I friend of mine sent me this clip, mostly to make fun of my 90’s computer monitor and 90’s hair. Regardless, it’s interesting to see how widely accepted #GPS technology has been accepted. Nobody is surprised, we all saw this coming. The same question remains, what happens in the unlikely event of a system outage? Or, the more likely event of system interference.
Some of the higher end telematrics systems have redundancy built in with the other navigation systems out there – BDS, Galileo, GLONASS. I am sure US DoD has redundancy we know nothing about. Aircraft and maritime navigation have radio and manual backups.
Leo S. Hughes |
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The root cause (or causes) of preventable truck crashes usually can usually be identified by examining the 10 primary factors below. Analysis and Elimination of these factors one by one until the main cause (or causes) have been identified can be an effective strategy to discovering the most likely root cause of the crash. This allows management to more effectively determine training needs.
Focusing on the following root causes proactively in driver development/training activities is a great strategy to prevent many of these critical crashes from occurring to begin with.
- Driver complacency or overconfidence
Proactive measures: Emphasize respect for the road and conditions and maintain sense of the risks of driving among the driver force.
- Distraction/Boredom/Inattention
Proactive measures: Use strategies that help drivers stay focused on the driving task. Effective policies for distracted driving and use of handheld mobile devices as well as use of GPS navigation systems and satellite radio.
- Driver Fatigue
Proactive measures: Use the CVSA’s Fatigue Management resource; improve effectiveness of HOS monitoring; Incorporate fatigue management training for drivers. Ensure drivers know they can and should stop for rest when they feel fatigued.
- Excessive Speed
Proactive measures: Effective policies; driver training; technology; driver accountability; speed management technologies.
- Lack of driving skills and/or necessary knowledge
Proactive measures: Use wide variety of driver training & development resources to address identified inadequacies; Regular safety meeting training topics on basic skills/knowledge for drivers; increase/improve FMCSA and CVSA knowledge.
- Insufficient commitment to technologies
Proactive measures: Invest in technologies such as blind spot detection devices; collision avoidance; cameras; adaptive cruise control; GPS navigation systems.
- Mechanical / Equipment / Cargo deficiencies
Proactive measures: Investments in improved maintenance practices; on-going training/development of maintenance techs; ongoing driver training in load securement and cargo loading rules and techniques; Improved quality and management of tires/brakes.
- Management Pressure for productivity
Proactive measures: Management training on FMCSA regulations; Management incentives on safety rather than increased productivity or on-time deliveries. Ensure trips are scheduled so as to not exceed speed limits and that provide sufficient time for safe travel.
- Substance Abuse
Proactive measures: Zero tolerance policy/practices company-wide; training on impact of substance abuse; Effective policies. Ensure management is fully trained on reasonable suspicion.
- Force Majeure (Acts of God) adverse Weather Conditions
Proactive measures: Driver training and awareness of proper driving techniques for weather hazards such as Wind / Fog / Snow / Ice / Dust / Smoke / Rain / Heat; Winter Driving toolkit; Effective policies/practices for safe driving. |
Daren Hansen
With the COVID-19 pandemic waning, on-site DOT audits are roaring back and hitting motor carriers’ bottom lines. Are you prepared?
The Federal Motor Carrier Safety Administration (FMCSA) relied heavily on off-site audits during the height of the pandemic and its need for social distancing. But last year brought a resurgence in traditional on-site investigations, which were up a whopping 54% over the prior year.
The Closer They Look, The More They Find
With more auditors going on-site, it’s no surprise they’re finding more violations — and issuing more fines and penalties. Last year saw a 40-percent jump in fines paid, and a similar rise in audits that uncovered the most serious types of violations.
Only about 5 percent of motor carriers escape an audit without a violation. So are you ready for that knock on the door? If not, it’s time to prepare for a DOT investigation of your compliance program.
And if you think you’re too small to be targeted, think again. Over half of all audits in 2022 (54%) were on companies with fewer than seven power units. About 97 percent of those audited had fewer than 100 units.
A Rebalancing
2020 saw a steep rise in off-site “desk audits” performed at the DOT’s offices. In fact, there were more off-site audits that year than on-site for the first time.
