Tag Archive for: FMCSA

FMCSA Hours of Service changes are taking effect on September 29, 2020. We will be speaking with the president of Scopelitis Trucking and Consulting, David Osiecki, to review what the HOS changes mean for your drivers.

If you are not familiar with the new HOS regulatory changes, a thorough explanation has been provided below. Join us for our upcoming webinar to learn how these changes will impact your fleet.

September 17, 2020 @ 10:30 am CST

Regulatory Changes


Pages 8-9 of the final ruling state the changes will include:

  • – The 30-minute Break
  • – Introducing the 7/3 Split
  • – Adverse Driving Conditions Exception
  • – The Short-haul Exception.

The 30-Minute Break


Drivers are still required to take a 30-minute break after 8 consecutive hours on duty. Previously, the break was only valid if the driver was in an off-duty status. (off-duty or sleeper berth). Now, the break is valid during on-duty functions if you are not driving.

Drivers can now legally take a 30-minute DOT break while:

  • – Watching Safety Training Videos
  • – Waiting in line at the shipper/receiver
  • – Fueling or waiting in line at the fuel pump
  • – Co-driver sitting in the passenger seat
  • – Filling out paperwork
  • – Loading/Unloading/Lumping

Just switch your status to On Duty – Not Driving.

The New 7/3 Split


The 8/2 split rule is just as complicated as it is helpful. This new HOS ruling expands a driver’s resting options. In addition to the typical 10-hour break or 8/2 split, the FMCSA is introducing the 7/3 split.

The new 7/3 split rule works the same as the 8/2 split. It takes some drivers years to master the concept.

With the new rule, the driver can go into the sleeper berth for a full 7 hours. When he wakes up, he can use all the on-duty time that was leftover from before his break.

After completing his on-duty functions, he must go back into an off-duty status for at least 3 hours to complete his 10-hour break.

CONFUSING, RIGHT?

In essence, a split will pause the 14-hour on-duty window. When he comes back on duty, he will only have the leftovers from before his 7-hour break. So, if he drove 8 out of 11 hours, after the 7-hour break he can drive the remaining 3 hours.

When he comes out of the sleeper, the 14 starts running again. Since he was on-duty for 8 hours before the 7-hour break, his 3 hours of drive time must be used before his total 14 runs out. He would have 6 hours on duty to get in 3 hours of driving.

Adverse Driving Conditions Exception


Under this exception, two extra drive hours are available to drivers who encounter irregular and unforeseen circumstances that may have slowed your travel. This exception can now be applied to passenger-carrying CMVs.

ADVERSE DRIVING CONDITIONS EXAMPLES:

– Sinkhole or downed powerline that causes a delay

– Traffic accident that shuts down traffic

– Sudden tornado, snow, fog, etc. that was not in the forecast.

If you qualify for this exception, you can now drive up to 13 hours as long as you do it within your 14-hour window. Keep in mind, it does not take away your 30-minute break or extend your 14.

This exception does not extend your 60 or 70-hour clock. If you only have 4 hours left on your DOT clock, you will only be allowed to drive out those 4 hours plus the additional 2 hours.

Drivers must follow up with a full 10-hour break. You are not allowed to split rest hours after taking advantage of this exemption.

NOT QUALIFIED EXAMPLES:

– Adverse weather you knew about or could have discovered by trip planning

– Traffic jams during normal rush hour times

– Snowstorm in the winter in North Dakota

– Loading and Unloading delays

The DOT strongly recommends you log that you were taking advantage of 395.1 Adverse Driving Conditions Exception.

Short-haul Rules


Previously, drivers using the short-haul exemption, staying within an air radius of 100 miles, could not be on duty for more than 12 hours. Short-haul drivers within a 150-mile radius cannot drive beyond the 14 or 16th on-duty hour (depending on the number of days on duty).

This revision extends the radius from 100 to 150 air-miles for all short-haul drivers. It extends the maximum duty period allowed from 12 hours to 14 hours.

Special Offer!


For future IWS clients, we want to get you started for free. Click here for your 30-day Complimentary Trial. No Obligation. No Risk. Simple Communication.

By the way, you can reach me at Lindsay.Presley@verticalag.com with any comments, questions, or hilarious jokes about life on the road.

Thanks for sticking with me. Drive safe out there!

  • Lindsay Presley
  • Former Fleet Manager, now Industry Marketer
  • Infinit-I Workforce Solutions

For More Information:


Top 6 Trucking Industry Updates for Safety Directors – Q4 2020

Drastically Reduce Detention Pay with New HOS Regulation – Split Duty Proposal

“It’s More than Rain.” Three Tractors Overturned, My Driver Made the Right Call

My Best Friend, the Trucker: How We Transformed the Dispatcher & Driver Relationship

This week’s webinar hosted two trucking experts discussing upcoming industry updates. We are prepped and ready to share all the information you need to protect your fleet. Huge thanks to Mike McConnell of TSM trucking for sharing information directly from the 2020 Safety Management Council Policy Conference. This article explains the top 6 industry changes discussed at the conference.

FMCSA Clearinghouse Results


A clearinghouse is an information hub. It is a source that collects and stores information for a set of users. In a project that has taken years to come to fruition, the federal government has is using this structure for the convenience of trucking companies and CDL holders alike.

