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.
Level I – North American Standard Inspection
An inspection that includes examination of driver’s license; Medical Examiner’s Certificate and Skill Performance Evaluation (SPE) Certificate (if applicable); alcohol and drugs; driver’s record of duty status, as required; hours of service; seat belt; vehicle inspection report(s) (if applicable); brake systems; cargo securement; coupling devices; driveline/driveshaft; exhaust systems; frames; fuel systems; lighting devices (headlamps, tail lamps, stop lamps, turn signals and lamps/flags on projecting loads); steering mechanisms; suspensions; tires; van and open-top trailer bodies; wheels, rims and hubs; windshield wipers; buses, motorcoaches, passenger vans or other passenger-carrying vehicles – emergency exits, electrical cables and systems in engine and battery compartments, seating, HM/DG and specification cargo tank requirements, as applicable. HM/DG required inspection items will only be inspected by certified HM/DG and cargo tank inspectors, as applicable.
NOTE: If more than 20 percent of pushrod travel on exposed pushrods cannot be measured, then the inspection would not be considered a Level I Inspection and shall be identified as a Level II Inspection.
NOTE: A five-axle vehicle combination with one axle not measured will still require two defective brakes to be placed out of service under the 20 percent brake criteria.
Level II – Walk-Around Driver/Vehicle Inspection
An examination that includes each of the items specified under the North American Standard Level II Walk-Around Driver/Vehicle Inspection Procedure. As a minimum, Level II Inspections must include examination of: driver’s license; Medical Examiner’s Certificate and Skill Performance Evaluation (SPE) Certificate (if applicable); alcohol and drugs; driver’s record of duty status as required; hours of service; seat belt; vehicle inspection report(s) (if applicable); brake systems; cargo securement; coupling devices; driveline/driveshaft; exhaust systems; frames; fuel systems; lighting devices (headlamps, tail lamps, stop lamps, turn signals and lamps/flags on projecting loads); steering mechanisms; suspensions; tires; van and open-top trailer bodies; wheels, rims and hubs; windshield wipers; buses, motorcoaches, passenger vans or other passenger-carrying vehicles – emergency exits, electrical cables and systems in engine and battery compartments, seating, and HM/DG requirements, as applicable. HM/DG required inspection items will only be inspected by certified HM/DG and cargo tank inspectors, as applicable. It is contemplated that the walk-around driver/vehicle inspection will include only those items that can be inspected without physically getting under the vehicle.
Level III – Driver/Credential/Administrative Inspection
An examination that includes those items specified under the North American Standard Level III Driver/Credential/Administrative Inspection Procedure. As a minimum, Level III Inspections must include, where required and/or applicable: examination of the driver’s license; Medical Examiner’s Certificate and Skill Performance Evaluation (SPE) Certificate; driver’s record of duty status; hours of service; seat belt; vehicle inspection report(s); and carrier identification and status.
NOTE: Mechanical equipment violations specific to a Level I or Level II Inspection should not be included in a Level III Inspection. If applicable, traffic violations/infractions should be included on a Level III Inspection.
Level IV – Special Inspections
Inspections under this heading typically include a one-time examination of a particular item. These examinations are normally made in support of a study or to verify or refute a suspected trend.
Level V – Vehicle-Only Inspection
An inspection that includes each of the vehicle inspection items specified under the North American Standard Inspection (Level I), without a driver present, conducted at any location.
Level VI – North American Standard Inspection for Transuranic Waste and Highway Route Controlled Quantities (HRCQ) of Radioactive Material
An inspection for select radiological shipments, which include inspection procedures, enhancements to the North American Standard Level I Inspection, radiological requirements and the North American Standard Out-of-Service Criteria for Transuranic Waste and Highway Route Controlled Quantities of Radioactive material.
As of Jan. 1, 2005, all vehicles and carriers transporting HRCQ of radioactive material are regulated by the U.S. Department of Transportation (DOT) and required to pass the North American Standard Level VI Inspection.
Previously, U.S. Department of Energy (DOE) voluntarily complied with the North American Standard Level VI Inspection Program requirements.
Select radiological shipments include HRCQ of radioactive material as defined by Title 49 CFR 173.403. And, because only a small fraction of transuranics are HRCQ, the U.S. DOE decided to include its transuranic waste shipments in the North American Standard Level VI Inspection Program.
Level VII – Jurisdictional Mandated Commercial Vehicle Inspection
An inspection that is a jurisdictional mandated inspection program that does not meet the requirements of any other level of inspection. An example will include inspection programs such as, but not limited to, school buses, limousines, taxis, shared-ride transportation, hotel courtesy shuttles and other intrastate/intra-provincial operations. These inspections may be conducted by CVSA-certified inspectors, other designated government employees or jurisdiction-approved contractors. Inspector training requirements shall be determined by each jurisdiction. No CVSA decal shall be issued for a Level VII Inspection but a jurisdiction-specific decal may be applied.