The easing of the pandemic has brought a rebalancing. Though many audits (about 27 percent last year) were conducted off-site, auditors are returning to the field. In 2022, the FMCSA and its state partners performed 12,500 investigations, including roughly:
- 3,600 on-site comprehensive audits (up 54%)
- 5,400 on-site focused reviews (up 7%)
- 3,400 off-site audits (down 31%)
An off-site audit involves a review of documents sent to the auditor. By nature, they’re less intensive than an on-site investigation, where the auditor has more freedom to conduct interviews, inspect vehicles, request documents, and take the audit in new directions.
Over 40 percent of audits were “on-site focused,” where the auditor targets a specific safety problem, such as hours of service (HOS) or driver files.
Penalties are Up
As noted, an increase in on-site audits means more violations are being found, and higher penalties are being paid. Last year saw a 10-percent rise in investigations that led to some type of enforcement.
When fines are levied, they are higher than ever. The maximum fines the FMCSA is allowed to levy are tied to inflation and have increased by 14 percent over the past two years.
2022 By the Numbers
- 95% of audits resulted in at least one violation
- 27% resulted in fines or other penalties
- 3,620 enforcement cases were finalized (up 31%)
- $25,700,000 in fines were collected (up 40%)
- $7,100 was paid per settlement, on average (up 7%)
- 47% of audits resulted in acute or critical violations (up 24%)
o 30% of audits resulted in critical violations (up 15%)
o 17% of audits resulted in acute violations (up 39%)
- 36% of audits resulted in a less-than-satisfactory safety rating
o 30% were conditional
o 6% were unsatisfactory
Audits are hitting motor carriers on the bottom line. However, they also have longer-range impacts, given that a less-than-satisfactory safety rating can lead to lost customers, higher insurance rates, and increased liability in court.
Top 5 FMCSA fines of 2022
- $791,640 — CDL and HOS violations
- $91,620 — HOS violations
- $88,450 — log falsification
- $75,080 — drug/alcohol testing, HOS, and vehicle violations
- $72,300 — HOS violations
It’s All About Your Records
The state of your documentation will make or break your audit results. If you’re unsure where to begin preparing for an audit, getting your DOT-mandated paperwork in good shape is a great place to start. Sixty-four percent of all critical violations found during audits last year related to recordkeeping, including 7 out of the top 10.
Why does it matter?
Consider one of the FMCSA’s favorite targets: false logs. If an auditor finds that just 1 in 10 of your drivers’ logs are falsified, the best you can hope for is a Conditional safety rating. If additional problems are found, you could easily end up having your vehicle operations shut down for good.
Top 10 audit violations of 2022 that could affect your safety rating*
- Failing to follow local laws and regulations (§392.2)
- Falsifying records of duty status
- Not using the correct method to record hours
- Using a driver before getting pre-employment drug test results
- Violating the 14-hour on-duty limit
- Violating the 11-hour driving limit
- Failing to keep initial MVRs
- Failing to inspect vehicles annually
- Failing to keep driver qualification files
- Driving with a suspended/revoked CDL
*These are the most commonly found “acute” and “critical” regulations, which are the ones used to calculate safety ratings.
Digital is Critical
No matter what type of audit you might face, you may be asked to submit records electronically on short notice. If you can’t, you’ll be at a disadvantage.
For more and more companies and auditors alike, digital records management is no longer a novelty — it’s expected. The more organized and digitized your DOT records are, the easier you can spot problems before an auditor does, and the quicker any audit will conclude.
Where should you focus your efforts? Your driver qualification, drug/alcohol testing, HOS, and vehicle inspection/maintenance files should top the list — most acute and critical regulations fall into those areas. You may also be asked for proof of insurance, an accident register, and other compliance documents.
Your documentation is often your only proof of compliance. If you fail to create a record or toss one out too soon, you’ll have no way to prove you were doing what’s required.
Angel Coker
A carrier was able to exonerate one of its drivers in an accident that occurred just two weeks after that truck received a video monitoring system installation. A driver-facing dash camera showed that the driver was not distracted or tired; the telematics systems proved the driver wasn’t speeding; and the ELD verified the driver was within their hours of service limits. A forward-facing dash camera showed that the passenger vehicle involved had cut the driver off and hit the front of the truck.