The FMCSA Drug and Alcohol Clearinghouse is a secure online database that contains records of violations of FMCSA drug and alcohol testing programs. Available information includes:

  • – Positive drug or alcohol test results
  • – Altered drug or alcohol test results
  • – Drug or alcohol test refusals
  • – Return to duty status
  • – Follow up testing plan
  • – SAP process completion date

FMCSA released a report in May of 2020 which relayed the results of DOT positive drug and alcohol tests. According to the report, marijuana usage is the most prevalent among those tested. The prevalence of positive marijuana tests is 3.25x that of the next frequent drug: cocaine.

Hair Follicle Testing


Hair follicles hold drug chemical traces much longer than bodily fluids. Testing hair follicles for drug usage gives you a more widespread picture of whether a candidate has used drugs in recent months.

In the interest of lowering CSA scores and insurance premiums, many trucking companies are making procedural changes. One of which includes switching from the traditional urine drug test to the more accurate and detailed hair follicle test.

A urine drug screen may only return accurate results if a controlled substance was used within the previous 2-3 days. This means that a driver could lay off the marijuana for a couple of days, pass a drug test, and then light up again.

Hair follicle tests, however, have a much longer range. These types of drug screens can accurately report any drug use from the previous 90 days.

A truck driver’s sobriety is not only about their own safety, but the safety of everyone on the roadways, on loading docks, and at the terminal.  Studies show that around 8 percent of truck drivers who pass a urine test would fail a hair follicle test if the specimen was given at the same time.

Federal Marijuana Decriminalization Proposal


On September 21, 2020, the House will be voting on a proposed bill to decriminalize marijuana use on a federal level. If passed, marijuana possession and usage will no longer be classified as a felony.

Trucking industry leaders are highly concerned about this bill. If marijuana is no longer a controlled substance, it will no longer be included in DOT drug panel tests.

Predictions state this bill will pass in the House, which is democrat led. The bill will then move to a Senate vote. It is doubtful that the bill will achieve final approval, as republicans typically vote in opposition to relaxing marijuana laws.

“In the midst of an increase in opioid addiction deaths during the coronavirus pandemic, it seems strange that the focus of House majority leadership would be to fully legalize marijuana, a known gateway drug to opioid addiction,” Rep. Andy Harris, R-Md.

Mandatory Brake Assist and Speed Limiters


Another House bill is calling for mandatory brake assist and speed limiters (governors) on all commercial motor vehicles. The purpose of this bill is to increase safe driving through automation technology that has been on the market for years.

Brake assistance works by equipping the tractor with sensors and software that read the movements of the tractor and make corrections, even before a driver can react. The software can detect if a tractor is approaching a vehicle too quickly and slow the truck to a stop, even if the driver does not engage the brakes.

Entry-Level Driver Training Changes


Trucking schools will soon be required to register with the FMCSA. The accreditation process begins with an application and is basically a compliance review. An accreditation designation ensures that trucking school has been heavily scrutinized by the board. Accreditation includes:

  • Curriculum requirements
  • Compliance with federal, state, and local laws
  • Proper safety procedures
  • Equipment operation

Insurance Coverage Increases


Congress has proposed changes that could be terminally detrimental to some trucking companies. As you all know, we are now required to carry $1 million minimum coverage. The new proposal would require an increase to $2 million.

Industry experts argue, doubling the amount of coverage is excessive. Rising insurance costs have been an issue for years within the industry. These costs have caused some smaller companies to close their doors, solely because they couldn’t afford to keep insurance.

To avoid closure, some trucking companies have resorted to raising their deductible to control the costs of the premium. This practice puts pressure on their fleets to perform to the top of their abilities. Think about how many loads your company would have to haul to make up for a $2 million SIR deductible.

“Insurance coverage, premiums, and renewals are a top industry concern for our carriers. Increasing the minimum to $2 million only compounds the issue.” – Mark Rhea, Trucking Industry Consultant

More about Infinit-I Workforce Solutions


IWS is the trusted learning management system for over 1,300 companies across the nation. Most of our business comes from referrals. New clients typically come to us because another client or partner couldn’t stop talking about Infinit-I.

Current clients who use our mobile safety training have received tremendous benefits. Successfully reducing:

  • – Accidents by 18%
  • – Violations by 80% — WOW!
  • – Training costs by 50%

We are very proud to provide that level of benefit through our service. But our crowning achievement: We save over 1,000 lives each year. This number includes truck drivers, bus drivers, students, and passengers on the road.

We save over 1,000 lives each year.

Currently, we are offering a 30-day complimentary trial of the IWS system. You will receive full access to the entire platform:

  • – The complete training library
  • – Fleetwide communication
  • – Your Own Client Success Representative

 

Every single feature that current Infinit-I clients take advantage of is now yours for 30 days. We have content that addresses the top 10 areas that inspectors will be looking for during International Roadcheck. From Hours of service, to seatbelt usage, to ELDs. We can assign all these and more to your drivers in no time.

Next Week’s Webinar


Next week, we have a big webinar on Hours of Service regulation changes that will take effect at the end of September. We will be speaking with the president of Scopelitis Trucking and Consulting, David Osiecki, to review what the HOS changes mean for your drivers. Click here to sign up, registration is free. See you there!

About the Author


Lindsay Presley is the copywriter at Infinit-I Workforce Solutions. Specializing in the trucking industry, Lindsay has spent her professional career studying industry best practices. From recruiter to dispatcher to fleet manager to trainer, Lindsay knows the in’s and out’s of trucking. 

