Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page C1
GUARDIAN A Publication of the Commercial Vehicle Safety Alliance
Volume 21, Issue 1 1st Quarter 2014
Plus... Avoiding Unnecessary DataQs “Operation Safe Driver” Results & More!
SUBST AN TIA L IVE ESS PR IM
OD O G
THREE YEARS of CSA
BRINGS IMPRESSIVE SAFETY ACCOMPLISHMENTS
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:44 PM Page 1
PRESIDENT’S MESSAGE Communication is Key By Sgt. Tom Fuller, New York State Police
In my early years of attending Alliance conferences I was under the misperception that Executive Committee meetings were closed sessions. It was years before I discovered that any member could attend these meetings.
As you all know, one of my primary goals as President is the improvement of communications within the Alliance. Communications is a two-way street. The ﬁrst direction is the ﬂow of information from the Executive Committee down through the Regions, Locals or Associate Member representatives and out to the member jurisdictions or companies. Second, and just as important, is the ﬂow of information from our members and associate members up through their respective Regions, Locals, or Associate Member representatives, to the Executive Committee. In the past, the Alliance sent much of its updates to the lead jurisdiction contact via email. Some members commented that those emails did not make it down to everybody who needed the information. As a result, there are several improvements we are now making to more eﬃciently disseminate information to our members. One is through this publication. The Guardian, published quarterly, is an opportunity to get information out to all members through submitted articles. This helps to keep information ﬂowing in both directions. Any member or associate member that has useful information should submit articles for inclusion in the next issue. In this way, The Guardian is not just the voice of the Executive Committee; it is the voice of the entire Alliance. It is available to all of our members as well as the general public in both paper and electronic form. We also post some of the articles on social media, sharing them even more broadly. Another way the Alliance is making communications strides is by hosting webinars on topics of importance to our membership. These are live broadcast and recorded, so that members can access the information at any time. The CVSA staﬀ, in conjunction with a number of members and associate members, has produced several dozen webinars. Each one can be found at cvsa.org, and has been well received. Another avenue of communication that I strongly encourage all members to experience is attending the Executive Committee sessions at the CVSA Workshop and Annual Conference and Exhibition. In my early years of attending Alliance conferences I was under the misperception that Executive Committee meetings were closed sessions. It was years before I discovered that any member could attend these meetings. The following conference, I attended the Executive Committee meeting and found it to be extremely useful. I was able to watch the process of how action items were handled, seeing which were passed and which were voted down. I also gained a better
understanding of the thought process behind these decisions. During that particular meeting, an action item was brought forth by the Chair of the Hazardous Materials/Dangerous Goods Committee. I would have liked to comment on several questions that came up during the item’s discussion, but I was not sure if I was permitted to say anything. It was not until the end of the meeting that I learned I could have commented. The only thing I was not allowed to do was vote. These are a few examples of the types of miscommunication that I would like to clear up, as well as of how member input is welcomed at all levels of the Alliance. I encourage all members and associate members attending the CVSA Workshop in Los Angeles this April to attend the Executive Committee meeting. See ﬁrsthand how the process works and comment if you feel strongly about one of the action items being discussed. Your participation will bring the opinions and ideas of members to the attention of the Alliance leadership, enhancing their ability to make informed decisions that beneﬁt the full membership. For those who are unable to attend, please visit the CVSA website and read the committee meeting minutes to keep informed of the progress of the Alliance. Another path to having your voice heard is to bring issues to the attention of your Region, Local, or Associate Member President, who should be attending all Executive Committee meetings and serving as your voice on that committee. In particular, the Region Presidents are now taking on more responsibility to work towards the goal of improving the two-way ﬂow of communications within the Alliance. Additionally, any members considering running for Region Vice President should be cognizant that it requires a fair amount of time to fulﬁll the duties of the position. It is also incumbent on each member of the region to select a representative who will properly perform the duties and represent the majority opinion of the Region. In order to keep members better informed, I have instructed CVSA staﬀ to add to the website a section where we will post the meeting records and attendance of our elected oﬃcials. Finally, if you have questions, the contact information for each committee chair, program chair, international oﬃcer, Executive Committee member and the entire CVSA staﬀ can be found online at cvsa.org. If you have questions or something to oﬀer, please speak up! n
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 2
EXECUTIVE DIRECTOR’S MESSAGE CVSA Executive Committee Working for the Members By Stephen A. Keppler, CVSA, Executive Director
The opportunity to have open and constructive dialogue with key members of the Executive and Legislative branches of the U.S. Government has proved invaluable in helping to communicate on issues that are of importance to the membership and our mission.
This past December (December 3-4, 2013), for the third consecutive year CVSA’s Executive Committee held a Winter Meeting in Washington, DC. The Executive Committee historically has had its in-person meetings throughout the year in conjunction with CVSA conferences or events. While this still is the case, for each of the last three years an additional meeting has been held in Washington, DC. The purpose of this additional meeting has been threefold: 1. To engage with senior representatives of the Federal Motor Carrier Safety Administration and other organizations/partners as appropriate, 2. To engage with members of Congress on Capitol Hill, and 3. To have the Executive Committee meeting more focused on strategic discussions that are apart from the additional responsibilities and commitments associated with CVSA events. With each year this meeting has evolved and become more eﬀective. The opportunity to have open and constructive dialogue with key members of the Executive and Legislative branches of the U.S. Government has proved invaluable in helping to communicate on issues that are of importance to the membership and our mission. These conversations are helping to make a diﬀerence in our ability to aﬀect positive change in Washington. The credibility and reach of our organization continues to grow, and this has been possible because of the contributions and eﬀorts of the membership in being active, as well as the leadership of the Executive Committee. As for the Capitol Hill Meetings in December, CVSA Executive Committee Members and staﬀ had eight meetings, four with Congressional Members: Congressman Lou Barletta (PA), Senator Mark Pryor (AR), Congressman Rick Crawford (AR) and Congressman Bill Shuster (PA), who serves as
Chairman of the House Transportation & Infrastructure Committee. The other four meetings were held with key congressional committee staﬀ that work on matters of importance to CVSA. We also had a productive meeting with senior FMCSA oﬃcials, including Administrator Anne Ferro, Deputy Administrator Bill Bronrott, Chief Safety Oﬃcer Jack Van Steenburg, Associate Administrator for Enforcement Bill Quade, Associate Administrator for Policy Larry Minor, and several other key FMCSA staﬀ members. During this meeting the following topics were covered: Grants, the Technical Review Panel Process, Data Quality, the DataQs process, CSA, Aspen Modernization, CVSA priorities regarding the next DOT Authorization Bill, and Traﬃc Enforcement, to name a few. The December meeting also provided an opportunity for a special “Thank-You” reception with the CVSA sponsors, without whom we would not be able to do all that we do. Our sponsors not only provide muchneeded ﬁnancial support to the organization, but many of them contribute their “sweat equity” as well, as they believe in our mission and want to contribute to our success in multiple ways. All of the above activities, including the in-person Executive Committee meeting, took place over a 36 hour time period. It was an eﬃcient and eﬀective meeting, and I believe has proven thus far to be an important tool in our communications strategy with key decision-makers in Washington. The substance for the agendas of these meetings is a direct result of the deliberations that go on in the committee and program meetings at our events and on conference calls, as well as in some cases the surveys that we send out to all of you to complete. I want to thank each and every one of you who are spending the time and energy to contribute to the activities of your Alliance; it is being listened to and acted upon. n
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 3
LETTERS TO THE EDITOR The Towing Industry; In This Together By James M. Jennings, Emerald Transportation Corporation, President and Sunshine State Towing Association, Vice President
I am writing this article to represent a segment of the commercial motor vehicle industry that many equate to a visit to the dentist or to the undertaker: the towing industry and towing companies that service law enforcement and commercial motor vehicles. It is probably safe to say that our industry is looked upon by many carriers and owner operators as opportunists or thieves that are ready to pounce at a momentâ€™s notice and impound a truck from the highway or a parking lot and charge an outrageous fee before returning the unit to the owner. While there are bad apples in our industry as with any other industry, most are family run businesses that have been towing in their local communities for generations, just as many carriers have been in the trucking industry. Most are members of their State trucking and towing associations and contribute to their local communities through chamber events, charities, schools, and churches, donating their time and equipment to help their neighbors through diďŹƒcult times. In many areas of the country and especially in large municipalities, the rates that we charge are set by local government, be it city, county or through the State. We as an industry, believe it or not, are more regulated than most of the trucking industry. We fall under the same regulations from the Federal Motor Carrier Safety Administration as the trucking industry and our rates are regulated, and in some instances have not increased in seven years.
