There are no “ELD” Out of Service items. Rather, they’re footnotes related to current OOS conditions having to do with the hours of service, namely having no log book, having no previous seven days of logs and presenting a false log. All require putting the driver OOS for 10 consecutive hours (8 for passenger-carrying drivers).
- If a driver/carrier isn’t using an ELD on FMCSA’s device registry, it’s considered to be having no log book. There’s a wrinkle in this, though, given FMCSA’s grandfather period for current-generation automatic onboard recording devices. AOBRDs meeting fairly minimal requirements compared to ELD specs are essentially grandfathered through Dec. 16, 2019. The ELD mandate notes that any carrier installing an AOBRD prior to this year’s ELD enforcement date can use that device until the 2019 date. Practically, what that means is that enforcing the requirement to use a registry-listed device is unlikely before that time, particularly for carriers that comply with the ELD rule as it currently stands and install an engine-connected e-log prior to Dec. 18. (If the rule’s deadline ends up being delayed, this could change.) So the registry’s importance for carriers choosing ELDs at this stage is minimal. If placed OOS for this one prior to 2019, and you have proof you were using an ELD/AOBRD prior to Dec. 18 this year, this could be cause for a challenge to remove it from your record.
- A driver “unable to produce or transfer the data” from an AOBRD or ELD at roadside will be considered to have no log and be placed OOS.
- If you use a special driving category – a yard move or personal conveyance, for example – “when not involved in that activity,” you’re considered to have a false log.
- In the event of AOBRD/ELD failure, inability to reconstruct the previous seven days of logs will net you an hours violation for not having the logs. Fortunately, in failure cases, if you’re a true independent with authority and you have access to the web at roadside, with most ELD platforms you’ll be able to access your logs to either email to an officer or print to carry with you down the road in case of an inspection. Keep a paper log in the truck for on-the-spot malfunction backups for that current period. If you’re leased or a company driver, it’s not uncommon that drivers in such situations move to a paper log for their current period and have their required previous seven days’ logs emailed to them or an officer.
- Failure by a carrier to “repair a malfunctioning electronic logging device within eight days,” as required by the mandate, or to obtain an extension from FMCSA will net a no-log book OOS.
- Failure by a driver to use the ELD like it’s supposed to be used (logged in with your driver profile) merits a no-logbook OOS.
- If you’re not an exempted carrier or driver under the terms of the ELD mandate and you’re not using an ELD, you’ll be considered to have no log book.
In terms of your company safety record, your own if you’ve got authority, having no log comes with a 5 (out of 10) severity weight in the Compliance, Safety, Accountability Safety Measurement System – not publicly available at the moment, but still impactful in some business relationships. OOS violations in the CSA SMS’ scoring methodology also receive extra weight – 2 more points.
There are more than 15 million commercial trucks transporting over 70% of all U.S. goods every year. This high number of commercial trucks on the road experience a lot of unfortunate accidents.
Despite FMCSA’s best efforts in implementing rules and regulations to avoid such incidents and improve driver/vehicle safety, there’s been a 20% increase in the number of commercial truck accidents over the past decade.
In this post, we drill down why do these accidents happen and is there a pattern to it.
Truck Crash Causation Study
According to a survey conducted by the FMCSA and NHTSA (National Highway Traffic Safety Administration), the main reason behind commercial truck crashes are fatigued and overworked drivers. These crashes often sadly result in serious injuries and fatalities.
The Truck Crash Causation Study reported over 12,000 commercial truck crashes over a span of almost three years, which resulted in more than 249 deaths and 1,654 injuries. 73% of those crashes involved a large truck colliding with at least one other vehicle.
“An action or inaction by the drivers of the truck or the other vehicles involved were important reasons leading to crashes in a large majority of the cases”, the study reveals.
The data was collected through inspection of the crash site, interviews with drives, witnesses of the incidents, driver logbooks and other documentations. The researchers also looked at police crash reports and hospital records. For each crash, data was collected based on a lot of different factors, including:
- The condition of the drivers and the other drivers involved before the crash
- The behavior of the driver during the crash
- The condition of the truck
- The condition of other vehicles involved in the crash
- Roadway factors
- Weather conditions
And several other factors that could contribute to the accident.
Top 4 Driver-Related Reasons for Accidents
According to the 33-month long survey, there were approximately 12,000 fatalities and injury crashes nationwide that involved at least one large commercial truck. The most commonly recorded critical reason behind the crash was driver error. As shown in the following table, the top four critical reasons were non-performance, failure in recognition, indecision, and bad performance.
| Critical Reasons |
Number of Trucks |
Percentage |
| Drivers |
68,000 |
87% |
| Non-Performance |
9,000 |
12% |
| Recognition |
22,000 |
28% |
| Decision |
30,000 |
38% |
| Performance |
7,000 |
9% |
Non-Performance:
The driver fell asleep, was disabled by a heart attack or seizure, or was physically impaired for another reason.