She brings her experience to the Infinit-I Workforce Solutions blog through years of front-line experience. Throughout her career, she states the most rewarding experience was supporting her favorite truckers, running miles, and moving freight.

Lindsay.Presley@verticalag.com

Additional Information


Safety Managers’ Relief; The Drug and Alcohol Clearinghouse

CSA Score Reduction, How to Challenge FMCSA Crash Rulings

FMCSA is Changing HOS… Again! 4 New HOS Rules.

My Best Friend, the Trucker: How We Transformed the Dispatcher & Driver Relationship

Client Success Team

One of the biggest expenses a trucking company experiences is onboarding new drivers. Studies show that each new driver costs approximately $10,000 to recruit, onboard, and train. Retention becomes a huge factor in cutting costs.

Dan Baker’s Cultural Relationship Program teaches that improving the relationship between management, operations, and drivers creates a positive company culture that is the key to success.

A foolproof way to create a more loyal fleet is to encourage the cultural relationship between dispatchers and truck drivers. Both should understand how the other operates and be able to maintain open communication.

Money-making truck drivers love being dispatched on those loads that require you to travel 2,000 miles in 4 days. Loads with more miles ensure more money for the truck driver and their employer.

That is not always the case, however. Sometimes, there are no good loads to dispatch.

In the case of bad freight, look for other ways to improve efficiency. Use these tips from logistics leadership to maximize your most valuable resource, your drivers.

Average Trucker Pay

In 2019, the average pay for truck drivers was roughly $58,000, up from $52,000 in 2017. Truck drivers make about $10,000 more than the average earner. But everyone likes to earn extra money, right?

Creating an environment where your drivers will not only be successful, but will also thrive, will encourage loyalty and long-term retention. Infinit-I Workforce Solutions offers numerous training courses that will allow continual education of any size fleet.

Encourage Drivers Maximize Hours

Some truck drivers fully enjoy the rush of running the highways, maxing out their hours every day. Those drivers typically make the most money.

Some drivers prefer to take extended breaks, mosey around truck stops, sleep late, etc. All the time they spend idle is money lost for that driver and your company.

Make sure they understand the basics concepts of hours of service and set the expectation with this training course:

Infinit-I Workforce Solutions Training CatalogPage 21 – CSA Hours of Service Basics

Interpreting the BOL

One of the worst things a trucking company can experience is OS&D. Overage, Shortage, & Damaged – This occurs when the freight amount is incorrect or damaged and the receiver will not accept the shipment.

While your company probably has insurance to protect you from losses, these claims take time. An OS&D incident can stop a truck for several days while a claim is being sorted. When you make money per loaded mile, an idle truck can cost your company a lot of money.

Make sure your drivers know how to read a BOL for every type of load they haul. As soon as they are loaded, they should have a thorough understanding of the shippers/receiver’s expectations and condition the load should arrive in.

This type of proactive training can save money and prevent loss of miles and revenue.

Trip Planning

Most truck drivers know the importance of trip planning, but some may not be able to execute a trip plan properly. Sharing these tips with your drivers will start a conversation about improvement.

  • Get to the destination city as quickly and safely as possible. It is always a good idea for a driver to put more miles on the front end of a trip. It is better for a truck driver to knock out 90% of the trip on pickup day than have too many miles left on delivery day.
  • If your receiver doesn’t penalize you for early loads, encourage drivers to check in early. Chances are, they will take your freight before the actual appointment, allowing your driver to move on to another load.
  • Avoid dispatching loads with too much time on them. It is always better to have a driver rolling than getting paid for sitting still.
  • You drivers should always check the entire route for big cities, business loops, high traffic areas, construction, and weather as soon as they are dispatched. They must be able to identify areas that may require a reroute. Encourage them to communicate those concerns with operations.
  • Eventually, the FMCSA’s HOS changes will allow drivers to take their 30-minute break while on duty. When in effect, drivers will be able to take their 30-minute break while fueling or being loaded/unloaded. Emphasis the importance of restful breaks, however. This is a tool to help drivers utilize their time more efficiently, not drive fatigued.

On-Time Delivery

Some truck drivers don’t understand the consequences of late delivery until its too late. Most receivers will consider late drivers a ‘work-in.’

Depending on their volume, that driver could be sitting for hours or even days waiting on an opening. This not only creates a loss of miles for the driver but also constitutes a loss in revenue for your company and compromises your reputation with that shipper and receiver.

Avoid Obstacles

Booking loads with unpaid deadhead can cost your company thousands of dollars of it happens too often. You should always negotiate empty miles with your customer. If not, look for backhaul loads. You may even reach out to brokerages to make up for the loss of revenue.

When booking loads, always check to confirm your driver will have enough time to deliver on time. Be aware of the distance of the trip, the route conditions, and the number of hours available to avoid a repower. Sending another driver to relay a load will only cost every person involved time and money.

Most importantly, encourage their safety. Drivers should be made aware that they don’t have to drive excessive speeds to make more money. The best way to improve your fleet’s performance is communication and continuing education.

Contact Infinit-I Workforce Solutions to find out how we can enhance your safety culture, improve your drivers’ behaviors, and save you money. Ask about your Complimentary 30-Day Trial!