police-directed or non-consent tow, we do need the owner of the truck to provide proof of ownership before we can release the vehicle, and this is a law enforcement requirement. Many look upon this as the towing company just being diďŹƒcult and wanting to keep the truck or charge additional storage but that is not the case. We are members of the CVSA and our State trucking and towing associations, and we are constantly updating and improving our equipment and continually training and certifying our tow truck operators in incident management through our national association, the Towing & Recovery Association of America. In the State of Florida we have two towing associations, the Sunshine State Towing Association and The Professional Wrecker Operators of Florida, serving our members. I urge the membership of CVSA to contact your State and National towing associations with your concerns about our industry or any ideas that you may have to better our industry so that we can serve you, our customers, to the best of our ability. We daily face the same challenges as the trucking industry with labor, fuel, insurance, maintenance, and safety concerns. Like you, we are simply trying to survive and support our families and our employees. n
These regulated charges fall under policedirected or private property impound towing and may include a truck in an accident, abandonment, driver arrested or illegally parked. Unless we are called by the customer directly we cannot simply charge any rate that we wish. When we do impound a truck on a
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 4
LETTERS TO THE EDITOR Why We Do What We Do By Captain Bill Reese, Idaho State Police
“We do what we do because we are family, united in this important calling.” At times, we all wonder why we do what we do. I received an answer to this question at the North American Inspectors Competition (NAIC) in Salt Lake City in August 2013, when Trooper William Keane, a contestant representing the New York State Police, died of a heart attack during the competition. Commercial vehicle safety is a calling for me. This calling has given me many opportunities. One of those was representing my state in the NAIC in 1995. I met some great people and made some friends I still have today. The NAIC contestants represent the “best of the best” in the enforcement arena. I also discovered that we, on the enforcement side, are not the only ones with this calling. The professional truck drivers and their companies also share it. These drivers participate in the American Trucking Associations (ATA) National Truck Driving Championship (NTDC) and represent the “best of the best” in the trucking industry. NAIC is co-located with NTDC, which gives contestants at both events an opportunity to meet their professional counterparts. At last summer’s NAIC/ATA NTDC I had the privilege of being a judge at the NAIC Cargo Tank Inspection portion of the competition. This great opportunity reminded me of when I competed. The main diﬀerence I noticed was that these competitors are a lot smarter and better trained than I was. The same thing applies to the drivers participating in ATA’s NTDC. The drivers just keep getting better too. However, the competitions took a tragic turn Aug. 23, when Keane died. This sad and untimely event threw many people into action, including NAIC Chair Paul Tamburelli and New York State Police Sergeant Tom Fuller. Fuller and Keane were classmates at the New York State Police Academy and above all, they were friends.
Tamburelli told the Utah Department of Transportation and Utah Highway Patrol, the host agencies, that Keane suﬀered a fatal heart attack. Numerous personnel from both agencies came forward to help take care of Sharon Keane, the wife of the deceased who was in Salt Lake for the competition. Many also went to Fuller’s assistance. He now had the diﬃcult task of being the only New York State Police representative in Salt Lake City. He represented his department, while also making sure all of the proper arrangements were made for Keane to be returned to his family for burial. Many of us did anything we could to help lighten Fuller’s load and help him through this ordeal. Meanwhile, NAIC contestants honored Keane by selecting him to receive the John Youngblood Award of Excellence; Fuller accepted the award on his behalf. I had the honor of going with Fuller and Tamburelli when they presented the award to Sharon, along with a patch collection dedicated to her husband. When news of Keane’s death reached the ATA NTDC, the contestants all wore black armbands to honor him. At their banquet, the contestants emptied the breadbaskets on their tables and passed them around, ﬁlling them with money for Keane’s family. They raised more than $6,000. Fuller accompanied Keane’s body back to New York on Aug. 27, with the Utah Highway Patrol escorting them to the airport. As I reﬂect on this event, and why we do what we do, the answer is a simple but important one. When Keane died, we all lost a brother. We do what we do because we are family, united in this important calling. n
Trooper William Keane New York State Police May 30, 1957-August 23, 2013
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 5
KNOWLEDGE MATTERS Below 100: An Overview By Captain Travis Yates, Tulsa Police Department
merican Law Enforcement has suﬀered, on average, 165 line-ofduty deaths (LODD) per year for the last two decades. This constant and tragic statistic was the starting point of an idea that has grown into the successful “Below 100” training program that is catching on in the profession at a rapid rate and saving lives. By following its ﬁve simple tenets, law enforcement oﬃcials have helped LODD drop to a 60-year low. Dick Clark, a 50year law enforcement veteran and current State of Nevada Commission on Peace Oﬃcers’ Standards and Training Executive Director recently said, “Below 100 is the greatest thing that has ever happened in law enforcement.”
A Straightforward, Powerful Mission The mission of Below 100 is both straightforward and powerful: Reduce line-of-duty police deaths in the United States to less than 100 per year. To put this number in perspective, the last time this occurred was 1944, when 99 oﬃcers lost their lives while on duty. Below 100 targets the areas that account for high numbers of death and serious injury, and are most under an oﬃcer’s direct control. There are ﬁve tenets: • Wear your belt. • Wear your vest. • Watch your speed. • W.I.N.—What’s Important Now?
Humble Beginnings The ILEETA Conference is quite possibly the largest event for law enforcement trainers. In 2010, the conference was like many that came before it, but it was about to alter history. One evening, Dale Stockton, editor of Law Oﬃcer, had put together a dinner with various trainers, including myself. As we had casual conversation about recent events and our own agencies, I brought up something that had been bothering me for quite some time. Why did we see such a dramatic drop in line of duty deaths after the 1970s, when we lost an average of 240 oﬃcers per year, but then see rates stagnate for the following two decades? What I said next is now changing the culture of safety in law enforcement. “If we would just slow down, wear our seatbelts and clear intersections, we could get our line of duty deaths to below 100 a year.” It was a statement made out of frustration. I had no idea anything would come from it. A few weeks later, the phone rang. It was Stockton, who said that he took my statement back to his Law Oﬃcer colleagues and it had given them an idea. “Let’s put a course together and see what happens,” he told me. I was all in.
