With the need to navigate a big rig in and out of various delivery locations, it’s no surprise that backing accidents have for years been the highest frequency accidents with the lowest severity in the industry. However, the exposure – as with any type of accident – always exists for a fatality, injury and physical damage. And nobody wants an accident, regardless of severity, on their record.
Therefore, to enhance your backing skills and to reduce the frequency and exposure of such accidents, it’s a good idea to adhere to the following safe backing procedures:
- Before starting your trip, conduct a thorough pre-trip inspection. Check the vehicle’s brakes, horn, back-up lights, 4-way flashers and back-up alarm and video camera (if equipped) for proper working condition.
- Clean windows and mirrors thoroughly to provide a clear view. Never back a vehicle when any mirror is covered with dirt, frost, snow or other substances that keep you from visually clearing the path the vehicle will take.
- Plan ahead and avoid backing whenever possible. Do not put yourself into unnecessary backing situations. When practical, avoid parking the vehicle in a way that will require it to be backed at a later time. If you learn your routes, you may be able to avoid certain backing situations.
- Get to know the vehicle’s blind spots. Mirrors can never give the whole picture while backing.
- Adjust mirrors for maximum visibility. Mirrors are a major key to any backing maneuver. Adjust your mirrors while the tractor and trailer are in a perfectly straight line and you are sitting in the driver’s seat in your normal comfortable sitting position. Get help adjusting the right side mirror, if possible.
- Park defensively. Carefully survey the parking opportunities when you arrive at the delivery site. If possible, choose an easy-exit parking space that does not crowd neighboring vehicles. Avoid the temptation of pulling into the most convenient location in order to speed up the delivery process. Sometimes, choosing a poor parking space is a matter of necessity - but in many cases, a better defensive position is available if you take the time to look and evaluate.
- Situate your vehicle in the best possible position before starting to back up. Make the turn on the driver’s side, if possible, in order to minimize turning and allow you to see the back of the vehicle swinging into position.
- Plan your exit when parking in an alley. If an alley does not permit driving all the way through or room to turn around, then back into it (if local ordinances permit) so that when leaving, you can drive your vehicle forward into the street.
- Walk around your vehicle and check and recheck your path of travel. Before any attempt is made to back, always get out of your cab to look and see what lies between you and your backing destination. Check for workers, pedestrians, soft or muddy areas, potholes, tire hazards and equipment hazards. When backing long distances, it doesn’t hurt to stop and recheck your path of travel.
- Don’t forget to look up! Look for awnings, pipes, framing, fire escapes, wires, etc. that will be in your way. Look up, down, all around and under the truck before backing. The entire path the vehicle will take must be clear of obstacles. Also, anticipate where another vehicle or pedestrian could reach the rear of the vehicle while you are backing.
- This is also a good time to determine space limitations. Is the space wide enough? Is the loading dock platform high enough or low enough? Be aware that the path may slope up or down, making it difficult to judge vehicle clearance at your destination point. Measure and determine proper distances vertically and horizontally to safely park or unload your freight.
- Although ultimately the responsibility of backing safely falls on the driver, it is helpful to use a reliable, well-trained guide or spotter whenever possible to assist when backing. An extra set of eyes could make all the difference, particularly in situations where there are blind spots or when someone or something could come into your path.
- When you must spot for yourself without a guide, return to the vehicle quickly. Start backing within a few seconds after finishing the walk-around check. This will allow very little time for people and/or obstacles to move behind the vehicle.
- Measure and mark the distance carefully before backing. As you back into your space, get out of your truck and pace off the length of the space from the dock to the rear of the trailer. Then pace off the same distance from your driver’s door back to the end of the trailer area. Place an object on the ground at this measurement point. Then as you back up, you will be at or near the dock when your driver’s door reaches the object.
- Once you are behind the wheel, with the engine running and the vehicle in reverse, check the area again by turning and visually clearing the path that the vehicle will take. Use all side mirrors to constantly check and visually clear your path.
- Use your 4-way flashers and back-up alarm (if equipped) and periodically tap your horn prior to backing and as you continue backing. These warning devices are designed to alert others of your presence and can make other drivers aware of your intentions. Assume that other vehicles or individuals do not see you coming.