It’s been difficult to adjust to all the changes released by the FMCSA lately. The trucking industry would never have predicted the DOT to relax hours of service regulations. And yet, here we are. Scrambling to research, read, and absorb all the legal jargon thrown our way.

A docket for the outline of the final ruling has been released. Revised HOS regulations will become effective 120 days after publication in the federal register. The actual date has not been released.

 What are the changes?

Pages 8-9 of the final ruling state the changes will include: The 30-minute Break, Introducing the 7/3 Split, Adverse Driving Conditions Exception, and the Short-haul Exception.

 

The 30-minute Break

Drivers are still required to take a 30-minute break after 8 consecutive hours on duty. Previously, the break was only valid if the driver was in an off-duty status. (off-duty or sleeper berth). Now, the break is valid during on-duty functions as long as you are not driving.

Drivers can now legally take a 30-minute DOT break while:

  • – Waiting in line at the shipper/receiver
  • – Fueling or waiting in line at the fuel pump
  • – Co-driver sitting in the passenger seat
  • – Filling out paperwork
  • – Loading/Unloading/Lumping

Just switch your status to On Duty – Not Driving.

Introducing the 7/3 Split

The 8/2 split rule is just as complicated as it is helpful. This new HOS ruling expands a driver’s resting options. In addition to the typical 10-hour break or 8/2 split, the FMCSA is introducing the 7/3 split.

The new 7/3 split rule works the same as the 8/2 split. It takes some drivers years to master the concept. Here is a simplified overview:

Truck drivers can be on duty for 14 hours a shift. Only 11 hours of that can be drive time.  Once they have reached 11 hours of driving or 14 hours since their day started (whichever comes first), they must go off duty for at least 10 hours.

Every driver should know this rule by heart. And most stick to this schedule day in and day out.

But what happens if your delivery time is outside your 14-hour window?

Let’s say a driver starts his shift at 10 am. It is 14 hours until midnight. If he drives 11 hours before midnight, he must stop for 10 hours.

But what if his delivery is scheduled for 2 am? He will be on break; he won’t be able to deliver on time. Unless he uses the new 7/3 split.

So, our driver begins his shift at 10 am, drives a total of 8 hours and arrives at his destination city at 6 pm. That’s too early to deliver but he does not have time to take a full 10-hour break.

With the new rule, the driver must go into the sleeper berth for a full 7 hours. When he wakes up, he can use all the on-duty time that was left over from before his break.

After completing his on-duty functions, he must go back into an off-duty status for at least 3 hours to complete his 10-hour break.

Confusing, right?

In essence, a split will pause the 14-hour on-duty window. When he comes back on duty, he will only have the leftovers from before his 7-hour break. So, if he drove 8 out of 11 hours, after the 7-hour break he can drive the remaining 3 hours.

When he comes out of the sleeper, the 14 starts running again. Since he was on-duty for 8 hours before the 7-hour break, his 3 hours of drive time must be used before his total 14 runs out. He would have 6 hours on duty to get in 3 hours of driving.

After 7 hours in the sleeper:
14 Total – 8 On-duty = 6 On-duty hours left at stop.
11 Drive – 8 drive = 3 Drive hours left at stop.
Must go back off duty for at least 3 hours to complete the break.

 

Modified Adverse Driving Conditions Exception

Under this exception, two extra drive hours are available to drivers who encounter irregular and unforeseen circumstances that may have slowed your travel. This exception can now be applied to passenger-carrying CMVs.

Adverse Driving Conditions Examples:
  • – Sinkhole or downed powerline that causes a delay
  • – Traffic accident that shuts down traffic
  • – Sudden tornado, snow, fog, etc. that was not in the forecast.

If you qualify for this exception, you can now drive up to 13 hours as long as you do it within your 14-hour window. Keep in mind, it does not take away your 30-minute break or extend your 14.

This exception does not extend your 60 or 70-hour clock. If you only have 4 hours left on your DOT clock, you will only be allowed to drive out those 4 hours plus the additional 2 hours.

Drivers must follow up with a full 10-hour break. You are not allowed to split rest hours after taking advantage of this exemption.

Not qualified examples:
  • – Adverse weather you knew about or could have discovered by trip planning
  • – Traffic jams during normal rush hour times
  • – Snowstorm in the winter in North Dakota
  • – Loading and Unloading delays

The DOT strongly recommends you log that you were taking advantage of 395.1 Adverse Driving Conditions Exception.

 

Short-haul Rules

Previously, drivers using the short-haul exemption, staying within an air radius of 100 miles, could not be on duty for more than 12 hours. Short-haul drivers within a 150-mile radius cannot drive beyond the 14 or 16th on-duty hour (depending on the number of days on duty).

This revision extends the radius from 100 to 150 air-miles for all short-haul drivers. It extends the maximum duty period allowed from 12 hours to 14 hours.

 

 

More helpful information:

8 Ways Truckers Relieve Stress During the Pandemic

Clearing Up Relaxed HOS Regulations: How Does It Affect You?

Trucking Safety In a Time of Pandemic

Preplanning During a National Pandemic

CSA Score Reduction, How to Challenge FMCSA Crash Rulings

The Rundown:

Compliance, Safety, Accountability. Professional drivers and trucking companies know this acronym all too well. The CSA program was designed to rank professional drivers based on their performance and safe driving.