• Remember: Complacency kills! Gordon Graham, a 33-year law enforcement veteran and founder of Graham Research Consultants, has long told us, “If it’s predictable, it’s preventable.” Graham has become a strong advocate of Below 100 and his well-known phrase is the cornerstone of the program’s approach to saving lives. Consider the tenets when viewed from the predictable/preventable perspective: • Seat belts save lives, but only if they are used. We know from surveys and an extensive NHTSA study that approximately 50 percent of oﬃcers choose not to use their seat belt while working. • Body armor works, but only when it is worn. Best estimates from multiple sources indicate that 40 percent of oﬃcers in the U.S. work without body armor, either by choice or because they were not issued this basic piece of safety equipment. • Speed is the most common primary collision factor in fatal police crashes. Review the summaries on the Oﬃcer Down Memorial Page (www.ODMP.org) and you will ﬁnd ample evidence of this. The phrases, “went oﬀ the road,” “lost control,” and “struck a ﬁxed object” are common throughout the memorials.
“If it’s predictable, it’s preventable.”
• When oﬃcers lose focus on safety priorities, forgetting WIN, they are much more likely to be seriously injured or killed. WIN is essentially a decision process made famous by Coach Lou Holtz of Notre Dame football fame. Holtz told his players to ask the WIN question 35 times a day in every aspect of their lives. This process has relevance to the world of law enforcement. • Complacency is particularly deadly for oﬃcers. As Jeﬀ Chudwin, president of the Illinois Tactical Oﬃcers’ Association and a core Below 100 trainer has said, “Complacency is among the most dangerous and insidious threats we face because it lays us open to all the others.”
From Concept to Early Success The Below 100 program launched in 2011 with a series of “train the trainer” courses throughout the country, and those courses continue today. Since inception, we have certiﬁed more than 2,000 trainers and are active in virtually every state. The trainer sessions empowered others to go out and share the life-saving message of Below 100, spreading the message organically. Some individual trainers have trained thousands and others played an integral role in getting the training to every oﬃcer in their state. Pennsylvania and Wisconsin are just a few examples of places where the message has spread to everyone wearing a badge. The ﬁrst few years of the program have been encouraging. Our profession lost 160 oﬃcers in 2010 and 166 in 2011. In 2012, the ﬁrst full year since our “train the trainer” courses began, we saw a 50-year low of 122 line-of-duty deaths. The following year, we saw something nobody wearing a badge today had seen—that number dropped to 106. While those deaths are still tragic, it is the lowest number of LODD since 1944.
What’s Next The work continues and indeed we still see senseless deaths, but through the eﬀorts of thousands spreading the Below 100 message, law enforcement can continue to evolve towards a much safer culture. To schedule a Below 100 training or ﬁnd out more about the program, visit www.Below100.com. n
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 6
KNOWLEDGE MATTERS Treadlight Project Re-examines Assumptions About Weight Distribution By Jeremy Moore, The Treadlight Project
n 1913, several States realized that they had a problem. The steel and solid rubber wheels of heavy trucks were damaging earth and gravel roads, which were expensive to repair. Their solution was to create the ﬁrst legal weight restrictions on heavy trucks. By 1933, all States had enacted some form of truck weight regulations, and national regulations were created as part of the Federal-Aid Highway Act of 1956. These regulations were a perfectly logical solution to the problem at hand. They even had a beneﬁcial eﬀect on overall public safety, since an overloaded truck is inherently harder to handle and potentially more dangerous. Subsequently, as roads and bridges became more robust and costly to build, appropriate laws were adopted at State and Federal levels to protect them. Facing the possibility of hefty ﬁnes and delays, it is no surprise that ﬂeets and drivers pay close attention to making sure that their heavy vehicles meet these legal weight restrictions. However, the founders of The Treadlight Project believe that these restrictions do not necessarily oﬀer the best standard when it comes to the weight distribution of tractortrailers with adjustable trailer axles. The main priority of these laws is to protect roads and infrastructure and minimize dangerously overloaded vehicles, not necessarily to promote the most eﬃcient use of heavy trucks. Treadlight promotes going beyond “getting legal” to “getting balanced” and, by doing so, a driver will reap safety and fuel eﬃciency beneﬁts. Spreading the load across the drive and trailer axle groups allows each tire to minimize its rolling resistance, a property that accounts for roughly one-third of the power needed to propel a truck at highway speeds.
Treadlight promotes going beyond “getting legal” to “getting balanced” and, by doing so, a driver will reap safety and fuel eﬃciency beneﬁts.
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 7
Pros and Cons of “Getting Balanced” Many veteran drivers routinely balance their rig by adjusting their trailer tandems and ﬁfth wheel, especially with heavier loads. However, most driving schools only explain the basic mechanics of how to adjust a load and then only to comply with regulations. Since the schools don’t dwell any further on the topic, most new drivers aren’t aware that veteran drivers take the process a step further and make sure that their axle weights not only meet legal requirements, but are also as evenly balanced as possible. With the onslaught of new drivers entering the industry each year having only cursory knowledge about weight distribution, the focus is unlikely to shift from “getting legal” to “getting balanced” on its own. They don’t realize that a few extra steps could result in a smoother ride and better handling, as explained by users of The Treadlight Project’s social media pages. On Facebook, one project participant stated, “Before [balancing], the truck felt like it was pulling a trailer. I don't really know how else to explain it but I could tell I was dragging it. After the shift, the truck and trailer felt more like one unit. Think of it like dragging a sled before, and with the shift, more like carrying it on your shoulders. That’s what it felt like.” Another participant wrote on Twitter, “Picked up a load, only 17k, tandems at 45' on a 53' van. Slid up to 40' mark for a smoother ride. It's always about balance!” These results also have obvious implications for safety. Think of a moving truck as a playing dart. Imagine throwing that dart with the feathers pointing toward the dartboard. It’s going to want to ﬂip around in ﬂight. If a trailer is carrying more weight in its axles than in its drives—a perfectly legal conﬁguration—it could set up a dangerous situation for a truck in an emergency maneuver. In his 2002 article, “Pound for Pound” in Overdrive Magazine, John Baxter, summarized: With either air or a spring suspension, overloading will defeat the suspension’s ability to reduce the frequency of the vibrations coming up from the road. This is a basic key to a smooth ride, which minimizes the stresses on both the trailer components and the load itself. Overloaded suspensions are also more likely to create vibrations that would tend to shift the load, which could aggravate the situation further.