- Back slowly and cautiously. Have complete control of your vehicle. Use the lowest possible gear or idle speed and do not accelerate.
Remember that every backing situation is new and different. Even if you visit the same location several times a day or each week, be watchful each visit.
Courtesy of the National Private Truck Council (NPTC)
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Kentucky, Missouri, Ohio, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Ever since CSA was first being tested in 2009, the FMCSA has been working on a proposal to address the Crash Indicator BASIC. When the FMCSA unveiled the CSA website, it promised to add a feature that would indicate whether or not a crash was the carrier’s fault.
In August 2010, the FMCSA was in the process of reviewing the findings of a feasibility study to determine crash accountability based on Police Accident Reports. As late as December 2011, the FMCSA still indicated it would set up the process to review crash accountability determinations by February or March 2012.
In March, however, FMCSA Administrator Anne Ferro reversed course and announced that she was delaying the Agency’s review of the crash accountability process, stating that the Agency needs to rethink its plan. Ferro explained that too many questions were raised about the reliability of Police Accident Reports as the sole source of determining whether a truck driver could have prevented an accident.
The announced delay was a major discouragement to a trucking industry that was anxiously awaiting details of a long sought-after plan.
Why the frown?
Currently, CSA measures motor carrier safety performance based on ALL truck-involved crashes, including those that the carrier did not cause, nor could have prevented.
Early on, carriers raised concerns about the way CSA records crashes since it affects their overall ranking, and can trigger FMCSA enforcement action. Many fleets have complained that they have been seriously harmed by crashes for which their drivers had no blame.
The FMCSA posts this crash information on a public website. Although the public is unable to see a carrier’s ranking in the Crash Indicator BASIC, the total number of crashes (including injuries/fatalities) is made public. Even if the carrier is clearly not at fault in a crash resulting in injury or fatality, the crash website will list the crash as an injury/fatality.
Carriers are frustrated because they have no defense as attorneys, insurance companies, news media, competitors, and shippers are looking at this crash information. The trucking industry is arguing that in crashes where carriers are clearly not at fault, it should be stated as “unavoidable” on the website.
The FMCSA states that including non-preventable crashes in CSA scores is legitimate since statistics clearly show that past crashes are a predictor of future crashes, no matter who’s at fault. However, the Agency also recognizes that non-preventable crashes should carry a different weighting than preventable crashes.
What next?
Before a crash accountability initiative could be implemented, the FMCSA said there needed to be a uniform process for making crash determinations and reviewing police accident reports. The agency also wants to ensure public input in the development process.
During the coming months, an effort to conduct additional research and analysis to determine the feasibility of a crash accountability program will take place. By the end of the year, the agency hopes to answer the question of whether a new process would improve the CSA’s focus on truck crash predictability.
In the meantime
The trucking industry is asking that, at the very least, FMCSA should take immediate action to wipe carriers’ records of crashes that are unambiguously not the fault of the truck driver. These instances should not require a complicated investigative process.
The FMCSA has indicated that they are considering changing the language used with a carrier’s public crash data on the CSA website to make clear — in “bigger, redder letters” — that the list “is in no way, shape or form” intended to convey that the crashes are the fault of the motor carrier.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Article written by Jim Fairfield, Director of Safety & Human Resources
Okay, here’s your Safety Trivia Question of the Day (and you can use this at your next social gathering to impress your friends and competitive wannabe acquaintances). What causes $3.6 billion dollars of damage annually and is involved in 1.6 million vehicle accidents each year? If you guessed poorly inflated tires, go sit down…you’re wrong! The correct answer is Bambi and her band of brothers. Yes, deer are a major safety issue on America’s roadways.
Vehicle accidents involving deer are on the rise. The Deer-Vehicle Crash Information Clearinghouse state deer-vehicle crashes are “a significant and increasing transportation safety problem”. The American Trucking Associations (ATA) and the National Highway Traffic Safety Administration (NHTSA) agree the 1.6 million deer-vehicle accidents are alarming and not likely to decrease. The age old question of “why did the deer cross the road” was addressed recently by Matt Tholen of the Indiana Department of Natural Resources. Matt explains it’s a mating issue. He says, “The does are running around and the males are focused on finding female deer. Deer are moving a lot more because of weather patterns, too”.
