Log falsification remains the number one hours-of-service-related violation. Many people mistakenly believed that falsification would be a thing of the past once electronic logging devices (ELDs) were in widespread use. However, while ELDs made falsification harder and easier to spot (by officers and companies alike), it did not stop the practice.
Here are the common methods drivers use to falsify, followed by how you can catch it, and what you should do about it:
- Logging out when a limit is reached and then continuing to drive.
- How you can catch it: This becomes evident when you assign the unassigned driving time to the driver.
- What you should do about it: This type of falsification is why it is critical that you run an unassigned driving report each day and quickly deal with any unassigned driving time (see 395.32)!
- Driving without logging in to make a break long enough.
- How you can catch it: This is also evident when the unassigned driving time is assigned to the driver.
- What you should do about it: This is another reason quickly dealing with unassigned driving time is so important!
- Using one of the special driving categories (personal conveyance or yard move) to hide on-duty and driving time or to keep driving time from being recorded as driving.
- How you can catch it: Run a report that shows the use of these driving categories and make sure the use was legitimate.
- What you should do about it: If personal conveyance was used, you need to verify the driver was not moving down the assigned route line, did no work for the company, and did not end up in a better location as far as the company was concerned. If yard move was used, you need to verify the driver was in a yard (a privately owned area not open to public travel) during the movement (see 395.28 and Interpretation Question 26 to 395.8).
- Editing to create more hours.
- How you can catch it: This can be seen by running an edit report and looking for drivers who were short on hours and who edited a bunch of on-duty time to make it off-duty time.
- What you should do about it: Verify that the edits matching the falsification profile (on-duty to off-duty time) are legitimate edits (done to correct an error or omission). A common reason for such an edit is the driver forgetting to log out at the end of the day. This will be obvious. However, if the edit was done at a loading, unloading, fueling, or inspection location, the edit should be suspect (see 395.30).
- The appearance of ghost driver accounts.
- How you can catch it: These are driver accounts that do not have an actual driver assigned to them. These accounts are prohibited in the regulations (395.22) and are a common place for drivers to hide driving time.
- What you should do about it: To see if you have any ghost drivers, compare your driver roster to the driver list in your ELD system. If you discover a ghost driver, find out who created it and who has been using it.
- Minimizing on-duty time.
- How you can catch it: When looking at summary reports, be on the lookout for drivers who have the same amount of on-duty time each day (called cookie cutter logging) or have little or no on-duty time.
- What you should do about it: Look for specific patterns. When a driver is doing cookie cutter logging, the driver will always log the exact same amount of time for on-duty activities (for example, always five minutes for a pretrip or fueling and always fifteen minutes for loading or unloading, etc.) and the on-duty time will be surrounded by off-duty time. Also be on the lookout for drivers who have fewer on-duty hours than a typical driver at your company.
By watching for these and other common methods drivers use to falsify their logs — and taking quick action when falsification is found — you will go a long way toward reducing this common violation and improving highway safety in 2024 and beyond.
Key to remember: ELDs did not make falsification impossible. However, they did make it easier to see if you know what you are looking for and where to look.
Truckers News Staff
With some 4 million commercial vehicles being inspected on North American highways during the course of a year — including several special concentrated inspection efforts conducted by law enforcement — it’s a pretty good chance that you will eventually be stopped.
The Commercial Vehicle Safety Alliance is an organization of safety officials and members of the trucking industry members who work to improve highway safety. It also organizes several inspection efforts each year and educates law enforcement agents and members of the trucking industry on the various types of inspections.
It also provides informational materials about its inspection program, including:
Here’s how the CVSA explains each level of inspection:
Level I – North American Standard Inspection
This 37-step inspection includes an examination of the 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, motor coaches, passenger vans or other passenger-carrying vehicles – emergency exits, electrical cables and systems in engine and battery compartments, seating, hazardous materials or dangerous good (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.