Of course, one drawback could be extra time. If “getting legal” takes time, “getting balanced” takes more. Often, loads are not uniform from the front of the trailer to the back. Therefore, calculating axle weights and the necessary adjustments can present a challenge. When deadlines are critical, time spent at the scale can seem like a waste. Another project participant related an anecdote that suggests that a small investment of time at the beginning of a trip pays oﬀ in the end. “I balanced my load and the other truck I was traveling with only made his legal. The loads weren’t particularly heavy, around 33k, but he couldn’t keep up with me,” wrote the participant on Facebook. “He questioned me on the CB about it and I told him I could ﬁx it, so we pulled over at the next rest stop and I put his tandems in the same position as mine. The rest of the trip he was able to keep up.” Another potential drawback of balancing loads, especially ones that might not present a legal problem, is the cost of scaling a truck. However, reports suggest a powerful incentive: increased fuel eﬃciency, which could compensate for the added expense. In 2005, an SmartWay Success Story reported that Hannaford Trucking Company in Maine increased fuel eﬃciency after hiring a veteran driver to train their employees on proper weight distribution. (epa.gov/region1/eco/diesel/pdfs/ Hannaford-SS.pdf) A few ﬁnal tips on getting balanced: • Use the scales to make sure that your rig is accurately distributed between your drive axles and trailer axles, and • Give yourself a little bit of extra weight on the drives so that your rig becomes more balanced as you drive down the road. For further information, visit TheTreadlightProject.org, or follow the project on Twitter (@TreadlightPRJ) or Facebook (Facebook.com/TheTreadlightProject). n
CAll FOR GUARDIAN SUBMISSIONS CVSA is always looking for interesting, relevant content for its quarterly magazine. We would be happy to consider your news, ideas, insights and articles on the issues facing the commercial vehicle safety community for upcoming editions of Guardian! Deadline for Second Quarter 2014 issue: April 8, 2014 Questions? Please contact firstname.lastname@example.org or CVSA at 301-830-6143
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 8
CO V E R S T O R Y
✓ Compliance ❒ ✓ Safety ❒ ✓ Accountability ❒
THREE YEARS OF CSA BRINGS IMPRESSIVE SAFETY ACCOMPLISHMENTS FMCSA Program Engages Stakeholders in Saving lives By Anne Ferro, FMCSA Administrator, Washington, D.C.
SUBST AN TIA L
Three years after the launch of our new safety compliance and enforcement program, Compliance, Safety, Accountability (CSA), we are IVE ESS PR IM
seeing clear results and our nation’s roads and highways are safer than ever before. Data from roadside inspections show motor carriers and drivers have improved their safety compliance. Additionally, vehicle and driver violations per roadside inspection are on the decline.
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 9
CO V E R S T O R Y
his year alone, under “Operation Quick Strike,” the Federal Motor Carrier Safety Administration (FMCSA) shut down 52 bus companies and placed 340 operators out of service. Inspectors targeted these carriers for investigation using the CSA prioritization protocols. Even with such large-scale eﬀorts, approximately 4,000 people were killed and another 79,000 injured in large truck and bus crashes in 2012. We can and must do more.
CSA Reaches More Carriers, Earlier CSA is helping us do just that. The program enables FMCSA and our State Partners to better leverage resources to reach carriers with the highest safety risk earlier and to address problems before crashes occur. With CSA, we have expanded the types and number of interventions used to reach greater numbers of at-risk operators. CSA interventions range from warning letters for carriers with emerging problems to Onsite Comprehensive Investigations for carriers with serious compliance issues. In this way, we are reaching more carriers than ever before. In fact, since CSA rolled out, FMCSA has sent warning letters to more than 86,000 carriers, alerting them to safety performance problems. Each year, we conduct more than 20,000 investigations. CSA intervention tools enhance this process, enabling Safety Investigators, or SIs, to move beyond fact-ﬁnding and veriﬁcation of violations to a deeper understanding of why the violations occurred and how to correct them. To support our SIs, motor carriers, and drivers in that process, we developed the Safety Management Cycle, along with training for our SIs and informational materials, now available for industry use on the CSA website, csa.fmcsa.dot.gov. Motor carrier awareness is at an all-time high with 68 million visits to the CSA’s Safety Measurement System (SMS) site – 20 million over the year before and twice the number of visits two years ago. A robust system, the SMS regularly evaluates carrier safety and compliance performance using data from all roadside inspections and State-reported crashes. That means each year roadside inspection and crash data from at least 3.5 million inspections and 130,000 Police Accident Reports feed into the SMS to identify noncompliant and at-risk carriers. Proving the point that “what gets measured gets done,” the SMS helps FMCSA better identify high-risk carriers and prioritize them for interventions. The SMS covers safety
behavior categories, such as vehicle maintenance and unsafe driving, which we call BASICs for short. We have suﬃcient data to assess approximately 200,000 carriers, which account for 80 percent of commercial motor vehicles, yet are involved in 92 percent of reportable crashes. The SMS also helps motor carriers regularly monitor their safety and compliance records dating as far as two years back, and to pinpoint areas for improvement.
FMCSA Is listening: Collaborative, Research-Based Development FMCSA designed the SMS to improve over time as new user input, better data and technology, and additional analysis became available. FMCSA enhanced the SMS following the CSA Operational Model Test in 2010, and again following the SMS Package 1 Preview in 2012. The SMS Package 1 changes came about, in part, from stakeholder input following a preview period during which 19,000 carriers and 2,900 enforcement personnel reviewed SMS data. SMS Package 1 included 11 improvements. One improvement, for example, was to put load securement violations into the Vehicle Maintenance BASIC and eliminate the CargoRelated BASIC to better identify any carrier with load securement or vehicle maintenance issues. In our latest outreach eﬀort, FMCSA invited carriers, industry, and the public to consider changes to the display of information on the SMS website. The Agency requested comments on these display changes in a Federal Register notice published November 5, 2013. The comment period closed on Jan. 21, 2014. FMCSA continues to review and consider comments received through the Federal Register notice and will provide a formal response later this year. We have scheduled the proposed display changes for implementation this summer. The proposed display changes will advance the Agency’s safety mission by providing easier, more intuitive navigation and user-friendly features to clarify the SMS’s role as a prioritization tool for CSA interventions. Although the latest proposed display changes would not change the SMS methodology, the Agency is considering making changes to the methodology in the future, including addressing the utilization factor, severity weights, the HM Compliance BASIC, and safety event groups. FMCSA is currently conducting two CSA eﬀectiveness studies, both of which will undergo peer review. One study looks at whether the SMS is eﬀectively prioritizing the carriers that pose the highest risk to safety. A second, broader study focuses on the overall CSA Program and includes an assessment of the new enforcement
6. Meaningful Action START
1. Policies and Procedures
5. Monitoring and Tracking Safety Management Cycle
2. Roles and Responsibilities
4. Training and Communication 3. Qualification and Hiring
interventions. We expect to release the SMS eﬀectiveness study in early 2014, followed by the CSA eﬀectiveness study later in the year. In other news, we also expect to publish the Safety Fitness Determination (SFD) Rule component of the CSA program for notice and comment this year. SFD will allow FMCSA to identify and remove more unsafe carriers and drivers from our nation’s roads. These are all part of FMCSA’s dedication to collaborative, transparent, and research-based development of CSA. You can continue to expect ﬁeld-testing, peer-reviewed research, listening sessions, interactive webinars, and previews of program changes to gain input from enforcement, industry, and other safety stakeholders ahead of implementation.
CSA Builds a National Safety Culture Safety compliance is saving lives every day. With 5 million truck and bus drivers sharing the road with more than 250 million motorists, the stakes are high, so FMCSA is launching “Get Road Smart,” a new CSA communication campaign to build a national culture of safety. We depend on you, our ﬁeld staﬀ and State Partners who serve on the front lines, to spread the word about CSA and Get Road Smart, helping America’s motor carriers and commercial drivers keep their focus on safety. Learn more about Get Road Smart on the CSA website, where we will have regular updates and a new Driver Safety Education Center. At FMCSA, safety is “Job #1,” and everything we do is safety focused. We are committed to CSA and to our collaborative work with all commercial motor vehicle safety stakeholders to continuously improve our programs, sharpen our focus on unsafe carriers, and improve the safety of America’s large truck and bus industry. Lives depend on it and the public deserves no less. Your work to support safer roads truly matters. Thank you for helping us to keep the nation’s highways safer for everyone. n
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 10
GOV ER NMEN T NE W S
ASK THE FMCSA ADMINISTRATOR Each edition, Federal Motor Carrier Safety Administrator Anne S. Ferro answers your questions.
