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GUARDIAN A Publication of the Commercial Vehicle Safety Alliance

Volume 20, Issue 1 1st Quarter 2013

BUS SAFETY IN 2013 Strategies to Keep Passengers Out of Harm’s Way

The Curbside Motorcoach Business Model

Insights Into Driver Behavior

GuaRDIan first Quarter Volume 20, Issue 1


President’s Message ................................................................................1 Executive Director’s Message................................................................2 Letters to the Editor ................................................................................3 Knowledge Matters Insights into Driver Behavior ............................................................6 Study Says Tablets are Bigger Distracted Driving Concern than Cell Phones....................................................................................7 n Cover Story

Bus Safety in 2013: Strategies to Keep Passengers Out of Harm’s Way........................................................................................8 The Curbside Motorcoach Business Model ......................................11 n Government news

Ask the Administrator ............................................................................13 U.S.-Mexico Cross Border Long Haul Trucking Pilot Program ....14 There’s an App for That ........................................................................14 FMCSA’s Commercial Vehicle Information Systems and Networks (CVISN) Program Improves Safety Through National Deployment ........................................................15 FMCSA Border Facilities Update .........................................................16 Better Safety Training with MCSET.....................................................16 Need State Legislative Information?..................................................16 Two Years Later—CSA Continues to Advance Safety ....................17 NTSB Attributes Delayed Braking and Poor Maintenance to a 6-Fatal Grade Crossing Accident ............................................18 FMCSA Announces Regional MCSAP Planning Meetings Beginning in March ............................................................................19 The Legislative & Regulatory Rundown ...........................................20 n Inspector’s Corner

What Being a Grand Champion Means to Me ................................21 n CVSa Committee & Program news

COHMED Conference at-a-Glance ....................................................22 Vehicle Committee Takes Action on Multiple Issues ....................23 New Symposium Addresses Technology Impacts on Driver Field of Vision....................................................................23 2012 Operation Safe Driver Week Results ......................................24 Stern Honored for Contribution to WIPP Transportation Safety ..25 CVSA Staff News ....................................................................................25 n Regional news

New Jersey Says Thank You Post Hurricane Sandy ......................26 North Carolina Conducts Motorcoach Inspection Operation ....27 Tri-State Hazardous Materials Selective Meets Success ..............27 Colorado State Patrol Welcomes the Members of the Colorado Port of Entry ......................................................................28 Colorado State Patrol Congratulates Newest Promotions ..........28 Indiana’s Mobile App for UCR Goes Live ........................................28 Mexico’s SCT Issues Actions to Increase Safety ............................29 NOM-068-SCT-2-2000—Inclusion of Technologies and Verification Improvement ................................................................29 GUARDIAN

GUARDIAN A Publication of the Commercial Vehicle Safety Alliance

NM Motor Transport Police Crack Down on Oil Field Drivers ....29 Out-of-Service Snapshots from the Yukon Territory ....................29 Spring Thaw—A Critical Period for Québec ....................................30 Local Enforcement ..................................................................................31 Regional Rap............................................................................................32 n Safety Innovators

Driver Mentoring Provides a Voice of Reason ................................33 Getting a Good Night’s Sleep ..............................................................35 Is Your Company Ready for the Next Lawsuit? ..............................37 n RaD Inspection news

WIPP’s Role in Risk Reduction Evident in Hurricane Sandy Aftermath ................................................................................39 DOE Report Estimates Removal of Spent Fuel Will Take 11-12 Years....................................................................................39 WIPP Receives 11,000th Shipment ..................................................40 CVSA has New Director for Hazardous Materials Programs ......40 Level VI Classes for 2013......................................................................40 IAEA-Sponsored Group Visits WIPP ...................................................41

GuaRDIan 6303 Ivy Lane • Suite 310 • Greenbelt, MD 20770-6319 Phone: 301-830-6143 • Fax: 301-830-6144 Guardian is published quarterly by the Commercial Vehicle Safety Alliance with support from the Federal Motor Carrier Safety Administration. CVSA and FMCSA are dedicated to government and industry working together to promote commercial vehicle safety on North American highways. CVSa Staff: Stephen A. Keppler, Executive Director • Collin B. Mooney, CAE, Deputy Executive Director • Carlisle Smith, Director, Hazardous Materials Programs • Adrienne Gildea, Director, Policy & Government Affairs • William P. Schaefer, Director, Vehicle Programs • Lisa Claydon, Director, Communications & Marketing • Iris R. Leonard, Manager, Member & Program Services • Edgar M. Martinez, Member Services • Claudia V. McNatt, Manager, Meetings & Events • J. Craig Defibaugh, Controller • Wanica L. Foreman, Administrative Assistant Copyright 2013, CVSA. All rights reserved. No part of this issue may be reproduced without written permission from the publisher. For comments, suggestions or information, please email

Commercial Vehicle Safety alliance



PRESIDENT’S MESSAGE Charting a Course for the future By Major Mark Savage, Colorado State Patrol

As many of you remember when I ran for the office of Secretary-Treasurer, I spoke about preparing the Alliance for the future. It is incumbent upon the leadership at all levels of an organization to not only be able to identify obstacles and challenges, but also to develop a roadmap that clearly defines how the organization will overcome those obstacles. Recently, the CVSA Executive Committee began a strategic planning process that will help define and clarify the future of the Alliance.

and what unique capabilities and resources we possess as an organization. One example of a strength identified by the Executive Committee is the collaborative nature of the Alliance—it is an organization where members can meet and exchange ideas and problem-solve.


In late January at our winter meeting, we completed the first step in the strategic planning process. We started with a reminder and validation of the vision statement of the Alliance: The CVSA will be recognized as the international authority on commercial motor vehicle safety and security.


The vision statement is intended to describe where we see the Alliance in five or more years. As evidenced by this statement, we expect to be the experts or go to people for commercial vehicle safety and security. Next, we took a closer look at our mission statement: To promote commercial motor vehicle safety and security by providing leadership to enforcement, industry and policy-makers. Essentially, a mission statement for an organization should answer who we are, what we do and what we value. Clearly, our mission statement indicates that the organization will lead enforcement, policymakers and industry in promoting commercial vehicle safety and security. Our final step at the meeting was to conduct an analysis of the environment in which we operate from four different perspectives. This process is called a SWOT Analysis:


Strengths—which are internal and generally assist the members of an organization in achieving its mission. We identified our strengths by asking ourselves what we do better than others


Weaknesses—which are also internal, but harmful to achieving the mission of the organization. To answer this question, we asked ourselves these questions: “What do our partners do better than we do and what do others perceive as our weaknesses?” An example of a weakness we identified is the number of responsibilities placed on CVSA staff and their ability to get it all done. Opportunities—which are external to an organization and assist in achieving the mission. To identify opportunities, we identified current trends or conditions that may positively impact the Alliance and discussed what opportunities are available and should be pursued. The Executive Committee identified several opportunities including increased partnership and communication with our associate members. Threats—which are also external to the Alliance and typically harmful in achieving our mission. In this portion of the exercise, we identified those trends or conditions that could negatively impact the Alliance. An example of a threat that was identified included diminished funding—either from grants or cash funds. One significant impact of this threat was a possible decline in attendance at our meetings, particularly from our Canadian membership.

next Steps Through this process, I hope to prioritize our strengths in the form of activities that were previously identified as highly effective, and then use them to take advantage of opportunities and avoid threats. At the same time, I hope to mitigate those weaknesses we identified so they do not become threats or impede strengths or opportunities.

Using the information from the SWOT table as a guide, we will document this process in a revised strategic plan aligned with our strategic direction based on what we learned from our analysis. I also wanted to provide everyone with a brief update on two of my priorities for this year. The first is to improve uniformity and consistency throughout the inspection process. Since our meeting in Portland, we restarted the Data Uniformity Ad-hoc Committee. The group has developed a charter document that identifies several of the committee's responsibilities over the course of the next three years. This document will serve as the roadmap for the committee chair and the subject matter experts assigned to the committee as they accomplish these tasks in collaboration with it's multiple stakeholders. Doug Doncheski from Nebraska has graciously committed to serving as the chair and has a strong support group that will only be growing. Stay tuned for more information regarding this important committee and the critical role it will play for our Alliance moving forward. Finally, one of my priorities is to develop leaders within our Alliance. Sustaining our successes, growing the Alliance and preparing the organization to not only meet and mitigate future challenges requires that we identify and develop those who will replace us. As a result, we must find a way to become more welcoming to those who may be in attendance at our meetings. I believe the easiest way to do this is to encourage participation from those who are new to our conference. For those who are interested in taking on a more active leadership role in the Alliance, there are many opportunities including committee chairs and region leadership. Additionally, this spring we will be taking nominations for the fall election of our newest Secretary-Treasurer. Please consider volunteering or running for these positions so we can sustain the success of the Alliance in the years to come. Again thank you for what you do every day to promote safety and stay safe! n




EXECUTIVE DIRECTOR’S MESSAGE Is Division Running Rampant? By Stephen a. Keppler, CVSA, Executive Director

“I use the word “battle” because I think, unfortunately, in most cases these stories have negative undertones. Sadly, tragedy often gets ratings.” It seems like everything we read any more in newspapers and other print and electronic media, as well as on television, is depicting a constant state of battle among people, organizations and even countries. I think a large part of this is due to the fact that many media types seem to be focused on what is attention-grabbing and how they can create intrigue and generate interest. Everyone is competing for market share and the more people that pay attention, the higher their circulation or ratings and the more advertising revenue they can generate. I use the word “battle” because I think, unfortunately, in most cases these stories have negative undertones. Sadly, tragedy often gets ratings.

This also regrettably tends to be the case in our business. Safety is not sexy until something bad happens. This is the market share that none of us want to have because people are pointing fingers and looking to point blame. It is also during these difficult times that most people retreat into their corners and protect their turf. Sometimes good can come out of bad, but often times decisions are made with respect to laws being enacted or punishments levied that are done to make the problem go away rather than to focus on strategic solutions that can have lasting positive effects. We often see this division particularly acute with our elected leaders. In many instances, we see problems that seem simple to most of us become more complicated because people are trying to control the narrative rather than forging common ground and acknowledging that alternative views and opinions can actually have merit. The view is often taken that if we acquiesce to the opinions of others, we are seen as weak or compromising our principles. It is in these times of division that leadership is crucial. Even though it is any oxymoron, one of the few constants in life is change. It is incumbent on all of us in decision-making positions to be willing to accept change and to embrace it because, like it or not, it is going to happen. Retreating into our corners generally does not bode well for sustainability or for progress. I say all of this because we are the midst of significant change and potential division and we must keep our safety compass focused. We should not be as concerned with controlling



the narrative as we are with affecting positive solutions. Whether we are in government or the private sector, as safety experts our leaders are expecting us to resolve differences, cut through the nonsense and provide them with sound and well-founded recommendations. Many times, this means compromising not on principle, but on the practical. All decisions have trade-offs and we should not feel defeated if we don’t achieve everything we are striving to get. Incremental progress is still progress. We also must try to avoid viewing division as a negative. We need to take the time to understand and acknowledge the perspectives of others. While we may not agree with their viewpoint, we need to factor it in to our decision-making process. Creating an environment of collaboration, transparency and respect helps to foster decisions that are thoughtful and sustainable. So, I ask each of you, is your safety compass focused? I hope so. There are many significant decisions that are hanging in the balance for our community. We need to remain vigilant on the things that matter in our efforts to save lives and not as much on the things that detract from our safety goals. More than ever, CVSA needs our members to be engaged. We need people to step up into leadership roles to help shape our course for the future. No one has all the answers, but it is always better to be in the game than sitting on the sidelines. n


LETTERS TO THE EDITOR “Most drivers do not know the rules well enough to go toe-to-toe with an inspector, and there is the omnipresent concern that challenging an officer is only going to result in more headaches.”

Getting it Right, Most of the Time By Jim Park, Technical and Regulatory Affairs Advisor, Owner-Operator's Business Association of Canada (OBAC)

Consistency in enforcement is Critical in Making CSa Work the Way it Was Intended Like truck drivers, there are good truck cops and there are bad ones. In my experience, there are more of the former than the latter, but it's the second bunch you remember. By bad, I don't mean nasty or miserable, although they are out there, too. I mean there are inspectors who, for whatever reason, interpret various regulations in different ways. Drivers exposed to such inconsistencies cannot hope to remain in compliance, despite their best efforts. It's easy, after the fact, to catalog such events, so there's little point in dredging up horror stories. A quick and informal survey of about a dozen working drivers I know produced the following observations, just as reference. The most commonly reported violations among the group where inconsistency was an apparent factor are related to cargo securement—direct vs. indirect tie-downs, damaged cargo straps, straps outside the rub rail, and blocking and bracing, among others. In the equipment sphere, enforcement of lighting and tire conditions seemed most subject to inconsistency. A “defect” that passes at one scale may not at another. One incident worth mentioning (okay, I have to include at least one horror story) occurred where an inspector had deemed four steel disc wheels on a tractor-trailer combination to be cracked. The carrier had to summon a road service provider to bring four new wheels and mounted tires to the scale to replace the offending wheels before the truck could proceed. It cost thousands of dollars and

several hours. In preparing to bring the case to court, the carrier had the wheels partially sandblasted to reveal the cracked paint and the intact steel wheels. The driver insists that was obvious at roadside. To make matters worse, the scale supervisor sided with the inspector. The carrier prevailed in court, but at no small additional expense. A common complaint I have heard from my dozen or so drivers was that they could not reason with the inspectors making the questionable calls. And, I think that is the crux of the problem. When an inspector is making a judgment call (the North American Standard Out-of-Service Criteria guidebook doesn't leave a lot of room for interpretation), it would seem the inspectors are unwilling to be challenged— even politely. I would argue that some discussion is warranted in certain situations. Perhaps if everyone were singing from the same hymnbook, drivers would be more satisfied with the outcome, even when they are wrong. Most drivers do not know the rules well enough to go toe-to-toe with an inspector, and there is the omnipresent concern that challenging an officer is only going to result in more headaches. If a problem with interpretation can be resolved at roadside, it would save the driver and/or carrier a lot of time and money after the fact. Another concern among drivers is the competency of the inspectors. Whether it's inadequate training, sloppy work habits or just they are just plain ornery, inspectors are wrong some portion of the time. Where's the yardstick by which inspectors are measured? I think it's fair to occasionally question the skill and fairness of the folks who are holding the trucking industry to account. I'd like to see more transparency on this front in the future. That the paralegal business representing truckers flourishes in the U.S. and Canada indicates how often truckers feel obliged to challenge certain citations.

Zero Tolerance Zones There are certain jurisdictions across North America well-known for taking a more hard line approach to enforcement than others. While I understand it's the folks in uniform serving their political masters, I question the good this does in the grand scheme, except to subject some drivers and carriers to a greater threat from exposure and focus than others. Frankly, with CSA (Compliance, Safety, Accountability), a level playing field is more important than ever. The yardstick drivers and carriers are measured against needs to be even to achieve an equitable outcome. If some portion of the driver/carrier population is subject to more stringent enforcement, their chances of accruing a damaging safety profile are correspondingly greater. Does that indicate those drivers pose a greater threat to public safety? I don't think it does. It simply means they are held, geographically, to a higher standard. Consistency in enforcement is critical in making CSA work as intended. However, I'm often reminded to be careful in what I ask for as I just might get it. True consistency would mean an equal application of the law 100 percent of the time. However, as any driver will tell you, they really appreciate little reminders rather than tickets when the violation isn't terribly egregious. I'd hate to see that change. With CSA, and the ease with which an inspector can access carrier records, maybe the proven good and responsible drivers deserve the benefit of the doubt once in a while, while the habitual offenders need the book well and truly thrown at them. It's not hard to tell the difference anymore. n

Jim Park is the technical and regulatory affairs advisor to the Owner-Operator's Business Association of Canada. He is also a former owneroperator and currently a freelance journalist and photographer.




LETTERS TO THE EDITOR If Bus Inspections are a Waste, Why Do We fail So Often? By Dave Millhouser “Get out there…and get hurt” said my coach. I wasn’t very good and the other team had a star who was running all over us. The kicker (pun intended) was that the refs were letting him get away with murder. He was all knees and elbows, with officials either missing or ignoring it. My job was to be clobbered, visibly, in front of a ref, and draw a penalty. Athletes know the rules aren’t what’s written…they’re what the officials are “calling.” My coach wanted to force them to recognize significant bad behavior. We have a similar situation in the motorcoach industry. Many complain that destination and roadside inspections are inconvenient, and contribute little to improving safety. I’m one of those who agree that you can’t “inspect” your way to safety. Since most private bus inspections occur at destinations, some carriers avoid them, leaving the hassle to folks who try to play by the rules. Many operators feel inspectors have a pathological need to find “something” to justify their existence. Recently, a bus executive told a friend that the inspections were “witch hunts.” My friend pointed out that, unfortunately, the inspectors were finding witches. Roadcheck, for example, is an annual event which is well-publicized beforehand. This year, 8.6 percent of the coaches inspected were put out of service. That was down from 12.3 percent in 2007, but would you fly if those statistics prevailed in the airline industry? These are “out-of-service,” not teeny weeny, offenses. The point is that, if we think these things are silly, we need to pass these inspections at a higher rate. Regulators will then look elsewhere for witches. If 8.6 percent of the good guys are failing predictable inspections, imagine what is happening elsewhere. Assuming good operators don’t deliberately dispatch bad buses, then the real solution is better in-house inspections.