Level II – Walk-Around Driver/Vehicle Inspection
CVSA At 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, motor coaches, 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
This examination includes, where required and/or applicable: an 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. 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
This inspection 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
This is 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
This is 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
This 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.
A look back at some of the top labor issues in the freight-hauling industry since deregulation in the 1980s—and even before—as well as the notable impacts of ongoing worker and driver challenges.
FleetOwner Staff
Although the federal government doesn’t regulate labor in trucking per se, the impact regulations have on commercial drivers can’t be ignored.
The Labor Day weekend gives us here at FleetOwner an opportunity to look back at some of the top labor issues in the industry since deregulation in the 1980s and the effects of some notable and ongoing worker and driver challenges.
Deregulation was all about lowering economic barriers—such as higher insurance rates and higher registration costs—for motor carriers entering the industry. In turn, the government started raising safety barriers.
“All of these laws started getting passed to raise the safety bar,” Dave Osiecki, an industry veteran since the mid-1980s and a senior consultant at Scopelitis Transportation Consulting (STC), told FleetOwner. “Safety-based rules are directed at labor and the drivers largely. When you think about safety, it’s operational safety, vehicle, and truck safety, but if you really want to improve safety in trucking, it’s really about the person–the human–because that’s who makes the mistakes, unfortunately. That’s why a lot of the safety regulations are really aimed at labor, if you will.”
More than 40 years ago, that shift in deregulation ended up leading to an increased number of new companies coming into the business, Steve Keppler, who is co-director at STC, pointed out. “It depressed rates, but it also created efficiencies and opened up competition in the capital market,” he explained.
Keppler started his 29-year transportation career with the Federal Motor Carrier Safety Administration (FMCSA), where he served in various regulatory, research, and policy development positions. He also spent 15 years with the Commercial Vehicle Safety Alliance, the last six of which he served as the group’s executive director.
“At the end of the day, the ultimate goal in transportation is to be safe,” Keppler said. “The response to deregulation in many respects was a slew of laws and regulations to try to get to that point. Since we’re not regulating you economically anymore, we have a responsibility to ensure safety on the highways. We are going to shift our focus to safety, so things like the electronic logging device mandate, hours-of-service changes, medical changes, drug testing, and the creation of the CDL under the Commercial Motor Vehicle Act of 1986—that was a big deal.”
In April 1992, the CDL went into effect. According to trucking radio icon Dave Nemo, who has been an in-cab companion for over-the-road truckers for the last 50 years or so, when the CDL law took effect, motor carriers and drivers expressed the same fear and trepidation that permeated the industry leading up to ELD mandate compliance in 2017.
“People didn’t know what it was all about,” Nemo said. “The hope among the drivers was: ‘Finally, we are like airplane pilots. We can drive across country with one license, and it’s a federal license.’ But we found out it was the same thing, only different, but now the federal government has a hand in the states that they didn’t have before. So, the FMCSA is born and then all of the subsequent things that FMCSA has brought about.”
At the end of the day, carriers will remain concerned with anything that disrupts daily business, particularly for companies with smaller operating margins, Keppler pointed out. And even though many of the safety rules that have been implemented since deregulation created a higher standard for those entering the business, drivers are often dealt a bad hand.
This gallery illustrates that labor issues in transportation are more important than ever—especially with the ongoing truck driver shortfall and technician shortages predicted to become worse over the next decade.
“It’s always a balancing act,” Keppler said. “You need to evaluate things on their totality. Yes, safety is important and critical, but we also want to make sure that we have a healthy, productive, and committed driver workforce. If you look at it from a safety and risk perspective, for drivers that have medical issues and who are not happy, there is research to show that those drivers are riskier.”
“It’s incumbent upon the government and carriers to make it as best of an environment as they can for those drivers because of that,” he added. “We see a lot of carriers creating new benefits programs, raising driver pay, and doing a lot of things to help retain drivers by making them as safe, healthy, and productive as possible.”
