As reported in Transport Topics magazine, a recent survey from the American Transportation Research Institute says that of the 4,555 U.S. truck drivers surveyed, the majority were misinformed when it comes to the Federal Motor Carrier Safety Administration's (FMCSA’s) new Compliance Safety Accountability (CSA) enforcement program. 

According to the driver survey:

- 87% falsely believed that traffic tickets/convictions are part of FMCSA's Safety Measurement System (SMS) calculations. The data kept by a state (i.e. tickets, citations, written warnings, convictions) and the data that are kept in the SMS (i.e. violations from RI and crash reports) are separate.

- 78% of drivers incorrectly believed that a trucking company inherits past violations from new hires. Carriers do not inherit any of a newly hired driver's past violations; only those inspections that a driver receives while driving under a carrier's authority can be applied to a carrier's SMS record.

- 72% falsely believed that FMCSA can revoke a commercial driver's license (CDL) as a result of the program. CSA does not give FMCSA the authority to remove drivers from their jobs and cannot be used to rate drivers or to revoke a CDL; only state agencies responsible for issuing licenses, CDL or otherwise, have the authority to suspend them.

- 68.6% of drivers falsely believed that CSA takes into account a driver's personal vehicle driving record. Tickets or warnings that Commercial Motor Vehicle (CMV) drivers receive while operating their personal vehicles do not count in the SMS.

- 58.5% of drivers falsely believed that the federal motor carrier safety regulations have changed as a result of CSA. CSA has not changed any of FMCSA's regulations, although FMCSA is advocating for a future rule change to alter the carrier safety rating process for determining whether or not a carrier is unfit.

In addition, there are seven SMS BASIC categories, some which are publicly available and some that are not. The survey found that 99% could not correctly identify which five BASIC scores could be found publicly. The seven are: Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related (Not Publicly Available), and Crash Indicator (Not Publicly Available).

Additionally, 98% of those surveyed did not know that FMCSA enforcement staff are the only group of people who can access official driver scores.

For a full explanation of CSA regulations, go here: http://www.csa2010.com/articles/FAQs_CSA_2010.htm 

Congress passed and President Obama signed into law the Federal Aviation Administration and Highway Extensions Act in September 2011, which will continue current funding levels that would have expired in another six months.

This is the latest in a series of short-term extensions that have been passed since the 2009 expiration of the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” highway legislation. Trucking industry organizations such as the American Association of State Highway and Transportation Officials (AASHTO) continue to push congress for multi-year legislation. “States cannot make long-term plans without short-term extensions. We need multi-year legislation,” says AASHTO.

The decade-long effort to reform the truck driver hours of service (HOS) rules will continue well into this year. The Federal Motor Carrier Safety Administration is still trying to come up with a revised set of final rules that satisfy all parties involved. The public has been invited to scrutinize the latest HOS proposal and a final decision from the FMCSA (with all public comment taken into consideration) is due by the end of July.

In 2000, the administration proposed the first major changes to the hours of service rules since 1937. Since then, revisions to that initial proposal have been the target of frequent lawsuits by safety activists. Proponents of the proposal are complaining that the FMCSA needs to address more concerns about driver health, the 11-hour limit on driving time and the 34-hour restart, all of which they believe negatively impacts large truck safety.

Those opposed to further restricting driving time believe that there is no evidence to suggest that the current regulations have harmed safety, and point to steadily declining injury and fatality rates in large truck-related crashes as evidence that the current restrictions are sufficient. Many in the industry say they don’t want a revision that restricts their ability to operate successfully. Some estimates fear likely changes to hours of service regulations could affect productivity by up to 6%, which means an extra 150,000 trucks and drivers would be needed to move the same amount of freight currently hauled.

These new rules will dictate safety requirements and set key operational limits for the entire industry. It is a fine line: too many rules might affect a trucker’s ability to operate profitably, but a lack of rules could negatively impact public safety.

The debate goes on and TQL will watch it every step of the way so we will be prepared to support our valued carriers. To read the full HOS proposal, click here.

In 2010, the Federal Motor Carrier Safety Administration (FMCSA) banned truck drivers from texting while driving. This new rule was the beginning of a larger attempt to address many other distractions in the cab.

The FMCSA has already taken the next step in this process, proposing a rule that would restrict the use of hand-held cell phones while driving. The rule is expected to be formally published shortly, and the FMCSA hopes to pass into law after the required public comment and revision periods.

Both of these rules arise out of the FMCSA’s wide-ranging research into safety concerns created by the proliferation of electronic devices in cabs. The FMCSA has received advice from the Motor Carrier Safety Advisory Committee—representing carriers and enforcement personnel —as well as labor and safety advocacy officials suggesting that regulators look to consider ways to limit distracted driving in large trucks.

This proposal will prove challenging for regulators and the industry alike. All parties acknowledge that electronic devices can be distracting and dangerous but carriers are adamant that the rule needs to take justifiable business communication needs into consideration.

By many accounts, it appears that the economy is bouncing back. This is good news for the trucking industry. As consumer spending rises, so does the need for trucks to transport the goods needed to replenish inventories. At the same time, this need opens the door for new companies to enter the freight brokerage industry.

When a carrier accepts a load from a broker, it’s with the understanding that the broker will pay them upon receipt of the carriers’ bills of lading. There are some brokers, however, who collect payment from the shipper and never pay the carrier. In other instances, the broker is not paid by the shipper at all and ends up filing for bankruptcy. The broker willingly pays the low fees associated with filing for bankruptcy or takes the hit of losing its surety bond instead of fulfilling its financial obligations. In the end, the carrier loses out.

Currently, there are very few requirements or government regulations that exist in the freight brokerage industry. The carrier has few opportunities to pursue any legal action as a way to recover its losses. However, in mid-June, two senators from Main and Minnesota introduced “The Motor Carrier Protection Act” to address this issue.

The bill is designed to protect small trucking companies and owner-operators from fraudulent freight brokers by adding new regulations to the industry. As outlined in a recent article by Transport Topics, if passed, the bill would:

• Increase the broker surety bond to $100,000 from $10,000 and apply the requirements to freight forwarders.
• Establish stricter requirements for companies seeking broker or forwarder authority and stiffer penalties for those who violate the regulations.
• Require that brokers or forwarders renew their authority annually.
• Clarify that carriers who arrange freight for another carrier for compensation must have the appropriate broker authority and surety bond, in addition to their motor carrier operating authority.

Total Quality Logistics wants our carrier network to know, in general, we support any action that makes it more difficult for criminals to cause harm in our industry. We too have been the victim of many scams in the past and understand how carriers feel. We value the drivers we work with and pledge to continue using the lessons we’ve learned to protect you in the future.

More importantly, we want to reassure our carrier network of TQL’s financial stability and commitment. We already have a $100,000 surety bond. We do not automatically change our payment terms in the event we are not paid by the shipper. And, we have earned the highest credit ratings possible from Dun & Bradstreet, Blue Book, Red Book and the Transportation Intermediaries Association.

Finally, because we realize that you don’t work with TQL on every load you or your drivers haul, we want to remind you of a few important ways you can protect yourself and your company when working with other brokers.