So, as the leaders of Deer Nation do not seem to be proactively training their frisky and very socially friendly deer population how to better mix with vehicles on the roadway, we’re going to take responsibility. What can professional CDL truck drivers do to prevent deer-vehicle crashes? State Farm Insurance and the ATA offer the following tips:
- Watch for posted “deer crossing” signs. Signs are added to roadsides where deer historically like to cross the roadways. If you see a sign, immediately convert to extra defensive driving mode.
- Be aware that deer are on the move most at dusk and dawn. Use your high beam headlights, as much as you safely can, during these times to illuminate the sides of the road where deer can be hanging out.
- Understand deer move in packs…deer gangs if you will. If you see one deer, there’s an excellent chance their posse is nearby.
- The experts say deer whistles are not an effective deterrent for the traveling animals. Don’t rely on them to keep you safe.
- When on the interstate during prime time for deer movement, when possible, use the middle lane. This gives you increased visibility and maximum reaction time should an adventurous deer dart out from the woods.
- If you see a deer, experts suggest “stay in your lane and don’t swerve”. Obviously slow down if it is safe to do so. With that in mind, watch for other motorists slowing for deer. Don’t hit them due to your inattention. Lastly, some drivers claim they have had success sounding their horn to scare the deer from the roadway.
- If hitting a deer is inevitable, as odd as it sounds, it is safest for you to hit the deer straight on. Research crash experts indicate hitting a deer while swerving increases the chance for personal injury.
Melissa Miles, senior research analyst for State Farm may have said it best. Melissa feels “While research has revealed several innovative ways to deter deer from entering the roadways and alerting drivers to the dangers of deer in the area, there will always remain a constant danger of deer-vehicle collisions.” She says “Undoubtedly, the best way to avoid deer-vehicle collisions is through attentive driving behavior.”
So, it does not appear Bambi or the Deer Nation are changing their behavior or attitude about safety on the roadways. Therefore, the ball falls in our court to increase our attentiveness on America’s roadways.
Be safe out there!
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
On September 21, the Department of Transportation held its second national Distracted Driving Summit in Washington, D.C. Building on last year’s success, the full-day event convened leading transportation officials, safety advocates, law enforcement, industry representatives, researches and victims affected by distraction-related crashes to address challenges and identify opportunities for national anti-distracted driving efforts. The Summit was webcast live at www.distraction.gov, enabling participation of people around the nation.
Since the first Distracted Driving Summit in 2009, twelve states have passed texting bans. This summer, The Governors Highway Safety Association (GHSA) published a detailed report summarizing state activity. The report, Curbing Distracted Driving: 2010 Survey of State Safety Programs, details a host of approaches states are implementing. The GHSA has also posted “10 Tips to Manage Driver Distraction” online at www.ghsa.org.
At the 2010 Distracted Driving Summit, DOT Secretary Ray LaHood announced that he is initiating a new rulemaking to prohibit commercial truck drivers from texting while transporting hazardous materials. LaHood also announced that two rules proposed at last year’s Summit have now become law: a rule banning CMV drivers from texting on the job and restricting train operators from using cell phones and other electronic devices while in the driver’s seat.
The DOT has also engaged the private sector to promote anti-distracted driving policies in the workplace. The DOT and Network of Employers for Traffic Safety (NETS) announced that almost 1,600 U.S. companies and organizations have adopted distracted driving policies to date, covering approximately 10.5 million workers nationwide. An additional 550 organizations have committed to adopting policies that will cover another 1.5 million employees within the next 12 months.
“We are taking action on a number of fronts to address the epidemic of distracted driving in America…we are going to do everything we can to put an end to distracted driving and save lives,” said Secretary LaHood.
In 2009, nearly 5,500 people died and half a million were injured in crashes involving a distracted driver. According to National Highway Traffic Safety Administration (NHTSA) research, distraction-related fatalities represented 16 percent of overall traffic fatalities in 2009. The NHTSA study found that the proportion of fatalities associated with driver distraction increased from 10 percent to 16 percent since 2005. This news comes as overall traffic fatalities fell in 2009 to their lowest levels since 1950.
