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BREAKING: 34-Hour Restart Rule Suspended

Excerpted from the Texas Trucking Association

TXTA Logo

The Unified Voice of Texas Trucking

December 17, 2014

34-Hour Restart suspension effective immediately

Late last night, President Barack Obama signed the $1.1 trillion spending bill passed by Congress that includes language to suspend the current 34-hour restart provision of the hours-of-service rule.

Obama’s signature means—effective immediately—the industry will return to the restart provision in place prior to the July 2013 changes; allowing a driver to take as many restarts as he or she chooses during a work week and does not require that a restart include two consecutive 1 a.m. to 5 a.m. time periods.

The Federal Motor Carrier Safety Administration (FMCSA) is expected to prepare a notice for the Federal Register that will explain ramifications of Obama’s action with respect to commercial vehicle enforcement.

The Texas trucking industry and TXTA thank Congress, particularly Sen. Susan Collins (R-Maine), for the commonsense fix to these two unjustified provisions of the current hours-of-service restart rules in this year’s omnibus spending bill.

Thank you, also, to TXTA members for your help notifying our Congressional delegation. Your involvement made a difference and our voice has been heard!

Texas Trucking Association | 700 East 11th Street Austin, TX 78701 | (800) 727-7135

Detroit Assurance: Collision Mitigation, Assisted Braking, Better MPG

Excerpted from Truckinginfo.com

MIAMI — Detroit Assurance, Daimler Trucks North America’s new active vehicle safety suite, made its real-world debut on Friday. The company hosted a ride-and-drive event in Miami after first announcing the system last month during the American Trucking Association’s October Management Conference in San Diego.

The Detroit Assurance suite includes Active Brake Assist for collision mitigation and Adaptive Cruise Control to maintain a safe following distance from the vehicle ahead. Customers also have the option of adding a lane departure warning system.

The functionality is not new to North America. Several third-party systems are already widely deployed and some are available on DTNA Class 8 trucks. However, Brad Williamson, manager of Powertrain Marketing for DTNA, claims the level on integration capable with its proprietary system goes beyond what an add-on system can deliver.

“The vendor systems we offer work well and perform well, but we think the deep integration offered with Detroit Assurance takes functionality and performance to a new level,” he explained. “Similar systems have been in place in Mercedes Benz cars for better than two decades, and on Daimler trucks in Europe for more than 10 years. But all the software, all the logic and all the algorithms with this system are proprietary to DTNA.”

The system uses radar pulses to detect metallic objects ahead of the truck. It can track up to 40 objects up to 660 feet away, DTNA says, while the Video Radar Decision Unit refreshes its speed, distance, and time calculations 200 times per second. Data from these two sources feed the Active Brake Assist and the Adaptive Cruise Control functions. The optional windshield-mounted camera supplies information to the lane departure warning.

Active Braking Assist

The ABA system will intervene under two conditions:

1. if it determines a collision is likely, and
2. to slow the truck if a pre-set following distance is compromised.

Depending on the degree of urgency, the system may simply throttle back and reduce vehicle speed to compensate for the narrower following distance, in which case the driver may not even notice the intervention. Or under more dire circumstances, the system will apply up to 100% of the trucks service brake capacity in order to slow the vehicle and mitigate the possible damage arising from a collision.

The driver gets a three-tiered alert sequence beginning with an audio and visual warning that the system has detected a potential conflict. The system will mute the radio (if it’s on) and sound a buzzer while displaying “Collision Warning” on the integrated dash-mounted driver information display.

Should that fail to get the driver to initiate braking, the ABA system will partially apply the engine brake and service brakes to warn the driver to respond. The next step sees the ABA take command, using the transmission, engine brake and service brakes to slow the truck safely.

Depending on the dynamics of the situation, this sequence could take place over a few seconds span of time, to almost instantly. If the driver responds in a timely manner or the situation that caused the alert is disappears, the warning and braking sequence stops immediately.

Adaptive Cruise Control

When the driver has the ACC set to a certain speed, the truck will maintain that speed under normal conditions. The factory default following distance is set to 3.5 seconds, but an optional headway switch allows the driver to adjust the following distance anywhere from 2.3 seconds to 3.5 seconds in one-third second increments. ACC is active anytime the cruise control is engaged and active.

ACC uses the radar and the camera system to detect metallic objects ahead of the truck and will adjust the vehicle speed in order to maintain the preset following distance. For example, while cruising at 65 mph, if the truck comes up on a vehicle moving at 55 mph, the system will de-throttle the engine to reduce speed in order to maintain the preset gap. In cases where the speed delta is small and the distance between is good, the driver may not even notice the deceleration. In a more urgent situation, the system would engage the engine brake and possibly even the service brakes to slow the truck.