Recently FMCSA published a notice in the Federal Register notifying drivers they should continue to carry the hard copy of their medical card until Jan. 30, 2015. How does this impact enforcement at roadside? A: The FMCSA recently amended its regulations to keep in eﬀect until Jan. 30, 2015, the requirement for interstate CDL drivers to retain paper copies of their medical examiner’s certiﬁcate. This applies to drivers who are subject to the commercial driver’s license (CDL) or the commercial learner’s permit (CLP) regulations, as well as the Federal physical qualiﬁcation requirements. Interstate motor carriers are also required to retain copies of their drivers’ medical certiﬁcates in their driver qualiﬁcation ﬁles. FMCSA took this action to ensure enforcement oﬃcials have access to the medical certiﬁcate information on CDL holders until all States are able to post the medical self-certiﬁcation and medical examiner’s certiﬁcate data on the Commercial Driver’s License Information System (CDLIS) driver record. This rule does not, however, extend the compliance date of Jan. 30, 2014, for the States to collect and to post to the CDLIS driver record the CDL holder’s selfcertiﬁcation about applicable physical qualiﬁcation standards and the medical examiner’s certiﬁcate. The direct impact at roadside for Commercial Motor Vehicle Enforcement oﬃcers is that they may check the CDL and CLP drivers’ paper medical certiﬁcate or the state CDLIS record. This is being done to ensure that drivers and carriers are not improperly cited for not having medical certiﬁcate information from the CDL record because the State issuing the CDL or CLP has not yet posted the information. While drivers are required to carry their paper medical card, the important point to stress is that roadside enforcement oﬃcers should have access to the driver’s current medical certiﬁcate information. Therefore, if the information is available on the CDL record, a driver shouldn’t be cited even if they don’t have their medical card at the time of an inspection. On the other hand, if the medical certiﬁcate information is not available from the CDL record, then the medical card has to be available at the time of inspection.
What is FMCSA doing to encourage CVSA members (i.e., MCSAP partners) and non-MCSAP oﬃcers to increase traﬃc enforcement activities? A: High visibility traﬃc enforcement activities serve as a deterrent to unsafe driving behaviors for all drivers. In 2012, at least 34 percent of large truck occupants killed in crashes did not wear seat belts. And in 20 percent of truck crashes with at least one truck occupant fatality, the truck’s speed was a factor related to the crash. In fact, most crashes are caused by unsafe driving behaviors such as speeding, following too closely, reckless and impaired driving, and driving while distracted. These are driver behaviors that can be changed by highly visible traﬃc enforcement. Last year, FMCSA partnered with the International Association of Chiefs of Police (IACP) for the “Interstate 80 Challenge,” an 11 state campaign to increase high visibility enforcement along the Interstate 80 corridor for eight days during the busy month of July. This year, we plan on joining IACP on another nationwide driver education and enforcement campaign similar to CVSA’s successful Operation Safe Driver. This campaign, called “Drive to Zero Highway Deaths,” will focus on education and awareness, high visibility traﬃc enforcement and expanded partnership for the entire 2014 calendar year. The truth is, we need all law enforcement oﬃcers to engage in high visibility traﬃc enforcement. The Drive to Zero Highway Deaths campaign will be successful when State, county and local law enforcement oﬃcers, along with FMCSA and MCSAP, work together to signiﬁcantly reduce highway deaths. For more information on the Drive to Zero Highway Deaths campaign, contact Brandon Gardner via email at email@example.com. Recent truck and bus crashes remind us that our work is never complete. I am grateful for your vigilance when it comes to safety, every day and throughout the year. n
Have a question? Send it to AskFMCSA@dot.gov.
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 11
GOV ER NMEN T NE W S
FMCSA Proposes to Improve Reporting FMCSA Establishing Minimum of Inspection Violation Data DataQs Review Periods The Federal Motor Carrier Safety Administration (FMCSA) continually works to identify opportunities to improve the quality of our safety data. On December 2, 2013, FMCSA published a notice in the Federal Register proposing technical changes that would allow the Agency to address violations that are adjudicated in State and local courts. The proposed changes are intended to improve the quality and uniformity of roadside inspection data across FMCSA systems. FMCSA received more than 110 comments from key stakeholders, including motor carriers, commercial drivers, State law enforcement, and industry interest groups. After careful review and consideration of the comments, FMCSA intends to continue making progress on changes to State and Federal data systems to allow entry of information concerning the results of citations adjudicated in State and local courts. These changes involve creation of a new data ﬁeld that would allow the outcome of contested citations to be entered in the Motor Carrier Management Information System (MCMIS) database. Entries in the new data ﬁeld will impact how violations that have been adjudicated are displayed and used in the Safety Measurement System and the PreEmployment Screening Program. The inclusion of this data will not alter the information submitted in the original roadside inspection reports. As a result of the proposed changes, motor carriers and drivers will be able to request inclusion of adjudication information for citations associated with violations in MCMIS inspection reports by submitting Requests for Data Review (RDRs) through FMCSA’s DataQs system (https://dataqs.fmcsa.dot.gov). Motor carriers and drivers would have to provide certiﬁed court documentation through the online DataQs process in order for the States to review the RDRs and record the court outcomes. The Federal Register Notice sought comment on prospective application of the proposed changes. The Federal Register Notice provides additional information about FMCSA’s proposed changes to its data systems and policy on adjudicated citations at https://federalregister.gov/a/2013-28795. n
By Brandon Poarch, Chief State Programs Division, FMCSA If inspections are the foundation of the Motor Carrier Safety Assistance Program (MCSAP), then consistency in those inspections is one of its cornerstones. For years, State and local enforcement agencies, CVSA, and FMCSA have worked together to ensure the application of consistent inspection procedures at roadside. However, consistency goes beyond the components of an inspection, the placement of a CVSA decal, or the enforcement of “Out Of Service” criteria. Accordingly, FMCSA recently issued a policy to increase consistency in State data reviews requested through FMCSA’s DataQs system. Inspection results populate the Motor Carrier Management Information System (MCMIS) database, which is used by the Safety Measurement System (SMS) and the Pre-Employment Screening Program (PSP). Ensuring that inspection records are accurate and complete is essential to the eﬀectiveness of these programs, and the reason that FMCSA established the DataQs program, which provides a mechanism for individuals to seek data correction on both State and Federal records submitted to FMCSA databases. Since January 2010, drivers and carriers have submitted to States more than 110,000 Requests for Data Reviews (RDR) through DataQs. Of that number, well over half resulted in a correction of the record by a State. Currently, State policies vary on the amount of time after an inspection or crash during which they will accept an RDR. Such varying timeframes could create confusion and inconsistent application of the nationwide data correction system. To ensure a more consistent data correction process, FMCSA is establishing a minimum window of time following a crash or inspection in which a State shall consider RDRs. State compliance with these time periods will be incorporated into State MCSAP agreements. The standardized time periods will only apply to inspections and crashes occurring on or after April 1, 2014. As of April 1, States must accept and conduct a good faith review of all inspection-related RDRs for three years after the date of an inspection and, for all crash-related RDRs, for ﬁve years after the date of the crash. FMCSA selected these time periods to be consistent with the length of time that inspection and crash information appear on a driver’s preemployment screening program report and are used in SMS. We understand that timely submission of RDRs is critical for a fair and thorough review by States, and this will continue to be a major part of FMCSA’s outreach to carriers and drivers. Currently, 83 percent of all RDRs concern an event that occurred in the previous 12 months; 53 percent are for an event in the previous 3 months. However, some data errors may not be realized until a driver or carrier actually runs a PSP report, delaying the ﬁling of a request for data review. FMCSA is conﬁdent that this policy will help ensure that States apply uniform timeframes for accepting requests for data corrections regardless of where in the country an inspection or crash occurs. For more information, please contact your respective FMCSA Division Administrator or Brandon Poarch, Chief, FMCSA State Programs Division at firstname.lastname@example.org. n
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 12
GOV ER NMEN T NE W S
National Infrastructure Protection Plan NIPP 2013: Partnering for Critical Infrastructure Security and Resilience
NIPP 2013 Key Concepts • Provides an updated approach to critical infrastructure security and resilience • Greater focus on integration of cyber and physical security eﬀorts
Our Nation’s well-being relies upon secure and resilient critical infrastructure—the assets, systems, and networks that underpin American society. The National Infrastructure Protection Plan (NIPP) – NIPP 2013: Partnering for Critical Infrastructure Security and Resilience – outlines how government and private sector participants in the critical infrastructure community work together to manage risks and achieve security and resilience outcomes.