In ye olden days, mechanics were under the coaches much more frequently. Chassis’ needed greasing, brakes and clutches were manually adjusted, air tanks bled, engine oil had to be changed more often. While under the bus, technicians looked at other things, and caught problems before they caused road failures. An unforeseen consequence of mechanical improvements seems to be that many coach parts get scrutiny only when they’re exhibiting symptoms. If roadside inspectors can find this stuff, then we can too—before it becomes a problem on the road. When witches can’t be found, the hunting will end. If inspections find few offenses, then perhaps officials’ attention will be re-directed to areas more efficient in preventing accidents. Surely you can think of more, but two leap to mind. Aggressive driving contributes to a huge percentage of accidents, and the only way to control it is to patrol. Law enforcement needs to stop and ticket coach drivers that speed, tailgate or change lanes abruptly. Citing drivers rapidly gets them off the road, since few insurers tolerate more than three tickets in three years. Since speeding has a high correlation with accidents, ticketing drivers can be one of the most effective means of reducing crashes. Admittedly, that’s hard work, and can be inconvenient if a load of passengers is involved (but not much more awkward than putting a coach out of service during an inspection). It’s not as visible as mass inspections, but a whole lot more effective in preventing accidents. In a society that prizes safety above all, is it too much to ask? Second, one of the proven predictors of accidents is bad behavior by drivers. How can management know which drivers are problems if they aren’t ticketed? With modern technology, there is no reason citations issued to commercial drivers can’t be brought to employers’ attention virtually instantly (rather than depending on the driver to inform them), or services that monitor for

tickets. This would offer the opportunity to either train, or discharge, drivers before a tragedy. Society holds the bus operator fiscally responsible for accidents without offering some critical tools for prevention. Currently, we find ourselves in a situation similar to the recent experience of the National Football League. None of the NFL teams was happy with the work of the interim officials. It was not an issue of competitive advantage; the incompetence seemed to be spread evenly. The problem was that the overall quality and credibility of the game was put at risk, and the chances for tragic injuries were increased. The current regime of inspections is what “the officials are calling” and we all are living with it. One way to change it, and point regulators towards more effective ways of improving safety, is to beat them at their own game, and make the inspections irrelevant…by passing them. If we do, we have achieved the moral high ground, and are in a position to insist on more effective enforcement measures. Lest you are wondering, my coach had stumbled onto my singular talent…I was great at getting knocked down. n

Dave Millhouser is a bus industry marketing consultant and freelance writer. His commentary article originally appeared in the November 1, 2012 issue of Bus & Motorcoach News.


Top Three Issues facing Motor Carriers By Sam farruggio, President, Farruggio’s Express Farruggio’s is a family owned and operated motor carrier that was founded in 1920. Today, we operate about 140 trucks per day in the intermodal industry, servicing ramp and piers in the northeast with third and fourth generation Farruggio’s operating the company. I have been with the company 45 years; three years as a driver and the balance inside. I do still drive now and then to see what our drivers face today, and sometimes it saddens me. It is my experience as a driver, and the 92 years that my family has put into this industry, that make me so passionate about its progress and improvement. Here’s my perspective on the top three issues facing our industry. 1. CSa—This should be the top priority to all of us. As it was when I started, safety is always number one. At Farruggio’s, we work very hard to maintain our record to be a safe and dependable operator. You, as a shipper, receiver, freight forwarder or broker, have to make sure you are working with carriers that are doing the job correctly. As in the past, safety does not come free, nor do any of the issues we will talk about. In the trucking industry, we are required to follow the FMCSA rules that give us a number of minimum standards to meet. I believe it is our job to work to achieve above the minimum standards set, which is key to a continuous improvement process. The industry knows that we are all subject to very close scrutiny at any time, so we should all be ready. This is key for all of us…please make sure you check out your carrier, and do not assume someone else has done this for you. The legal system always tries to make us all look like we dropped the ball. So, please go to the FMCSA web site and research the carrier before you use them. Make sure they are operating within the government guidelines. Again, safety is not free. If you select the wrong carrier and something goes wrong, be prepared to defend your choice. Try and do what you feel is prudent for you and your company. Do not take chances. All motor carrier records are available to the public. We are a very transparent industry, so please take time to look and see the credentials of the carriers you are using.

2. Smartways—This is a great way to help all of us improve the environment. There is a big move in this country to go green. This is a tool to help find carriers that have worked hard to meet the clean air mandates. Again, it is not free. The carriers have had to spend many dollars to make the improvements that have helped clean the air that we all breathe. When selecting your carrier, look at this to see if you have done your job to help keep the air clean. You can go to www. to view the carriers and the rating they hold. We believe this list will help you and your carrier become a better team in the transportation industry. 3. financial Reliablity—Examine your partner (motor carrier) from the financial side. Investigate their stability. You want to make sure you are working with someone that has the ability to work through the hard times and be available to you. Make sure they have the best of insurance. Look for the key areas of coverage liability...make sure it covers all autos, not just named autos. Regarding cargo, make sure there are no exceptions, many do not cover high-value loads or have very high deductibles. Make sure your carrier can meet his deductable level. Plus, make sure they carry coverage to protect you if the load is stolen by an employee of the motor carrier. Cargo coverage does not cover this. You need a crime policy. Make sure your carrier has a strong General Liability policy. The reason I am using these three elements is that today’s motor carriers face a lot of regulation in what we all think is an unregulated industry. I feel that the carriers that work to maintain these standards are the best choice as your partners in the freight industry. If we all work together, we can meet the CSA requirements, meet the clean air requirements and we can provide the proper coverage to protect the shipper and the public. What I ask from all of you is to open your doors to the drivers of America, make them feel at home at your location, give them use of your facilities. If we lose the truck driver or the willingness for people to enter the field we could hurt the industry we all have learned to earn our living from. So, again, please welcome drivers. n

Call fOR GuaRDIan SuBMISSIOnS Share your news, ideas, insights and articles on the issues facing the commercial vehicle safety community for the next issue of Guardian! Please submit your content by April 1, 2013. Questions? Please contact Lisa Claydon at or 301-830-6152. let the writing begin!



insigH t

Knowledge Matters Insights into Driver Behavior By Del Lisk, Vice President, DriveCam, Inc.


What Are the Most Common Risky Driving Behaviors?

There has never been more attention focused on reducing traffic collisions in the trucking industry than now. CSA, hours of service changes, EOBR requirements, national training standards and laws on distracted driving are just a few of the initiatives developing from this focus. And it’s understandable because about 35,000 people die due to traffic accidents every year1.

In our study, we found that the most common risky behaviors are largely tied to the fundamental skills we learned when we first started driving.

These efforts are worthy and should have an impact on improving driving safety but at the end of the day, it will come down to each individual driver and what they do or don’t do while behind the wheel. Human error is a factor in up to 90% of the mishaps that happen on our roads and highways each year2. As it is the driver and what they do or don’t do that will ultimately decide their fate, let’s take a look at a video database to better understand what risky actions are occurring. What are the most common risky driving behaviors? Which are most predictive of future collision potential? And, are their certain risky behaviors that suggest a greater potential of a higher severity collision? The information in this article is based on video data collected from January 1, 2010 through December 2011 and includes more than 7,000 drivers, 750 collision events and 400,000 noncollision events. 1

National Safety Council Injury Facts 2012 Edition


Indiana Tri-level Study

Driver Unbelted was the most common risky behavior. The failure to wear a seat belt won’t cause an accident, but it sure can make the consequences more severe. Due to vehicle size, truck drivers often feel they are less vulnerable; it’s the four-wheeler that’s in trouble if there is a crash. Next was Not Looking Far Ahead. Late recognition of problems ahead can result in rear-enders, load shift or breakage and unnecessary wear and tear on the vehicle. It’s unlikely you’ll see Not Looking Far Ahead mentioned in an accident report but it’s often a factor. The third most common risky behavior was a following distance of less than 2 seconds. This is far below the USDOT recommendation of at least 4 seconds of following distance and is not enough time and space for most trucks to safely stop.

Running Rolling Stop Not Scanning Intersection Food/Drink No Risk Hands-Free Cell Phone Failed to Keep an Out Judgment Error Other Distraction Handheld Cell Near Collision Unavoidable Near Collision Avoidable Following Too Close <2 seconds Not Looking Far Ahead Driver Not Belted 0%

n Behavior Identified








Which Risky Behaviors Were Most Predictive of Future Collisions? While it’s important to know which risky driving behaviors occur most frequently, it’s also important to understand which risky behaviors are most likely to bear consequences. Armed with this knowledge, organizations can direct additional focus to drivers prone to making these risky mistakes. The chart below displays the risky behaviors we found to have the highest correlation to a future crash. For example, a driver with at least one drowsy driving event was 2.3 times more likely to later be involved in a crash than a driver who did not have at least one of these events. 2.5 2.0






Failed to Keep an Out

Near Collision Avoidable

1.0 0.5 0.0







number of Significant Behaviors

Top Significant Behaviors

low Severity vs. no Collision

6 of 35

1. failed to Keep an Out 2. Traffic Violation 3. Driver unbelted

Moderate/Severe vs. no Collision

8 of 35

1. near Collision avoidable 2. aggressive Driving 3. not Scanning the Intersection 4. Handheld Cell use

Moderate/Severe vs. low Severity

3 of 35

1. not Scanning the Intersection 2. Rolling Stop 3. near Collision avoidable

What about Severity? Not all collisions are created equal. Some organizations make the mistake of focusing so much on frequency that they overlook severity. Is it really a good year if a fleet operator reduces collision frequency by 25% but three people died? Using the maximum G-force level of the crash as a proxy for low, moderate and high severity categorization, we looked to see if certain driving behaviors are more predicative of who will be involved in a higher severity crash vs. drivers with no collisions or a driver involved in a low severity incident. Here’s what we found: • Drivers with no collisions during the study period compared to drivers with a low severity collision: Drivers with a low severity collision were significantly more likely to have previously experienced events identified as “Failed to Keep an Out,” “Traffic Violation” or “Driver Unbelted” than drivers who did not have a collision. This logically makes sense as these behaviors imply risk takers, exactly the sort of driver who may cut it too close and hit a fixed object. • Drivers with no collisions during the study period compared to drivers with a moderate to severe collision: Drivers who had a moderate to severe collision were significantly more likely to have previously experienced events identified as “Near Collision Avoidable,” “Aggressive Driving” and “Not Scanning the Intersection.” • Drivers who had a moderate to severe crash during the study period compared to drivers who had a low severity incident: Drivers who had a moderate to severe collision were significantly more likely to have previously experienced events identified as “Not Scanning the Intersection,” “Rolling Stop” and “Near Collision Avoidable.”

Study Says Tablets are Bigger Distracted Driving Concern than Cell Phones for fleet Managers By Julie f. Rosenbaum Skolnick, Association for Safe International Road Travel (ASIRT) An internal study by Cellcontrol found that more than 50% of inquiries from fleet managers showed that they were more concerned with laptop and tablet use while driving than cell phone use. Cellcontrol said its customers manage fleets in a range of industries, including professional services, energy and transportation services. “Mobile devices like tablets and laptops are one of the most overlooked products when it comes to distracted driving and more attention and enforcement should be considered by businesses that have mobile employees, regardless of whether or not they’re using a company owned vehicle,” said Kevin Coppolino, Vice President Corporate Development. “These types of mobile devices not only take a driver’s complete attention off the roadway, making them more of a distraction than a cell phone, but can also become a projectile in an accident, causing additional injuries if the devices are not properly secured.” Cellcontrol also noted a recent National Highway Traffic Safety Administration report found that 10% of all fatal accidents in 2010 were caused by distracted driving. n

Summary Some of the popular opinions as to what is causing collisions may be more accurate for the general driving population than for those driving for business purposes. Yet, some organizations tailor their driver training strategies to the same set of issues that appear to plague the general population. There are many tools now in the marketplace that make it possible to identify behaviors that increase the probability of being involved in a future collision. These tools need to be used to identify and correct these driving flaws before they lead to tragedy. As this data shows, a key focus of driving safety efforts still needs to be on ensuring drivers are using the fundamental safe driving skills that have separated the “good driver” from the “bad driver” since the invention of the automobile. Vehicles and technology have changed dramatically over the years, but the underlying causes for people making mistakes behind the wheel have not. n Del Lisk serves as Vice President of Safety Services for DriveCam, Inc. In this role, he is responsible for developing safety policy and procedures and overseeing training for DriveCam’s fleet customers. Additional duties include developing and improving DriveCam’s driver risk analysis processes. As a byproduct of this role, he has reviewed video of several thousand risky driving events and analyzed hundreds of traffic collisions. FIRST QUARTER 2013



BuS SafeTy In


Strategies to Keep Passengers Out of Harm’s Way By lt. Donald Bridge, Jr., Connecticut Department of Motor Vehicles and CVSA Passenger Carrier Committee Chair

Bus travel continues to be one of the safest modes of transportation with more than 700 million passengers travelling annually. However, with the number of high profile crashes that have occurred recently, we must continue to be diligent in our focus on passenger transportation and do all that we can to ensure all travelers arrive safely at their destinations. By “we,”I mean the regulators, enforcement and industry. We must work together to make a difference.




Motorcoach Fatalities from 2005 to 2012 3



2006 1

driver 6

2007 2008 1 2009 1

enfORCeMenT faCTS-aT-a-GlanCe

2010 1

• Inspections increased 159% from 12,991 in 2005 to 33,684 in 2012



• Motorcoach vehicles and drivers placed outof-service increased 493% from 497 in 2005 to 2,271 in 2012










Driving behaviors such as aggressive driving, speeding, following too close and improper lane change continue to contribute to a large percentage of the crashes. law enforcement resources are stretched thin and with the slow economic recovery, maintaining staffing levels is difficult at best. Officers cannot be everywhere and stop everyone. We must do what we are able to help drivers operate their vehicles safely and to ensure the companies that employ them are towing the line and being held accountable if they are not.


Source: FMCSA

• Number of imminent hazard orders issued increased from 1 in 2005 to 28 in 2012

Where Do We Go from Here? Safety comes from everyone involved in transportation: carriers, drivers, engineers, government agencies, insurers, judges, legislators, manufacturers, mechanics, officers, passengers and prosecutors alike. We must make safety part of everyone’s business plan. Ultimately, we all have our own personal business plan (home and family). The “human factor" is likely the biggest part of the safety equation as humans are involved in all parts of the business.

1 2 3

If the majority of crashes are related to the driver’s behavior, we must start there. Let’s address drivers behaving badly. Make the professional standard higher for drivers and hold them accountable for their actions. For carriers, this means taking meaningful action if a driver is operating unsafely, and for law enforcement, this means making the traffic stop and writing tickets when appropriate. We should also acknowledge and reward their safe behavior. Hold the carriers accountable for employing properly qualified drivers who are true professionals and have good safe driving records—drivers who choose to operate their vehicles safely. We must educate the consumer. The consumer is the ultimate decision-maker as to which carrier they select. We must appeal to the “human factor” and help them to make an informed decision—one based not just on price, but also on arriving safely at their destination. Unfortunately, all too often, the consumer chooses first by cost. To help counter Continued on next page




"Our fundamental goal is to ensure the safety of passengers on our roadways and save lives," said Secretary LaHood.

Continued from page 9

this, FMCSA has developed its free SaferBus app for mobile phones. Now, consumers can easily check a bus company’s safety performance record, find out if an interstate bus company has valid U.S. DOT operating authority and complies with federal insurance requirements, and file a complaint. Furthermore, outreach to potential passengers—such as faithbased, school, community, youth groups—on how to choose a safe carrier is the responsibility of all of us.

4 5 6

We must confront those carriers who do not include safety into their business plan and cut corners to lower the cost of a ticket. Provide legislative support that allows regulators and law enforcement more tools to deal with carriers who continually violate the law and reincarnate themselves. let’s start engineering the vehicles to help the drivers operate them more safely—deploying stability control, roll stability, brake monitoring tire monitoring and fire suppression systems, systems to monitor driving behavior, and improved roadway design and signage. There is no “lastly” here as we must continue to do all that we can and get everyone home safely.

Many of the items above are not necessarily new ideas, but many have yet to come to full fruition. In the U.S., the DOT Motorcoach Safety Action Plan and the recently enacted MAP-21 legislation provides for a number of these tools. In addition, a number of Congressional mandates and National Transportation Safety Board (NTSB), Government Accounting Office (GAO) and the Office of Inspector General (OIG) recommendations—regarding operator oversight, driver behavior, driver fatigue and vehicle safety including maintenance, seatbelts, electronic stability control, roof crush/integrity—are being implemented.



On February 14, 2013, DOT Secretary LaHood and FMCSA Administrator Ferro called a special meeting of key stakeholders, including CVSA, to announce a targeted safety crackdown using specially trained investigator teams that will focus on high-risk motorcoach companies. FMCSA inspectors and auditors will undergo specialized training aimed at investigating key areas of operations at motorcoach companies deemed to be high risk carriers. These operations are unique to the motorcoach industry, such as operating schedules, equipment storage and driver qualifications (including evaluating the impact of part-time drivers who may work for more than one bus operator), among other safety concerns. The first wave of a national safety sweep will be carried out over the next two months by FMCSA safety personnel who will coordinate with state law enforcement partners on targeted bus company and vehicle inspections. "Our fundamental goal is to ensure the safety of passengers on our roadways and save lives," said Secretary LaHood. "We've seen the tragic consequences when motorcoach companies cut corners and do not make safety a top priority. With this goal at the top of our priorities, we can continue to raise the safety bar for the entire industry." In the interim, we must continue to work together to conduct strong and effective enforcement, as well as conduct more outreach to the regulated and consumer communities. Our collective safety message is not getting to everyone who needs it. We must hold motorcoach companies and operators accountable for putting people at risk, and we must have a clear and consistent message that irresponsible behaviors will not be tolerated and the consequences are severe. We also must make sure that our voice is consistently front and center before the decision-makers. Crashes are avoidable events if the proper attention is being paid to the things that matter. Leadership is critical and CVSA is the place where safety leaders gather. Let’s make sure that people know what matters. n


The Curbside Motorcoach Business Model By William P. Schaefer, CVSA, Director, Vehicle Programs

The curbside model ...has proven to be desirable to consumers because trips are frequently convenient, direct and inexpensive. A fast-growing business model in motorcoach services today is the curbside inter-city operation. Curbside operations amount to an approach to bus service—a business model—in which service begins and ends at curbside locations rather than through fixed terminals. The curbside model evolved from relatively obscure gray market bus services between cities in the northeastern U.S. but has proven to be desirable to consumers because trips are frequently convenient, direct and inexpensive. Many reputable carriers large and small—but also some less reputable carriers—have entered this small, but competitive, part of the market. The promise of filling seats and scheduling made easier by modern connectivity and marketing have helped make this business model highly attractive to carriers and to travel brokers. Unfortunately, the unscrupulous few have brought curbside into the spotlight. Several high profile bus crashes over the past few years have involved carriers whose approach to curbside service included drivers working beyond allowable hours of service and non-existent vehicle maintenance. Furthermore, by virtue of the fluidity of this type of service—flexibility of pickup/drop-off locations, ease of scheduling, and lack of fixed terminals—safety enforcement and oversight, when needed, are especially challenging. The National Transportation Safety Board (NTSB) released a report in October 2011 specifically to address curbside motorcoach safety. The report provides a summary of analyses that the NTSB made based on crash investigations and FMCSA inspection data comparisons. As part of the NTSB report, they selected 4,172 active interstate motorcoach carriers, of which 71 were identified as scheduled motorcoach carriers providing curbside service. There are numerous findings in the report; however, we have included several notable observations and findings from their evaluation: • The curbside business model is still relatively small portion of the industry. • Identifying curbside carriers is difficult, especially for companies who do not want to be found by researchers, because their

names as advertised aren’t appearing in FMCSA databases. “This finding suggests that more motorcoach carriers may be providing…curbside service than those [71] identified….” • Transportation intermediaries, such as bus brokers and leasing parties, are not subject to FMCSA jurisdiction, making accountability more easily avoided. • En route inspections are prohibited by federal law. This makes finding curbside operators more difficult since they necessarily do not have fixed arrival/departure facilities. • “Motorcoach carriers with 10 or fewer motorcoaches and carriers that have been in business for 10 years or less have higher accident rates and higher roadside inspection and violation rates.” • Carriers that employ drivers or vehicles linked with other carriers (drivers or vehicle appear on inspection records for more than one company) are more likely to have higher crash rates. • “Curbside carriers generally have higher fatal accident and death rates than other carriers not identified as providing curbside services; however, this finding does not apply to every curbside carrier.” Since most carriers providing curbside service are responsibly safety conscious, the least safe curbside carriers are weighing down heavily on the average. • “Curbside carriers [on average] generally have higher out-of-service rates due to driver violations…” compared with noncurbside carriers. • “A carrier’s safety performance cannot be assessed without inspections.” • “Speeding is an important indicator of unsafe operation.” Get the full nTSB report at SR1101.html n




Edition Now Shipping! Be sure you and your team are prepared for the new criteria when they become effective on April 1, 2013.