Secretary LaHood cautioned that researchers believe the epidemic of distracted driving is likely far greater than currently known. Police reports in many states still do not routinely document whether distraction was a factor in vehicle crashes, making it more difficult to know the full extent of the problem. "These numbers show that distracted driving remains an epidemic in America, and they are just the tip of the iceberg," said Secretary LaHood.
To view the archived webcast of the 2010 Distracted Driving Summit, and to learn more about the DOT’s efforts to stop distracted driving, visit www.distraction.gov.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
According to the latest Fatality Analysis Reporting System (FARS) and related NHTSA data, the number of truck-involved traffic fatalities fell 20 percent in 2009, to the lowest level since the Department of Transportation started keeping records, while overall highway deaths (33, 808) fell to the lowest number since 1950. The number of truck occupant deaths fell 26 percent in 2009, from 682 in 2008 to 503 in 2009, and the number of injuries in large truck crashes also fell 26 percent from 23,000 in 2008 to 17,000 in 2009.
The record-breaking decline in traffic fatalities occurred even while estimated vehicle miles traveled in 2009 increased by 0.2 percent over 2008 levels. In addition, 2009 saw the lowest fatality and injury rates ever recorded: 1.13 deaths per 100 million vehicle miles traveled in 2009, compared to 1.26 deaths for 2008.
There are several explanations for the significant reduction: Increased seat belt use, stronger enforcement of drunk driving laws, better roads, safer vehicles, and an increasingly well-coordinated approach to creating a culture of safety by the DOT and FMCSA, including efforts to curb distracted driving.
The reduction also reflects a 33 percent decrease in fatalities since the current Hours-of-Service regulations first became effective in January 2004. “Greater rest opportunities for drivers under the 2004 hours-of-service rules and a more circadian-friendly approach to a driver's work-rest cycle have helped truck drivers achieve these exceptional results," said ATA President & CEO Bill Graves.
“This significant gain in commercial truck safety shows that ongoing enforcement efforts and our partnerships with state and local law enforcement are making a difference,” said FMCSA Administrator Anne Ferro. “Yet, FMCSA will not rest until there are zero commercial truck-related fatalities on our roads. We are committed to using every resource available to strengthen commercial truck safety and save lives.”
Click here to view the latest 2009 Fatality Analysis Reporting System (FARS) data.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
When Ann Ferro, the current FMCSA Administrator, was sworn in last year, it was with the agreement that the FMCSA would review and consider crafting a new Hours of Service (HOS) rule to put a lawsuit by special interest groups, including Public Citizen, Advocates for Highway and Auto Safety, and the Teamsters union, on hold.
With this settlement, the FMCSA would be required to have a formal draft of a Notice of Proposed Rulemaking (NPRM) by mid-July 2010, and would publish a final rule within 21 months of the date of settlement (Oct. 26, 2009), which would be July 26, 2011.
Between January and March 2010, the FMCSA held a total of 5 listening sessions across the country to get feedback from both drivers and carriers regarding current HOS rules, and any proposed changes.
Those who attended the listening sessions, both motor carriers and drivers, were primarily in favor of keeping the current HOS rules – a 14-hour workday, with a maximum 11 hours of drive time and 3 hours for loading/unloading, followed by a 10-hour off-duty period. The current rules also limit drivers to 60/70 hours on duty in 7/8 consecutive days. They then may restart their 7/8 consecutive day period after taking 34 or more consecutive hours off duty – also known as the “34-hour restart” provision.
From a safety perspective, the current HOS rules are working. "In the very real world of trucking, highway safety has improved in the past 6 years under these rules," said Dave Osiecki, ATA’s VP of Safety, Security & Operations. According to Vehicle Miles Traveled (VMT) figures released earlier this year, the truck-involved fatality rate in 2008 declined 12.3 percent from 2007. This decline marks the largest year-to-year drop ever and the fifth consecutive year the fatality rate has improved. Since new hours-of-service regulations took effect in 2005, the truck-involved fatality rate has come down more than 20 percent and is at its lowest since the U.S. Department of Transportation began keeping those records in 1975. The fatality rate has declined more than 66 percent since 1975.