This was an illustration in a recent report Effective Strategies to Improve Safety by the National Surface Transportation Safety Center for Excellence that involved nine carrier case studies. The study shows carriers that implemented video monitoring saw a 53% to 66% reduction in accidents. In the study, eight of the nine carriers used technology – like dash cameras and automatic emergency braking and lane-departure systems – to improve safety.
A recent webinar hosted by GPS Insight highlighted this study and determined five can’t-skip ingredients for an effective fleet safety recipe. Technology is No. 4 on the list, followed by training. The top ingredient is buy-in, followed by consistency and being proactive.
“There are just so many fleets – not just in the United States but across the world – that are always looking for ways to improve safety,” said Matthew Camden, senior researcher with the Virginia Technology Transportation Institute. “But a lot of times we hear that fleets don’t necessarily know where to turn and what they should try.”
The study identified strategies among the nine fleets that were successful – and some even unsuccessful – in reducing crashes and improving safety performance. Camden said some faced barriers from coming up with a plan and obtaining equipment to understanding what problems needed solving and how to evaluate that.
While the implementation of safety measures is going to depend on a per-feet basis, Rick Harland, assistant director of fleet mobility services for the city of Austin, Texas and former fleet manager at Time Warner, offered several strategies: develop data-driven policies; implement a safety culture from leadership down; use auditable technology; and set key performance indicators to establish a method for continuous improvement.
Here’s what the experts had to say per ingredient:
Buy-in
It starts with leadership, Camden said.
“Some of the carriers that participated in this study did try some strategies that weren’t very successful … I really honestly think that the strategies that these companies tried, and they weren’t a great fit for their organization, came down to how those programs were rolled out, implemented and supported by the leadership in the company,” he said. “So I think that it just really gets at the importance of having that culture and the people there to support the ongoing success and evaluation of safety programs.”
In a flash poll within the webinar that asked “have you had trouble getting drivers or other stakeholders in your company or organization to buy into safety,” the overwhelming response was yes.
In a separate webinar – this one hosted by the Truckload Carriers Association – that addressed how carriers can move from talking about safety to actually operationalizing it, Alicia Echols, director of safety and compliance at Bennett Heavy and Specialized, agreed that leadership is responsible for creating a strong safety culture.
She said one of the most successful strategies her company is doing to achieve that, in addition to a quarterly safety meeting, is a driver all-call held on the third Friday of each month where the company shares performance metrics and recognizes positive safety behavior and delivers incentives. It also includes talks about safety trends and how to improve in certain areas. Sometimes guests join; for example, one of the company’s recent all-calls included a representative from the Georgia Department of Public Safety who talked about the CVSA Road Blitz.
“What we found is that when we have that type of communication and collaboration, we’re better equipped to identify gaps and communicate risks,” Echols said, advising carriers to blur the line between safety and operations by facilitating a deeper connection; don’t isolate them.
Wayne Transports also addresses the safety culture from the top down with weekly in-house safety videos that involve leadership and other members of management.
Paul Schmitz, director of safety at Wayne Transports, who also joined the TCA webinar, said the three- to five-minute videos are sent out every Monday to all employees, not just drivers.
“Communication in this industry has always been challenging,” he said. “Drivers and others in the company, they come to expect safety from safety professionals; they hear from us all the time. When you get leadership saying and showing examples of safety expectations, that’s when the culture changes. We push to get as much involvement from every level … but the leadership is key to making sure that message is not lost.”
Consistency
The rules must apply to everyone with no exceptions.
Camden said because it’s hard right now to find drivers to fill seats, some carriers have compromised on their hiring criteria.
“A couple of the companies who participated in this study, they made exceptions to (their hiring practices), and those drivers were involved in collisions,” he said. “That is a recipe for disaster from a liability standpoint and your safety performance.”
He said those carriers saw major improvements in their safety performance when they stopped making those exceptions.
Echols said Bennett sets very clear safety goals and expectations for its drivers from the beginning, and the carrier regularly tracks and communicates progress on those goals.