This indispensable resource… • details violations which place a driver out-of-service. • outlines the Critical Vehicle Inspection Items and provides direction to each commercial vehicle inspector in North America identifying at what point a commercial motor vehicle can no longer be safely operated for fear of causing an accident or breakdown, due to its mechanical condition. • provides guidance for unsafe hazardous materials transportation, including both conditions that fail to communicate a hazard and those that are themselves hazards. • establishes criteria for placing a motor carrier out-of-service.

Order the 2013 handbook online today at




ASK THE ADMINISTRATOR each edition, federal Motor Carrier Safety administrator anne S. ferro takes time to answer your questions. In this issue, administrator ferro discusses fMCSa’s critical response following Hurricane Sandy and fMCSa’s emergency procedures and policies.


What role does fMCSa play in a natural disaster like Sandy? a: FMCSA’s team played a critically important role in supporting the President’s comprehensive relief effort for the many people impacted by Hurricane Sandy. FMCSA’s Eastern Regional Field Administrator issued an Emergency Declaration to temporarily lift federal hours-of-service requirements and other regulations to enable interstate motor carriers and drivers to provide direct emergency relief—including transporting generators and delivering temporary housing units and fuel.

FMCSA led the Interstate Petroleum Transport Team to facilitate the fastest and most efficient movement of fuel to the impacted region. The team was a single point of contact for states, the trucking industry, and other agencies. They worked with states to temporarily remove barriers to expedite fuel deliveries. Different states have different rules covering hours-ofservice, truck size and weight, low sulfur diesel use, and more. The team helped truckers navigate key regulatory issues so that fuel and other relief goods could quickly get to communities in need. FMCSA activated an emergency response team with members on call 24/7. They provided direct technical support to FEMA and manned a toll free number to answer questions posed by carriers, shippers, and others about the application of the emergency declaration. In addition, FMCSA’s Division Administrators coordinated closely with state law enforcement and highway officials to facilitate communication about state waivers of fees, tolls, and taxes (e.g., IRP, IFTA). Many of these fees were temporarily suspended so direct support would be expedited to the storm area. To deliver a well-coordinated response on policy matters, FMCSA’s team also facilitated dialogue among several federal agencies.


What does it mean when a carrier is in “direct assistance” and covered under an emergency Declaration during relief efforts? a: “Direct assistance” refers to transportation and other relief services provided by a motor

carrier or its driver(s) to aid the immediate restoration of essential services (e.g., electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (e.g., food and fuel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.

only if the vehicles were carrying non-divisible loads—for example, a large object that could not be readily dismantled for transportation, like an electrical generator or concrete casting.

The exemptions from 49 CFR Parts 390-399 apply automatically when the President of the United States or a state governor issues a declaration of emergency. The FMCSA Regional Field Administrator has authority to issue the declaration for geographic areas within his or her delegated authority.

Non-divisible loads, though critical for many purposes, are rare. Divisible loads are the most common type of cargo—boxes, pallets, sacks or bulk liquids (either in cans or tank trailers) that could be divided and partially off-loaded to reduce the weight of a vehicle. MAP-21 allows states to issue permits for divisible loads over 80,000 pounds if the President has declared an emergency to be a major disaster. The permits are issued in accordance with state law and limited to vehicles carrying emergency relief supplies.

The exemptions apply only to interstate transportation for emergency relief. “Emergency relief” means an operation in which a motor carrier or driver of a commercial motor vehicle is providing direct assistance to supplement state and local efforts and capabilities to save lives or property, or to protect public health and safety.

The permits expire 120 days after the President’s declaration. Although the MAP-21 provision removes a legal obstacle to the use of overweight trucks during a major disaster, many events that local or state officials consider emergencies are unlikely to qualify for the Presidential Declaration necessary to trigger authorization of divisible-load permits.

The exemptions do not apply to drug and alcohol testing, CDL requirements, size and weight limitations, or insurance requirements. These rules—as well as the Federal Hazardous Materials Regulations—all still apply. Other regulations affecting many CMV operators also still apply including the federal motor carrier registration requirements; household goods consumer protection; other federal commercial regulations; and state vehicle registration and other regulations.


What does the new MaP-21 provision regarding divisible loads mean in the current or future emergencies? a: The new MAP-21 provision regarding divisible loads during emergencies means that states will not be prohibited from allowing trucks carrying divisible loads with gross weights above 80,000 pounds to use the Interstate Highway System during major disasters. Until the enactment of MAP-21, states that did not have grandfathered rights could issue permits to vehicles weighing more than the normal limit of 80,000 pounds


If a state has declared a state of emergency that extends beyond the fMCSa declaration, what is covered?

a: FMCSA has primary jurisdiction over the operation of commercial motor vehicles (CMV) in interstate commerce. States have no authority to expand the agency’s emergency exemptions to sections of the FMCSRs not listed in 49 CFR 390.23. While state enforcement personnel would presumably refrain from citing anyone using an expanded state emergency exemption, FMCSA may take action against interstate drivers or carriers that are discovered, either at roadside or during a later investigation, to have relied on such an exemption. On the other hand, drivers and carriers operating in intrastate commerce are free to use an expanded state exemption, if available; FMCSA has no direct jurisdiction over such operations. n Have a question? Send it to




u.S.–Mexico Cross Border long Haul Trucking Pilot Program FMCSA implemented the U.S.-Mexico Cross-Border Long-Haul Trucking Pilot Program pursuant to congressional direction to determine whether Mexican motor carrier operations are as safe as U.S. motor carriers. The first Pilot Program operating authority was issued in October 2011. In the year since, the agency has received 37 applications, and ten additional carriers have been added to the program. Of the ten Mexican motor carriers authorized to operate beyond the U.S-Mexico commercial zone, seven make regular crossings via California ports, three enter the United States through Texas ports. The majority of the Mexican carriers in the Pilot Program tend to operate small fleets. Here’s a look at some other key numbers for the Pilot Program, as of November 2012: • 16: Number of states carriers have traveled in so far. • 22: Total number of vehicles authorized for participation. • 23: Number of drivers authorized. • 694: Total number of inspections. • 1,829: Total number of crossings.1 • 255,000: Total miles traveled by participating carriers. Mexican carriers applying to the Pilot Program undergo a stringent review under the Agency’s enhanced vetting process. This review process ensures the safe operation of approved Mexico-domiciled drivers and vehicles on U.S. roadways. The process for approval of Pilot Program operating authority consists of the following: 1. Safety and security vetting for the applicant carriers and their proposed drivers and vehicles; 2. A review to confirm appropriate safety management controls and compliance with the Federal Motor Carrier Safety Regulations (FMCSRs)—known as the Pre-Authorization Safety Audit (PASA)— conducted either at the carrier’s principle place of business or at a U.S. location near the border; and 3. Installation of on-board electronic monitoring devices on the approved vehicles. Security screenings and safety vetting happen concurrently to ensure the applicant and their proposed drivers and vehicles are eligible to participate in the Pilot Program. The Department of Homeland Security conducts security screenings to determine whether the carrier, drivers and vehicles designated for use during the Pilot Program have any background issues that would prevent the application from moving forward.



FMCSA conducts safety vetting for carriers and drivers, which includes reviews for outstanding enforcement actions and Safety Measurement System data. FMCSA also gathers information from Mexican federal agencies to complete the safety picture of the company and its drivers and vehicles. Driver safety vetting involves review of the driver’s Mexican driver license records, including review of licenses issued by both Mexican federal and state agencies. FMCSA reviews the combined records to ensure that the driver does not have disqualifying offenses, as identified in 49 CFR Part 383.51. FMCSA inspects all vehicles designated for participation in the Pilot Program. After the vehicle passes a Level I or Level V inspection, a current Commercial Vehicle Safety Alliance (CVSA) decal is affixed. Once the vehicle is operating in the Pilot Program, if the vehicle does not display a current CVSA decal, FMCSA will conduct a vehicle inspection to ensure that the vehicle is properly maintained. A CVSA decal must be issued and displayed on the vehicle to operate in the Pilot Program. FMCSA also tracks the vehicles as they move through border crossings and into the interior of the U.S. The electronic monitoring devices provide alerts to FMCSA inspectors as the vehicle approaches the port of entry to ensure that required inspections are performed. At both roadside and border crossing locations, inspectors have access to lists of authorized Pilot Program carriers, drivers, and vehicles through FMCSA’s Query Central system. After entering the USDOT number in the system, inspectors receive an alert identifying the carrier as part of the Pilot Program. Inspectors can also readily identify a Mexican motor carrier with nationwide authority by the “X” suffix on the USDOT number; (note that the “Z” suffix is reserved for commercial-zone carriers). FMCSA continues to work with all stakeholders to provide outreach about the Pilot Program and to generate awareness and increased participation during the remaining two years of the pilot. For additional information, visit our website at: trucking-program.aspx. n 1

The inspections and crossings numbers differ because after three months, a carrier in the Pilot Program is no longer required to be inspected each time a crossing occurs.


FOR THAT features SaferBus app

Hazmat emergency? access eRG with new app from PHMSa

The Safety Community of the site combines data and insight to facilitate a discussion around and awareness of our nation's public safety activities. Roadway safety is one area that is covered and where you can find the SaferBus App from FMCSA—designed to make sure everyone knows to "Look Before You Book." Check out the data, browse and use the apps, and be part of the discussion:

The U.S. DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a free, mobile web app of its Emergency Response Guidebook 2012 (ERG) to provide the nation's emergency responders with fast, easily accessible information to help them manage hazardous material incidents. Check it out at


gov er nmen t ne w s

FMCSA’s Commercial Vehicle Information Systems and Networks (CVISN) Program Improves Safety through National Deployment As it approaches its 20th anniversary in 2015, the Commercial Vehicle Information Systems and Networks (CVISN) program continues to deliver real-world safety benefits to its participating states, as well as the nation’s motor carriers, including motorcoach operators. Designed in the early 1990s, CVISN provides a technical framework, as well as a funding source, to support States’ deployment of advanced technologies in three program areas— electronic credentialing, safety information exchange and electronic screening. Every state has deployed some component of CVISN, and with Maine’s recent certification, 30 states have now deployed all of the program’s required functionality.

From left to right: Sgt. Andrew Donovan, Maine State Police, Troop K CVE Unit; Cheryl Quirion, FMCSA Division Program Specialist; Garry Hinkley, Director Vehicle Services Division, Maine Bureau of Motor Vehicles; Alan Vitcavage, Maine FMCSA Acting Division Administrator; Kim King, Office of Freight and Business Services, Maine DOT; Jose Rodriguez, FMCSA CVISN Program Manager; Rob Elder, Director, Office of Freight and Business Services, Maine DOT


The program’s most visible component is its electronic screening functionality, which enables roadside personnel to focus their resources on high-risk carriers (e.g., carriers with history of poor performance, vehicles with known credentialing issues or over-weight). Deployed at over 200 sites in 40 states, the electronic screening functionality identifies enrolled commercial vehicles electronically via in-cab transponders and uses a state-specific screening algorithm to determine which vehicles should enter an inspection facility for additional scrutiny, while allowing lower risk vehicles to bypass. Once deployed nationwide, the program is expected to generate the following safety benefits annually, approximately: • 2,400 fewer commercial vehicleinvolved crashes; • 2 dozen fewer fatalities resulting from commercial vehicle-involved crashes; and • 630 fewer injuries resulting from commercial vehicle-involved crashes1 Even prior to nationwide deployment, participating states are reporting strong safety improvements through their targeting of roadside interventions via CVISN-related technologies. For instance, Mississippi’s recent deployment of a roadside screening system increased the percentage of vehicles placed out-of-service from roadside inspections by 40 percent. Anticipating similar safety benefits, the South Carolina Department of Public Safety (DPS) recently constructed the state’s first weigh station equipped with both the latest technology and an inspection pit to allow DPS to concentrate on non-compliant motor carriers.

In addition to potential safety benefits, the program’s electronic screening functionality provides tangible operational benefits to the low-risk carriers and vehicles that are allowed to bypass an inspection facility. Each time an enrolled vehicle is allowed to bypass an inspection facility, its operator saves approximately $9, including fuel savings, time savings and operating costs. Over the course of the year, these savings total over $650 million. The program’s electronic credentialing program also has been delivering real-world benefits. Motor carriers that register a new commercial vehicle on-line typically save approximately $375 per transaction, including reduced labor costs, reduced material/postage costs and improved fleet utilization associated with being able to place the commercial vehicle into service three to four days sooner than with traditional credentialing processes2. These impressive operational improvements were confirmed by a recent assessment in the State of Nebraska which reported that interstate vehicle registration transactions for some of the state’s largest carriers are now being processed in two hours, as opposed to two to three weeks prior to CVISN. Feedback from participating motor carriers gathered as part of the National CVISN Evaluation also strongly indicate that motor carrier operations are being improved through CVISN deployment. Over 80 percent of respondents indicated that they spent less labor processing credential transactions as a result of the CVISN program. n 1

Evaluation of the National CVISN Deployment Program: Volume 1 Final Report. United States Department of Transportation, March 2, 2009, page 7-18. 2 Final Report: Economic Analysis and Business Case for Motor Carrier Industry Support of Commercial Vehicle Information Systems and Networks (CVISN). United States Department of Transportation, October 2007, page 18.

CVSA President Mark Savage (sitting center) and Vice President Tom Fuller (standing on left) and other CVSA members and staff met with Administrator Anne Ferro and members of the FMCSA team in December.

First Quarter 2013



fMCSa Border facilities update

Better Safety Training with MCSeT

FMCSA’s inspection program along the U.S. border with Mexico started with the signing of the North American Free Trade Agreement in 1992. At the time, FMCSA inspections were conducted a few times a year by inspectors working out of their cars. Twenty years later, FMCSA has more than 20 offices and a dedicated staff of more than 200 people devoted to safety inspections and enforcement along the border.

To accomplish their safety mission, FMCSA and the National Training Center (NTC) continually strive to provide customers with high-quality motor carrier safety training. To this end, when Curtis Allen became Director of NTC in early 2012, improving the organization’s management and development processes was a top priority. One of several important initiatives Mr. Allen has been leading is the configuration and rollout of a new learning management system known as Motor Carrier Safety Enforcement Training, or MCSET.

Nearly 15 years ago, many of the FMCSA staff along the border were hired as two-year temporary employees. To go from a two-year temporary position to a 15-year career speaks volumes about the quality of the staff and the ever-increasing importance of FMCSA’s highway safety role along the border. FMCSA’s current inspection facilities along the border display the imprint of a program originally considered temporary; the agency is striving to change that to be sure this permanent program is operated out of state-ofthe art inspection locations. While many inspections are still conducted on concrete slabs or without canopies to provide shade, major improvements are being made to FMCSA’s facilities and operations. FMCSA is embarking on a funded program ($24 million) to upgrade commercial motor vehicle safety inspection infrastructure at key priority crossings. FMCSA is working with the General Services Administration and U.S. Customs and Border Protection (CBP) to award design-build contracts with an anticipated completion date of late 2014. There are two plans: one for existing facilities and one for new facilities. Both plans identify facilities by size from small to large, establish a baseline of facility needs, and include needs’ based adjustments depending on the operating challenges for the area.

existing facilities FMCSA has already begun replacing temporary modular facilities put in place at the beginning of the program. The facilities will eventually be replaced with permanent buildings and dedicated inspection space, and the permanent facilities will have covered/ventilated areas for inspection. The plan not only calls for replacing existing modular buildings, but reassessing our locations within the CBP compounds to make vehicle selection, routing, and inspection smoother and safer. For instance, we are working with CBP to streamline the vehicle identification and selection process for inspections and the new facilities will not require trucks to back up into the inspection areas.

new facilities FMCSA is participating in the planning for new ports of entry along the southern U.S. border to ensure that FMCSA has permanent facilities along with the other inspection agencies working in CBP compounds. Unlike replacing an existing modular building, negotiations for new facilities take a bit more planning and commitment of funds over multiple years. However, FMCSA has already achieved success in this endeavor at the Guadalupe/Tornillo crossing just outside of El Paso, Texas. This facility, slated to open to truck traffic in the summer of 2013, will include a permanent state-of-the art covered FMCSA inspection pit designed to house six to eight inspectors. All of this work to improve border facilities is part of FMCSA’s commitment to supporting a strong CMV safety presence at the nation’s southern border. Our state partners have been with us every step of the way providing dedicated staff to help ensure safe motor carrier operations at and beyond the border. We look forward to continued progress in this endeavor in 2013 and beyond. n



One of the challenges of the current NTC learning management system, Class Manager, has been its lack of adaptability. Although effective in facilitating daily operations for state points of contact (POCs), course specialists, and other NTC staff, its functionality with respect to NTC customers has been limited to scheduling classes and viewing the course catalogue. As NTC’s role in safety training has grown, Class Manager is no longer able to meet its new customer needs. With the rollout of MCSET, NTC will improve customer service by managing course delivery in ways that expand on the capabilities of Class Manager in almost every area. Through its enhanced graphical interface and centralized online system, MCSET allows access to a range of critical functions. For example, state POCs, course specialists, and NTC staff will be able to select and assign instructors, view instructor profiles, and run reports. In the future, MCSET will also be used to deliver webbased training, facilitate testing, and conduct surveys. Under Mr. Allen’s direction, NTC program managers have been working closely with course support and information technology staff to develop and test MCSET. The first phase of testing was completed in September; the second phase is currently underway. In phase two, a small group of state POCs from across the country will be piloting the application. Ultimately, course managers and test administration staff will be able to track certification training results, evaluation results, user information and other important data using MCSET. There is no doubt that MCSET is a more effective way to meet the training needs of NTC customers. n

need State legislative Information? The national Conference of State legislatures (nCSl) provides categorized, in-depth information about bills and executive orders that have been introduced in the states and the District of Columbia related to the operation and management of the surface transportation system. The NCSL Transportation Operations, Management and ITS Legislation Database contains executive orders and passed, pending and failed bills from 2009 through 2012, and is searchable by state, topic, keyword, year, status and primary sponsor. Topics relate to congestion management, traffic operations, Intelligent Transportation Systems (ITS), demand management (including HOV and HOT lanes), work zones and freight. Learn more at n


CSA NEWS Two years later—CSa Continues to advance Safety The Federal Motor Carrier Safety Administration (FMCSA) invested six years of research and public input, thirty months of field-testing, and eight months of further public preview in developing Compliance, Safety, Accountability (CSA), the agency’s cornerstone safety enforcement program, implemented nationwide in December 2010. Now, at the two-year anniversary of CSA, the program continues to prove its worth.