In situations where a vehicle cuts in front of the truck well inside of the preset following distance but is accelerating, nothing happens. If that vehicle slows, the response from Detroit Assurance can be quite dramatic. 728

ABA and ACC Together

While the two systems function independently, together they provide a measure of safety as well as driver convenience and even fuel efficient operation.

Because the system maintains a set following distance, the truck will follow a leading vehicle at any speed at a safe distance. The net effect is the vehicle in front will set the speed for the truck as well. The real benefit to this is driver convenience and fuel economy.

“It’s hard to take full advantage of cruise control in dense traffic because the variation in speed,” said Williamson. “With Detroit Assurance you can probably drive 400 miles without ever having to touch the brake or the accelerator. The less braking and accelerating you do, the better the fuel economy.”

Scott Kuebler, general manager of Component Sales at DTNA, explained that the deep level of integration between Detroit Assurance and the Detroit engine and DT12 transmission results in smoother and more fuel-efficient speed and braking transitions.

“All these products speak ‘Detroit,’ and that really increases to the level of integration possible when the communication takes place on the J1939 data bus,” he said.

Lane Departure Warning

An optional camera system provides lane departure warnings using audio and visual indicators to notify a driver he or she has unintentionally departed the lane. The camera detects reflective paint on the road, and when it detects the truck crossing from the lane, the radio will mute and the driver gets an audible warning inside the cab from the side of the truck where the crossover occurs.

The driver can disable this system with a switch on the dash while driving in conditions that may cause false warnings, such as construction zones and roads with tight curves. The disable feature will remain active for at least 15 minutes or until the truck exceeds 49 mph.

Detroit Assurance is available with Eaton manual transmissions as well, but with limited functionally. Full functionality is available only with Detroit engines and DT12 transmission. It’s available for the Freightliner Cascadia Evolution and Cascadia trucks equipped with Detroit engines,

“If we can mitigate a collision and down scale the severity of the crash, we can save you a lot of money on just one accident,” Williamson said. “There’s absolutely a value proposition there, and that doesn’t include the reduced downtime resulting from a less severe repair job.”

Watch for an upcoming QuickSpin feature on how Detroit Assurance handles itself in traffic. In the meantime, check out this Ultimate Test Drive promo for an upcoming UTD video feature on the system.

Trucking Insurance Proposal Under Review

Excerpted from Truckinginfo.com

A proposal that could eventually lead to higher insurance requirements for trucking companies is close to publication. An advanced notice of the proposal is under review by the White House Office of Management and Budget and can be expected to show up in the Federal Register this year.

Acting under instructions from Congress, the Federal Motor Carrier Safety Administration plans to update insurance requirements that have been in place for almost 30 years.

In 1985 the Department of Transportation (FMCSA did not exist then) set minimums of $750,000 for general freight, $5 million for the most dangerous hazmats and $1 million for other hazmats.

In 2012 Congress considered telling the agency to raise the general freight minimum to $1 million, but it ultimately told the agency to prepare an analysis that could become the basis for a new standard.

In its analysis the agency found that the minimums need to be reevaluated due to increasing medical costs and changing statistical life estimates. It is considering a range of numbers, but one option would be to peg the minimums to the Consumer Price Index.

If that happens, the general freight requirement would jump to $1.6 million, dangerous hazmats would go to $10.8 million and other hazmats would go to $2.2 million.

Transportation interests take varied and conflicting positions on the issue.

The agency asked an advisory panel of carriers, owner-operators, enforcement officials, bus companies and safety advocates for suggestions on how to proceed, and this week the panel came back with a five-page list.

At a meeting Tuesday in Alexandria, Va., the Motor Carrier Safety Advisory Committee said the agency needs more information about the costs of insurance and claims, the impact of insurance costs on small carriers, and the frequency of catastrophic claims.

The agency is focusing on which index the minimum should be pegged to, and how to account for the wide gap between ordinary claims and the rare catastrophic claim.

American Trucking Associations is concerned that a minimum that includes the highest claims would be too expensive.

The Owner-Operator Independent Drivers Association contends that insurance minimums do not correspond to safety.

Advocates for Highway and Auto Safety noted that insurance is not just a way to influence safety behavior – it also determines who pays for injuries.

The agency is a long way from making any changes. It will take comments on this advanced notice and then complete the research it needs to craft a proposal. That proposal will have to go through the same notice-and-comment process before the agency can post a final rule.

Meanwhile, Congress has a bill that would force the agency to stop work on this issue. The bill has not advanced but it is a signal that there is significant opposition to any changes.