Without excellent safety statistics to back up its drivers’ performance, the company couldn’t haul the materials it does, which includes ammunition, explosives and other Hazmat materials.
And she said the No. 1 cause for a safety program to fail or not to be as effective is lack of communication.
“I think that if you miss the mark on communicating out your why, then you’re going to have people that don’t really understand what you’re trying to do,” Echols said. “We encourage open communication between drivers and management. I’ve had conversations with our drivers that have resulted in policy changes. We never want to isolate our drivers or make them feel like they aren’t part of the team because they’re the eyes and ears on the road.”
Alex Furl of GPS Insight said he has seen situations where a driver addresses a safety concern and is dismissed by management, so it’s important to increase transparency between drivers and supervisors, especially when it comes to safety data.
Schmitz said if drivers don’t have that data, they can’t understand what’s going on and how to fix what’s broken.
Using technology to be proactive
Reaction means something bad has already happened.
“For an active safety culture, it takes passion; it takes focus; and then, most of all, it takes action,” Schmitz said. “It takes action, not reaction. And so many fleets are reactive. In today’s world of trucking, if you’re not using … technology to assess the risk and manage the risk of your fleet, you’re basically reactive.”
In another flash poll posted in the GPS Insight webinar, 82% of attendees who responded said they do use safety technology, and the majority said they would most like to add automatic emergency braking (AEB) systems. In the NSTSCE study, carriers that used AEB systems saw a 56% reduction in rear-end accidents.
There’s AEB, telematics, lane-departure and blind-spot warnings, dash cameras with real-time alerts and driver coaching and so much more. How does a carrier choose a vendor with so many options on the market?
Schmitz said it’s about identifying what problems your company needs to address and then peeling back the layers on each vendor to determine what best suits those needs.
He suggests asking other safety professionals what they’re using, how long they’ve had it, does it work and is support readily available. He also said it’s important to go beyond sales and meet with vendors’ development teams to understand their vision for the future of the product and learn how they will maintain their relationship with you. His advice to tech vendors is to seek out transportation companies to serve as advisors for their products. Wayne serves in an advisory role for Idelic.
Echols said a great way to determine if your company can have a long-term relationship with a vendor is if that tech partner listens to your recommendations and actually takes action on them.
Training
Continuous training is the fifth can’t-skip ingredient, whether it’s online, in the classroom, on the road, video-based coaching or automated coaching alerts.
“These vehicle-based technologies produce so much data on individual driver trends and driver safety; that’s a wealth of information that companies can use to train their drivers on the specific risks that particular driver has,” Camden said.
Doug Marcello
The Bottom Line
Trial success in case involving Plaintiff’s claim that his legs were run over by my client’s truck causing the amputation of his leg.
The Numbers
Plaintiff demanded $1.420 million. Pre-trial offer $50,000. Verdict $37,000.
The Facts
Plaintiffs hired my clients to move them from Pennsylvania to California. During the day of the move, freezing rain developed and became progressively worse.
After the truck was loaded, my driver decided to spend the night there due to the freezing rain. Plaintiff asked if he would move the truck because it was blocking the driveway. He also said that he would take the driver in his car to a spot where he would be able to turn the truck around in the morning.
Plaintiff and the driver agreed to meet at Plaintiff’s car which was parked across the street diagonal from the front of the truck. The driver proceeded to truck, did a walk around, and began to back up. Unknown to him, the Plaintiff had come to the passenger side of the truck.
Plaintiff alleged that the truck ran over his leg, resulting in its amputation. Plaintiff had had problems with the leg prior to the accident including peripheral neuropathy and vascular disease.
Plaintiffs also sought punitive damages against the driver and the company.
The Verdict
At the end of the four day trial in Pike County, PA the jury apportioned negligence 51% to the driver and 49% to the Plaintiff. It awarded the amount of the Medicare lien which was stipulated at $74,000. Reduced by Plaintiff’s negligence, the ultimate verdict was $37,000.