CSa is a Change for Safety—and It’s Working CSA helps enforcement personnel identify carriers posing the most significant safety and compliance risk. FMCSA then utilizes interventions—including warning letters, on and off-site investigations, and other actions—to help those carriers improve their safety performance or to remove unsafe carriers from the road to protect the safety of the traveling public. And it’s working. We have sufficient data on approximately 200,000 carriers who account for 80% of commercial motor vehicles and are involved in 92% of the reportable crashes. Carriers identified as high-risk by CSA’s Safety Measurement System (SMS) have future crash rates that are more than double the crash rate of all active carriers. The SMS uses available roadside violation, inspection, and crash data to identify highrisk carriers and address problems before crashes occur—proving that what gets measured gets done. Testing of the SMS revealed that carriers with at least one Behavior Analysis and Safety Improvement Category (BASIC) above FMCSA’s safety Intervention threshold have a 3.9% higher crash rate than those in the previous system, SafeStat.

CSa is Helping to Build a Culture of Safety CSA doesn’t just benefit the enforcement community; carriers are also seeing positive results. In 2011, violations per roadside inspection were down 8%, and driver violations per inspection were down 10%—the most dramatic decrease in violation rates in a decade. Scott Randall, Director of Safety at St. Louis-based Hogan Inc., recently stated that CSA allows drivers, “…to work with their carriers to help manage both the carrier's compliance record and the driver's individual performance record.” CSA is uniting management and drivers with a common purpose: safety. Carriers are also calling FMCSA’s Technical Feedback line (877-254-5365) in record numbers to ask questions and provide comments on CSA and SMS. One carrier recently remarked, “I like the SMS website because I can print my data, run the reports in Excel, and view the history report to see what data changed.” More carriers are viewing their safety data than ever before, with 48 million visits to FMCSA’s SMS website in 2012 alone—18 million more than the year before.

fMCSa Continues to Improve CSa Through a Transparent, Collaborative Process FMCSA remains committed to further strengthening CSA and SMS. FMCSA continues to demonstrate this commitment by listening to the concerns of all CMV safety stakeholders and making changes when warranted. One example of this is the recent enhancements to the SMS. During an eight-month preview, more than 19,000 carriers and 2,900 law enforcement personnel viewed proposed SMS enhancements, eleven improvements were implemented in December 2012. These improvements included strengthening the Vehicle Maintenance BASIC by incorporating cargo/load securement violations that were previously in the Cargo-Related BASIC. This removed the bias in the previous Cargo-Related BASIC, which resulted in identifying a disproportionately large number of carriers that haul open trailers (e.g. flatbeds) for interventions. Additionally, the Cargo-Related BASIC was changed to the Hazardous Materials (HM) Compliance BASIC to better identify hazardous materialrelated safety and compliance issues. This BASIC will help FMCSA intervene with carriers that demonstrate an inability to consistently comply with federal safety regulations related to properly packaging, transporting, identifying and communicating hazardous cargo in the event of a crash or spill. Unmarked or poorly marked HM cargo can result in less effective emergency response, as well as injuries and fatalities for emergency responders and others. And let’s not forget, it’s a safety risk to the public. View the full list of the SMS changes online: Two years after CSA’s implementation, FMCSA remains committed to engaging stakeholders to join with the agency to strengthen CSA and build a culture of safety, because safety is everyone’s business. And FMCSA’s stakeholders play a vital role. CSA continues to be an effective program and a positive change for safety, thanks to the hard work, dedication and commitment of the men and women of FMCSA, our state partners, industry leaders, safety advocates, commercial motor carriers, and our nation’s professional drivers. Together, we can continue to make our roadways safer and ultimately save lives. Additional information on CSA and the SMS can be found on the CSA website: n FIRST QUARTER 2013



nTSB attributes Delayed Braking and Poor Maintenance to a 6-fatal Grade Crossing accident By Jennifer l. Morrison, National Transportation Safety Board (NTSB)

Photo taken by an Amtrak train passenger, showing the train at rest after the collision. The truck impacted the second railcar behind two leading locomotives.

“...there was no evidence that the truck driver began braking until the truck was less than 300 feet from the crossing.”


On Friday, June 24, 2011, a commercial truck pulling two empty gold ore trailers, operated by John Davis Trucking Company, was northbound on US 95 en route from a mine in Esmeralda, Nevada, to its home terminal in Golconda, Nevada, when it crashed into the side of an Amtrak train. The train was Amtrak’s California Zephyr, occupied by 195 passengers and 14 crew members en route from Chicago, Illinois, to Emeryville, California, and passing through a controlled grade crossing, with flashing lights activated and crossing gates down, at the time of the accident.

In a meeting convened in Washington, DC this past December, the National Transportation Safety Board (NTSB) met to discuss the findings of its investigation into this tragic accident. Using physical evidence and a recording from a forward-facing video camera mounted on the front of the train, investigators determined that the truck, traveling at a speed of at least 58 mph, was more than 2,300 feet from the tracks when the grade crossing signals activated. However, there was no evidence that the truck driver began braking until the truck was less than 300 feet from the crossing.

The collision destroyed the truck and several passenger railcars, ignited a fire, and killed the truck driver, the train conductor, and four train passengers. Fifteen train passengers and one crewmember were injured.

Although it was not possible to pinpoint the exact cause of the driver’s delayed braking, investigators uncovered that driver fatigue, distraction from cell phone use, or pain from a recent medical ailment were all possibilities.


Investigators also found that the driver had a poor driving history. In the 10 years prior to the accident the driver was cited for more than a dozen moving violations, involved in at least three accidents, and had his driver's license suspended or revoked at least four times. The driver also had an erratic employment history, holding as many as 30 jobs in the past decade, most of which involved driving a commercial vehicle. However, when the driver applied to work at John Davis Trucking, he omitted much of this information. The NTSB found that the process in place to obtain a full employment and driver license history is inadequate, and that John Davis Trucking did not have sufficient information on the driver to make an informed hiring decision.


The investigation also revealed inadequacies with the truck and trailers involved in the crash. Nine of the 16 brakes in use at the time of the accident were found to be out-ofadjustment or inoperative. Two axles had been equipped with mismatched and incorrectly sized brake chambers. In addition, the anti-lock brake systems (ABS) on both trailers were not functional; wires to missing ABS sensors were found cut and zip-tied. Further, wires to the required ABS malfunction indicator lights on the trailers had been disconnected, raising serious concerns about the maintenance practices of the trucking company. The NTSB determined that even with the truck driver’s delayed braking the accident could have been avoided had the brakes been in proper working order. Investigators calculated that with properly working brakes the accident truck could have come to a stop 15-67 feet short of the railroad tracks. During the investigation, the NTSB found several obstacles when trying to piece together evidence

regarding the brakes. One was that the pushrod stroke measurements taken at the scene of the accident were taken at 120 psi, outside of the 90100 psi guidance pressure range in the CVSA Out-of-Service Criteria. Another impediment was that the slack adjusters were backed off after the measurements were taken, preventing any further relevant measurements from being made. Investigators also found that John Davis Trucking maintenance records indicated that their mechanics routinely manually adjusted the automatic slack adjusters on their trucks and trailers, a discouraged practice that the NTSB and the CVSA have addressed with multiple recommendations and outreach efforts to the trucking industry.

of fatalities and severity of injuries onboard the Amtrak train.

As a result of its Board Meeting, the NTSB determined that the probable cause of the accident was the truck driver’s delayed braking and the failure of the trucking company to adequately maintain the brakes on the accident truck and trailers. The NTSB also determined that insufficient side impact strength of the passenger railcars contributed to the number

The full report, including a complete list of findings and safety recommendations, is available on the NTSB’s website: n

As a result of this investigation, the NTSB issued a total of 20 safety recommendations to John Davis Trucking, the Federal Motor Carrier Safety Administration, the National Highway Traffic Safety Administration, the Federal Highway Administration, the Federal Railroad Administration, the Nevada Highway Patrol, the Commercial Vehicle Safety Alliance, the American Trucking Association, The OwnerOperator Independent Drivers Association, the Towing and Recovery Association of America, the American Bus Association, and the United Motorcoach Association.

fMCSa announces Regional MCSaP Planning Meetings Beginning in March The Federal Motor Carrier Safety Administration (FMCSA) will be hosting regional planning meetings starting in March of this year. These meetings will be held in place of the Motor Carrier Safety Assistance Program (MCSAP) Leadership Annual Meeting. Our expectation is that by having regional planning meetings in March, you will have the information you need to start your Fiscal Year 2014 Commercial Vehicle Safety Plans (CVSP) earlier. In addition, these smaller meetings will allow us to have more focused discussions on important issues that matter to you. Over the past year, FMCSA sought feedback on our grant processes through surveys and through a productive meeting dedicated to this topic at the Commercial Vehicle Safety Alliance (CVSA) Annual Conference in Portland, ME courtesy of the Program Initiatives Committee. We appreciate the openness of those who shared their thoughts and recommendations. The upcoming regional meetings will present

the steps we are taking to address this feedback, and to share our vision and goals for 2013, 2014, and beyond. The agenda will include the following items: • Streamlining the CVSP to make it easier for you to prepare and for FMCSA to evaluate consistently; • Improving performance measurements for both grant activities and safety outcomes, including more one-click reports available on Analysis & Information Online;

We think you will find these regional meetings to be a valuable use of your time, and we look forward to your continued honest and productive feedback on how we can further improve FMCSA’s grant programs. We look forward to seeing you there! If you have questions regarding the upcoming regional meetings, please contact your respective FMCSA Division Office. n

• Previewing changes to policies and programs (including a single, comprehensive MCSAP policy and cost-eligibility document); • Methods of preventing fraud, waste, and abuse; and • The next phase of the MCSAP national program review process.




THE LEGISLATIVE & REGULATORY RUNDOWN By adrienne Gildea, CVSA, Director, Policy & Government Affairs

113th Congress With the 113th Congress underway, we begin to get a better sense of the landscape for transportation, and, more specifically, CMV safety policy over the next two years. There has been a lot of turnover in terms of leadership on the relevant Committees in both the House and Senate. The House Transportation & Infrastructure Committee has a new Chairman, Congressman Shuster (R-PA), as former Chairman Mica (R-FL) reached his 6-year term limit. Congressman Rahall (D-WV) will continue as Ranking Minority Member. Several subcommittees saw turn over as well (see box). In fact, the only subcommittee that will not have a new chairman this Congress is the Subcommittee on Water Resources & Environment, which will be chaired by Representative Bob Gibbs (OH). Former Highways & Transit Subcommittee Chairman John Duncan (TN) has been named Full Committee Vice Chairman. In this role, according to a statement from the Committee, Vice Chairman Duncan “will play a critical role in moving forward the Committee’s agenda. Duncan will also lead a series of special panels that will be tasked with making recommendations to the full Committee. Under Duncan’s leadership, special panels will examine issues that span the Committee’s broad jurisdiction throughout the 113th Congress.” On the Senate side, retirements by Senators Hutchison (R-TX) and DeMint (R-SC) cleared the way for Senator Thune (R-SD) to serve as Ranking Minority Member. While Senator Hutchison’s retirement was expected, Senator DeMint’s came as a surprise late last year, dramatically changing the landscape for 2013. DeMint was known for being stridently partisan, while Thune, though conservative, is more likely to work for bipartisan solutions. Senator Rockefeller (D-WV) will retain his place as chair of the Commerce Committee, although he has announced that he will not seek reelection when his term expires in 2014. Senator Boxer (D-CA) will continue to serve as chair of the Environment & Public Works Committee and Senator Vitter (R-LA) will take over as the Ranking Minority Member. While the leadership on the relevant committees seems committed to bipartisanship in the 113th Congress, it remains to be seen whether the rest of the Members will find a way to work together, or if the chambers will





Aviation . . . . . . . . . . . . . . . . . . . Frank LoBiondo (R-NJ) Coast Guard & Maritime . . . . . . . . Duncan Hunter (R-CA) Economic Development . . . . . . . . Lou Barletta (R-PA) Highways & Transit . . . . . . . . . . . Tom Petri (R-WI) Railroads, Pipelines & HazMat. . . . Jeff Denham (R-CA)

become even more divided. A willingness to reach across the aisle and collaborate will be necessary if Congress is expected to get work done on a number of transportation measures in 2013. The short length of the last transportation bill, MAP-21, which lasts only two years, means Congress will need to begin work on the next bill this year. There are a number of bills of higher priority that will have to be completed first, pushing the bulk of the work on the next highway bill to 2014. However, the committees of jurisdiction will begin holding hearings, gathering stakeholder input and developing concepts and, possibly, draft policy in 2013. CVSA staff will spend the early part of 2013 reaching out to new Members of Congress, educating them and their staff on issues related to commercial vehicle safety and the challenges facing the enforcement community, as well as those in industry.

fMCSa Safety fitness Determination to be Released We will also likely see several major regulatory developments. The Federal Motor Carrier Safety Administration’s much anticipated Safety Fitness Determination (SFD) rule is scheduled to be published in November of 2013. The SFD is part of the agency’s Compliance, Safety, Accountability (CSA) program, and would allow the agency to use data from crashes, inspections, and violation history to determine a carrier’s safety rating, rather than using only information gathered in a compliance review. The agency is also expected to move forward with its rulemaking on Electronic On Board Recorders (EOBRs) in 2013.

CSa Will Continue to Take Center Stage in 2013 In addition to the SFD rulemaking, FMCSA is expected to release the results from their crash accountability investigation this summer, and will then be expected to move forward with whatever conclusions are reached in that effort. The Motor Carrier Safety Advisory Committee’s subcommittee on CSA will continue its work as well, taking input from those impacted by CSA and making recommendations to FMCSA on how to improve the program. Finally, a Congressionally requested study of the program, being conducted by the Department of Transportation’s Office of the Inspector General, is expected in the second half of the year, which could result in additional hearings on CSA or other Congressional action. In addition to all this, the Administrator and her staff will have their hands busy working to implement all the changes brought about by MAP-21, as well as completing all the reports, studies and rulemakings called for in the bill. In the bill, Congress tasked the agency with 29 new rulemakings, to be completed in just over two years, and 15 reports. This is in addition to the slate of rulemakings and other activities already on the agency’s agenda, though some of the requirements, such as the Drug and Alcohol Clearinghouse and EOBR rulemaking, are for initiatives already underway at the agency.

Secretary laHood Departs DOT Finally, January brought news that DOT Secretary Ray LaHood will not be serving a second term as Secretary. He announced his plans to leave the Administration at the end of January, after months of speculation about his plans. Talk quickly turned to who might be taking his place, but as of publication, no name had been put forth. Secretary LaHood’s legacy will certainly be his commitment to safety, and to the issue of distracted driving in particular. n


INSPECTOR’S CORNER What Being a Grand Champion Means to Me By Christopher Smithen, a CVSA-certified North American Standard inspector from Nevada

In my 17 years with the Nevada Highway Patrol, I have had many experiences, but my experiences with NAIC have truly been some of the most fulfilling highlights that I have had. In my first nine years with the Highway Patrol, I was a traffic enforcement trooper and then I was assigned to the commercial enforcement section in September of 2004. Ever since 2004, I have been in a constant state of learning how to enforce the Federal Motor Carrier Safety and Hazmat Regulations.