• Closer alignment to national preparedness eﬀorts • Increased focus on cross sector and cross jurisdictional coordination to achieve results • Integration of information-sharing as an essential component of the risk management framework • Recognizes the key role and knowledge of critical infrastructure owners and operators • Integrates eﬀorts by all levels of government, private, and nonproﬁt sectors by providing an inclusive partnership framework and recognizing unique expertise and capabilities each participant brings to the national eﬀort • Reﬂects today’s integrated all-hazards environment • Grounded in business principles and existing policy • Drives action toward long-term improvement
NIPP 2013 represents an evolution from concepts introduced in the initial version of the NIPP released in 2006. The updated National Plan is streamlined and adaptable to the current risk, policy, and strategic environments. It provides the foundation for an integrated and collaborative approach to achieve a vision of: A Nation in which physical and cyber critical infrastructure remain secure and resilient, with vulnerabilities reduced, consequences minimized, threats identiﬁed and disrupted, and response and recovery hastened.
For more information, visit www.dhs.gov/nipp. n
NIPP 2013 was issued in response to Presidential Policy Directive-21 on Critical Infrastructure Security and Resilience and was developed through a collaborative process involving stakeholders from all 16 critical infrastructure sectors, all 50 states, and from all levels of government and industry. It provides a clear call to action to leverage partnerships, innovate for risk management, and focus on outcomes.
Did you know you can read GUARDIAN & SAFETY EXCHANGE online? It’s easy to share the links with your colleagues so they, too, can stay up to date on the latest CVSA and industry news. GUARDIAN A Publication of the
Volume 20, Issue 3 3rd Quarter 2013
Focusing on Driver Performance to Save Lives
Inside… NAIC Awards Roadcheck Results And More!
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 13
GOV ER NMEN T NE W S
NTSB Calls for Improved Oversight of Unsafe Operators By Eric Weiss, National Transportation Safety Board In November 2013, the National Transportation Safety Board (NTSB) released the accident investigation dockets, totaling more than 2,100 pages, from four commercial motor vehicle crashes that, together, resulted in 25 deaths and injuries to 73 people. The crashes occurred near Pendleton, Oregon; San Bernardino, California; Elizabethtown, Kentucky; and Murfreesboro, Tennessee. All raised concern about the oversight of motorcoach and trucking industry operations across the United States. In each investigation, the NTSB identiﬁed safety deﬁciencies and “red ﬂags” that had been present prior to the crash yet went unnoticed or were not acted upon by safety regulators until after the fatal crashes occurred. As a result, the NTSB issued a safety recommendation letter to the U.S. Department of Transportation (DOT) asking for audits of the internal processes at the Federal Motor Carrier Safety Administration (FMCSA) to determine the root causes of failures in the FMCSA oversight process and to require the agency to take action to correct the deﬁciencies.
The following summarizes the four crashes investigated and some of the oversight deﬁciencies identiﬁed:
Pendleton, Oregon (Dec. 30, 2012) The ﬁrst crash investigated occurred December 30, 2012, near Pendleton, Oregon, about 210 miles east of Portland. A motorcoach operated by Canadian carrier Mi Joo Tour & Travel was traveling westbound on Interstate 84 as snow and ice accumulated on the highway. The motorcoach encountered ice, slid oﬀ the roadway, struck a roadside barrier, went down an embankment, overturned, and came to rest at the bottom of a steep slope. As a result, nine of the 41 motorcoach occupants died. The driver and an additional 26 passengers were transported to area hospitals for treatment of injuries, many serious. The post-crash investigation indicated that the Continued on next page
NTSB accident investigation: Pendleton, Oregon, ﬁnal rest scene. Photo courtesy of the Oregon State Police. FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 14
GOV ER NMEN T NE W S
Continued from page 13
NTSB accident investigation: San Bernardino, California, ﬁnal rest scene. Photo courtesy of the California Highway Patrol.
motorcoach had been traveling too fast for the weather and roadway conditions. In addition, the driver was unsafely operating the motorcoach with the transmission retarder engaged. A review of the driver’s logbook indicated that the driver was in violation of federal hours-ofservice (HOS) regulations and that fatigue most likely contributed to the operational errors. The NTSB post-crash review of Mi Joo Tour & Travel identiﬁed numerous longstanding safety deﬁciencies on the part of the carrier. These included not monitoring HOS, having no preventative maintenance program for its vehicles, and having no safety management review procedures, hiring procedures, or inservice training for its drivers. Immediately after the crash, the FMCSA declared Mi Joo Tour & Travel an “imminent hazard” and issued the company an out-ofservice order. However, the FMCSA had rated the carrier “Satisfactory” during its most recent safety compliance review of the company prior to the crash.
San Bernardino, California (Feb. 3, 2013) The NTSB investigated a second multiple fatality motorcoach crash, near San Bernardino, California, February 3, 2013. A motorcoach, operated by the Mexican-owned motor carrier Scapadas Magicas, was returning from a trip to Big Bear Resort, traveling westbound on State Route 38 in a mountainous area of the San Bernardino National Forest. As the motorcoach continued downhill, the driver had diﬃcultly slowing and lost control of the bus. The motorcoach collided with the rear of a passenger car, crossed into the opposing lane of travel, struck an embankment and overturned. The motorcoach then collided with a Ford pickup truck towing a utility trailer. The motorcoach and the pickup truck were redirected into the westbound lanes, where the bus rolled upright, struck a boulder, and came to rest blocking both lanes of the highway. Seven motorcoach passengers were fatally injured, the driver and 11 passengers were
seriously injured, and 22 other passengers received minor-to-moderate injuries. The passenger car’s three occupants were injured, and the pickup truck driver died as a result of the crash. The post-crash investigation identiﬁed numerous mechanical problems that directly contributed to the crash. Investigators identiﬁed vehicle mechanical deﬁciencies for all six brakes and would have qualiﬁed the brakes as defective. The lack of braking capability led to the driver’s loss of vehicle control as the motorcoach traveled downhill. Further review by the NTSB identiﬁed a serious lack of safety management controls on the part of Scapadas Magicas. The company had no systemic preventative maintenance program for its vehicles and no written safety policies for its drivers. The review also showed that, when undergoing roadside inspections in the year before the crash, Scapadas Magicas motorcoaches had been placed out-of-service more than 40 percent of the time.