Motor Carrier Safety Act of 1984
The Motor Carrier Safety Assistance program was authorized in 1982 shortly after deregulation. What that did was establish a program for the federal government to get states involved in oversight, explained Steve Keppler, co-director at Scopelitis Transportation Consulting. It set up a grant program and gave states money to help oversee drivers and motor carriers. Related to that, in 1984, the Motor Carrier Safety Act was established. It basically required the federal government to make sure states had compatible and consistent regulations to not impede interstate commerce, Keppler added. The Motor Carrier Safety Act of 1984 established rules, regulations, standards, and orders to assure that commercial motor vehicles are safely maintained, equipped, loaded, and operated; the responsibilities imposed upon commercial drivers do not impair drivers’ ability to operate safely; the physical condition of drivers is adequate to enable them to drive safely; and the operation of commercial motor vehicles does not create deleterious effects on the physical condition of drivers.
Commercial Motor Vehicle Act of 1986: Creation of the CDL
To improve safety, in 1986, Congress enacted the Commercial Motor Vehicle Safety Act (CMVSA), which standardized the minimum requirements for obtaining and retaining a commercial driver’s license (CDL) and prohibited drivers from holding more than one CDL. The law was intended to improve highway safety by removing unsafe commercial vehicles and unqualified and unsafe drivers from the roads. The CDL took effect in April 1992 and has been a gateway for many of the regulations the industry sees today.
Hours-of-service regulations
The first HOS rules were established in 1937 by the Interstate Commerce Commission (ICC). They allowed 10 hours of driving time and eight hours of off-duty time within a 24-hour day as well as 60- to 70-hour limits for seven- and eight-day time frames, and time in the sleeper berth needed to total eight hours over two undefined periods. These regulations changed little until the Federal Motor Carrier Safety Administration’s 2003 final rule (effective in 2004). The ICC had been abolished in 1995, leaving rulemaking to the FMCSA. Under the 2003 final rule, drivers had 11 hours of driving time and 10 hours of off-duty time, and sleeper berth time totaled 10 or more hours over two periods, each with a minimum of two hours. The 2005 final rule changed the sleeper berth provisions to provide one of the sleeper berth periods to be at least eight consecutive hours, in addition to another two-hour period in the sleeper or off-duty, totaling 10 hours off-duty. Some critics said requiring eight-hour chunks of time in a sleeper berth was overly restrictive to drivers who wanted to utilize naps or team drivers who want to switch between each other with more flexible shifts. Critics also said that the mandatory two-hour break shouldn’t cut into drivers’ 14-hour shift, impeding their ability to work and discouraging them from taking the break. In 2017, a 34-hour restart rule was enacted that allowed drivers to reset their workweek (60/70 hours in 7/8 days) after 34 hours of consecutive rest. FMCSA studies found 34 hours is the optimal amount of time to reduce fatigue-related incidents. The 2020 changes also included the option of a 7/3 sleep/break split for increased flexibility and a 30-minute break requirement after eight cumulative hours of driving. HOS regulations continue to be a contentious topic to this day in the industry.
Electronic Logging Device (ELD) mandate
The Federal Motor Carrier Safety Administration (FMCSA) enacted the electronic logging device (ELD) mandate in February 2016, and carriers had to comply by the end of 2017. The mandate required drivers to use ELDs to track their schedules to ensure hours-of-service (HOS) compliance. It also established standardized technical specifications for ELDs. Drivers previously logged their hours on paper, which critics said allowed carriers to abuse their drivers by encouraging them to fudge numbers, pushing them past their HOS limits. ELD rule exceptions exist for drivers of vehicles manufactured before model year 2000, driveaway-towaway drivers where the vehicle being driven is the commodity being delivered, and drivers who use paper logs no more than eight days during any 30-day period. The FMCSA estimates that ELDs reduce crashes and save lives.