According to research by the American Transportation Research Institute (ATRI) on the current HOS rules, the total collision rate was down 11.7 percent and preventable collisions decreased 30.6 percent from 2004 to 2009. Another key finding from ATRI’s analysis was that, in 2009, the majority of commercial vehicle crashes (87%) occurred within the first eight hours of driving. A similar trend was found in an analysis of fatal truck collisions using the Trucks Involved in Fatal Accidents (TIFA) database. A review of 2007 TIFA data showed that 80 percent of fatal truck collisions occurred within the first eight hours of driving.
This chart displays the distribution of DOT recordable collisions for each of the 11 driving hours. The crash rate peaks during the first three hours.
However, one way to improve the rule, which was suggested by many in attendance at the 5 listening sessions, would be to allow for more flexibility in the sleeper berth provision. This flexibility would encourage circadian friendly sleep and naps, rather than constraining drivers to one, inflexible option under the current HOS rules, which overlooks the individual needs of each driver. The current HOS rules, with a 14-hour clock that doesn’t stop once started, discourages drivers from stopping for meals or to stretch their legs, actually increasing fatigue.
According to the ATA, to better address the true causes of fatigue in transportation, FMCSA should focus its resources on (1) sleep disorder awareness, training and screening, (2) promoting the use of Fatigue Risk Management Programs, (3) increasing the availability of truck parking on important freight corridors, and (4) partnering with the trucking and shipping communities to develop an educational process that identifies for drivers the location of available truck parking.
The FMCSA acknowledged the industry’s pleas for more flexibility, but stressed concern over being able to prevent abuse. FMCSA Administrator Ferro stated, "We've heard about the need for flexibility…what I haven't heard yet is how you take a rule with flexibility in it and ensure you've got sufficient structure to go after the folks that are going to abuse that flexibility. We all know it happens today, it happened before, and it will happen again."
A recent document, filed on behalf of the Truck Safety Coalition, Public Citizen and Advocates for Highway and Auto Safety, and posted on www.regulations.gov, reveals that daily driving time under a new HOS rule should be reduced by 27 percent. The document calls for a maximum 12-hour work shift, with no more than eight consecutive hours of driving per shift. The document, one of over 300 documents related to the new rule, also calls for universal electronic on-board recorder (EOBR) equipment.
The coalition said it wants to see a maximum of 40 driving hours in a seven-day period and a maximum of 60 hours of work time in a seven-day period. It also wants to see a minimum 48-hour, off-duty layover, rather than the current 34-hour “restart”. Industry reports indicate that a reduction of allowable driving time from eleven to eight hours, and elimination of the 34-hour restart rule, could cost the trucking industry $3.1 billion or more annually.
In late June, the office of DOT Secretary Ray Lahood received the first draft of a new HOS rule from the FMCSA. After reviewing it and determining it was not necessary to be sent back to FMCSA for revisions, the first draft was sent to the White House (Office of Management & Budget, or OMB) for what's expected to be an additional three-month review. Currently in the NPRM stage, the proposal is by no means in a near final form.
The OMB will consider how the rules will impact the larger picture, such as how much it will cost and how it will affect national economic policy. Once OMB signs off on the regulation, it will then be published in the Federal Register. The FMCSA’s goal is to publish the NPRM on November 4.
Once published in the Federal Register, the public will, for the first time, get full disclosure of the agency’s plan on what, if any, changes will be made to the current HOS regulations.
In April, during an FMCSA oversight hearing, Senate Sub-committee Chairman Lautenberg (D-NJ) said, “The Obama administration has made the right move by initiating a new rulemaking on driver hours…but let’s be clear: When this process is over, we cannot wind up with the same flawed regulations that the last administration designed.”