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 15
GOV ER NMEN T NE W S
Following the crash, the FMCSA declared Scapadas Magicas an “imminent hazard” and issued it an out-of-service order. Yet, less than a month before the fatal crash, on January 9, 2013, the FMCSA had completed a full compliance review of Scapadas Magicas because the company had an “alert” indicating vehicle maintenance problems. The FMCSA rated the company as “Satisfactory,” although it inspected no motorcoaches during the review and did not inspect many of the business records because they were at the company’s principal place of business in Tijuana, Mexico.
compliance with HOS regulations. The FMCSA conducted this focused review, rather than a full compliance review, even though each of the prior reviews of the company had found driverrelated violations, and the carrier had a longstanding history of driver HOS violations. Following the March 2013 crash, the FMCSA completed a full compliance review of the motor carrier, which resulted in an “Unsatisfactory” rating. It then, post-crash, issued an “Imminent Hazard” out-of-service order to Highway Star for not monitoring driver HOS, permitting drivers to falsify records of duty status, and failing to preserve records of duty.
Elizabethtown, Kentucky (March 2, 2013)
Murfreesboro, Tennessee ( June 13, 2013)
On March 2, 2013, a commercial truck operated by Highway Star, a motor carrier based in Troy, Michigan, collided with two passenger vehicles near Elizabethtown, Kentucky. The freightcarrying truck-tractor semitrailer was traveling northbound on Interstate 65 at about 67 mph when it approached slowing traﬃc ahead. Despite a straight roadway, with a clear line of sight, the truck driver did not brake until just prior to colliding with the rear of a 1999 Ford Expedition. Upon impact, the Ford burst into ﬂames, and six of its eight occupants died as a result of the crash.
On June 13, 2013, a similar commercial motor vehicle crash occurred in Murfreesboro, Tennessee. A truck-tractor in combination with a semitrailer, operated by the Louisville, Kentuckybased carrier H & O Transport, collided with eight other vehicles that had slowed in the eastbound traﬃc lanes of Interstate 24. The collisions caused two fatalities in a passenger vehicle that overturned and was consumed by ﬁre, as well as injuries to six occupants of other vehicles involved in the crash.
The NTSB investigation determined that the truck driver had been falsifying his logbooks and had two sets of logs in the tractor cab. Further review showed that the driver had been driving for 10 consecutive days and had been in violation of federal HOS regulations for several days leading up to the crash. Examination of the truck driver’s sleep and work schedule showed that he was most likely fatigued at the time of the crash, which provides a possible explanation for his delayed reaction to the traﬃc queue in front of him. NTSB investigators also conducted a follow-up investigation at the Highway Star base of operations in Michigan. In a review of the records for seven other company drivers, NTSB investigators found that all had falsiﬁed their logbooks. Additionally, investigators determined that Highway Star management routinely scheduled its drivers to make delivery trips that required them to violate HOS regulations. The FMCSA had completed an oversight review of Highway Star ﬁve days before the crash. A focused, non-rated compliance review, it did not examine records related to driver
Through review of the truck driver’s logbooks, NTSB investigators found that he was in violation of HOS regulations. The driver’s excessive driving schedule and the fact that the crash occurred during the early morning hours indicated he was most likely fatigued at the time of the crash. The NTSB investigators reviewed the driver logbook history for the crash driver and four additional company drivers for the months preceding the crash and identiﬁed 14 HOS violations. They also examined 386 logbook pages for March 2013 through June 2013 and identiﬁed 134 false log entries, equaling false entries on 34 percent of the pages examined. Despite H & O Transport’s history of HOS violations, the FMCSA had not considered these issues during the most recent safety review of the company, completed in June 2011.
Concerns Raised In summary, with respect to these commercial vehicle crashes, the NTSB found concerns associated with the thoroughness and quality assurance of the compliance reviews conducted by FMCSA investigators. Additionally of concern is the FMCSA’s increasing reliance on focused compliance reviews, which examine only a selected portion of the commercial operation, rather than full compliance reviews. Consequently, the NTSB is issuing two recommendations to the DOT calling on it to conduct audits on these oversight activities and to address any problems uncovered by the audits. Additional information about these speciﬁc crashes is accessible in the NTSB public docket for these investigations, at www.ntsb.gov/investigations/dms.html, under the following report numbers: HWY-13FH-005 (Pendleton, Ore.), HWY-13-FH-007 (San Bernardino, Calif.), HWY-13-FH-008 (Elizabethtown, Ky.), and HWY-13-FH-015 (Murfreesboro, Tenn.). A copy of the letter issuing Safety Recommendations H-13-39 and -40 is available at http://www.ntsb.gov/doclib/recletters/2013/ H-13-039-040.pdf. n
NTSB Most Wanted list • Address Unique Characteristics of Helicopter Operations • Advance Passenger Vessel Safety • Eliminate Distraction in Transportation • Eliminate Substance-Impaired Driving • Enhance Pipeline Safety • Improve Fire Safety in Transportation • General Aviation: Identify and Communicate Hazardous Weather • Implement Positive Train Control Systems • Promote Operational Safety in Rail Mass Transit • Strengthen Occupant Protection in Transportation http://www.ntsb.gov/safety/mwl.html
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 16
GOV ER NMEN T NE W S
THE LEGISLATIVE & REGULATORY RUNDOWN By Adrienne Gildea, CVSA, Director, Policy & Government Aﬀairs
Implementing MAP-21 and Preparing for Reauthorization The current surface transportation bill, the Moving Ahead for Progress in the 21st Century Act, or MAP-21, expires Sept. 30 of this year. This means that Congress has around seven months to develop, debate, and pass a new highway transportation bill. Historically, passage of the transportation bill has been slow-going, necessitating passage of a series of extensions. While many transportation stakeholders expect Congress to turn once again to extensions as MAP-21 expires, House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) has set a goal for his committee, aiming to have a bill on the House ﬂoor in August. In an eﬀort to meet this deadline, the full committee oﬃcially kicked oﬀ its reauthorization process in January with a hearing on “Building the Foundation for Surface Transportation Reauthorization.” That hearing, the ﬁrst of many the committee will hold as it begins to consider proposals for the next transportation bill, focused primarily on the need for a long-term, fully funded bill. Just two weeks later, the Subcommittee on Highways and Transit held a hearing on “Improving the Eﬀectiveness of Federal Transportation Safety Grant Programs.” The subcommittee invited Commercial Vehicle Safety Alliance President Sgt. Tom Fuller, of the New York State Police, to testify. In his remarks, Sgt. Fuller focused on CVSA’s recommendations for improving the MCSAP program, both in terms of administrative process and broader policy direction. The recommendations were taken from the CVSA Reauthorization Policy Positions, which were approved by the Executive Committee last year. Sgt. Fuller made several recommendations intended to streamline and improve the current MCSAP grant application process. He also spoke to the need for increased ﬂexibility for the States, as well as the need for improved clarity within the regulations. His testimony also included CVSA’s long held position opposing legislative exemptions from federal safety regulations. Finally, Sgt. Fuller reminded the Committee of the importance of providing States with funding commensurate
with the responsibilities placed upon them. He noted that while the regulations continue to grow in terms of workload, funding has remained largely stagnant. This puts a greater strain on States, he said, and negatively impacts program eﬀectiveness and safety.
provided participants with an overview of the policy development process, and then walked attendees through each of the recommendations. Martin is Chair of the Alliance’s Program Initiatives Committee and served as Chair of the Reauthorization Task Force.