Medical certification requirements
Medical certification requirements have quite a long history of evolution in the trucking industry—and they have not been developed without controversy. But if you don’t have a valid certification or don’t keep it current, you don’t have a job driving a truck. There are stiff penalties if a driver falsifies a certification. Myriad medical certification rules took effect in 2014. By law, every CDL/CLP holder must have a U.S. Department of Transportation-mandated physical exam annually (or every other year if you’re younger and healthy) and have a medical certificate on file with their state’s department of motor vehicles. The certificate confirms the driver is healthy enough to safely perform the demanding job of driving a commercial vehicle. The exam must be performed by a medical examiner who is listed in the Federal Motor Carrier Safety Administration (FMCSA) National Registry. Regulations allow states to revoke the CDL privileges of drivers who don’t have valid medical examiner certificates (MEC). With this all comes advice from FMCSA on related issues such as proper use of prescription medications, fitness, nutrition, and control of health issues common among truckers such as obesity, diabetes, and high blood pressure. Obtaining and keeping a medical certification takes more effort than simply showing up for a physical exam. Diet and exercise are important, but passing the DOT physical (and keeping your driving privileges intact) begins with the right attitude about your health. Medical issues such as hearing and vision impairments and diabetes have FMCSA restrictions attached to the medical certificate process. After seven years, FMCSA also recently released a draft of its Medical Examiners Handbook that offers revised guidance to help examiners ensure that drivers are healthy and is seeking comment right now on the handbook.
Driver drug testing and the Drug & Alcohol Clearinghouse
It’s taken some time for the dust to settle on truck driver drug-and-alcohol testing and the reporting of those results to the more than 2-year-old federal Drug & Alcohol Clearinghouse, which is a secure online database that employers, state licensing agencies, and law enforcement can use to retrieve information about a CDL/CLP holder’s status. The clearinghouse has had a profound impact on safety but also on the trucking industry workforce and, indirectly, job satisfaction. Every CDL/CLP holder by law must be registered with the clearinghouse. For testing positive at least once, more than 135,000 drivers have been sidelined and placed into “return-to-duty” status for counseling and mandatory testing since the start of 2020. The safety benefits of the clearinghouse—and its role in helping to keep drivers impaired by substances off the road—is nearly universally acknowledged by the industry. Statistically, however, testing and the clearinghouse system have kept tens of thousands of truckers from driving. More than 100,000 of the 135,000 since 2020 are in prohibited status with the clearinghouse, meaning they can’t get back behind the wheel and make a living in the industry, at least not as drivers. The industry is short around 80,000 drivers and might be down about 160,000 by decade’s end, according to an American Trucking Associations estimate. Squabbles since before 2020 have erupted over the testing methods sanctioned by the Federal Motor Carrier Safety Administration and the clearinghouse. The only testing method currently approved is urinalysis, which most often flags marijuana-using truckers (81,492 since 2020). But some stakeholders who use it during pre-screening of applicants are still pushing for hair-follicle testing because of its ability to detect use of harder drugs farther back in time—and the U.S. Department of Transportation has approved the addition of oral fluid testing to the clearinghouse-sanctioned testing methods, though this is still under review.
Employee Misclassification/Independent Contractor Status | California’s AB5
In 2019, California Assembly Bill 5 (AB5) was passed. It set forth a legal test for independent contractors that, if failed, would require employers to hire these contractors as employees. There are many professions exempted from the law, but truck driving is not among them. The owner-operator model as it has existed for decades does not meet the legal test. Many carriers preemptively hired their contractors as employees. Many owner-operators were left scratching their heads as how to comply with the law. The law offers little to no guidance on how drivers can comply, as it is not specific to trucking. There are also questions regarding interstate commerce, on how the law affects owner-operators from outside the state operating in California. There is also concern that copycat laws will arise in other states, such as Senate Bill 863 in New Jersey. A preliminary injunction was issued by the U.S. Southern District Court of California to allow truck drivers to act as independent contractors during ensuing litigation from the California Trucking Association (CTA). However, with the Supreme Court opting to decline an appeal from the 9th Circuit, the district court had to repeal the injunction, formally lifting it Aug. 29. CTA intends to file a new motion for preliminary injunction via an argument based on the Federal Aviation and Administration Authorization Act of 1994. Briefing on the new motion will take place this fall. Additionally, the court will consider a motion from the Owner-Operator Independent Drivers Association (OOIDA), according to Scopelitis law firm.