If a driver is involved in an accident, they are awarded CSA points. The amount of CSA points given are based on the severity of the infraction.

Although the points are based on the driver’s actions, the score actually belongs to the carrier. Carriers are then ranked into a percentile based on their number of CSA points.

Each professional driver has their own Pre-Employment Screening Program record (PSP) that contains information about crashes and roadside inspections. Incidents and inspection ‘dings’ assign points to a driver.

A driver with more CSA points is usually a bigger risk as a new hire and will affect the carriers CSA percentile ranking.

How You Rank:

CSA points are calculated based on the following 7 categories:

Unsafe Driving, Crash Indicator, HOS Compliance, Vehicle Maintenance, Controlled Substances/Alcohol, Hazardous Materials Compliance, Driver Fitness

 Previously, the FMCSA would list accidents on a carriers’ public safety CSA reports without stating whether the driver was at fault.

The drivers PSP would not show if the accident/incident was preventable or non-preventable, just that it happened.

The FMCSA has announced changes to the calculation process in the crash indicator category after receiving feedback from industry professionals.

The new Crash Preventability Determination Program (CPDP) allows crashes that took place on or after August 5, 2019 to be submitted for reconsideration.

The points will be removed and the crash results will be amended if the crash meets certain criteria.

What is the CPDP?

The new Crash Preventability Determination Program guidelines will benefit drivers and motor carriers alike.

Here’s what it does:

  • Expand the types of eligible crashes – Several new crash types have been added, see the full expanded list below.
  • Modify the Safety Measurement System – Crashes that have already been recorded can now be re-evaluated under the new regulations.
  • Exclude points from crashes that were non-preventable – The list of crash types has been expanded. See below for a detailed list.
  • Note the non-preventable determination in the PSP – The FMCSA keep a record of accidents and incidents for every CDL driver. This report is used by recruiters/safety to make hiring decisions. Now, points from eligible crashes can be reconsidered/removed from the report.

The New Crash Types

Crashes are eligible for reconsideration of they occurred on or after August 5, 2019. Carriers are encouraged to review crashes in that timeline and resubmit if they fall into one of the following categories:

  • Struck in the rear – CMV was struck in the rear or on the side at the rear.
  • Wrong Direction or Illegal Turn – CMV struck by a motorist going the wrong way or vehicle making a U-turn or illegal turn.
  • Parked legally stopped – CMV was struck while obeying a traffic control device (stop sign, red light, yield sign). CMV was struck while legally parked, even if unattended.
  • Failure of the other vehicle to stop – Struck by a vehicle that failed to stop or slow down in traffic. Struck by a vehicle that failed to stop at a traffic control device.
  • Under the influence – CMV involved in a crash where the at-fault party was under the influence (intoxicated)
  • Medical issues, falling asleep, or distracted driving – CMV stuck by an individual whose medical issue contributed to the crash (heart attack, stroke, etc. while driving). Or struck by driver who admittedly fell asleep or was distracted (cell phone, GPS, passengers, etc.)
  • Cargo/Equipment/Debris or Infrastructure Failure – CMV struck by cargo, equipment, or debris (rocks, fallen tree, items in the road.) Or failures in the highway infrastructure (ex. bridge collapse)
  • Animal Strike – CMV strikes an animal causing a crash.
  • Suicide – CMV struck an individual attempting to commit suicide.
  • Rare or Unusual – Crash doesn’t fit into another crash type

The Best Part? FMCSA is listening.

 “We’ve listened to carriers, drivers, and other commercial motor vehicle stakeholders throughout each step of this process, and strongly encourage all interested parties to submit comments on our proposed changes.”

– Raymond P. Marinez, FMCSA Administrator

Motor carriers’ CSA Safety Measurement Score will now reflect a more accurate view of their driver’s safety performance and behavior.

Drivers will no longer be penalized for accidents that were not their fault.  

The FMCSA decided to amend the previous rule after a recent review cycle. After reviewing the eligible crashes, approximately 93% of crash rulings were overturned.

The CSA points from crashes now determined non-preventable were recorded and removed from the carriers’ CSA profile within 60 days of the determination.

Want to challenge a crash?

Submit a Request for Data Review (RDR). Crashes will be reviewed and categorized into 1 of 8 sections. All crashes now considered non-preventable will be properly displayed on the driver’s PSP and CSA points will be removed from their carrier.

Professional drivers and motor carriers can apply for crash review. Just make sure the crash in question is one of the eligible, non-preventable types from the list above.

  • 1. Login to the DataQs website and simply add a request.
  • 2. Fax or Upload necessary documents
  • 3. Monitor the status of the request
  • 4. View SMS/PSP changes and final ruling

Applicants must be sure to submit enough evidence to have the decision overturned.

The request must contain a police report, either submitted by carrier or driver. The request will be considered ‘not-eligible’ without an official police accident report.

Drug and alcohol tests are required for accidents which involved a fatality. If testing did not occur at the time of the test, the applicant must submit documentation explaining the reason.

Make sure to include as much evidence as possible so the review board can make a fair determination.

Include dashcam videos, pictures of the accident, and any court documents you may have.

Keep in mind:

There are 3 reasons why the DataQ system might close out your request automatically.

When applying for a new determination, make sure to include these three things:

  • – The crash took place on or after August 1, 2019
  • – The crash fits into one of the eligible categories
  • – Use the correct crash report number

If you were assigned CSA points in an accident that was non-preventable, make sure to submit the accident for reconsideration. The FMSCA has amended its procedure to ensure a more accurate reflection of a motor carrier’s safe behaviors.