As most of you know, this is definitely an ongoing learning process as the regulations are in a constant state of flux and change. After being in commercial enforcement for a couple of years my Sergeant wanted me to attend our state Challenge competition and compete. At the time I felt that I still had so much to learn and I was just beginning to get comfortable with the regulations. I still had many questions that I asked my peers with their vast knowledge and experience. It took me a couple of years before I felt confident enough to compete in our state competition. My friend and mentor John Sherven had just competed two years in a row at NAIC in 2007 and 2008 and he told me about the incredible experiences that he had while attending and competing. I finally competed in our state competition for the first time in 2009, which I won, but, unfortunately, due to a scheduling conflict, I was unable to attend NAIC in Pittsburgh. I competed and won our state competition in 2010 and was able to attend NAIC in Columbus for the first time. What an eye opening experience that was. The specialized training that was set up for us was outstanding. After the competition was over and the violations were gone over by the CVSA staff I realized how much I still had to learn. My first experience with NAIC not only made me a better inspector but it also made me want to improve even more. After returning home I found that I was looking forward to the next time that I might be able to attend NAIC because of the great enforcement officers from all over North America that I met. The camaraderie, the networking and friendships that were forged during that week made it worthwhile regardless of the competition. I won our state competition in 2012 and was looking forward to Minneapolis. My first thought going in was that I was going to enjoy myself, meet new people and not let the stress of the competition or the pressure of being “under” the clock get to me. I truly didn’t care whether or not I won. I felt that it was an

accomplishment just to be able to be there among my peers-the best inspectors across North America-and what a privilege it was to be considered in their company. I was assigned to the yellow team, a phenomenal group of inspectors from across North America: North Dakota, Georgia, South Carolina, Arizona, Louisiana, Ontario and Mexico. One of the best things that came out of participating in NAIC is the friendships and networking possibilities that present themselves especially within the team concepts that have been developed for this competition. Although we all came from different jurisdictions (and we talk about the differences in our state or provincial laws) when it comes to NAS, PVI or Hazmat inspections we are all on the same page as far as uniformity and consistency. The wealth of knowledge and the willingness to work together and help each other regardless of which team you were on was extremely evident. After the competition was over and we attended the awards ceremony, I was shocked and speechless that my name was called as Grand Champion. Being named Grand Champion is truly a great honor. This is the first time that anyone from the State of Nevada has won this award. Receiving the John Youngblood Award as well meant so much more to me because this is what my fellow teammates and competitors thought of me as a person and as an inspector. The experience at NAIC is something that cannot be described in words. You need to experience it for yourself. Everyone that I have ever talked to about NAIC has said essentially the same thing: that it is one of the best and most memorable experiences of their career, from the training that you receive to the people that you meet. I couldn’t agree more. n



C V S A CO M M I T T E E & P R O G R A M N E W S

CVSA COMMITTEE & PROGRAM NEWS 2013 COHMeD Conference at-a-Glance Over 400 federal and state government officials, hazardous materials specialists, instructors, enforcement personnel, emergency planning managers, responders and private industry gathered in Biloxi, Mississippi, January 28-February 1, for this year’s COHMED Conference. By all accounts, the event was a resounding success. Benoit Robillard, Contrôle routier Québec, said, “The sessions were a rewarding experience. As a matter of fact, some of the things I learned will be passed on to my fellow roadside inspectors.” Alf Brown, head carrier enforcement liaison, Ontario Ministry of Transportation, agreed, “The training sessions were very interesting and will be beneficial to me in my role in the province.” Newly inducted COHMED Chair Sergeant Thomas Fuller of the New York State Police said, “If HazMat is in your job description, COHMED is the place to be. The comprehensive education certainly provides the up-to-the-minute training and information we need, but it’s the face-to-face interaction and connections you create and fortify that make COHMED such a unique and valuable event.” n

Outgoing COHMED chair Capt. William “Bill” Reese (R) of the Idaho State Police hands the gavel over to incoming chair Sgt. Tom Fuller (L) of the New York State Police.

Ron Crampton presented the NTC Hazmat Instructor of the Year Award to Reggie Bunner of the West Virginia Public Service Commission.

Attendees had the opportunity to get an in-depth tour of the Mississippi Tank Company. Guy Dalton, Linde North America, Inc. (L), and Greg Neylon, R&L Carriers (C) presented the COHMED Law Enforcement Award to Rex Railsback of the Kansas Highway Patrol (R).

A representative from of Mississippi Tank Company explained how the tanks are manufactured.



Greg Neylon of R&L Carriers (R) was the recipient of this year’s COHMED Industry Award, which is presented by law enforcement.

C V S A CO M M I T T E E & P R O G R A M N E W S

Vehicle Committee Takes action on Multiple Issues


By lieutenant Brian ausloos, Wisconsin State Patrol, Motor Carrier Enforcement Section

Webinar Schedule

In 2012, the Vehicle Committee developed three inspection bulletins that are now available to be used for reference material. The most significant accomplishment was the Hydraulic Brake Inspection Bulletin. The collaborative effort between enforcement, manufacturers and industry representatives over the past few years has resulted in an extensive document that will be used for years to come when ensuring a hydraulic braked vehicle is in compliance or in need of service. An additional inspection bulletin regarding the inspection of the treadle valve assembly in air brake vehicles was developed to provide guidance and uniformity. Recent incidents of failure to the mounting plate ears warranted clarification of the issue. The bulletin provides awareness of the concern and procedures to inspect in order to detect a potential hazardous condition. The antilock brake system inspection bulletin was updated as well but the ad-hoc committee indicated that additional format and layout changes are necessary and work on it will

continue. An additional ad-hoc committee will be reviewing the coupling device and suspension section of the out-of-service criteria. Clarification on terminology and component identification is necessary in order to develop training material and an out-ofservice criteria that can be clearly understood. Some notable changes took place to the out-ofservice criteria in 2012 as well. The creation of a “hitch systems” section to clarify defects found on ball/socket and pin hitch systems are out-ofservice. Additional out-of-service criteria were developed to address the improper plugging of damaged tire sidewalls. Additional language was added to Operational Policy 5 that provided clarification that tarp/bungee cords cannot be utilized as a tie down. There is no intention to prohibit the use of these devices as supplementary restraint for light weight cargo and securement. An exception to the out-of-service criteria was also created in the Safety Devices section. This exception will allow rated and marked quick link repairs to safety chains. Quick links still are prohibited for repairing chain used as a tie down. n

april 2—2:00-3:00 pm What to Expect at the 2013 CVSA Workshop

July 24—2:00-3:00 pm How to Get the Most of Your CVSA Membership

august 7—2:00-3:00 pm What to Expect at the North American Inspectors Championship

august 28—2:00-3:00 pm What to Expect at the 2013 CVSA Annual Conference & Exhibition

Missed the recent 2013 Out-of-Service Criteria Webinar? no problem. Previous webinars are archived online. Plus, more webinars will be added to the 2013 schedule.

new Symposium addresses Technology Impacts on Driver field of Vision

learn more at

On April 22, the CVSA Vehicle Committee is hosting a symposium, in cooperation with the Federal Motor Carrier Safety Administration, to discuss the regulatory and enforcement issues regarding obstructions of the driver’s field of view. Technological equipment such as camera systems, transponders, and lane sensors may need to be mounted inside the vehicle in the windshield area, subject to 393.60. Specific federal regulations do not address obstructions to the driver’s view such as sun visors or external vehicle equipment attached externally to the vehicle. Obstructions such as these have been listed as causative factors in fatal crashes involving commercial motor vehicles. Attendees of the “Technology Impacts on CMV Driver Field of Vision Symposium” will identify and discuss the issues that need to be clarified or resolved. The symposium is open to all interested parties but requires registration. View the complete program at n



C V S A CO M M I T T E E & P R O G R A M N E W S

2012 Operation Safe Driver Data Shows Speeding and Safety Belt Violations on the Rise During the weeklong Operation Safe Driver campaign, October 14-20, 2012, data was collected by 2,918 law enforcement officials (the equivalent of man hour days) who contacted more than 40,000 commercial and passenger vehicle drivers at 1,245 locations across the United States and Canada. In 2012, 20,398 CMV traffic enforcement contacts were made; the total was 25,828 in 2011. Non-CMV traffic enforcement contacts totaled 6,089 in 2012; there were 11,636 in 2011. Roadside inspections totaled 36,221 in 2012 and 34,725 in 2011.

• The percentage of warnings and citations issued per contact to CMV drivers for speeding increased from 6.5% in 2011 to 10.8% in 2012. • The percentage of warnings and citations issued to passenger car drivers for speeding increased from 37.2% in 2011 to 58.8% in 2012.

The Grand Prairie Police Department partnered with the Texas Motor Transportation association during the 2012 Operation Safe Driver Week to conduct high-visibility enforcement operations and a public outreach event where officers visited with students at Dubiski High School and South Grand Prairie High School. Grand Prairie taught the CVSA Teens and Trucks curriculum and offered students the opportunity to tour an 18-wheeler. Instructors from both the Grand Prairie Police Department and First Choice Transport also discussed the CVSA Defeating Distracted Driving curriculum with students.

The results also showed an increase in the number of warnings and citations for failure to use seat belts for commercial vehicle and passenger car drivers alike…

The numbers revealed that both commercial vehicle and passenger car drivers continue to speed at alarming rates…

• For CMV drivers, the percentage rose from 1.4% in 2011 to 3.8% in 2012. • For passenger car drivers, the percentage rose 4.3% in 2011 to 5.3% in 2012.





n 2012 n 2011


% of Warnings/ Contact

% of Total Warnings Issued




% of Citations/ Contact

% of Total Citations Issued

% of Warnings & Citations/Contact





Speeding Failure to use seat belt while operating CMV Failure to obey traffic control device











































Following too closely Improper lane change

























2098 Speeding

Failure to use seat belt Failure to obey traffic control device Following too closely Improper lane change



n 2012 n 2011


% of Warnings/ Contact

% of Total Warnings Issued




% of Citations/ Contact

% of Total Citations Issued

% of Warnings & Citations/Contact




































































C V S A CO M M I T T E E & P R O G R A M N E W S

Stern Honored for Contribution to WIPP Transportation Safety Transportation safety is a key element of the Waste Isolation Pilot Plant’s national cleanup effort and a great contributor to that effort was recently honored. The U.S. Department of Energy’s Carlsbad Field Office recognized Larry Stern for his years of service as the director of the Commercial Vehicle Safety Alliance Level VI Inspection Program. At the CVSA annual meeting in Portland, Maine last September, DOE Carlsbad Field Office Institutional Affairs Manager Bill Mackie presented Stern with a plaque and thanked him for his dedication and service.

on March 26, 1999, WIPP has made more than 10,900 shipments from sites without any major accidents or injuries and no radiation releases. In December, Stern retired from CVSA after more than 20 years with the organization and some 42 years of experience in commercial vehicle safety. He previously served in other roles with CVSA, including director of administration, acting executive director, secretary and first vice president.

“Many people contribute to the success of WIPP,” said Mackie, “But occasionally you find someone who has gone above and beyond. Larry Stern is definitely one of the best.”

Stern was instrumental in working with the U.S. Department of Transportation on adding brake adjustment limits to out-of-service criteria and inspection procedures, which led to the CVSA’s North American Standard Inspection and Outof-Service Criteria. He also headed the CVSA delegation to Toronto, where all Canadian provinces and territories joined the Alliance.

His leadership with the Commercial Vehicle Safety Alliance Level VI Inspection Program has made a great contribution to WIPP’s transportation program. Since its first shipment

Prior to his work for the CVSA, Stern was director of safety/insurance for Smalley Transportation Company, in Tampa, Florida and motor carrier enforcement chief for the

Transportation Division of the West Virginia Public Service Commission. All WIPP shipments undergo a CVSA Level VI inspection prior to departure from a site en route to WIPP. The inspection is one of the most stringent inspections for any commercial vehicle on the highways. WIPP shipments are also subject to Level VI inspections upon entry to any state, as well as at any point along the route that a state wishes to conduct one. n

CVSa Staff news Randy West, CVSA’s director, driver programs, retired in February. He began his impressive career in commercial vehicle safety in 1979 as a Utah Highway Patrol trooper assigned to port of entry, which dealt with size and weight. After two years, Randy was transferred to a road assignment in the Weber County area. Three years later, Randy joined the Utah Highway Patrol MCSAP program, conducting roadside inspections and providing educational outreach to motor carriers and their drivers. In 1992, he became an associate staff instructor for the Transportation Safety Institute, the predecessor of NTC, for the North American Standards Part A driver course. He was a contestant in the first Challenge, the forerunner of NAIC, in 1993. He was also recognized as a subject matter expert (SME) by CVSA and NTC, and assisted in annual updates to NTC roadside course materials. He served as both chair and secretary for the CVSA Training Committee, and was the Region IV president for five years, where he was heavily involved in regional and Alliance activities. Randy joined the CVSA staff in January of 2011, where he worked closely with NTC to advance uniformity in roadside inspections and managed the Operation Safe Driver program,

among others. West is looking forward to returning to his Utah home and spending time with his wife of 38 years, Nancy, his children and seven grandchildren. “I really enjoyed coming to the Washington, DC area and participating in the regulatory process and working with CVSA members to develop petitions and comments for new regulations and directions; I am glad to have had the opportunity,” he said. West’s calm demeanor, hard work and expansive knowledge will be greatly missed. Last December, commercial motor vehicle safety veteran Carlisle Smith joined the CVSA staff as Director, Hazardous Materials Programs. For the last 24 years, Smith served as hazardous materials investigative specialist from 1988-2000 and hazardous materials program supervisor from 2000-2012 for the Ohio Public Utilities Commission. Previously, he worked with Battelle Memorial Institute Office of Nuclear Waste Isolation and Office of Transportation Systems Planning, where he collected data for the publication of Environmental Assessments and Transportation plans for the U.S. Department of Energy’s proposed shipment and disposal of spent nuclear fuel.

Smith was an active member of CVSA for 12 years. He attended the Hazardous Materials Committee and the old RAM Sub-Committee, and served as vice chair of the RAM SubCommittee in 2003-2005 and RAM SubCommittee/Level VI Inspection Program chair in 2005-2012. He is currently a Level VI Inspection Program national instructor and has been since 1998. CVSA’s new director of communications and marketing lisa Claydon came on board in September. Previously, she was the president at CK Marketing Solutions, Inc., the marketing communications firm she founded in 1993. Over the years, her clients included the Building Owners and Managers Association International, Solar Energy Industries Association, American Speech-Language-Hearing Association, Captive Insurance Companies Association, twelve NBC-TV stations around the country and many other organizations. She is an active member of the American Society of Association Executives (ASAE) and serves on its Communications Section Council. She has also been a presenter on marketing communications topics at a variety of association-focused events. n





new Jersey Says Thank you Post Hurricane Sandy By Shari leichter, Bureau of Trucking Services, New Jersey Department of Transportation

Seaside Heights' roller coaster landed in the Atlantic Ocean after Hurricane Sandy destroyed the town's boardwalk.

ReGIOnal MaP Region I Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, US Virgin Islands and Vermont. Region II Alabama, American Samoa, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West Virginia. Region III Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Northern Mariana Islands, Ohio, South Dakota and Wisconsin. Region IV Alaska, Arizona, California, Guam, Hawaii, Idaho, Mexico, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. Region V Alberta, British Columbia, Manitoba, NewBrunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon.



As you all know, many of the northeastern states, especially New Jersey and New York, were hit hard by Hurricane Sandy. In New Jersey, the coastal line shore areas sustained heavy damage…parts of houses were washed away and moved off their foundations, boardwalks demolished, Seaside Heights’ roller coaster, which I rode as a kid, was destroyed, and rail cars were blown onto Route 35. Many trees and power lines came down. People were out of power for weeks and long gas lines wreaked havoc. Our NJ-FMCSA office had no power for a full week. New Jersey State offices were closed for three days. My husband’s business had no power all week, so he slept there because he was afraid of looting. Many businesses were out of power for a week or more. Governor Christi and President Obama visited the island of Brigantine to tour the damage. Governor Christie revealed an estimate of $30 billion in costs from the storm, but he expects that to rise when next summer’s tourism season, population shifts and impact on real estate values will be thrown into the mix. Christi said, “I will spare no effort and waste no time to rebuild and restore our tourism industry, our transportation and utilities infrastructure and the lives of our citizens for the long-term.”

I want to say thank you to the New Jersey State Police and New York State Police for working around the clock like they did. Personally, I have to say Brigantine Police, New Jersey State Police and Governor Chris Christi did an excellent job covering Hurricane Sandy. I also want to sincerely thank the CVSA staff, members, FMCSA personnel, Information Systems Committee, Region I members, industry, carriers that I deal with through my DataQs, and friends that I have met while attending both CVSA conferences and FMCSA/IT Workshops who all reached out to me to let me know that they care. I can’t tell you how many e-mails and phone calls I received from people wanting to donate food, water and more to our state. Some checked in to ask if I was okay and if the New Jersey State Police were okay. I was very touched by all of your concerns, prayers, thoughts, phone calls and e-mails. It is nice to know that others care and this group is like an extended family. Thank you, again, from the bottom of my heart for all your concerns; it means so much that you reached out to all the states impacted by Hurricane Sandy, and New Jersey and New York, in particular, since this area was hit the hardest. n

ReGIOn I Scott Goldstein, Legislative Director for Congressman Hank Johnson of Georgia, rode along with along with Captain norman “Bill” Dofflemyer, Commercial Vehicle Enforcement Section, Maryland State Police, to get a better understanding of how laws and regulations translate in practice at roadside. n



north Carolina Conducts Motor Coach Inspection Operation By Capt. Douglas R. Shackelford, NC Department of Public Safety NCSHP/Motor Carrier Enforcement Section The North Carolina State Highway Patrol conducted a Motor Coach Inspection Operation during the North Carolina State Fair, October 11-21, 2012. In support of the Commercial Vehicle Safety Plan (CVSP) and Federal Motor Carrier Safety Administration (FMCSA), the North Carolina State Highway Patrol focused on passenger carrier safety. This operation enhanced our current motor coach safety program, of which each troop selected two motor coach certified MCSAP personnel to participate in this initiative. The selected members focused on removing unsafe motor coach drivers and vehicles off of the roadway. In addition, over 500 Federal Motor Carrier Safety Administration for Private Motor Carriers of Passengers brochures were handed out during this operation and served as an excellent location for education and outreach. n

The Results Inspections Completed:. . . . . . . . . . . . . . . 90 Driver Violations:. . . . . . . . . . . . . . . . . . . . . 16 Drivers Out of Service: . . . . . . . . . . . . . . . . . 4 Equipment Violations: . . . . . . . . . . . . . . . . 96 Vehicle Out-of-Service Violations: . . . . . . 22


Tri-State Hazardous Materials Selective Meets Success By Major lance evans, Iowa Department of Transportation, Office of Motor Vehicle Enforcement On October 24-25, 16 officers/troopers from the states of Nebraska, Iowa and South Dakota took part in a Tri-State Hazardous Materials selective. This selective was organized by Sgt. Brad Wagner of the Nebraska State Patrol and coordinated with Lt. John Broers (South Dakota Highway Patrol) and Major Lance Evans (Iowa Department of Transportation, Office of Motor Vehicle Enforcement). During the two-day selective, officers conducted 90 Hazardous Material inspections resulting in 155 violations with 11 vehicles being placed out of service and 6 drivers being placed out of service. Due to the overall success of this selective, another check was organized with the states of Wisconsin, Illinois and Iowa. This selective occurred November 28-29, Sgt. Lorie Floyd (Wisconsin State Patrol), Msgt. Todd Armstrong (Illinois State Police) and Major Lance Evans (Iowa Department of Transportation, Office of Motor Vehicle Enforcement) were instrumental in coordinating this selective. Fifteen officers/troopers took part in the two-day selective conducting 105 Hazardous Material inspections resulting in 167 violations with 12 vehicles being placed out of service and 4 drivers being placed out of service.