Entry-level driver training requirements
The Federal Motor Carrier Safety Administration (FMCSA) on Feb. 7, 2022, enacted a federal standard to obtain a commercial driver’s license. The regulation applies to people obtaining a Class A or Class B CDL for the first time after Feb. 7. It does not apply to any applicant who obtained a new CDL or commercial learner’s permit before Feb. 7, but it does apply to anybody upgrading an existing Class A or B CDL, or getting a hazardous materials (H), passenger (P), or school bus (S) endorsement for the first time. Driving schools are required to register with FMCSA. The entry-level driver training (ELDT) standards do not require a minimum number of hours, but they do require that applicants pass a theory instruction assessment and behind the wheel training. The federal regulations do not supersede state ELDT requirements that exceed the FMCSA’s minimum standards. For example, if a state has minimum hour requirements, drivers in that state must still meet the requirements. At the time of the regulation’s enactment, American Trucking Associations estimated that 85% of entry-level drivers were already trained with curricula that met the ELDT standards. “The entry-level driver training rule is a big deal and has been a long time coming,” STC’s Keppler said. “It was a difficult road. The process took over 20 years to get that done. It’s rules like that and ELDs, and driver medical certification—some view them as a negative, but they are also professionalizing the driver. It’s creating a higher standard for people entering the business.”
Exemption from the Fair Labor Standards Act
The Fair Labor Standards Act of 1938 (FLSA) established overtime pay requirements for U.S. workers. However, these overtime pay regulations do not apply to motor carrier employees. Section 13(b)(1) of the FLSA provides an exemption for employees within the authority of the Secretary of Transportation pursuant to Section 204 of the Motor Carrier Act of 1935. This covers employees of motor carriers or private motor carriers. It also affects drivers, driver’s helpers, loaders, or mechanics whose duties affect the operational safety of vehicles on public highways in interstate or foreign commerce. There is a small vehicle exception, where employees who work with vehicles weighing 10,000 pounds or less are not exempt from overtime pay requirements.
Implementation of the CSA scoring system
From FMCSA: “CSA is the Federal Motor Carrier Safety Administration’s data-driven safety compliance and enforcement program designed to improve safety and prevent commercial motor vehicle crashes, injuries, and fatalities.” It took quite a bit—and quite a lot of debate—to get there starting in 2010. The regulator’s safety scoring system is controversial to say the least—it’s still being challenged and tweaked to this day—and it has broad implications for trucking as a business, insurance, and liability. CSA stands for Compliance, Safety, Accountability and consists of three core components: the Safety Measurement System (SMS), interventions, and a Safety Fitness Determination (SFD) rating system to determine the safety fitness of motor carriers. It’s all about whether a carrier is judged to be safe to operate on the nation’s highways and byways. The SMS uses data from roadside inspections and crash reports from the last two years, and data from investigations to identify carriers with safety performance and compliance problems for interventions. FMCSA investigators are equipped with a variety of interventions to contact and work with motor carriers that have safety performance and compliance problems. The SFD assesses the safety fitness of motor carriers to help FMCSA stand down carriers that are unfit. CSA is among carriers’ biggest concerns, Steve Keppler, co-director at Scopelitis Transportation Consulting, observed. “FMCSA has been silent on that for a while,” Keppler said. “Liability is a big issue right now with a lot of trucking companies and their insurance rates. A carrier concern is not knowing what the outcome of CSA will be and what [FMCSA] will do with that.”