If this is any indication on the direction of a new HOS rule, the industry could be in for a rude awakening.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
The American Trucking Association (ATA) is co-sponsoring the first-ever national conference on sleep apnea and commercial motor vehicle drivers on Wednesday, May 12, 2010, at The Westin Baltimore Washington Airport - BWI in Baltimore. The conference will feature presentations and panel discussions that focus on providing a common understanding of sleep apnea diagnosis and treatment, clarifying current and proposed regulations, establishing an ongoing forum of experts to generate guidance for improvements, and providing trucking management with the resources to improve employee health and safety.
The illness afflicts at least 20 million Americans - equal to or more than asthma or diabetes - yet more than 85% remain undiagnosed, according to the American Sleep Apnea Association (ASAA), which is co-hosting the ATA's sleep apnea conference. Obstructive sleep apnea (OSA) is a condition in which an individual's airway is blocked while sleeping, typically resulting in frequent breathing interruptions lasting from 10 seconds to more than a minute at a time, loud snoring and non-restorative sleep. One controlled study found that people with OSA have a six times greater risk of being involved in a traffic crash and a seven times greater risk of having multiple crashes.
"Sleep apnea is a major problem in the truck driver community," said Dana Voien, President of SleepSafe Drivers. He said sleep apnea affects about 6% to 12% of the adult male population, but 28% to 30% of truck drivers - a factor he ties to the unusually high obesity rate among drivers. In addition to being a potential safety risk on the highway, drivers with sleep apnea face a long list of increased health risks, including hypertension, diabetes, memory loss, chronic fatigue, obesity, and a doubling of the chance of heart attack and stroke.
The one-day conference will be preceded by a reception and keynote address from NTSB Chairman Deborah Hersman on May 11, 2010.
For more information, visit http://www.satc2010.org/.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Do the circumstances warrant DOT post-accident tests?
Suppose your CDL driver calls in saying there's been an accident. Everyone's adrenaline is running, and you may have to pry the details out of him or her to determine if DOT post-accident drug and alcohol testing is required. The following checklist will aid in deciding your course of action:
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Did the accident occur in a vehicle that requires a CDL?
- If yes, proceed to question 2.
- If no, you cannot test under §382.303, regardless of the licensing of the driver. The driver is not subject to Part 382 in this instance. Stop here.
- Was there a fatality as a result of the accident within 8 hours of the accident?
- If yes, send the driver for both a drug and alcohol test. Stop here.
- If no, proceed to question 3.
- Was there a fatality as a result of the accident occurring beyond 8 hours following the accident, but within 32 hours?
- If yes, send the driver for just drug testing, and document that alcohol testing could not be performed because it was past the allowable time frame for testing. Stop here.
- If no, proceed to question 4. You cannot test if the fatality occurs beyond 32 hours after the accident. Testing would be based on other variables if they exist.
- Was there an injury as a result of the accident that required treatment away from the scene?
- If yes, proceed to question 6.
- If no, continue with question 5.
- Was there disabling damage to one of the vehicles involved in the accident that required towing?
- If yes, proceed to question 6.
- If no, stop here (i.e., no damage, no injury, no fatality). It does not qualify for testing.
- Was your driver cited, plus does one of the situations listed in questions 4 and/or 5 exist?
- If yes, proceed to question 7.
- If no, the incident does not qualify for DOT testing.
- Was the driver cited at the scene or within 8 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?
- If yes, send the driver the driver for both a drug and alcohol test.
- If no, proceed to question 8.
- Was your driver cited later than 8 hours but within 32 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?
- If yes, just test the driver for drugs and document that alcohol testing could not be performed since it was past the allowable time frame for testing.
- If no, proceed to question 9.
- Was the driver cited beyond 32 hours of the accident, plus does one of the situations in questions 4 and/or 5 exist?
- If yes, you cannot conduct either test type. Document that it was beyond allowable time frame for testing. Stop here.
As you can see from this checklist, all the variables must be met in order to test under DOT rules. You cannot test "just in case" circumstances change. This is a misrepresentation of the test and a violation.