For further research, see the FMCSA’s official release.

Don’t forget these must-read articles:

HOW TO NAVIGATE THE DATAQ SYSTEM

SAFETY MANAGERS’ RELIEF; THE DRUG AND ALCOHOL CLEARINGHOUSE

SPEEDING TICKETS JUMP DRASTICALLY DURING COVID-19

LOGISTICS LAYOFFS; HOW THE INDUSTRY IS SHIFTING

LOGISTICS – LEGAL TROUBLE AFTER COVID-19

IMPROVE CSA SCORES BY 17-50%

Looking Ahead with Industry Experts:

FAST FORWARD WEBINAR SERIES

Safety Managers' Relief; The Drug and Alcohol Clearinghouse

The logistics industry is littered with chatter about the FMCSA’s new drug and alcohol clearinghouse. These new federal regulations change the way trucking companies and CDL holders report data. But what exactly is a clearinghouse?

A clearinghouse is an information hub. It is a source that collects and stores information for a set of users. In a project that has taken years to come to fruition, the federal government has is using this structure for the convenience of trucking companies and CDL holders alike.

What is the Drug and Alcohol Clearinghouse?

The new Clearinghouse is a secure online database that contains records of violations of FMCSA drug and alcohol testing programs. Available information includes:

  • Positive drug or alcohol test results
  • Altered drug or alcohol test results
  • Drug or alcohol test refusals
  • Return to duty status
  • Follow up testing plan
  • SAP process completion date

The information in the database is not available to the general public, so don’t worry about your private information being released. Only select registered users can access the clearinghouse including employers, medical review officers, substance abuse professionals, and CDL holders.

Who is required to use the Clearinghouse?

Anyone who holds a Commercial Driver’s License or a Commercial Learner’s Permit can use the clearinghouse to access their records. Employers of CDL/CLP holders who operate motor vehicles can use the information to expedite their hiring process.

Drivers will have access to their own information in the Clearinghouse. There is no charge to view their electronic record. They will be able to view their drug and alcohol program violation information and the status of their return-to-duty process.

Medical Review Officers will use the database to report information gathered during DOT physicals and drug or alcohol tests. MROs must report to the clearinghouse database within two days of a failed or refused drug test.

Substance Abuse Professionals are required to report when a CDL/CLP holder is registered in a SAP program and information about a CDL holder’s return to duty activities. They also must identify the dates regarding SAP assessments, completion, and eligibility to RTD.

Use this flow chart to determine your role.

 How will I use the Clearinghouse?

  • REGISTER – Every user must register to use the clearinghouse. Make sure you determine your user role before registration. Your options are Driver, Employer/CTPA, or SAPs/MROs.
  • CONSENT – After registration, drivers must consent to having their records pulled by employers.  * Drivers are not required to register for the Clearinghouse, records will be filed under their CDL number if they do not have an account. Drivers must be registered to respond to electronic consent requests from prospective and current employees.
  • QUERY – Employers will search the database to determine if the driver’s clearinghouse record contains information about drug and alcohol program violations.
  • SAFETY – Improve road safety by preventing CMV related fatalities and injuries. Documents and readily available records will allow employers to make informed hiring decisions. Drivers with a drug/alcohol history might find it more difficult to find a job.

How does the clearinghouse improve roadway safety?

The Drug and Alcohol Clearinghouse provides employers with access to drug and alcohol violation information in real-time. It is a one-stop shop, making it easier to conduct pre-employment investigations and set qualifications.

The clearinghouse will also make it harder for drivers to conceal violations that normally might slip through the cracks. Access to the information provides more insight into a driver’s background and helps ensure employee compliance.

The database is a vital online tool to identify CMV drivers who have refused or failed drug tests.  It will also identify those who have failed to complete a Return to Duty substance abuse program.

Stay Informed

Browse the website, read FAQs, and subscribe for email updates after you register for the clearinghouse.

Affected Sectors

The new Clearinghouse will impact all CDL holders who operate commercial motor vehicles.

  • Interstate and intrastate motor carriers
  • Passenger carriers
  • School bus drivers
  • Construction equipment operators
  • Limousine drivers
  • Municipal vehicle drivers (e.g. waste management vehicles)
  • Anyone subject to FMCSA drug and alcohol tests

Effective Dates

As of January 6, 2020, employers will now be required to report all drug and alcohol violations to the Clearinghouse. This online database will be used as a tool to conduct inquiries about CDL holders, check RTD status, and eligibility to operate a CMV.

The information stored in the Clearinghouse is relevant to incidences occurring after January 6, 2020. If a violation occurred before that date, it will not be displayed in the Clearinghouse. It is important for safety officers to keep that date in mind throughout the recruiting process.

Drivers do not have to be registered to the clearinghouse for a violation to be attached to them. Clearinghouse records will be associated with their CDL number.

All drivers can choose how they want to be notified of changes to their records. They are given the option of mail or email notifications at the time of registration. Drivers will receive a notification any time information is added, removed, or updated.

How do I consent?

Employers are required to gain consent, written or electronically, from all drivers in order to pull their records. They will then use the Clearinghouse to investigate all CDL/CLP drivers annually and for pre-employment purposes.