Seth Skydel
The science is simple—the air pressure in a tire is what carries the load, explained John Ramaika, regional fleet manager at Double Coin. Therefore, an underinflated tire requires more energy, meaning more fuel to roll. “The simplest and most neglected maintenance item which will impact tire performance and fuel economy is proper inflation,” he said.
The math is simple as well—there is a rule of thumb that 10% underinflation will cost about 1% in fuel economy, related Jim Garrett, long haul product category manager at Michelin North America. “Tires are designed for a specific amount of deformation for traction and stability and underinflated tires have more deformation,” he said. “The energy used to deform the tire comes from somewhere– ultimately it comes from the fuel tank.”
It’s easy to see how effective tire pressure management can help lower fuel costs.
“Tire maintenance and good policies and procedures contribute greatly to fuel economy because proper air pressure allows tires to perform at their maximum design levels,” said Tom Clauer, Yokohama Tire’s senior manager of commercial product planning. “Air pressure is the single most important component of any fleet maintenance practice as underinflated tires have a direct correlation to increased fuel consumption.
“Every fleet should set, maintain and enforce a strict policy concerning air pressure and it should be checked cold and daily,” Clauer added. “Drivers are the point of the spear for this and each time that equipment is in the shop for any service or maintenance, air pressure should be checked and adjusted. They should also take note of any irregular wear, which is usually an indication of a deeper issue, including the possibility of improper air pressure.”
Greg Kidd, application engineer at Bridgestone Americas Tire Operations, U.S. and Canada, said the manufacturer encourages drivers and fleet managers to be proactive about tire management.
“As a routine part of a pre-trip inspection, fleets should check all tire inflation pressures,” Kidd advised. “During normal operating conditions, tire inflation pressure can increase 15% to 20%. Therefore, it is recommended to evaluate tire pressures before driving begins when the tire is cold to ensure a more accurate pressure check. Bridgestone also recommends replacing the valve stem seal, core and steel threaded flow-through cap every time a tire is mounted.
“There is no significant difference in proper maintenance practices between the steer, drive and trailer tires,” Kidd continued. “ However, it is important to keep the tractor and the trailer axles aligned. That will ensure the tires are rolling straight down the road, which will maximize tire life as well as fuel efficiency.”
Michelin’s Jim Garrett said fleets should invest in new valve stems every time a tire is replaced, digital tire gauges for maintenance personnel, pressure stickers on the vehicle for each wheel position, and driver and maintenance personnel training, which the company offers on request.
“Training is also available through your trucking association, your local tire dealer and suppliers of any specialty equipment you might purchase,” Garrett added. “We also recommend becoming familiar with the service manual provided by the tire manufacturer.”
At Yokohama, according to Tom Clauer, classroom training can be accessed through associations and onsite training can be conducted by a tire manufacturer representative and/or engineering staff. The company also offers a commercial video training series.
ATA’s Technology and Maintenance Council is an excellent resource for fleets, noted John Ramaika at Double Coin. For example, he pointed to the TMC Radial Tire Conditions Analysis Guide for a comprehensive review of tire conditions covering probable causes and recommended actions.
Bridgestone’s Greg Kidd went on to point out that there are several options available for tire maintenance training, including on-site courses for fleets or sessions at the Bridgestone Texas Proving Grounds facility. TMC, he added, offers manuals such as Tire and Wheel Maintenance Basics for Drivers.
“While it would be difficult to quantify exact fuel savings from proper inspection and service procedures,” Kidd said, “one of the most effective ways to accomplish this is by working closely with a tire manufacturer to create a comprehensive tire management program.”
“Many of today’s trucks have sophisticated on-board monitoring systems that can be used to measure fuel economy,” said Jim Garrett at Michelin. “The data can provide an understanding of variables such as routes and drivers and can take time to collect, but many fleets are getting good at this and clearly recognize the quick payback in improved tire maintenance.”