Recognition:
The driver was inattentive, was distracted by something inside or outside the vehicle, or failed to observe the situation adequately for some other reason.
Decision:
The driver was driving too fast for conditions, misjudged the speed of other vehicles, or followed other vehicles too closely.
Performance:
The driver panicked, overcompensated, or exercised poor directional control.
Driver Fatigue
Falling asleep or experiencing driver fatigue can lead to unnecessary risks and and can often lead to accidents. Unrealistic schedules and expectations of trucking companies that encourage drivers to hurry, despite safety risks involved, are the main culprits behind these crashes.
Although the exact causes can be manifold and the crashes are usually a result of many interlinked factors, the most common reason is still the driver’s physical or mental exhaustion. According to the survey, major factors behind these crashes are fatigue and speeding to meet the deadlines. These factors combined with other factors, such as driver experience, highway condition, poor weather conditions, and vehicle design, etc. can increase the risk of a crash.
The following table shows a total of 19 associated factors that were coded most frequently for large truck accidents.
19 Factors Associated With Road Accidents
| Factors |
Number of Trucks |
Percent of Total |
Relative Risk |
| Vehicle: Brake problems |
41,000 |
29% |
2.7 |
| Driver: Traveling too fast for conditions |
32,000 |
23% |
7.7 |
| Driver: Unfamiliar with roadway |
31,000 |
22% |
2.0 |
| Environment: Roadway problems |
29,000 |
20% |
1.5 |
| Driver: Over-the-counter drug use |
25,000 |
17% |
1.3 |
| Driver: Inadequate surveillance |
20,000 |
14% |
9.3 |
| Driver: Fatigue |
18,000 |
13% |
8.0 |
| Driver: Felt under work pressure from carrier |
16,000 |
10% |
4.7 |
| Driver: Made illegal maneuver |
13,000 |
9% |
26.4 |
| Driver: Inattention |
12,000 |
9% |
17.1 |
| Driver: External distraction |
11,000 |
8% |
5.1 |
| Vehicle: Tire problems |
8,000 |
6% |
2.5 |
| Driver: Following too close |
7,000 |
5% |
22.6 |
| Driver: Jackknife |
7,000 |
5% |
4.7 |
| Vehicle: Cargo shift |
6,000 |
4% |
56.3 |
| Driver: Illness |
4,000 |
3% |
34.0 |
| Driver: Internal distraction |
3,000 |
2% |
5.8 |
| Driver: Illegal drugs |
3,000 |
2% |
1.8 |
| Driver: Alcohol |
1,000 |
1% |
5.3 |
Of the 19 factors listed in Table 2, 15 are driver-related factors. Those 15 factors can be divided into two major groups.
- One group — fatigue and illness — reflects the condition of the driver before the crash.
- The second group — excessive speed, inadequate surveillance, illegal maneuver, inattention, distraction (outside the truck and inside the truck), and following too close — reflects driving mistakes. We see that most of the crashes involve more group-one problems, in which drivers’ are suffering and are not to be blamed.
Other Associated Factors
Other associated factors involved problems with trucks, such as brake problems, traffic flow interruptions like congestion and previous crashes, prescription drug use, traveling too fast for conditions, unfamiliarity with roadway, over-the-counter drug use, inadequate surveillance, and fatigue.
Job Stress
The job of a commercial truck driver can be very stressful and the long hours are exceptionally hard. Some fleet managers often exploit the drivers’ hours of service and pressurize them into working longer shifts without little to zero breaks. It’s also tragic that most fatalities involve the truck driver himself, which is tragic and horrible.
Driver fatigue and illness is also the main reason behind crashes that occur between a commercial truck and a passenger vehicle (car, van, pickup, sport utility vehicle etc.) Most of the data indicated that the commercial truck drivers were subject to adverse physical conditions more often, before the crashes occurred.
As the truck drivers rush to meet their tough deadlines, they are more prone to meet accidents. The loss of lives and the physical, emotional, financial pain associated with such accidents can be avoided if simple precautions and adjustments are made associated with the commercial trucks, their drivers, and the fleet managers.
The Ideal Solution to Eradicating Road Accidents
Federal regulations limit the amount of time a commercial truck driver can log driving per week. There is a maximum 11-hour driving limit allowed for truckers carrying cargo after a consecutive 10 hours off duty. This is to help prevent driver fatigue and give drivers a chance to get the adequate amount of sleep or the rest they need. Often scheduled routes included hundreds, if not thousands of miles, and this can wear on even the most experienced drivers.
An even simpler solution to avoid such tragic accidents and to decrease the stress on the commercial truck drivers is the shift to electronic logging devices, which makes the process of logging very easy. The fatigue caused by filling and maintaining a proper paper log will be immediately eradicated, and the process would become automatic with the help of an ELD. So drivers will have one less thing to worry about. ELD providers have extra features that make drivers’ jobs much easier and also warn them if they are approaching a violation, which significantly decreases the risk of an accident.