Safe and secure transportation of Hazardous Materials is on the forefront of everyone’s mind, the cooperation between these five states during the two checks validates the true desire for safe transportation of Hazardous Materials. Each month, representatives from the states of Iowa, Nebraska, Illinois, Minnesota, South Dakota, Wisconsin and Missouri take part in a conference call to establish cross-jurisdictional priorities. These discussions provide a foundation for checks such as the ones mentioned earlier. These ongoing conversations have helped with establishing uniformity as well as promoting each states accomplishments, goals and cooperation when it comes to commercial vehicle safety. The monthly conference call is another resource when it comes to commercial vehicle safety, we learn from one another and we gain insight into events that we may not have been aware of if it was not for the open dialogue these calls generate. n





Colorado State Patrol Welcomes the Members of the Colorado Port of entry By transferring the Port of Entry, the legislature effectively aligned formerly disparate enforcement agencies under one cohesive and uniform structure. Considering that members of both agencies had worked closely for many years, there already existed a strong foundation to build upon. Since July 1, all members of the combined organization have recognized that we had similar tasks, similar goals and similar perspectives on the importance of our shared goal of public safety.

On July 1, 2012, the Colorado Port of Entry and its 127 members were transferred from the Colorado Department of Revenue to the Colorado State Patrol. This was a significant day for every member of the Colorado State Patrol and Port of Entry as two traffic safety partners were consolidated in an effort to improve the effectiveness and efficiency of commercial vehicle services and enforcement in Colorado. The transfer was accomplished after several months of collaborative planning and work from multiple stakeholders. While not without its obstacles, the transfer was successful and


resulted in the largest single expansion of the Colorado State Patrol in its history. It is important to note that between 1935 and 1954, the Port of Entry was part of the State Patrol and, as such, this transfer actually represents a coming home for the Port of Entry. This fact was not lost on the combined organization as we welcomed our newest members as partners in commercial vehicle safety. The reasons for the transfer were many, but largely involved the fact that both organizations shared strategic goals and operational practices.

Regardless of the significant work ahead, members of the Colorado State Patrol are excited about the opportunity to enhance commercial vehicle safety as we welcome our newest members! n


Indiana’s Mobile app for uCR Goes live

Colorado State Patrol Congratulates newest Promotions

The state of Indiana has launched a new mobile app for Unified Carrier Registration and payment. The state’s UCR website reports, “Motor carriers can now register and pay for their Unified Carrier Registration using their smart phone 24/7, 365 days a year,” an announcement on the state’s UCR website says. “This mobile version also allows enforcement officers to verify the registration on the road anytime, anywhere.” Indiana is the first state to offer a UCR app.To get the app, simply visit while using a mobile device. The mobile app will automatically pop up. n

The Colorado State Patrol Motor Carrier Services Branch congratulates Captain Matt Packard on his promotion to the rank of Major and assignment as branch commander of the criminal investigations branch. Major Packard was promoted from the Hazardous Materials Section where he served as the troop commander for approximately two years. During Major Packard’s time in the Hazardous Materials unit he significantly increased the effectiveness of the unit and improved morale. Major Packard is a remarkable leader and as troop commander he was a strong advocate for commercial vehicle safety. To replace Major Packard as Hazardous Materials Section Commander, the Colorado State Patrol promoted Sergeant Josh Downing who was already assigned to the section. Captain Downing has distinguished himself not only as a technically proficient enforcement officer, but, more importantly, as a recognized leader within


As the State Patrol acknowledges the consolidation that occurred on July 1, the work to fully integrate the Port of Entry into the Colorado State Patrol is just beginning. The work to socialize and fully integrate the Port of Entry into the State Patrol will include orienting our newest members, completing the transition of uniforms, building markings, establishing consistent operating policies all while maintaining a consistent level of service to our customers.


the organization. Some of you may recognize Captain Downing as the Colorado State Patrol’s representative on the Level VI and Hazardous Materials Committees. Captain Downing brings a significant skill set to his new role as troop commander and will be a fantastic addition. Congratulations Captain Downing! Additionally, Sergeant Adrian Driscoll of the Hazardous Materials Unit was also promoted recently to the rank of Captain and assigned to the State Patrol’s Durango Field Troop in Southwestern Colorado. You may recognize Captain Driscoll as the Colorado State Patrol’s representative and consistent attendee at COHMED. Captain Driscoll was a talented hazardous materials responder and enforcement officer and his leadership skills will be missed. However, he will be a great addition in the Durango area and we wish him the best on his new adventures! n




Mexico’s SCT Issues nOM-068-SCT-2-2000: Inclusion of Technologies actions to Increase Safety and Verification Improvement In order to increase safety in highways, Mexico's Secretariat of Communications and Transportation issued actions that enable law enforcement officers to more effectively monitor commercial motor vehicles. These actions strengthen the regulations of the Federal Motor Carriers and are designed to reduce damage to the roads and increase safety by reducing 9,920.7 pounds to the maximum allowed weight in full trailer combination established in the federal standard. SCT also has initiated the recruitment of 60 additional inspectors to the existing 430 which will strengthen the capacity of the SCT Centers in the states. In addition, it is projected that 25 additional scales will be installed. These, combined with the 63 existing scales in the country, will give a greater capacity for monitoring in the main federal highways of the country. The SCT also reiterated to the carriers that the federal regulations means that their vehicles must comply with safety standards and be operated by qualified and trained drivers, as well as comply with the weight and dimensions established by law in accordance with the applicable legislation. n

In the past two years, the Secretariat of Communications and Transportation (SCT) has been promoting that third parties install physical-mechanical Verification Units for commercial vehicles. To date, Mexico counts with the sufficient infrastructure to carry out the review of all commercial vehicles: passenger and freight. For international motor carriers (passengers and freight) it is possible to fulfill Mexico’s the physical-mechanical verification with their valid decal issued by the Commercial Vehicle Safety Alliance (CVSA). For semi-trailers entering Mexico temporarily, they may prove their verification compliance by any of the three following options: 1) the CVSA decal; 2) the periodic inspection required by the Department of Transportation of the United States of America, complying with the provisions of the Code of Federal Regulations, Title 49transportation, Parts 396.17 to 396.23; and 3) through periodic inspection programs equivalent performed in the following states: Alabama (LPG Board ), California, Connecticut, District of Columbia, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Texas, Utah, Vermont, Virginia, West Virginia, and Wisconsin, as well as those issued in all provinces of Canada and the Yukon territory.


nM Motor Transport Police Crack Down on Oil field Drivers

The three cases in which verifications from USA are accepted are for 6 months from its issuance. Moreover, the SCT has stepped up efforts in 2012 with the NOM-068-SCT-2-2000 update of physical-mechanical conditions. There is a standard project available at In the coming days, it will also be published in the Official Gazette for public consultation. This project updates the current standard and contemplates the optimal conditions that commercial vehicles must have, prior to its circulation, as well as the out-of-service criteria when the condition of the vehicle is critical and implies out-of-service of the vehicle. The update of the NOM-068-SCT-2-2000 covers the inclusion of new technologies that were not included when it was first issued in the year 2000, and in addition updates to the out-ofservice criteria that the CVSA implemented in 2012. An additional element that is expected to take place in Mexico is the physical-mechanical verification twice a year. With all this, an aligned strategy is estimated with the actions that the three countries must be undertaking: Canada, Mexico and the United States. n


Out-of-Service Snapshots from the yukon Territory

During the week of January 28, New Mexico Motor Transportation Police Compliance Review Unit officers conducted a saturation patrol operation in Eddy and Lea Counties. This was part of DPS’s ongoing effort to reduce fatal crashes in this area. Increased oil production has resulted in a high volume of CMV traffic, and, concurrently, a large increase in CMV-related crashes. The focus of this operation was to identify unsafe commercial carriers. MTP officers issued a total of 107 traffic citations: 102 to CMV drivers and five to non-commercial drivers. Of the those citations, 38 were for speeding, 43 for equipment violations, four for improper driver’s licenses, and 17 for other violations, such as weight or tax reporting. In addition, 26 commercial vehicles and 12 commercial drivers were removed from our highways. Several motor carriers and their safety management practices are still being investigated. n

Officer Jordan Blay, Whitehorse Weigh Station, took this photo of a flat tire.

Officer Kevin Chaput, Watson Lake Weigh Station, captured this image of "Wheel Fasteners Missing 3 Anywhere."





Spring Thaw: a Critical Period for Québec From Contrôle routier Québec and ministère des Transports du Québec In Québec, winter weather conditions are particularly harsh. The ground freezes to a depth varying from of 1.2 to 3 metres for over four months. This, combined with temperature fluctuations and humidity, has major consequences on pavement performance. Freeze and thaw cycles also make pavements more fragile. In the spring, the layers of material of which the road is composed are weakened by accumulation of water. This is a critical moment, because the impact of heavy vehicles is even greater. The same axle can cause five to eight times more damage that it would at other times of the year.

Increased load inspections during spring thaws In order to minimize the deterioration of roadways during thaw periods, all highway carriers travelling through Québec are subject to stricter vehicle load limits. These restrictions vary between 12% and 20%, depending on axle type and vehicle configuration. This is the reason why monitoring operations are both more numerous and more frequent. Ensuring that heavy vehicles comply with load limits is the responsibility of Contrôle routier Québec officers. Thaw periods become intensive periods of monitoring and load inspection. Carrier enforcement officers apply a compliance policy, meaning that an overloaded vehicle will not be authorized to proceed until it complies with regulations.

Thaw Periods

In case of excess weight…

Thaw periods, whose dates vary in all three zones of the Québec territory, usually occur from mid-March to the end of May. However, this period of load restrictions may sometimes be earlier, later or even be suspended, depending on weather conditions. The ministère des Transports publishes target dates and official dates on its website as soon as they are known. To stay informed of the situation, visit or call 1-888-355-0511.

Before driving on, all intercepted drivers of overloaded heavy vehicles must:

For more information on the standards regarding authorized loads during thaw periods, consult the Vehicle Load and Size Limits Guide, available at n

1. spread the load more evenly between axles or 2. unload any excess cargo. Overloaded trucks not only damage the roads, but can also affect the vehicle’s performance, which may be hazardous. Complying with load limits is of primary importance and Contrôle routier Québec has decided to increase its efforts in this area.

Lifecycle of a Roadside Inspection Violation Seminar April 22, 2013 | Louisville, KY In this intensive, one-day course, you’ll follow a roadside inspection violation… • from its discovery during a roadside inspection • to its reporting on the Driver Vehicle Examination Report and entry into the Motor Carrier Management Information System (MCMIS) database • through a DataQ challenge • to its influence on respective compliance scores—CSA score for the motor carrier and Pre-Employment Screening Program (PSP) score for the driver • to a potential intervention by federal or state personnel • through its expiration from the CSA safety score.

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LOCAL ENFORCEMENT Officers in Texas Talk Safety

Multiple agencies Partner Together in CMV enforcement efforts By Robert Mills, Officer, Fort Worth Police Department

Officer Wes Bement, Grand Prairie Police Department, Jason Belz, Arlington Police Department, and Natasha Tucker, Fort Worth Police Department, attended a safety meeting for Highway Technologies at the company’s request. The purpose of having the officers come in and share information with Highway Technologies’ safety managers and other employees was to help increase the knowledge base within the company…and improve safety and compliance within the organization. Employees were trained on several topics ranging from HazMat regulations to CSA and other important topics as they relate to roadside inspections. After the presentations, officers gave a demonstration on how a Level I inspection is conducted and were given tours of various types of equipment operated by Highway Technologies. n

The last few months have been very busy for some local agencies. After watching the news and viewing some of the images from Hurricane Sandy, I just knew that all of the state and local agencies in that region were going to be challenged in the days and even months after the storm. My thoughts and prayers go out to each of you that were affected and to the families that were devastated by the storm. Thanks to all agencies that assisted in expediting CMVs that were headed to that region for relief purposes. Here in the DFW area, local agencies have continued to work together each month conducting multi-agency commercial vehicle enforcement details around the metroplex. One of the several reasons that we partner with each other is because it promotes uniformity between state and local enforcement agencies. It also allows each of us to communicate with each other about issues that we may be having. Most of all, this enforcement is meant to reduce CMV crashes in each of our jurisdictions. Most of the truck and buses that we inspect travel through each of our cities and could potentially be involved in a crash in any one of them. Even though we concentrate our enforcement efforts in our own jurisdictions, we also care about our neighboring communities. Our enforcement efforts are not just concentrating on commercial vehicles. Utilizing our MCSAP funds, we have joined forces with our traffic enforcement officers to conduct T.A.C.T. (Ticketing Aggressive Cars & Trucks) to specifically target vehicles on our roadways that commit certain traffic offenses around large trucks and buses. We have advertised our efforts in the news media and paid media services. Between educating drivers and targeted enforcement, we believe that our efforts can make a difference.

fort Worth Targets Motorcoaches In Fort Worth, we have pledged to conduct more education, outreach and enforcement on motor coaches that travel through our city. We have also located several unadvertised pick up and drop locations for bus companies that try to stay under the radar of enforcement. Our goal isn’t to shut these companies down, it’s to ensure they are keeping their passengers safe and operating within the rules. We have also teamed up with several large passenger carriers in the area to conduct routine education conversations with their drivers and mechanics about safety. We have also agreed to random inspections of these carriers to ensure that, mechanically, these vehicles are safe to transport passengers. We have had this type of relationship with commercial vehicle carriers for several years, but since we are targeting more motor coach carriers this year, we wanted to extend that helping hand to bus companies. Again, I want to tell each of you that was affected by Hurricane Sandy that there are still plenty of us that are still praying and thinking of you each day. Even though we seem to see all of the negative aspects of life on the daily news, we also seem to pull together in times of tragedy. Thanks to all of you for your work. n




REGIONAL RAP PeOPle On THe MOVe les Morrow, Safety Compliance Manager with Cargo Transporters, Inc., has earned the Certified Director of Safety certification from the North American Transportation Management Institute (NATMI). Morrow has been with Cargo Transporters since 2007. Previously, he spent 32 years in law enforcement and retired from the North Carolina State Highway Patrol in 2007. Morrow was part of the Motor Carrier Enforcement group within the NCSHP and was also a Commercial Vehicle Safety Alliance certified officer. n

ReTIReMenTS Sgt. Bradley Clayton, Utah Highway Patrol, HazMat transportation specialist and Region IV chair at COHMED, retired from law enforcement after 32 years in August, 2012. In the first half of his career, he was a field trooper and later transferred to the Commercial Vehicle Enforcement Section and joined the HazMat Response Team. During the last five years, he supervised a crew in the most populated portion of Utah and oversaw HazMat transportation. Clayton is now a transportation safety director for Wal-Mart Transportation in Grantsville, Utah. Major Ron Cordova retired from law enforcement after serving for 21+ years. He served in many capacities with CVSA: president, NAIC co-chair, ITS committee chair and more. Ron played a critical role as CVSA took over the NAIC Program in 1999 and represented CVSA on a trip to Mexico to talk with CANACAR. He spearheaded the statewide Smart Roadside Program that was the first of its kind and a model for other jurisdictions. New Mexico was recognized by ITS America and GHSA for utilizing technology to reduce CMV vehicle crashes. He was an integral leader in directing officers and transportation inspectors in reducing the CMV crash rate in the state. Barbara Hague, a special projects coordinator for Motor Carrier Services, Missouri Department of Transportation, recently retired after 43 years of state service. Barbara was active in the implementation of Missouri’s CVISN program and was the last original member of its CVISN team formed in the early 1990s. She participated in many CVSA conferences and worked diligently to implement and improve systems and programs that were customer-centric and resulted in increased efficiencies and safety of the motor carrier industry. Sgt. Mike Junkin of the Alabama Department of Public Safety retired on January 1. He was active in CVSA and served as program chair for Roadcheck.



Captain Doug Shackelford retired in February after 25 years of service to the state of North Carolina. His career started in 1987 as a weight enforcement officer for the North Carolina Division of Motor Vehicles. He was CVSAcertified, an instructor teaching Part B of the CVSA certification, and served as an associate staff member for the National Training Center (NTC). For the last five years, he was assigned to the MCSAP Section. Shackelford was elected president of the CVSA Region II and received several professional honors and awards including the Gold Circle Award, SHP Meritorious Award, Officer of the Year Award, Advanced Law Enforcement Certificate and Enforcement Officer of the Year. Jim Slykhuis is retiring in August. He started his policing career in 1981. He says, “I would like to thank each of you for allowing me to be a part of this fantastic organization. I will look back on being a part of CVSA with extremely fond memories. From walking into the conference in Anaheim where I met a really tall member of the California Highway Patrol who was very friendly and welcomed us, and then later became CVSA president, thanks my last conference in Portland, it has been a tremendous pleasure to work and laugh with all of you. You will all be missed. It is my hope that you can look back, as I can, on a lengthy and hopefully productive career. I wish all of you well.” n

In MeMORIaM The North Carolina State Highway Patrol lost a valuable member on November 8, 2012. Trooper Bobby Gene Demuth was intentionally struck and killed by the driver of a vehicle on U.S. 64 in Nash County, while attempting to deploy spike strips during a pursuit. Trooper Demuth had served with the North Carolina Highway Patrol for 12 years and was assigned to the Rocky Mount, Troop C District 1 Highway Patrol Office. He began his law enforcement career in 1994 as a deputy with the Wilson County Sheriff's Office until moving over to the Edgecombe County Sheriff's Office. Before joining the patrol, he spent 10 years as an officer with the North Carolina Division of Motor Vehicles Enforcement Section. He also served his country as a United States Marine from 1988 to 1992. He leaves behind his wife Michelle and 8year-old son Trevor. Benjamin Goodin died February 27, 2013. He served in the U.S. Navy from 1962-66 and later served in the Missouri Army National Guard, retiring in 1998 as a Captain. Ben joined the Missouri State Highway Patrol in 1966. In 1978, he joined the staff of the Highway Patrol Academy where he enjoyed teaching new recruits. He retired from the Highway Patrol in 1994. He became the manager of enforcement for MoDot Motor Carrier Services. He represented Missouri with CVSA and received their President’s Award in 2008. He retired in 2009. In addition to his wife, Dorothy Berhorst, he is survived by five children, ten grandchildren, two sisters and many nieces and nephews. n


SAFETY INNOVATORS Driver Mentoring Provides a Voice of Reason By Carleton Watkins, Vice President of Research and Development for inthinc Technology Solutions

“...without a fundamental change in how driver behavior is addressed, there will continue to be accident upon accident on the roadways.” Motor vehicle crashes are the number one cause of workplace fatalities in the United States. Individuals who work behind the wheel also receive more non-fatal injuries than any other occupation. Forget crab boats, those who drive for a living have the most dangerous job in the nation. Companies and government organizations that are concerned with maintaining the highest standards of safety have taken notice and many are implementing new policies and deploying new technologies to help improve driver safety. Enhancing driver training has been an important part of increasing safety and has been particularly helpful in helping drivers develop new attitudes about safety.