Top 20 Vehicle Violations Nationwide

U.S. Based Trucks Only – Fiscal 2013

Excerpted from Avery Vise

FMCSA Proposes National Drug and Alcohol Testing Clearinghouse for Drivers

Excerpted from Truckinginfo.com

UPDATED — The Federal Motor Carrier Safety Administration has announced a proposed rule to establish a drug and alcohol clearinghouse for all national commercial driver’s license holders.

The clearinghouse would help improve roadway safety by making it easier to determine whether a truck or bus driver is prohibited from operating a commercial motor vehicle for failing to comply with federal drug and alcohol regulations, including mandatory testing, according to the agency.

Current federal regulations require employers to conduct mandatory pre-employment screening of a CDL driver’s qualifications based upon his or her driving record. However, there has not been a single federal repository recording positive drug and alcohol tests by CDL holders that employers would be able to search to ensure that the driver is able to perform safety-sensitive duties.

The proposed rule announced would create such a repository and require employers to conduct pre-employment searches for all new CDL drivers and annual searches on current drivers.

“We are leveraging technology to create a one-stop verification point to help companies hire drug and alcohol-free drivers,” said FMCSA Administrator Anne Ferro. “This proposal moves us further down the road toward improving safety for truck and bus companies, commercial drivers and the motoring public everywhere.”

Under the proposed rule, FMCSA-regulated truck and bus companies, Medical Review Officers, Substance Abuse Professionals, and private, third party U.S. DOT drug and alcohol testing laboratories would be required to record information about a driver who:

  • Fails a drug and/or alcohol test,
  • Refuses to submit to a drug and/or alcohol test, and
  • Successfully completes a substance abuse program and is legally qualified to return to duty.

Private, third-party U.S. DOT drug and alcohol testing laboratories also would be required to report summary information annually. This information would be used to help identify companies that do not have a testing program.

To ensure the privacy of drivers involved, each CDL holder would need to provide his or her consent, before an employer could access the clearinghouse.

Drivers who refuse to provide this information could still be employed by the truck or bus company, however, they could not occupy safety-sensitive positions, such as operating a commercial motor vehicle.

Federal safety regulations require that truck and bus companies that employ CDL drivers conduct random drug and alcohol testing programs. Carriers must randomly test 10% of their CDL drivers for alcohol and 50% of their CDL drivers for drugs each year.

In addition to random testing, truck and bus companies are further required to perform drug and alcohol testing on new hires, drivers involved in significant crashes, and whenever a supervisor suspects a driver of using drugs or alcohol while at work.

The proposed rule was directed by Congress in the most recent transportation bill, the Moving Ahead for Progress in the 21st Century Act.

The American Trucking Associations praised the FMCSA for finally issuing the congressionally mandated proposal.

“ATA has been a strong advocate for the creation of this process to help protect motorists since 1999,” said ATA President and CEO Bill Graves. “It is unfortunate that it took so long for the Federal Motor Carrier Safety Administration to act on this common sense safety solution, but we are pleased the agency has finally taken the first step toward creation of this clearinghouse.”

FMCSA Pulls Authority of Carrier in Long-Haul Mexico Program

Excerpted from Truckinginfo.com

The Federal Motor Carrier Safety Administration has revoked the authority of one of 14 Mexico-based trucking companies it approved earlier to run in its long-haul cross-border program.
Sergio Tristan Maldonaldo, doing business as Tristan Transfer, had its provisional operating authority pulled on Jan. 23 after it received a conditional safety rating in December and was ordered to cease all interstate operations in the U.S. An FMCSA spokesperson told The Trucker newspaper FMCSA investigators discovered the company had violated hours of service regulations among several other infractions There have been more than 12,600 crossings into the U.S. by Mexican companies in the current program, with about 60 made by Tristan Transfer.
Nearly three years ago FMCSA announced the beginning of its long-haul cross-border program with Mexico, following a previous one that was started by the agency and later stopped by Congress and President Obama. Both were challenged by the Owner Operator Independent Drivers Association and the Teamsters Union with the current program being upheld by a federal court, following the U.S. Supreme Court last month saying it would not consider a petition to overturn it.

Off-Duty Authorization No Longer Required

Excerpted from regsense.com:

Off-Duty Authorization No Longer Required

Prior to the new hours-of-service rules that went into effect July 1, 2013, DOT Interpretation—§395.2, Question 2, listed four conditions that must be met for a driver of a CMV to record meal and other routine stops as off-duty time. One of those conditions was that, “If the driver has been relieved from duty, the duration of the relief from duty must have been made known to the driver prior to the driver’s departure in written instructions from the employer.”