A group of researchers from Northeastern University and the University of Arkansas issued a report this February “Did Electronic Logging Device Mandate Reduce Accidents?” which analyses the effects of the electronic logging device mandate, and they reached two main conclusions:
- The use of ELDs has not reduced the rate of truck crashes
- The frequency of speeding violations, particularly among the small carrier segment, has increased since the mandate took effect
The report mostly focuses on smaller carriers and owner-operators who were considered the most impacted by the mandate, since larger carriers were likely already using ELDs or AOBRDs.
Although there were fewer hours of service violations, crash numbers saw little impact by the enforcement of the ELD mandate.
The report studied drivers between January 1, 2017 and September 1, 2018, which included:
- Nearly a year’s worth of data prior to the December 18, 2017, enforcement deadline of the ELD mandate, and
- Roughly three-month light enforcement period ahead of the April 1, 2018, hard enforcement date
For the pre-enforcement period, researchers said there was an average of 1,717 truck crashes a week. That number spiked during the soft enforcement period (December 17, 2017, to April 1, 2018) to 1,912 crashes a week. After April 1, the number dropped to an average of 1,703 crashes per week.
- Independent owner-operators averaged 154 crashes a week prior to the ELD mandate December 2017 deadline and 160 crashes after hard enforcement began in April 2018.
- Drivers at carriers with between 101 and 1,000 truck averaged 374 crashes a week before the mandate and 361 crashes a week after hard enforcement began.
- Carriers with 1,001 or more trucks saw their crash rates dip slightly, from 244 a week to 240 a week.
Based on this data, the researchers conclude that these numbers do not point to any obvious reduction in accidents due to the ELD mandate.
While accident rates appear unchanged, the report says, unsafe driving behaviors such as speeding appear to have increased over the same period of time. These unsafe driving behaviors were found to be in response to productivity losses caused by the mandate.
According to the report, unsafe driving violations:
- By owner-operators increased by as much as 33.3%, and speeding increased by as much as 31%
- Carriers with between 101 and 1,000 trucks saw only a 6% increase in the number of unsafe driving violations per week after hard enforcement of the mandate began
- Carriers with more than 1,000 trucks saw a 12% increase in unsafe driving violations after ELD enforcement began
“We find that the ELD mandate unequivocally enhanced HOS compliance,” the researchers write. “However, the ELD mandate did not noticeably improve safety, and we are able to produce no statistically significant evidence that ELD adoption by the smaller firms corresponded to any reduction in accident rates.”
The Biden Administration and a Democrat-controlled Congress have the opportunity to reshape trucking regulations this year. Looking at what the Obama and Trump administrations left unfinished can show a potential roadmap to changes on the horizon.
Josh Fisher
From driver classification laws to hours of service changes to safety technologies and insurance minimums, the Biden administration and Democrat-controlled Congress have the potential to reshape trucking regulations over the next few years.
With the slimmest majority possible in the U.S. Senate and just a 10-vote advantage in the House, there could be pressure on the Democrats to push through new regulations and revisit Obama-era changes that the Trump Administration put off or canceled. The Biden Administration has already put a hold on some late-2020 trucking proposals’ by Trump’s DOT — including a pilot program to look at allowing drivers to pause their on-duty driving period.
Other Democrat-led ideas, such as increasing the minimum insurance for trucking companies, could get rolled into an infrastructure bill that Democrats expect to push for this spring.
Based on interviews with industry experts and past coverage of the FMCSA and DOT, FleetOwner has highlighted 10 pending or potential changes to the trucking industry worth keeping an eye on in 2021.
Driver classification laws: On hold
The Trump administration’s Department of Labor-proposed rule that aimed to clarify the difference between an employee and an independent contractor under the Fair Labor Standards Act has been put on hold by the Biden administration. Democrats have argued that this law would make it easier for employers to classify workers, such as truck drivers, as contractors to avoid paying benefits and employment taxes.
