ROADCHECK 2009, June 2-4

http://www.cvsa.org/programs/roadcheck_brochure.pdf

For motor carriers, driver and vehicle safety is a constant concern. Getting the job done - whether it's shuttling children to school, hauling a load of potatoes from Idaho or delivering oil to a residence - requires a great deal of attention to detail and a strong commitment to safety.

Annual safety blitzes, such as Roadcheck, shine the national spotlight on the issue of Commercial Motor Vehicle safety. Each year during the 72-hour event inspectors inspect tens of thousands of vehicles and hand out countless citations and out-of-service orders. It makes good fodder for the evening news.

Roadcheck 2009 will take place at thousands of locations across North America from June 2-4. Yes, a driver's chances of being selected for a roadside inspection during these three days in June are much greater than usual. However, each time a driver hops into a commercial motor vehicle there's a chance for a roadside inspection. The best strategy for a successful inspection outcome and the safety of the driver and the general public is to always be prepared for your next roadside inspection

FMCSA's 2008 Inspection Data

In 2008, 3.3 million roadside inspections were conducted in the United States, according to the most recent report for the Federal Motor Carrier Safety Administration (FMCSA). Nearly 2.3 million, or 68.61%, resulted in at least one violation.

Last year the driver, vehicle and hazmat out-of-service rates remained fairly steady at 6.4%, 22.38% and 5.01% respectively. Inspectors issue out-of-service orders when they discover a driver or vehicle defect so severe that it must be corrected before the driver can continue operating. Examples of citations that frequently result in out-of-service orders include hours-of-service and CDL violations as well as brake-related defects.

Mistakes, whether your own or the blunders of others, tend to be excellent teachers. Here's a review of last year's top driver, vehicle and hazmat violations to help drivers prepare for Roadcheck 2009 or any impromptu meeting with an inspector.

Top Five Driver Violations

In 2008, there were 3.1 million inspections involving drivers and driver documentation. Nearly 37% of those review resulted in at least one violation. At the top of the 2008 driver violation list were:

Local Laws (24.77%)

• Size and Weight (12.83%)
• Log Violation (9.32%)
• Driver's Record of Duty Status Not Current (8.86%)
• Speeding (8.32%)

Top Five Vehicle Violations

There were more than 2.2 million vehicle inspections last year. 66% of them resulted in one or more violation. The top five vehicle violations for 2008 were:

• Inoperable Required Lamp (10.03%)
• No/Defective Lighting Devices (7.06%)
• Failing to Retain Inspection/Maintenance Records (5.84%)
• Brake Hose/Tubing Chaffing and/or Kinking (5.07%)
• Tire Tread Depth Less Than 2/32" (4.43%)

Top Five Hazmat Violations

Last year's 192,516 hazmat inspections resulted in a violation rate of almost 17%. At the top of the violation list were:

• Placard Damage, Deteriorated or Obscured (8.68%)
• No Copy of Certificate of Registration or Registration Number on Vehicle (7.58%)
• Failing to Secure Hazmat Container Against Movement in Transit (6.75%)
• Failing to Placard Vehicle as Required (6.14%)
• Failing to Provide Carrier Required Placards (4.94%)

FMCSA TIGHTENS NEW ENTRANT SAFETY RULES

New entrants will have to survive a more rigorous test of their safety fitness under new rules issued by the Federal Motor Carrier Safety Administration. The regulations, to be published in the Dec. 16 Federal Register, identify 16 violations that FMCSA deems to be essential elements of basic safety management controls necessary to operate in interstate commerce. Failure to comply with any one of those 16 regulations results in an automatic failure of the new entrant safety audit, which is supposed to occur within the first 18 months of a new entrant’s operation.

The rule takes effect in 60 days -- well into the Obama administration. If the incoming regime does not like the new rule for any reason, it can basically invalidate it. Had the rule taken effect before President-elect Barack Obama’s inauguration on Jan. 20 -- as is the case with the final hours-of-service regulation -- the new administration would face a more cumbersome process for undoing the regulations. It’s not clear, however, that the Obama administration will have any problem with the new entrant regulation.