The Issues
My colleagues, Alyssa Adams and Tiffany Peters, drafted the motions in limine and briefs, including achieving the following:
- Excluded CDL Manual, Smith System, ATA Preventability Guidelines;
- Excluded the police report;
- Precluded Plaintiff witness from opining that Defendants’ conduct was “reckless” and/or “outrageous”;
- Excluded driver’s prior accidents;
- Excluded driver’s MVR;
- Excluded driver’s prior criminal conviction;
- Excluded evidence of out-of-pocket living expenses;
- Excluded testimony of “fear and terror” by Plaintiff’s pain expert.
Developing a Fleet Accident Response Plan
John Kuder |
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Accidents cost you money. Worse yet, they get people hurt or even killed. Your best bet is to work to prevent accidents from happening. But what’s your plan when (not if) one of your drivers is involved in a collision?
If you want to reduce your cost of loss, liability, and inefficiencies, you need to invest in fleet accident management and develop an accident response plan.
Accidents are costly because, at the very least, they lead to lost time, late freight, vehicle downtime, and vehicle repair costs. At their worst, they lead to court dates, workers’ comp, and massive fines.
That’s why you need to have an accident response plan in place.
What Is an Accident Response Plan?
An accident response plan is a crucial part of fleet accident management. An accident response plan is a procedure with set steps in place taken after an accident by your drivers, your dispatchers, your managers, and possibly executives.
The accident response plan details who in your company is responsible for what duties, when those actions must take place, and when those actions must be completed by.
Your drivers, managers, and any other involved personnel must have the company’s accident response plan memorized.
What Is Involved in an Accident Response Plan?
An accident response plan is a coordinated effort between your driver, dispatch, and managers. Each person has a different set of priorities and responsibilities.
Important note: the strategies listed below are best practices. We are not lawyers and do not offer legal advice. We are experts in transportation safety and implementing safety procedures.
Driver
The driver’s responsibilities are the most straightforward. However, they’re also the most important. Your driver must take these actions in this specific order:
- Ensure that the scene is safe for their own sake and the sake of others (they should immediately move themselves to the safest place possible; oftentimes, this means staying in the vehicle)
- Contact dispatch then call 9-1-1 in any accident involving other people (if the accident poses imminent threat or harm to someone, your drivers should call 9-1-1 before calling dispatch)
- Avoid talking to the other people involved
- Record all the facts related to the incident
- Cooperate with police but refuse to talk about what caused the accident and never admit fault
- Wait for someone from the company to arrive
Dispatch
When dispatch is called about an accident, they must act quickly. Their job is to alert the appropriate personnel as soon as possible.
While talking to the driver, the dispatcher must learn:
- Where the accident took place
- The nature of the accident
- If anyone is hurt or who else was involved
- If the driver has already called 9-1-1
In addition, the dispatcher should maintain a professional tone, remind the driver to stay calm, and ensure that the driver is in a safe place.
Once they are off the phone with the driver, your dispatcher should contact their manager immediately.
Manager
Once the dispatcher alerts the manager, he or she must act just as quickly. The manager has several responsibilities:
- Getting the correct company personnel out to the scene of the accident
- Alerting other necessary members of the company (if it is a serious accident, it should be escalated to a higher level)
- Calling the involved driver to ensure that police have been notified and that the driver is safe
- Arranging transportation for the driver from the scene/medical attention for the driver if necessary
- Arranging transportation of the vehicle from the scene/towing of the vehicle if necessary
Whoever is a responder to the scene is charged with helping to ensure the scene is safe, cooperating with law enforcement, calling their insurance company at the scene, and ensuring the company does not increase its liability by admitting fault.
Putting Your Plan into Place
First and foremost, you need to have your accident response plan written down, step-by-step, with explicit instructions on who is involved. Then, you need to make sure everyone knows it. There are a few strategies you should use to accomplish this.
- New hire training – your drivers, dispatchers, and managers must be educated on how to handle accidents and emergency situations.
- In-person training – host in-person training with all involved employees on how to respond to an emergency. Don’t leave it up to chance, and don’t count on your employees to read a manual and act accordingly. Ensure they know and can take the corrective actions.
- Yearly refresher training – at least once per year, host refresher training on accident response plans. Do so with drivers, dispatchers, managers, and anyone else involved.
- Have the plan easily accessible – have your accident response plan available for employees to review. Give everyone a digital copy for their own reference if possible.