Insurance liability increase: Likely
The minimum insurance requirement for heavy-duty vehicles hauling non-hazardous freight stands at $750,000. In 2020, the U.S. House’s $494 billion highway bill included an amendment that would increase the insurance minimum to $2 million. With Democrats in control of Congress and the White House, expect this proposal to be part of any future infrastructure bill and $2 million could be the floor — not the ceiling — of proposed requirements.
Speed limiters: Likely
The Trump administration shelved the Obama administration’s proposal to require speed limiters on large trucks. Democrats pushed for this to be part of the 2020 infrastructure bill that passed the House. This is expected to be part of the 2021 proposal or return as a proposed rule from Biden’s DOT.
Automatic emergency braking: Likely
During the Obama administration, passenger vehicle manufacturers agreed to include automatic emergency braking (AEB) on all new cars and light trucks by 2022. AEB could be mandated for new medium- and heavy-duty trucks as part of an infrastructure bill out of Congress or by the DOT.
Sleep apnea screening: Likely
Another Obama-era rule proposal eschewed by Trump’s DOT would require obese drivers to be screened for sleep apnea, which some studies have shown affect about a third of commercial drivers. In the old proposal, drivers with a body mass index of 40 or higher would be flagged for screening and others with a BMI of 33 or higher could be subject to screening if they meet other criteria. Expect this to be a Biden-era priority.
Trailer underride side guards: Possible
Expect the new DOT to take a serious look at strengthening rear-underride guards for trailers and considering adding a requirement for guards on the sides of trailers. The trucking industry and safety advocacy groups have been at odds over underride guards for years. Bipartisan legislation to add the requirements was last proposed in 2019 and saw pushback from trucking groups that said it would cost the industry billions of dollars. This could be part of an infrastructure bill or the Federal Motor Carrier Safety Administration (FMCSA) could propose a rule.
2020 HOS changes: Here to stay, but…
The new hours of service (HOS) rules that went into effect in September 2020 are likely to stick around in some form. The significant HOS changes expanded the short-haul exception to 150 air miles and a 14-hour work shift; expanded the adverse driving conditions exception by up to two hours; redefined the 30-minute break requirement; and modified the sleeper berth exception to allow a driver to combine at least seven hours in the sleeper with off-duty time. In December, Congress directed FMCSA to analyze how the new rules impact highway safety compared to the old rules. Scopelitis Transportation Consulting (STC) anticipates the Biden Administration to want even more analysis. David J. Osiecki, president of STC, told FleetOwner that he doesn’t expect rolling back the 2020 rules to be high on the new DOT’s priority list.
Pause the HOS clock pilot: On hold
A proposal that didn’t make it into last year’s new HOS rules, which would allow drivers to pause their on-duty driving period with one off-duty period up to three hours, was introduced late in the summer. FMCSA proposed a pilot program to study the proposal. That is among the midnight regulations put on hold by the new administration.
Under-21 interstate drivers pilot: On hold
The American Trucking Associations-backed pilot program to evaluate allowing commercial drivers younger than 21 years old to operate CMVs in interstate commerce is back under review since Biden was sworn in. Younger commercial drivers are currently allowed to work in intrastate operations. It now appears their opportunity to join the interstate commerce workforce will have to wait as the pilot program is reviewed.
CSA: Expect refinement
The Trump administration tried to put its stamp on the Compliance, Safety, Accountability (CSA) scoring system but did not get a rule published in time. FMCSA worked with the National Academy of Sciences to look at some statistical challenges within that system and recommended the Item Response Theory in 2017 as an alternative to the CSA Safety Measurement System scoring method. Expect the new DOT to continue to look at refining CSA, which has now entered its second decade — and third presidential administration. Changes could come in an infrastructure bill, or FMCSA could look at other ways to refine the program.