The new regulations also will require that new entrants correct certain deficiencies found in roadside inspections on an expedited basis. FMCSA also will check compliance with the Americans with Disabilities Act and certain household goods-related requirements in the new entrant safety audit, if applicable. Failure to comply with these requirements won’t affect the outcome of the safety audit, but the agency will take action to improve compliance.

FMCSA also has improved its educational and technical assistance (ETA) materials to ensure applicants understand applicable federal motor carrier safety standards. And the agency is eliminating the safety certification application for a USDOT number (Form MCS-150A), saying it is not effective for establishing a carrier‘s knowledge of safety requirements.

Among the 16 “sudden death” violations, 14 would lead to failure of an audit based on a single occurrence. Two regulations -- failing to require a driver to make a record of duty status, and using a commercial motor vehicle not periodically inspected -- require a threshold of 51 percent or more of examined records to trigger automatic failure. The agency said use of thresholds responded to complaints that a single occurrence standard would unfairly discriminate against larger new entrants.

The 16 violations FMCSA has determined should result in automatic failure of the audit are:

1. Failing to implement an alcohol and/or controlled substances testing program.
   
2. Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.
   
3. Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382.
   
4. Using a driver known to have tested positive for a controlled substance.
   
5. Failing to implement a random controlled substances and/or alcohol testing program.
   
6. Knowingly using a driver who does not possess a valid CDL.
   
7. Knowingly allowing, requiring, permitting or authorizing an employee with a commercial driver’s license that is suspended, revoked or canceled by a state or who is disqualified to operate a commercial motor vehicle (CMV).
   
8. Knowingly allowing, requiring, permitting or authorizing a driver to drive who is disqualified to drive a CMV. (This violation refers to a driver operating a CMV as defined under § 383.5.)
   
9. Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
   
10. Operating a passenger-carrying vehicle without having in effect the required minimum levels of financial responsibility.
    
11. Knowingly using a disqualified driver.
    
12. Knowingly using a physically unqualified driver. (This violation refers to a driver operating a CMV as defined under § 390.5.)
    
13. Failing to require a driver to make a record of duty status.
    
14. Requiring or permitting the operation of a CMV declared ‘‘out-of-service’’ before repairs are made.
    
15. Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.
    
16. Using a CMV not periodically inspected.

Intermodal equipment providers (IEPs) will be responsible for establishing systematic inspection, repair and maintenance programs to ensure the safe operating condition of each intermodal chassis under a final rule to be published by the Federal Motor Carrier Safety Administration in Wednesday’s Federal Register.

The new rule, which is slated to take effect in six months, also would require IEPs to register with FMCSA and file an Intermodal Equipment Provider Identification Report (Form MCS-150C). In addition, IEPs will be required to maintain documentation of their maintenance program and provide a means to effectively respond to driver and motor carrier reports about intermodal chassis mechanical defects and deficiencies. IEPs will have to mark each intermodal chassis offered for transportation in interstate commerce with a U.S. Department of Transportation identification number.

Under the rule, IEPs have a year from the rule’s publication in the Federal Register to establish inspection, repair and maintenance programs; set up recordkeeping systems; and submit Form MCS-150C. They would have another year to mark all their intermodal chassis with USDOT identification numbers.

The regulations – mandated by the 2005 highway act – respond to complaints from the trucking industry that carriers shouldered the full regulatory burden for ensuring the “roadability” of equipment they generally didn’t own or even control except during the transportation between ports/rail yards and shippers and receivers. The regulation for the first time makes IEPs subject to the federal motor carrier safety regulations and establishes shared safety responsibility among IEPs, carriers and drivers. FMCSA said the rule should result in improved maintenance, fewer chassis being placed out of service and fewer breakdowns involving intermodal chassis.

Under the rule, states that already regulate inspection of intermodal chassis may ask the Department of Transportation to waive federal preemption of those regulations. DOT may grant those waivers if it finds that the state requirement is as effective as the federal requirement and that it does not unduly burden interstate commerce.

The final rule on intermodal equipment roadability nearly completes the Bush administration’s rulemaking efforts concerning motor carriers. The only other FMCSA rulemaking still pending at the White House is a final rule regarding electronic onboard recorders. FMCSA hopes to publish the EOBR rule before President-elect Barack Obama is sworn in on Jan. 20. But since the effective date of either rule would be well beyond that date, it would be up to the Obama administration to decide whether to follow through with them.