Training Is Only the Start While training is vital to improving safety, once drivers get behind the wheel, there is no guarantee that the training will take hold. In fact, a study by the American Transportation Research Institute showed training programs produce no statistical change or improvement in the incidents of fleet driver accidents. When drivers get back on the road, over time

the lessons they learned in training sessions have a tendency to wear off and old habits kick in again. A National Highway Traffic Safety Administration (NHTSA) study found 90 percent of accidents are caused by human error. The cause of such errors include reckless driving, speeding, changing lanes without signaling, driving on the hard shoulder, running red lights and so on. If 90 percent of accidents are caused by human error, it does not matter how in tune the engine is, how recently the brakes were changed, how much tread is left on the tires, how clean the windshield is, how bright the headlights are or how technologically advanced the vehicle is–without a fundamental change in how driver behavior is addressed, there will continue to be accident upon accident on the roadways. Great strides have been taken to improve vehicle safety between the

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bumpers. Engineers and designers the world over should be commended for this; however, with the vast majority of crashes caused by human error, it is critically evident that more attention needs to be put towards what happens between the ears. A new set of solid, confident, safe-driving habits need to be developed in a way that brings both immediate improvements and long-lasting results.

Telematics Gets Closer GPS-enabled technologies are appearing in everything from cell phones to name badges to tablet computers and car keys. Vehicles are certainly no exception, and in the workplace telematics and GPS data are offering an increasingly sophisticated perspective on driver behavior. Organizations can employ systems that track vehicle usage and provide details such as where a vehicle is located, where it has been and the speeds it has driven along the way. Advanced systems can report to managers instances of speeding, hard braking and aggressive driving such as hard cornering and rapid lane changes. These reports enable supervisors to give specific feedback to specific drivers about specific incidents and help hold them accountable for their actions. Reports from insurance companies that offer telematics to companies with fleets have shown marked reductions in accidents, and some have seen their accident payout costs cut in half. The challenge is much of the technology employed to monitor drivers for safety issues has been just that, technology used to monitor drivers. Companies that have tied these into their traditional fleet management solutions have been allowed to improve how they manage their vehicles by better tracking the happenings of the fleet. This has a tendency to provide two positive benefits. First, the company knows where the vehicles are, and second, the drivers know they are being monitored so they will initially be more inclined to follow the prescribed policies. This approach has been used to create a “driver profile,” which can be utilized in follow-up actions with the drivers in the form of additional training courses or sometimes even reprimands in an effort to curb crashes. While this is a big step, tracking and reporting is reactive and because it can only report on what has happened in the past, it is only part of the solution to improving driver behavior.



In-Cab Driver Mentoring is the Key The most valuable and effective solution for improving driver behavior is real-time verbal mentoring (RTVM). This approach leverages telematics technology to let them know they are doing something risky the instant they begin to demonstrate unsafe behavior. The way RTVM works is deceptively simple. If a driver is speeding, a computer in the cab will verbally instruct them in a calm, clear voice to “check your speed.” If they engage in a turn that is too hard, they will be told they are engaging in aggressive driving. If they forget to wear their seatbelt, they will be instructed to fasten their seat belt and so on. By combining GPS, accelerometers, and other telematics technologies, RTVM senses dangerous behavior, often before the driver, and it immediately instructs the driver what to do, using words the driver understands. The key to its effectiveness is that RTVM is proactive, not reactive. Its purpose is to actually prevent accidents and enforce compliance and organization policy by changing behavior in real-time. Verbal mentoring is the best auditory alert possible. For instance, instead of a distracting and confusing beep or a buzzer going off in the cab when the driver is speeding, they can immediately hear what they did wrong (i.e. the type of infraction) and what they need to do to correct the behavior. To be totally effective, RTVM should not be conducted in a vacuum. If a driver does not comply with the mentoring, managers can be notified via email, text or phone call (following an appropriate grace period to enable drivers to slow down or otherwise correct their behavior). This enables organizations to have immediate, meaningful data and reports that empower them to directly address the issues they need to address and solve the problems they need to solve. For drivers, immediate feedback in their vehicle allows them to make quick corrections in the short term and build new, effective habits that last over a long, safe lifetime. n

s a F e t y i n n o va t o r s

Getting a Good Night’s Sleep How Schneider National, Inc.’s Fatigue Management Program Keeps Drivers Well-Rested, Highways Safer By Tom DiSalvi, CDS, Director of Safety and Loss Prevention, Schneider National, Inc.

“...fatigue is more than just drifting off the road. Fatigue also impairs judgment, perception and reaction time and can be a contributing factor in crashes that on the surface, may not appear to be fatigue related.”

One of the main goals of Road Check 2012 was to put a sharper focus on driver hours-of-service and, ultimately, to reduce the potential for driver fatigue. While driver fatigue is a challenge in the trucking industry, many do not realize that the issue of operator fatigue is found in all modes of transportation. Truck, bus, rail, aviation and maritime all require hours of constant vigilance and situational awareness – in other words, the ability to react quickly in a changing environment. What is often over-looked by many is that the professional operator in each of the modes of transportation is still human. Night operations and rotating work schedules to accommodate the around the clock needs of society can make the opportunity for restful sleep each night difficult - increasing the risk of operating fatigued.

placing drivers out of service. The 72 hours of continuous enforcement identified at-risk carriers and removed potentially unsafe drivers from the road, which ultimately improved highway safety. However, by addressing the fatigue and hours-of service proactively, carriers can avoid the violations that occur at roadside and more importantly, keep their fleet well rested and alert. Based on available research and the existing body of knowledge on sleep, sleep disorders and fatigue countermeasures, Schneider National developed a Fatigue Management program in the 1990’s. The program has continued to develop in the 2000’s as more has been learned about the science of fatigue and the human body’s need for rest.

The curriculum also emphasizes the importance of understanding the early warning signs of driver fatigue, as well as Schneider’s expectation that driver associates begin every workday well-rested.

With regards to the trucking industry, the importance of proper rest and fatigue management among motor carriers is often under-emphasized, because fatigue related crashes are frequently under reported. For example, in a crash involving a single unit run-off-the-road event, the driver, who may not have been alert at the time the truck left the roadway, is now completely alert and may not have realized fatigue was the primary causal factor. Worse yet, in some crashes, there are no post-accident driver interview facts available because the crash resulted in a driver fatality.

When developing a fatigue management program, it is important to understand that driver fatigue is more than just drifting off the road. Fatigue also impairs judgment, perception and reaction time and can be a contributing factor in crashes that on the surface, may not appear to be fatigue related. The concept of impairment due to fatigue is important when educating drivers about both the causes of fatigue and the keys to remaining situationally aware and alert.

Obstructive Sleep Apnea (OSA) is a condition causing an obstruction in the upper airway. When someone with OSA attempts to sleep, the soft tissue in their neck relaxes and causes a partial or complete obstruction of airflow. The obstruction causes a pause in breathing that can last from 10 seconds to two minutes and can occur between five and 100 times in an hour.

Road Check 2012 drew a great deal of attention to the issue of driver fatigue through hours-ofservice logbook violations, and in many cases,

Schneider National’s Fatigue Management program includes four key areas: education, sleep apnea screening and treatment, Electronic Onboard Recorders (EOBRs) and leadership support.

Begins with Education In order to ensure driver associates understand what causes fatigue and what appropriate fatigue countermeasures are available, Schneider’s training curriculum includes topics such as: • Circadian rhythms • Causes of sleep debt • Principles of restorative sleep • Sleep hygiene

Putting an Obstructive Sleep Apnea Program in Place

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because of the nature of the work environment – sedentary life style, limited opportunities for regular exercise and poor diet. OSA is primarily treated with a CPAP – Continuous Positive Airway Pressure device. CPAP treatment provides a flow of air through the nasal passageways which creates positive air pressure in the upper airway and prevents the obstruction of breathing. In addition to providing awareness of this condition to the fleet, Schneider has a program in place to screen, and if necessary, test and treat driver associates for OSA. Developed in partnership with Precision Pulmonary Diagnostics (PPD) – Schneider’s program is designed to eliminate the barriers or concerns drivers often have if they believe they may have a OSA (for example, “will I lose my job?”, or “what if I can’t afford the testing and treatment?”). As part of the program, company drivers are screened using an on-line survey developed by PPD. If the potential exists for OSA, the driver is routed to one of nearly 30 network clinics nationwide for testing, and if necessary, CPAP treatment. The entire process is designed to occur either during their normal course of work (between stops under a load) or during the driver associate’s time-at-home. Best of all, there is no cost to the driver if he or she is enrolled in Schneider’s medical benefits program.

Delivering a More alert fleet: electronic Onboard Recorders Another tool to ensure driver associates have the opportunity to get proper rest everyday is through the use of Electronic Onboard Recorders (EOBRs). The use of EOBRs eliminates the form and manner errors and the manual calculation mistakes that are common in a paper log system. In addition, the use of EOBRs allows the driver to see a running tally of their hours-of-service throughout the course of their workday. When they are approaching their 11 hours of driving or their 14 hour total, it is clear that it is time to take a 10 hour break. While on any given day a driver’s current hours of service may not necessarily correlate to fatigue, the use of EOBRs to manage hours-of-service provides consistency in the driver’s environment. Ensuring the driver’s workday will not exceed 14 hours and that they will have at least 10 hours every 24 hours to get proper rest ultimately ensures a more alert fleet.

Buy-in from the Top The most important aspect of a fatigue management program is the presence of a corporate culture of safety which enables driver associates to make the decision to shut down whenever necessary for the purposes safety. The phrase “the driver is the captain of his or her ship” is frequently used during winter

months to remind driver associates if they feel the roads are not safe, they are empowered to make the decision to shut down their unit until the ice or snow is cleared. The same safety values apply to driver fatigue. If a driver associate feels tired during the course of his or her workday – regardless of their current hours of service – it is an expectation that they will find a safe place to park, notify their fleet manager and get some sleep. This culture is established and maintained by top-down leadership support of the belief that “nothing we do is worth hurting ourselves or hurting others”. While Schneider is in business to provide outstanding service to their customers, it is never at the expense of safety. As long as humans are operating heavy equipment in the transportation world, fatigue should always be a top safety priority for operators, fleet managers and safety professionals. In the near future, there will likely be safety technology that will aid in the identification, assessment and management of fatigue. However, whether the industry is trucking or any other mode of transportation, there will never be a substitute for a well-trained and well-rested associate operating within a culture of “Safety First and Always”. n

Technology Impacts on CMV Driver Direct Field of Vision Symposium April 22, 2013 | Louisville, KY

New! This one-day program is designed to help improve common understanding in the CMV safety community of the balance between the benefits and the possible risks of using electronics, window tint, sun visors and window shades, and other products. Plan now to participate!

Register now at 36



Is your Company Ready for the next lawsuit? By John e. Harrison, Investigator, Collision Specialists, Inc. Since I retired from the motor carrier safety enforcement community in 2011, I’ve taken on the mission of crash analysis and regulatory compliance for the motor carrier industry. Immediately following retirement, I joined a highly reputable accident reconstruction firm. I went to them with a personal and professional goal to work on trucking defense cases so that I could help motor carrier clients get a fair representation when presented with costly lawsuits. I am now able to assist them with regulatory compliance, and secondarily, to defend them, if needed, as an expert witness following accidents. I truly believe that attention to detail when it comes to regulations, company procedures and polices is the best preventative medicine in regards to reducing crashes, liability and unnecessary tragedies. I have taken my 31 years of experience in motor carrier safety enforcement and focused it on preventative measures and safety planning to assist motor carriers. One of the things I have had to adjust to when it comes to evaluating regulatory compliance issues is how I look at the seriousness of certain regulations. In other words, there have been many times when, as a state safety investigator, I would look at something like an incomplete piece of paper in a driver qualification file, such as a driver’s employment application, and form the opinion that “it’s not a big deal.” However, I’ve learned that in the civil lawsuit world plaintiff’s attorneys will take such an omission and make it a grey area. In essence, if your driver inadvertently leaves off a previous employer, then that driver may be portrayed as untrustworthy. Consequently, everything he or she says to explain how the accident happened may be called into question. Should your driver intentionally leave off a previous employer because that part of his or her work history might reveal something detrimental, the plaintiff’s attorney may use it against your company. As the motor carrier you may be blamed for negligent hiring for not conducting a proper background investigation.

I encourage you, as a motor carrier, to immediately implement several proactive measures to reduce your liability:

1 2 3

Hire a reputable outside regulatory compliance firm to assess your level of compliance and to conduct periodic mock audits; If your company is in an accident, immediately have an accident reconstruction firm that has motor carrier safety experience go to the scene and document all physical evidence, conduct a level 1 inspection of your vehicle and inspect the other vehicles involved, including performing a download of the electronic control modules (ECM) for your truck, and (with permission) the other vehicles involved; and Following an accident, preserve all documents, electronic files, etc. regarding your vehicle, driver and the load. I say this because in most states a plaintiff has up to two years to file a lawsuit. If you preserve all potential evidence, it will be available to help defend your position and reduces your chances of being accused of trying to cover-up the truth. This holds true for both evidence that may help you or hurt you. It has been my experience that those motor carriers that conveniently lose or fail to preserve evidence detrimental to them come out far worse in the end if the matter goes to a jury. Be safe! n

John E. Harrison is a past president of CVSA and retired from the Georgia Department of Public Safety at the rank of Captain after 31 years of honored service. He now works as a commercial vehicle expert for Collision Specialists, Inc. located in Gainesville, Georgia ( Email him at

As a motor carrier, you should also take a long hard look at your hiring practices and the threshold you set for risk tolerance; how many tickets, accidents, etc. are too many? Too often a motor carrier will let the insurance carrier say “yes” or “no” as to who gets hired. I’ll say this: If you are a motor carrier that’s serious about safety and reducing your potential liability exposure, your standards for driver quality should be higher than any insurance carrier has set. I’ve seen too many times where motor carriers don’t take routine things seriously, such as the driver annual review process and reviewing driver logs for hours compliance and falsifications. As a motor carrier, you must have an effective hours of service disciplinary program and not be afraid to let a driver go if he or she repeatedly violates the rules. Believe me, such seemly routine things can become very big liability issues when your vehicle and driver are involved in a serious injury or fatal crash. Many times, company policies are not kept up-to-date or are not followed by management. This is often a major problem area I have seen in defense of a motor carrier in an accident lawsuit. In other words, if a policy or procedure is important enough to put into writing then it probably should be enforced in a uniform manner. Other important issues that surface in accident lawsuits are post-accident drug and alcohol testing, vehicle periodic maintenance and maintenance records. These procedures and their related records should be main priorities for any motor carrier.



Are You as Prepared as You Should Be? Get the Resources You Need from the CVSA Store PRACTICAL CARGO SECUREMENT The most complete reference on the new cargo securement regulations available anywhere! This easy-to-understand book is a “must-have” for drivers and enforcement staff. It covers general cargo requirements and the 11 specific commodities addressed in the regulations. Appendix includes current regulations for the U.S. and Canada. 600+ illustrations, 406 pages. enforcement Member Cost: $20 Single Copy Cost: $25

PRACTICAL AIRBRAKES—HANDBOOK & STUDY GUIDE The industry standard for driver training—providing all of the knowledge drivers need to operate their vehicles safely and in compliance with the law. It exceeds the minimum CDL requirements and covers system operation, testing and inspection, and includes review exercises at the end of each chapter. Instructor support materials also available. 100+ illustrations, 104 pages. enforcement Member Cost: $15 associate Member Cost: $20 non-Member Cost: $25

BRAKE INSPECTION TOOL Developed especially for the CVSA Inspector! This "all-in-one" stainless steel tool includes a soap stone with adjustment slide, ruler and brake lining gauge, plus a clip keeps it from falling out of your pocket. Cost: $25

CHAMBER TECH TOOL This handy caliper tool measures an air chamber size from a type 6 to type 36, including long stroke chambers. You can use quickly with only one hand, even in those hard to reach installations. The back of tool includes a quick reference to the CVSA roadside inspection limits. Cost: $44.95

CHAINSAFE GAUGE This helpful tool measures chain thickness and wear tolerance…perfect for determining whether or not chains meet out-of-service criteria. Cost: $18

PRACTICAL AIRBRAKES—BRAKE ADJUSTMENT This book expands on the content of the Practical Airbrakes Handbook and thoroughly covers brake adjustment issues—from the importance of keeping brakes properly adjusted to proper inspection procedures. It explains the function, operation and proper inspection of self-adjusting brake adjusters—and gives you step-by-step procedures on how to re-adjust manual and self-adjusting brake adjusters. 45 pages.

