TO BAN TEXTING WHILE DRIVING

Last month, the Department of Transportation (DOT) released sample legislation to be used as a starting point for states crafting new laws to prohibit texting while behind-the-wheel, the latest step in the campaign against distracted driving.

Although there are many sources of driver distraction, there is heightened concern about the risks of texting while driving because texting combines three types of distraction - visual, taking the eyes off the road;  manual, taking the hands off the wheel;  and cognitive, taking the mind off the road.   "Texting while driving, like talking on cell phones while driving, is an extremely dangerous and life-threatening practice," said DOT Secretary Ray LaHood. 

According to LaHood, the language in the sample bill "is another powerful tool in our arsenal to help the states combat this serious threat."   The DOT hopes the sample law will encourage states to take action on the issue, given the attention the issue has been getting.  As of the end of 2009, 19 states and the District of Columbia had laws banning texting while driving.  

In his official blog, Transportation Secretary Ray LaHood said this sample bill should "make it easier for the 31 states that have not already banned texting behind the wheel to get their acts together and get on board."

The  DOT worked with safety organizations to craft the language of the sample bill, including Advocates for Highway and Auto Safety, Association of Motor Vehicle Administrators, American Association of State Highway and Transportation Officials, AAA, Governors Highway Safety Association and the National Safety Council, to name a few.  The agency has also made the move with the support of the wireless and automobile industries. 

The sample law would authorize law enforcement officers to stop a vehicle and issue a citation to drivers who are texting while driving.  The sample law would not apply to law enforcement, fire service or emergency medical services professionals.  It would also not be enforced when reporting an emergency or criminal or suspicious activity to law enforcement or when receiving messages related to the operation or navigation of a motor vehicle, safety-related information, or data used primarily by the motor vehicle.  It would not be applied to radio or the use of a device or system for navigation purposes.  Other wireless interpersonal communication that does not require manual entry would also be exempt.

On the first offense, drivers would be subject to a minimum fine of $75 and action against driving privileges.  For a subsequent offense, the sample bill says penalties should rise in accordance with the state's motor vehicle and traffic laws.  If an offense results in death or injury, the violation should increase to a felony.

Click here to see the sample bill and the groups that participated in drafting it.

The DOT also recently launched a federal website, www.distraction.gov, as a forum and information clearinghouse with comprehensive information on distracted driving. 

FMCSA LAUNCHES WEBSITE ON PRE-EMPLOYMENT SCREENING PROGRAM

The FMCSA has launched a website where trucking companies can register for access to a safety database they will be able to use for screening applicants for driving jobs.

The Pre-Employment Screening Program (PSP) is designed to allow motor carriers and individual drivers to purchase driving records from the FMCSA's Motor Carrier Management Information System (MCMIS).

Records purchased through PSP will contain the most recent 5 years of crash data and 3 years of roadside inspection data from the FMCSA's MCMIS system.

Some key points:

* Registration is free but there will be a charge to use the system.  Carriers with fewer than 100 power units must pay a $25 annual subscription fee and $10 for each record retrieved. Companies with more than 100 power units must pay a $100 subscription fee, plus the $10 per-record fee.  Both are limited to 10 users.  The agency will not charge a carrier that comes into the system through a third party provider, although presumably the provider will charge its own fee.  Individual drivers will not have to pay a subscription fee but will have to pay the $10 charge to retrieve their record.

* The data is protected by a number of federal laws, including the Privacy Act of 1974 and the Fair Credit Reporting Act.  FMCSA will audit the program to confirm driver and company identity, and the accuracy of driver permission forms.  The program is being administered by a contractor, National Information Consortium Technologies (NIC), which does not have access to the content of the reports.

* The agency encourages drivers to look at their records.  Incorrect information can be challenged through the agency's DataQs system: https://dataqs.fmcsa.dot.gov/login.asp.

The next step in setting up the program will be publication of notice in the Federal Register asking for public comments on the agency's plan to make to make the records available.  The program is expected to go live in the spring.

Although the data is not available yet, carriers and third party driver service providers can start registering for the Pre-Employment Screening Program at http://www.psp.fmcsa.dot.gov/.  The site also includes a list of frequently asked questions.

CARGO THEFT RISES 12% IN 2009

FreightWatch International recently announced that cargo theft industry-wide rose by 12 percent in 2009, to an average of 72 cargo theft incidents per month - the most ever recorded.

Electronics, the industry most heavily hit by cargo theft, accounted for 23 percent of total theft activity, with an average loss value of $806,000 per incident, closely followed by pharmaceuticals.  California, Florida, and Texas topped the list as the states with the highest risk for cargo theft in 2009, followed by Georgia, Illinois, New Jersey, Tennessee, and Pennsylvania.

Over the course of the past year, companies have increased their proactive security measures.  That, combined with a decrease in total shipping, primarily due to the global recession, has forced cargo theft gangs to become more aggressive and increase their active targeting of unprotected high-value loads.

What is clear is that the trucking companies themselves are not being targeted - it's the specific goods they are hauling.  Drivers need to be brought into the loop, knowing what they are hauling, so they can be more proactive in guarding against theft. 

The research conducted by FreightWatch shows the average loss per incident for virtually every commodity group increased in 2009.  Cargo theft in the United States is analyzed in the 2009 Annual Cargo Theft Report and includes theft rates per state, most common locations for thefts and areas with the highest risk.

DRIVER RECRUITING...HOW ITS CHANGED.

written by Chandler Moody, Account Executive - Indianapolis, IN 

There once was a time where there was a driver shortage and companies had to fight for drivers and accept drivers that they may have not otherwise wanted on the road.  In a way times were good.  There was enough business on the roads that companies were profitable and going into a growth phase was fairly painless.  Cash flow was abundant.  Companies invested in their in house staff and could take risks on so-so drivers because they had money to burn. 

What happened????

We all know that the economy isn't where we want it to be.  Freight rates are down.  Fuel prices are up.  Government regulation is about to hammer the industry.  All of these combined together to force transportation businesses, and all businesses for that matter, to take a look at current business practices to operate leaner and more efficiently.

A lot of areas and man power were cut due to lack of cash flow eliminating positions and creating more responsibilities on fewer people.  Now there are less recruiters with the burden falling on the HR department and usually the HR person.

This usually singular person now has to manage the entire driving and non-driving staff plus recruit and qualify new staff. ...That's a lot for anybody to handle.

 Can things fall through the cracks???

YES!!!

Could hiring the wrong driver hurt the company???

YES!!!

With CSA 2010, driver verification and qualification becomes increasingly important.  It takes work, and then once you get the driver in, how hard is it to rectify once you realize this person isn't the driver for you.  Workers Comp fraud and Unemployment problems are rampant.

I give you the ultimate in removing the burden of recruiting, workers comp and unemployment risk.  We can qualify top notch drivers and maintain them on our payroll, eliminating the risk of filing for unemployment and hitting your workers comp policy until you are sure they are a fit.  We allow you to work the drivers and give them the ultimate road test.

How much more information could you have on a driver if you could see him or her work for 3 months before hiring? 

Let Driving Ambition help you recruit drivers and get you the best drivers for the position.  Then you can monitor the drivers and roll them to your company when you are ready.  Give me a call and I can explain how it works.