Level VIII – North American Standard Electronic Inspection
An examination that includes those items specified under the North American Standard Electronic Inspection Procedure. An electronic inspection must include, where required and/or applicable, a descriptive location, including GPS coordinates; electronic validation of who is operating the vehicle; appropriate driver’s license class and endorsement(s) for vehicle being operated; license status; valid Medical Examiner’s Certificate and Skill Performance Evaluation (SPE) Certificate; current driver’s record of duty status; hours-of-service compliance; USDOT or (Canada) NSC number; power unit registration; operating authority; Unified Carrier Registration (UCR) compliance; and federal out-of-service orders.
The North American Standard Level VIII Electronic Inspection is an inspection conducted electronically or wirelessly while the vehicle is in motion without direct interaction with an enforcement officer. To be considered a complete Level VIII Electronic Inspection, a data exchange must include each of the required and/or applicable data points listed in the CVSA North American Standard Level VIII Electronic Inspection definition.
The Federal Motor Carrier Safety Administration (FMCSA) has granted an exemption from the 30-minute rest break requirement for trucks hauling petroleum products. Under certain conditions, fuel trucks can operate for 12 hours a day without triggering the rest break requirement.
With this exemption, FMCSA recognized that “these drivers receive several short ‘breaks’ each day when they unload…at service stations.”
“This is a great development for our fuel haulers and a shining example of association partnership for trucking advocates,” said NTTC President Daniel R Furth. “We are thrilled that the agency agrees that this relief will lower costs for carriers and prices for consumers without compromising safety on our nation’s roadways.”
NTTC and the Trucking Association of Massachusetts (TAM) jointly applied for the exemption in August 2017, and granted exemption formally published in the Federal Register on April 9, 2018 and will last until April 8, 2023. It can be renewed. Additionally, the exemption preempts inconsistent state laws for shipments in interstate commerce.
The two organizations requested that FMCSA exempt the drivers who would be on-duty more than 12 hours so long as their vehicles were carrying petroleum products and were equipped with an electronic logging device. FMCSA agreed that the time these drivers spend unloading provides rest that is equivalent to, and often greater than, rest from the traditional 30-minute rest break. Accordingly, the exemption allows these drivers a 14-hour window to make their fuel runs.
Former TAM chairman and NTTC member John Hamel, president of J&S Transport Co of Lynn MA said: “This was a big win for us. This announcement will provide relief that allows our drivers to get more rest and creates flexibility that will provide improved customer service and greater fleet efficiencies.”
Discussions with FMCSA regarding a fuel hauler exemption from the rest break requirement were first held in late 2016 by a delegation from the two associations that included Furth; Hamel; Boyd Stephenson, NTTC senior vice-president, government affairs; and Becky J Perlaky, executive vice-president, safety & compliance, Kenan Advantage Group Inc. In August 2017, the two groups officially asked that FMCSA issue an exemption from the 30-minute rest break requirement for certain fuel haulers using the hours of service exception referred to as the “12-hour,” “short haul,” or “100 air-mile” exception.
To be eligible for the exemption, the driver and carrier must meet the following criteria:
- The driver normally operates under the short-haul exception;
- The driver must finish their work day within a 14-hour window;
- The driver’s vehicle must be equipped with an ELD;
- The driver must be transporting one of the following cargoes:
- UN 1170–Ethanol,
- UN 1202–Diesel Fuel,
- UN 1203–Gasoline,
- UN 1863–Fuel, aviation, turbine engine,
- UN 1993–Flammable liquids, n.o.s. (gasoline),
- UN 3475–Ethanol and gasoline mixture, Ethanol and motor spirit mixture, or Ethanol and petrol mixture, or
- O NA 1993–Diesel Fuel or Fuel Oil
- The carrier must have a “satisfactory” or “unrated” safety rating; and
- A copy of the exemption notice must be in the vehicle
These fuel haulers’ drivers normally operate under the 100 air-mile exception to the hours of service. That exception allows drivers that report to and finish their driving periods from the same location and who do not travel more than 100 air-miles from that terminal to operate during a 12-hour window without recording their hours of service record of duty status. Before the exemption was granted, drivers that did not return to their terminal within this 12-hour limit fell under the normal hours of service regulations and would be subject to the rest break requirement.
The associations applied for this exemption for three reasons, according to Stephenson: First, these drivers were already effectively receiving rest breaks while unloading at gas stations. Because most fuel haulers unload three or four times per shift, these drivers were receiving more than the regulatory minimum amount of off-duty rest. Second, if a driver realized that they would exceed the 12-hour on-duty window after they had already driven 8 hours, the driver would immediately be required to take a 30-minute rest break. Because these hazmat loads require drivers leave them in safe places, the driver might be forced to drive even further and longer to find a safe place to rest. Finally, anti-cargo theft and anti-terrorism concerns militate in favor of ensuring that these loads are delivered as quickly as possible.
“NTTC is pleased that FMCSA agreed that these concerns were sufficient to grant an exemption,” he said. “We are also pleased that FMCSA agreed that operating under this exemption would not negatively impact safety.”
Carriers can access copies of the exemption by visiting www.federalregister.gov, clicking the “Current Issue” tab, and then changing the date to April 9, 2018.
The exemption is effective immediately. Drivers and vehicles that have accidents while operating under the exemption are required to notify FMCSA via email at MCPSD@dot.gov within five business days of the accident.
Here is a sample Roadside Inspection Report; in each block of the report are numbers and following pages provide an explanation of each block.