CVSA BRUSHED TWILL CAP Show your commitment to the CMV safety and enforcement! Navy blue, 100% cotton, one size fits all. Cost: $14

enforcement Member Cost: $15 associate Member Cost: $20 non-Member Cost: $25

Order these and other CVSA products today! 38



RAD INSPECTION NEWS WIPP’s Role in Risk Reduction evident in Hurricane Sandy aftermath In late October, Hurricane Sandy devastated areas in its path. In the United State alone, the storm left 125 dead, hundreds homeless and businesses in ruin. Many states were affected, but residents of New Jersey and New York were particularly hard hit. Those, and other northeast states, have only begun to pick up the pieces, as the cost to repair the damage is estimated in the tens of billions of dollars. Those whose mission is to safely manage and dispose of radioactive waste closely watch natural disasters. In recent years, wildfires have presented challenges for sites temporarily storing transuranic waste (TRU) on the surface. The most recent example was the Las Conches Fire that burned near Los Alamos National Laboratory in 2011. The experience has lead to close cooperation among the Department of Energy, Waste Isolation Pilot Plant (WIPP) contractors and the State of New Mexico to accelerate the cleanup of transuranic waste stored on the surface. In the case of Hurricane Sandy, however, there are some examples of how the risk was reduced for thousands of people due to the national cleanup work made possible by the disposal efforts at WIPP. Among the 22 TRU waste sites that have been cleaned of legacy TRU waste, four of those were in the path of Hurricane Sandy. Those sites were Teledyne-Brown in New Jersey, Bettis Atomic Power Laboratory in Pennsylvania and Brookhaven National Laboratory and Nuclear Radiation Development, LLC, of New York. Long-lived defense radioactive wastes once stored in those highly populated areas are safely disposed 2,150 feet beneath the desert floor in southeast New Mexico. n

DOe Report estimates Removal of Spent fuel Will Take 11-12 years DOE contracted with three national laboratories (Pacific Northwest, Savannah River and Sandia) to prepare a Preliminary Evaluation of Removing Used Nuclear Fuel from Nine Shutdown Sites. A draft of the report was released on October 31. In addition to preparing an inventory and characterization of the spent fuel and Greaterthan-Class C low-level radioactive waste (GTCC LLW) in storage, the researchers’ evaluated on site transportation conditions at the site and the near-site transportation infrastructure. To determine necessary steps and possible time frames for completely removing the spent fuel and GTCC LLW from the sites, the authors considered three scenarios: shipping from a single site, shipping from three sites located in the same region, and shipping from all nine sites. As it turns out, the step up from a single site to three from three to nine was not substantial—the resources and actions needed to support shipments were similar under all three scenarios. The report concluded that it would take 11 to 12 years to conduct all planning preparations and to remove spent fuel and GTTCC LLW from the nine sites. The researchers identified several issues related to the spent fuel and GTCC waste stored at the sites. Most significant was the existence of six damaged fuel assemblies at Rancho Seco in California. Shipping this material will involve further evaluation to determine whether it will need to be repackaged prior to shipment. In the Midwest, the report noted that the GTCC LLW at Big Rock Point cannot be transported in the transportation cask in which it is stored unless the certificate of compliance for the cask is modified. In addition, the Zion plant in Illinois has some high burnup fuel in its inventory. This spent fuel will need to be packaged in “damaged fuel cans” in order to be transported safely. The report identifies several tasks that would involve state personnel. One “essential activity would be to coordinate with states on the selection of modes and routes. In addition,

developing policy and procedures for technical and funding assistance—similar to Section 180 (c)—and then implementing that assistance would need to take place prior to interfaces with officials of state, tribal and local governments who jurisdictions would be affected by transportation of used nuclear fuel from the nine shutdown sites.” The report anticipates state observation of table-top exercises for shipment operations as well as participation in in-transit table-top exercises. Readiness reviews conducted with state, tribal and local officials would “ensure that there are no outstanding issues that would need to be addressed to ensure effectiveness of emergency response and in-transit security operations that the transited jurisdictions may provide.”

Here is a quick summary of conditions at the three Midwestern plants: Big Rock Point: There are seven canisters containing 441 fuel assemblies and one canister containing GTCC LLW in storage at this site in northern Michigan. While the TS125 transportation cask is licensed, it has not yet been fabricated. Moreover, the TS125 is not licensed for transporting GTCC LLW. Transportation options include heavy-haul and barge. Heavy-haul poses a problem in that the site no longer has a heavy haul roadway, plus the highway from the site may need to be refurbished to accommodate such a heavy load. In addition, the nearest railhead is 13 miles away in Petoskey, Michigan. Further still—52 miles away—is Gaylord, where the site’s reactor pressure vessel was transferred to rail for shipment to the Barnwell disposal facility in South Carolina. Barge poses a logistical problem, too, because the onsite barge facility would need to be “reestablished.” In addition, in this part of Michigan, “Lake Michigan is subject to freezing.” Continued on next page




LEVEL VI CLASSES SCHEDULED FOR 2013 Under a cooperative agreement with the U.S. Department of Energy, CVSA has scheduled the Level VI Classes for 2013 to certify inspectors to conduct Level VI inspections on motor carriers and their drivers transporting transuranic waste and Highway Route Controlled Quantities (HRCQ) of radioactive materials. CVSA provides Level VI training to inspectors who meet the prerequisite of being Level I and HazMat certified. Any state that needs inspectors trained should contact Carlisle Smith, Director, Hazardous Materials Programs, at or 301-830-6147. Dallas, TX—February 26-28

Continued from page 39

laCrosse: This site in westen Wisconsin houses five canisters containing spent fuel. Because decommissioning is ongoing, it is possible the site will ultimately have GTCC LLW in its inventory. The MPC-LACBWR canisters are transportable in the NAC-STC transportation cask, however, no such casks have been fabricated for use in the U.S. (there are two in China). In terms of transportation infrastructure, LaCrosse does not have an onsite railspur, but there is an old one that could be rebuilt. Access to BNSF lines is available nearby. The site has barge access to the Mississippi River. From December through February, however, barge service is not available. Local weather conditions could further limit service. Refurbishment of the dock and dredging of the shipping channel might be necessary.

Zion: Located in northeastern Illinois, this site has spent fuel in pool storage, but in 2013 the utility will begin transferring it to an estimated 61 canisters using the NAC MAGNASTOR system. In addition, the site will have four canisters holding GTCC LLW. The NAC MAGNATRAN will be used for transportation; the NRC is currently reviewing the license application for the transportation cask, with a certificate of compliance expected to be issued in 2013. Of the site’s inventory, 36 fuel assemblies are considered high-burnup fuel. These assemblies will be packaged in damaged fuel cans in order to be transported in the MAGNATRAN transportation cask. During construction of the site, Zion had a barge facility onsite. That facility was abandoned long ago and the land is now part of the Illinois Beach State Park. Fortunately, direct rail service is available from Union Pacific Railroad. n

WIPP Receives 11,000th Shipment

Level VI Train the Trainer Course

new Braintree, Ma—March 11-14 Raleigh, nC—April 8-11 anthony, nM—June 10-13 frankford, Ky—July 22-25 Oak Ridge, Tn—August 12-15 Reno, nV—August 26-29 Denver, CO—October 14-17 austin, TX—November 4-7

NEED MORE LEVEL VI INFORMATION? The CVSA website is the place for the most up-to-date information regarding the Level VI Program. You’ll find the minutes of the Level VI Program Committee Meetings, Level VI reports, Level VI training and public outreach schedules and more. Also, you can ask questions concerning the Level VI Inspection Program on the Level VI online forum (blog). To reach the Level VI website, go to, click on “Programs,” then click on the Level VI radiation symbol to enter the Level VI website.



Shipment Number 1 arrived at the Waste Isolation Pilot Plant (WIPP) in March 1999 and now, less than 14 years later, the facility has received Number 11,000. The milestone shipment was received at WIPP’s main gate at 10:12 pm on Tuesday, November 20. While the arrival lacked the fanfare of 1999’s first waste receipt, it does mark an important milestone for the project. The U.S. Department of Energy Carlsbad Field Office-led transportation team manages the largest fleet of Nuclear Regulatory Commission-

CVSa has new Director for Hazardous Materials Programs Carlisle Smith of the Public Utilities Commission of Ohio has become the Director of the Hazardous Materials Programs at the Commercial Vehicle Safety Alliance (CVSA). The position opened up due to the retirement of Larry Stern on December 31, 2012. The Level VI Program will be under Carlisle’s direction, in addition to other Hazardous Materials responsibilities. Contact Carlisle via email or phone 301-830-6147. n

certified Type B packaging (which includes the TRUPACT-IIs, HalfPACTS, RH-72Bs and now the TRUPACT-IIIs), has traveled more than 13 million loaded miles and tracked every shipment from generator site departure to WIPP site arrival. The 11,000th shipment received at WIPP originated at Argonne National Laboratory, outside Chicago. The shipment of remotehandled transuranic waste traveled 1,720 miles by truck, operated by Visionary Solutions, LLC, one of two carriers that transport waste to WIPP for DOE. n


Iaea-Sponsored Group Visit to WIPP The eyes of the world were upon southeast New Mexico recently as a large group of international visitors came to see the U.S. Department of Energy’s (DOE) Waste Isolation Pilot Plant (WIPP). The group was participating in an International Atomic Energy Agency (IAEA) Underground Research Facility (URF) Network Meeting at Sandia National Laboratories (SNL) in Albuquerque and detoured to Carlsbad to see America’s safe, deep geologic repository for disposal of defenserelated transuranic (TRU) waste first hand.

“Comments about the WIPP tour afterward were universally positive,” said Van Luik. “WIPP is an impressive facility—clean, well-run and safe— and a model for future repositories in other nations.” While in Carlsbad, the group also had the opportunity to visit with community leaders. Local support, from the project’s inception to today, is often credited as a key factor in WIPP’s success. The URF Network is part of the IAEA’s educational program. Its purpose is to bring together more advanced national programs that include an underground research facility for networking purposes, and to set up courses to benefit radioactive waste management programs in other countries.

Together, the 30 visitors represented 19 nations from four continents. A sampling of countries represented includes the Philippines, Germany, South Africa, Canada, South Korea, Kazakhstan, Czech Republic, United Kingdom and Ukraine. The URF Network Meeting in Albuquerque began with a status report on underground and other research facilities. Staff from SNL provided an overview of their DOE Nuclear Energy work evaluating four potential high-level radioactive waste disposal options: repositories in salt, clay or granite or deep borehole disposal in granite.

Through the DOE, the United States has been a contributor to this effort since its start a decade ago. The United States has offered a course on some aspect of repository science and modeling every other year over its membership term. SNL, on behalf of the DOE Office of Nuclear Energy and the Office of Environmental Management, has hosted the last few courses held in the United States. The lab was responsible for all the logistics for this meeting.

Prior to boarding a bus for Carlsbad, attendees were given an in-depth overview of the science of underlying salt repositories with some focus on WIPP. Dr. Abraham Van Luik, the DOE Carlsbad Field Office’s (CBFO) international programs and policy advisor, participated in the Albuquerque meeting and served as the group’s host at WIPP. He said the international visit went very well. The visitors were divided into groups, each having an opportunity to see surface waste handling facilities and then descending 2,150 feet to the underground waste repository.

The IAEA is part of the United Nations, which means its activities within the United States are conducted on a government-to-government level. The federal government must approve activities on U.S. soil and participants must be invited. In this instance, CBFO Manager Joe Franco invited each participant to visit WIPP. Van Luik expressed his appreciation to all at SNL, Los Alamos National Laboratory, Nuclear Waste Partnership, LLC, Security Walls, LLC and CBFO, whose coordinated efforts made the WIPP tour educational and enjoyable for all participants. n

WIPP Shipment & Disposal Information as of november 12, 2012

Site Argonne National Lab


loaded Miles



Bettis Atomic Power Lab



GE Vallecitos Nuclear Center



Idaho National Lab



Los Alamos National Lab



Lawrence Livermore National Lab



Nevada Test Site



Oak Ridge National Lab



Rocky Flats Environmental Technology Site Hanford Site





Sandia National Lab



Savannah River Site



Total to WIPP





CVSA LEADERSHIP eXeCuTIVe COMMITTee PRESIDENT Maj. Mark Savage Colorado State Patrol VICE PRESIDENT Sgt. Thomas Fuller New York State Police SECRETARY-TREASURER Capt. William “Bill” Reese Idaho State Police PAST PRESIDENTS Asst. Chief David Palmer Texas Department of Public Safety Capt. Steve Dowling California Highway Patrol Francis “Buzzy” France Maryland State Police

REGION PRESIDENTS Region I Sgt. Raymond Weiss New York State Police

REGION VICE PRESIDENTS (Non-Voting) Region I Shari Leichter New Jersey Dept. of Transportation

Region II Capt. Jay Thompson Arkansas Highway Police

Region II Vacant

Region III Alan Martin Public Utilities Commission of Ohio

Region III Maj. Lance Evans Iowa Department of Transportation

Region IV Capt. Chris Mayrant New Mexico Department of Public Safety

Region IV Lt. Ken Roberts California Highway Patrol

Region V Reg Wightman Manitoba Infrastructure and Transportation

Region V Pierre Pratte Contrôle Routier Québec LOCAL PRESIDENT Robert Mills Fort Worth Police Department

LOCAL VICE PRESIDENT (Non-Voting) Officer Wes Bement Grand Prairie TX Police Department ASSOCIATE MEMBER (Non-Voting) Rob Abbott, Chair, Associate Advisory Committee American Trucking Associations FEDERAL GOVERNMENT (Non-Voting) William “Bill” Quade, Federal Motor Carrier Safety Administration (FMCSA) William “Bill” Arrington, Transportation Security Administration (TSA) Mauricio Hinojosa, Secretaría de Comunicaciones y Transportes (SCT) Ryan Posten, Pipeline & Hazardous Materials Safety Administration (PHMSA) Doug MacEwen, Canadian Council of Motor Transport Administrators (CCMTA), CRA Chair

COMMITTee anD PROGRaM CHaIRS COMMITTEE CHAIRS associate advisory Committee Rob Abbott American Trucking Associations

Program Initiatives Committee Sgt. William “Don” Rhodes South Carolina State Transport Police

PROGRAM CHAIRS level VI Inspection Capt. William “Bill” Reese Idaho State Police

Driver-Traffic enforcement Committee Lt. Thomas Fitzgerald Massachusetts State Police

Size & Weight Committee Capt. Jay Thompson Arkansas Highway Police

Hazardous Materials Committee Maj. Lance Evans Iowa Department of Transportation

Training Committee Capt. Rocco Domenico Colorado State Patrol

International Driver excellence award Lt. David Medeiros Rhode Island State Police

Information Systems Committee Capt. William “Jake” Elovirta Vermont Department of Motor Vehicles

Vehicle Committee Kerri Wirachowsky Ontario Ministry of Transportation

Operation Safe Driver Brian Neal FedEx Ground Corp.

Passenger Carrier Committee Lt. Don Bridge, Jr. Connecticut Department of Motor Vehicles



COHMeD Sgt. Thomas Fuller New York State Police

Operation airbrake Sgt. Scott Hanson Idaho State Police

Roadcheck Vacant north american Inspectors Championship (naIC) Paul Tamburelli Checkmark Vehicle Safety Services, Inc.




Intermodal Association of North America











2012 CVSA SPONSORS SILVER ABF Freight System, Inc. Austin Powder Company ChassisLink, Inc. DiSilva Companies FoxFury, LLC Great West Casualty Company

Groendyke Transport, Inc. Herzig Hauling, LLC Landstar Transportation Logistics Mercer Transportation Company PERCEPTICS Imaging Technology Solutions Sims Metal Management, Inc.

Specialized Carriers & Rigging Association STEMCO Sysco Corporation Vehicle Inspection Systems, Inc. YRC Worldwide, Inc.

BRONZE Academy Express, LLC American Bus Association Arizona Trucking Association ATCO Electric Cambridge Systematics, Inc. Chesapeake Energy Corporation Coach USA Code Corporation

Compliance Safety Systems, LLC DATTCO, Inc. Dibble Trucking, Inc. Greatwide Truckload Management Hoffman Transportation, LLC Intercomp Company J. B. Hunt Transport, Inc. Motorcoach Association

NATC, Inc. National Tank Truck Carriers Old Dominion Freight Line, Inc. Praxair, Inc. RAIR Schneider National, Inc. Wal-Mart Transportation, LLC Warren Transport, Inc.

FRIENDS OF CVSA Ace Doran Hauling & Rigging Co. American Coatings Association, Inc. Anderson Trucking Services, Inc. The BESL Transfer Co Bork Transport of Illinois

Canadian Association of Oilwell and Drilling Contractors Currie Associates, Inc. EQT Corporation FFE Transportation Services, Inc.

Greg Neylon Greyhound Lines, Inc. H.R. Ewell, Inc. Horizon Freight System, Inc. Omega Laboratories, Inc.


Miller Transporters, Inc.


Modern Landfill, Inc.

CDL Consultant

NATC, Inc.

Chapman Construction Company

National Fuel Transportation, Inc.

Cummings Hauling

Oil States Energy Services

Expedited Logistics & Freight Services, Ltd.

Ontario Provincial Police

Failsafe HazMat Compliance

Panorama Tours, Inc.

First Class Services, Inc.

Pilgrim's Corporation

Garry Suprovich Trucking, Ltd.

Sievers Safety Services, LLC

Grammer Industries, Inc.

Southeast Directional Drilling

Halton Regional Police Service

Tropical Cheese Industries

J P Graham Transport, Inc.

United Site Services

MIA Safety Service

United Suppliers


Zedcor Oilfield Rentals

Midland Police Department As of March 1, 2013



CVSA WORKSHOP April 21–25, 2013 | Louisville, KY



: Y G E T A R T S

ent m e c r o Enf d n a y fet MV Sa

in C y c n e nsist o C d y an t i Make Plans Now! m r o f i n U y, Qualit Attend these programs, too… North American Cargo Securement Harmonization Public Forum April 21 Information Systems Users Workshop April 21-22 Technology Impacts on CMV Driver Field of Vision Symposium April 22 IRP & IFTA Training Sessions April 22 Lifecycle of a Roadside Inspection Violation Seminar April 22

Register at

6303 Ivy Lane, Suite 310 Greenbelt, MD 20770-6319

View the magazine online at

CVSA WORKSHOP April 21–25, 2013 | Louisville, KY



: EG Y

CALENDAR OF EVENTS Budget Committee Meeting April 21, 2013 | Louisville, KY executive Committee Meeting April 21, 2013 | Louisville, KY 2013 CVSa Workshop April 21-25, 2013 | Louisville, KY

Unifo uality,

a rmity


ement Enforc d n a Safety CMV in y c ten Consis


Make Plans Now! Plus, pre-conference events will enhance your learning experience… North American Cargo Securement Harmonization Public Forum April 21 Information Systems User Workshop April 21-22 Technology Impacts on CMV Driver Field of Vision Symposium April 22 IRP & IFTA Training Sessions April 22 Lifecycle of a Roadside Inspection Violation Seminar April 22

Register online at

Roadcheck 2013 June 4-6, 2013 Budget Committee Meeting August 19, 2013 | Salt Lake City, UT Summer executive Committee Meeting August 19, 2013 | Salt Lake City, UT naIC 2013 August 19-24, 2013 | Salt Lake City, UT

Learn more at

CVSA Guardian 1st Quarter 2013  

A Publication of the Commercial Vehicle Safety Alliance

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