Owner Operators will follow a slightly different procedure. They must contact the Clearinghouse to designate an administrator to update their records since they are self-employed.

This streamlined process will create a more transparent view of the driver’s drug/alcohol history. More visibility leads to easier recruiting processes for most companies. And drivers gain the advantage of being able to see firsthand what is on their records instead of relying on word of mouth from safety departments and recruiters.

For more information or to register, go to https://clearinghouse.fmcsa.dot.gov/

 

What you may have missed:

Speeding Tickets Jump Drastically during COVID-19

Logistics Layoffs; How the Industry is Shifting

Logistics – Legal Trouble after COVID-19

Trucking Safety in a Time of Pandemic

Exclusive Coronavirus Information for Truckers

 

 

A Speeding ticket is more than just a Fine.

If you asked 100 truck drivers what their dream highway looked like, you would likely get the same answer across the board: Decreased commuter traffic.

Many truck drivers have gotten their wish as commuters have been encouraged to shelter in place and work from home during the coronavirus pandemic. Complying with social distancing rules may have cleared up traffic, but free and open highways give truck drivers little wiggle room.

How does speeding affect your CDL

A moving violation can have a severe impact on your driving record. The consequences vary in severity depending on how often and what kind of ticket you get.

Speed limits are not included in the FMSCA waivers issued in the emergency declarations. Drivers hauling emergency goods will still be assigned CSA points if they are caught speeding.

A truck driver’s safety record is measured by a federal regulatory point system called CSA (Compliance, Safety, Accountability). Infractions are based on a point system; The worse the violation, the more points are given to the driver. A driver that has been issued more violations will have a higher CSA score.

For example, a driver who is given a ticket for 6-10 mph over the speed limit will also receive 4 CSA points. If a driver is caught speeding 11-14 mph over, 7 CSA points will be assigned. And for drivers clocking in at 15+ mph or in a construction zone, 10 points will be tacked on to their CSA score.

Speeding tickets can even affect your license when you are off duty. Multiple citations in a personal vehicle can lead to suspension or revocation of a CDL.

Trucking companies who utilize safety monitoring systems have a duty to reprimand drivers even if no ticket was issued. Reckless driving, even without a citation, means you are putting your life, your career, and the safety of others at risk.

More speeding tickets

Reports in California show that even though traffic volume has decreased 35%, citations for excessive speed have skyrocketed at an alarming rate.

Empty highways created a false sense of security, not only for truck drivers, for four-wheelers too. It seems safer to drive at excessive speeds when there is less congestion.

 “Higher speeds can lead to much more serious injuries and significantly increase the chance of death should a crash occur.” – CHP Commissioner Warren Stanly

With everything a truck driver has to lose, why do they do it?

The Heat is On for Truck Drivers

For most truck drivers, getting paid by the mile means the more you move, the more you make. Drivers who cover more ground in a given week bring home extra money. A per-mile rate of pay is incentive enough for some drivers to put the pedal to the metal.

On top of that, truck drivers build their reputations on whether they can pick up and deliver on time. A driver can plan a trip down with plenty of time to spare, but one traffic jam or work zone can throw the whole thing off-kilter.

The pressure is especially intense during the pandemic. Truck drivers focus on delivering basic needs to consumers as quickly as possible.

For a truck driver, a speeding ticket is not just an inconvenience or a fine. It could mean losing their job or even their license. Multiple traffic violations make it more difficult for truckers to find work.

A clean driving record is a hiring requirement for reputable trucking companies. A driver with heavy boots will be at a disadvantage if they find themselves back in the job market. Keep these things in mind every time you hit the road:

  • – Always comply with traffic laws.
  • – Keep an eye open for speed changes.
  • Be alert in work zones.
  • – Plan your trips with extra time.
  • – Slow down for curves.
  • – Anticipate downgrades.

As the economy regains equilibrium, so will the roadways. Civilians will begin commuting back and forth to work, to church, shopping, etc. Remember, the rules of the road do not disappear and reappear with the flow of traffic. Always keep your safety and the safety of others on the top of your mind.

 

National Work Zone Awareness Week (NWZAW)

NWZAW is a nationwide effort between state DOTs, road safety organizations, government agencies and private companies like Infinit-I Workforce Solutions. Its purpose is to bring safety to the forefront of your mind, especially when you encounter work zones.

Why is it important?

Everyone has experienced driving down the highway on a beautiful spring morning, trying to make the best of your commute. The air is crisp, the sun is shining. You turn up the radio as you watch the trees dance in the wind. You were so distracted by the passing landscape that you didn’t notice flashing lights warning of construction ahead.

And BOOM! Stop and go traffic.

The heavier the vehicle, the longer it takes to stop. Hopefully you became aware of the situation before rear ending the stopped car in front of you. And hopefully you didn’t lock up your breaks trying to avoid a collision.

A scenario like this is the reason National Work Zone Awareness week has become so significant. Accidents can happen in an instant, without warning. And some have found themselves staring at a busted windshield and deployed airbag before they ever even knew what was happening.

It is easy to become complacent when you travel the same route often. Muscle memory takes over and our brains filter out details of little significance. You might even find yourself at your destination with no recollection of getting there.

Sometimes, however, a new work zone can pop up overnight.  Some might reroute traffic and close lanes, making the roads we often travel unfamiliar. The annual campaign takes place in early spring, when road construction activities are at their highest. The goal is to make all drivers aware of the need for elevated caution in areas of road work.