This guidance, written April 4, 1997, was deemed by the FMCSA to be no longer necessary, as the language is “out-of-date and no longer provides practical assistance to motor carriers attempting to achieve compliance with the new HOS rules.” They also determined the language was overly restrictive and inconsistent with the new hours-of-service rules.

The new revision of regulatory guidance by the FMCSA became effective July 12, 2013. This guidance made it clear that the motor carrier does not have to issue formal instructions, verbal or written, to their drivers with regard to time and locations where rest breaks may be taken to be considered off duty.

The regulatory guidance for §395.2 now states the conditions for a driver to record meal and other routine stops, including a 30-minute rest break as off-duty time provided:

The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.

This allows the driver to stop working and carry out their own personal interests or activities, irrespective of whether the driver has the ability to leave a location, and record this time as off duty.

Court Rules on HOS Cases

Excerpted from CVSA.org

On August 2nd, the US Circuit Court of Appeals for the District of Columbia has issued its rulings on the HOS challenges brought by the American Trucking Associations and the Advocates and Public Citizen. The Court combined the two challenges, which sought to overturn the new HOS rules, albeit, for opposite reasons.

In its ruling, the Court denied both challenges, with one exception – the ruling vacates the 30-minute rest break requirement for short haul truck drivers.

Basically, the rule change requires a 30 minute break after driving for 8 hours. The court decided the rule stands, but it will not apply to short-haul drivers, those that do not go further than a 100 air mile radius.


FMCSA Plans to Drop Driver Inspection Reports if no Defects

Excerpted from truckinginfo.com

Owner Operators: The Federal Motor Carrier Safety Administration plans to ease the regulatory burden on drivers by dropping the requirement that they file inspection reports even when there are no defects in the truck.

Right now, drivers must turn in vehicle inspection reports whether or not the truck has defects.

The agency estimates the industry could save $1.5 billion a year without affecting safety, said Polly Trottenberg, Under Secretary for Policy at the Department of Transportation.

“The savings from each report is modest, but when you consider it provides almost daily savings for millions of drivers it has a large impact,” said Trottenberg in testimony before the House Small Business Committee earlier this month.

The agency plans to publish the proposal in September, as part of the Obama administration’s regulatory reform initiative.

The proposed change follows a similar change the agency adopted last year for a small segment of the industry. In June, at the request of intermodal chassis groups, the agency dropped the report requirement for chassis with no defects.

Because the pending change will affect a much larger group of drivers, the agency decided to seek comments, Trottenberg said.

FMCSA Grants Exemptions to Hearing-Impaired Drivers

The Federal Motor Carrier Safety Administration has granted the first exemptions to rules for interstate commercial drivers when it comes to hearing standards.

Forty individuals received permission to operate commercial vehicles in interstate commerce effective last Friday. It’s good for two years and may be renewed.

The request was made of the agency last May, with comments taken until the end of July. FMCSA received 570 responses.

Several of the applicants had previous experience driving interstate and became unable to pass the required hearing test, while others had been involved in intrastate commerce, were bus drivers, had driven smaller commercial vehicles or were looking to be first-time truckers.

In announcing its decision, the FMCSA said “that granting exemptions for these CMV [commercial motor vehicle] drivers will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions.”

Current FMCSA standards for hearing were adopted more than 40 years ago.

The applicants received assistance from the National Association of the Deaf. The association cited an FMCSA Medical Review Board study from 2008 that examined the relationship between hearing loss and crash risk exclusively among CMV drivers, as well as evidence from studies of the private driver license holder population, saying these studies do not support the contention that individuals with hearing impairment are at an increased risk for a crash.

In addition, the agency reviewed the applicants’ driving records. While it acknowledges there could be potential consequences of a driver being hearing impaired and/or deaf while operating a CMV under some scenarios, FMCSA said it believes the drivers covered by the exemptions do not pose a risk to public safety.

The NAD also maintained that communication in trucking is no longer hampered by hearing loss because drivers increasingly rely on smartphones and other technology to communicate with dispatch. The NAD conducted over 100 hours of interviews with individuals who are deaf and hard of hearing and reports that deaf drivers face fewer distractions behind the wheel.

While most of the comments to the proposal supported granting the exemptions, including the American Trucking Associations, The Advocates for Highway and Auto Safety said it did not believe there was enough study evidence to support granting the exemptions and FMCSA should revise hearing standards rather than granting what it called “ad hoc exemptions.”

By Evan Lockridge, Senior Contributing Editor

Excerpt from truckinginfo.com


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