If you conduct testing in "all post-accident circumstances" as a matter of company policy, it must be done using a non-DOT form and represented as a non-DOT test to the driver. The collector must also be aware that it is not a regulated test. The drug test results must be linked to a separate non-DOT lab account for reporting purposes. The results of these non-DOT tests hold no DOT consequences. In addition, if circumstances change and a DOT post-accident test is required, these non-DOT tests cannot be substituted to satisfy the DOT requirements. The driver must be sent again for another round of tests.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Late in October, Public Citizen, Advocates for Highway and Auto Safety, the Truck Safety Coalition, and the International Brotherhood of Teamsters reached an agreement with the FMCSA. Under the agreement, the FMCSA will reconsider, and potentially change, its oft-challenged hours-of-service rule for commercial drivers.
Under the terms of the agreement:
- FMCSA will review and reconsider the 2008 hours-of-service regulation;
- FMCSA will submit a notice of proposed rulemaking (NPRM) to the Office of Management and Budget (OMB) for approval within nine months of the date of settlement (October 26, 2009);
- Within 30 days of the publication of the NPRM in the Federal Register, the parties will file motions to govern further proceedings; and
- FMCSA will publish a final rule within 21 months of the date of settlement.
Until then, the current HOS rules are in effect.
The driver HOS rule has been the center of debate among FMCSA and industry and advocacy groups since 2003, when the agency issued the first revision in the regulation in more than 60 years.
The HOS revisions extended allowable driving time to 11 hours from 10 hours and permitted drivers to reset their weekly maximum work hours after taking a 34-hour break. The rule also cut one hour from the total allowable work day.
Federal courts overturned the rule twice, citing driver health and safety and improper procedures by FMCSA. The agreement to revise the rule ends a third legal challenge by labor and advocacy groups, which have succeeded twice in getting federal courts to reject the new regulation.
The American Trucking Associations responded to the announcement of a potential HOS rules change in defense of the current rules. The group says the HOS rules are working, and the proof is in the industry's safety performance since they took effect in 2004. Figures from the U.S. DOT demonstrate that the trucking industry is now the safest it has been since the DOT began keeping crash statistics in 1975. The number of truck-involved fatalities on our highways has decreased by 19 percent since the new HOS rules took effect. The number of injuries has decreased by 13 percent since 2004. "The crash rate, injury rate and fatality rate are all at historic lows. The science is on the side of the current hours-of-service rules," said Clayton Boyce, ATA Vice-President of Public Affairs.
Putting the rule back under review, ATA President Bill Graves said, creates "uncertainty" for trucking companies and "is wholly unwarranted, given the consistent and significant highway safety improvements made by the trucking industry under the current rules. The current rule is working as USDOT intended," Graves said. "It is saving lives."
The safety improvements came at a time when the number of registered large trucks operating on highways increased by hundreds of thousands and the number of miles driven by large trucks increased by more than two billion miles.
An FMCSA committee met publicly in early December, and will have three listening sessions January 18-29 on HOS. Also, the FMCSA will soon issue a Federal Register notice soliciting data and research information the agency may consider in drafting a notice of proposed rulemaking.
"The FMCSA is committed to developing an hours-of-service rule that raises the safety bar for drivers of property-carrying commercial vehicles," said FMCSA's new administrator, Anne Ferro. "The MCSAC public meeting is one of several steps our agency will take to encourage a robust exchange of ideas and research on this critical safety issue."
Said one official who asked not to be identified, "If it's an honest rulemaking with an honest assessment of the experience of the motor carrier industry, then it's not likely that the rule will change. There's one side of me that says maybe the rule will change, but there's another side of me that says, ‘On what basis would the rule change?' It can't be politics. What new data and information is there on which to base a rule change? That's an obvious and very important question."
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Click here to view the short film, produced in Wales, UK, that has circulated over the internet the past couple months. The film shows the devastating consequences of Driving While Texting (DWT) and has helped to ignite the overwhelming interest in creating a ban for the practice.
Chief Inspector John Pavett from Gwent Police Roads Policing Unit hopes the serious message in this film will hit home to viewers: "Seeing a scenario, like [this] one, played out right before your eyes makes you realize how extremely dangerous it can be and what devastating consequences it can have. I hope that after watching this film motorists will think twice before picking up their mobile phone when behind the wheel and realize that a quick reply to a text message or answering a phone call is never worth putting theirs and other people's lives at risk."
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.