Who does it affect?

The answer is simple. It affects every single person on the roadway: Professional drivers, commuters, motorcyclists, pedestrians, construction workers.

Construction workers?  Absolutely. Road workers put themselves in harm’s way performing necessary road work. They are especially vulnerable to work zone crashes because they do not have the protection of a vehicle.

How are truckers impacted?

Always pay close attention to speed limit changes. A traffic violation in a construction zone will have a huge impact on your CSA score. It is one of the most severe infractions. Not only will your traffic fine be doubled (in most states), speeding will also earn you 10 CSA points.

The likelihood of a trucker being involved in a fatal crash is higher than most civilian drivers simply because of the amount of time they spend behind the wheel. In 2018, 34% of fatal work zone related crashes involved the death of a professional driver.

How often do you perform these common causes of work zone accidents?

  • – Improper following distance
  • – Distraction or inattention
  • – Failure to use “lean and look” method when merging
  • – Excessive speed
  • – Ignoring blind spots

Safe drivers always make it a habit to be aware of their surroundings, especially in work zones. Traffic patterns can change instantly. Cars and trucks speed up and slow down with the flow of others. Commuters tend to become impatient and can begin driving erratically.

“Confusion, frustration, merging/distracted four-wheelers, speed limit changes, narrow lanes, and hundreds of attorneys hoping you make a mistake. Work zones are dangerous, it’s that simple.”

-Mark Rhea, President Lisa Motor Lines

In 2017, there were 18,000 work zone crashes that involved a tractor trailer. These resulted in about 4,000 serious injuries. About 25% of those injuries involved a pedestrian or construction worker.

Always treat work zones as if there are workers present. Just because you don’t immediately see them, doesn’t mean they aren’t there. Keep these best practices in mind every time you take off:

  • – Slow down and use the right lane when possible.
  • – Use hazard lights so the traffic behind you knows there is a slowdown ahead.
  • – Be careful of bottlenecks, drivers tend to cut in line at the last second.
  • – Focus – Keep your eyes on the road but be aware of peripheral action.
  • – Do not become distracted by phones or ELDs. It can wait!
  • – Pre-plan so you are familiar with your route.
  • – Perform a thorough Pre-trip inspection, ensure your tractor trailer is safe to operate.
  • – Expect the unexpected – always.

For more best practices from the DOT, click here.

How can I participate?

  • – Start the conversation with truck drivers, construction workers, and dispatchers you know. National Work Zone Awareness Week intends to spread awareness across the nation. Learn more at NWZAW.org.
  • – Wear orange on Wednesday, April 22, 2020. It acts as a visible reminder and shows support for families who have lost loved ones in work zone crashes.
  • – Slow down. Delivering your freight intact is just as important as delivering on time. No load is worth your life or the lives of others.
  • – Refresh yourself on your safety training. In the event of an accident, always follow your company’s accident protocol.

Remember, we are all in this together. Sharing the road means sharing the responsibility of each other’s safety.

Professional truck drivers rejoice, especially the seasoned ones, as the news spreads about Hours of Service (HOS) Rules being lifted temporarily. There may be some misconceptions, however, about just how widespread the effect of the relief is 

According to the emergency declaration, the effort is geared only toward those drivers who are hauling supplies that will directly assist relief. The relaxed regulations would not apply to a driver hauling non-essential goods, like cosmetics or paint. 

Qualified loads might include: 

  • Medicine or medical supplies 
  • Fuel 
  • Cleaning Supplies 
  • Food for emergency restocking 
  • Livestock (a precursor to food)  
  • Other qualified loads (See the US DOT website for a comprehensive list) 

If a driver has a load of both qualified items and non-qualified items, he does not have to comply with normal HOS regulations as long as the load is mostly emergency items. For multi-stop loads, if a driver delivers all his qualified emergency items and his next deliveries do not qualify, he will be regulated by regular HOS rules.  

Truck drivers currently have to comply with complicated rules regarding how many hours they can drive in a day and in a week. Under this relief effort, there is no such thing as a “fresh clock.” According to FMCSA, drivers do not have to abide by an 11 or 14-hour clock, nor are their 60/70 clocks in effect. When the relief effort is over, drivers will not have to endure a 34-hour break to reset. Simply go back to normal.  

Many may question how their ELDs will allow them to drive so many hours without throwing alerts to their safety departments. DOT recommends you switch your clock to personal conveyance (off-duty driving). When normal conditions return, drivers will automatically acquire a fresh 60/70 clock (given they were on personal conveyance a consecutive 34 hours).  When fatigued, a driver should immediately inform their employer to receive a standard 10-hour break.  

Eventually, the pandemic will die off and normal regulations resume. Until then, truck drivers will keep America on their feet, as they often do, by working tirelessly to supply consumers with commodities often taken for granted. Remember to thank a truck driver, their hard work and dedication keeps this country rolling!  #ThankATrucker

Checklist for FMCSA Compliance

Where do your drivers miss the mark most? Do you have a checklist?

Actually, you do. It’s called the pre- and post-trip inspection checklist.

What drivers catch or miss in daily inspection directly impacts your business, to the tune of tens of thousands to millions of dollars a year, with big-budget items like fuel economy, lawsuits, and your reputation with shipping clients. Read more