Following the hearing, CVSA staﬀ held meetings with Congressional oﬃces to reinforce Sgt. Fuller’s remarks and to press for a number of reforms in the next bill. CVSA has received some very positive responses from members of the Transportation and Infrastructure Committee and are hopeful that we will see a number of our recommendations included in the next bill, when Congress is able to move one forward.
Meanwhile, FMCSA has been making progress on a number of major initiatives. The agency’s proposed Drug & Alcohol Clearinghouse rule was published in February. In it, the agency proposes to create a central database for veriﬁed positive controlled substances and alcohol test results for commercial driver´s license (CDL) holders and refusals by drivers to submit to testing.
The issue of funding remains the primary impediment to moving any substantial highway bill. Projections indicate that the Highway Trust Fund could run out of funds earlier than expected, perhaps some time this year. Unless Congress and the Administration can agree on a funding solution, very little can be done in terms of a long-term reauthorization.
In addition to moving the Clearinghouse forward, FMCSA published a Final Rule in January, making it easier for the agency to shut down carriers based on patterns of safety violations. This Final Rule was required by the 2009 surface transportation reauthorization, the Safe, Accountable, Flexible, Eﬃcient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), and amended by Congress in MAP-21.
The President mentioned the need for a longterm solution to the transportation funding issue in his State of the Union address, reiterating his proposal to use revenue generated through tax reforms to fund the nation’s transportation programs. The idea, which is not new, received a cool reception from many on the Hill, including several prominent Democrats, as well as Chairman Shuster, who has said that all options need to be put on the table (which is also not a new idea). Others on the Hill pointed out that the tax reform proposal was unlikely to raise the necessary funds.
The agency also completed its “real world” evaluation of the new 34-hour restart provision, as mandated by MAP-21. The study, conducted by the Washington State University Sleep and Performance Research Center and Philadelphia-based Pulsar Informatics, Inc., concluded that the restart provision in the current Hours-of-Service (HOS) rule is more eﬀective at combating fatigue than the prior version. However, critics of the provision, including ATA and OOIDA, were quick to voice their displeasure with the study.
FMCSA also got involved with the reauthorization debate. In February, the agency’s Motor Carrier Safety Advisory Committee (MCSAC) met to discuss possible recommendations to FMCSA on what the agency should consider including in any surface transportation policy developed. A number of CVSA members sit on that Committee and they shared the Alliance’s recommendations with the group. In mid-February, CVSA held a webinar on the topic of its reauthorization positions. Alan Martin, of the Public Utilities Commission of Ohio,
At the time of submission, the agency’s Supplemental Notice of Proposed Rulemaking on Electronic Logging Devices was expected sometime in February. In addition, both enforcement and industry were eagerly awaiting results from a number of reports and studies related to CSA, including FMCSA’s report on crash weighting and evaluations of the program from both the Inspector General and the Government Accountability Oﬃce. n
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 17
T HE ROA DSIDE INSP ECTOR
INSPECTOR’S CORNER Avoiding Unnecessary DataQs Good Data = Good Inspection By Derek Canard, a CVSA-certiﬁed North American Standard inspector from Arkansas
Always remember that when battling DataQ’s, the best weapon is documentation.
n 2004, FMCSA introduced the DataQ program. It allows carriers to challenge inspection violations in an attempt to have the violations expunged from the carrier proﬁle. I am a strong proponent of the program, but in some instances, it nulliﬁes quality inspections. The fault of having legitimate violations dismissed does not lie on the program. The issue starts and ends at roadside. One of my favorite things to do during an inspection is to access a carrier proﬁle though the FMCSA Portal and review its past inspections. This allows me to create a quick violation history of the company and driver. That information may lead me to enhance a certain aspect of the inspection. I also get the opportunity to critique the data quality and documentation from other agencies. Data quality and documentation are where DataQ’s are won or lost. Some data quality issues can be as simple as making a mistake keying in driver and vehicle information, but a reoccurring problem that I have seen is the use of generic violation descriptions provided by the inspection reporting software. Roadside inspectors have a tendency to use the reporting program as an enforcement tool. We (I say “we” because I too am guilty at times) scroll through the violation list to ﬁnd the one that best relates to the violation we are trying to document and use the generic description as the violation. Or, in some instances, the violation may ﬁt the description, but not the federal code which the description represents. Documenting a valid violation with the wrong code can generate DataQ’s. I encourage every inspector to verify the violation against the federal regulations to ensure that he has documented it under the correct code. In doing so, you are ensuring data quality and you may even ﬁnd that there is not a violation to begin with. Wrong coding can sometimes be worked out through the DataQ process and a violation may be salvaged, however, without thorough documentation, the battle is lost. Another software-related documentation issue relates to using the generic description provided by the software without adding speciﬁc details to the report. A common example of this is “loose or missing wheel fasteners.” This will be the only violation description listed on the inspection, because that is what the reporting software uses for a generic description. So which one of the 100 lug nuts is in violation and, is it loose or missing? You can see the problem.
Our agency struggles with documentation the same as everyone else does. You can’t convince me this is a regional problem. I have seen inspections from every State, province, and territory. As I discussed earlier, if a carrier doesn’t believe that the violation is documented well enough, it may decide that a DataQ is warranted. Always remember that when battling DataQ’s, the best weapon is documentation. I am as descriptive as possible when notating violations on an inspection report. Using the example of the missing lug nut violation, my description would read “#2 axles, driver’s side – 1 of 10 wheel fasteners missing”. That short entry just eliminated 90 percent of the possible questions concerning the violation. I try not to write a book, but I want someone who has never seen that vehicle before to be able to read my violation and easily locate it. I understand that the reporting software limits the number of characters used per violation. I combat that problem by not including the generic description or by using the notes section. I have also found that the best inspection tool I have at roadside is a digital camera. When words can’t describe, 20 megapixels can. Unfortunately, there currently is not a way to attach a photo to an inspection, but they do come in handy when answering DataQ’s. CSA is arguably the most impactful safety initiative ever created by the FMCSA. As a result, carriers scrutinize inspection reports more than ever before, because they must eliminate as many violations as possible to maintain or improve their CSA score. Nothing frustrates me more than seeing an inspection go to waste. Sure, most times the safety violation gets corrected and that is what is most important. Still, the carrier not being held accountable for a violation defeats the purpose of CSA. Spending that little bit of extra time ensuring data quality and documentation can be the diﬀerence between a superb inspection being considered valid or not. Until next time…stay safe and God bless! n
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 18
C V S A CO M M I T T E E & P R O G R A M N E W S
“Operation Safe Driver” Enforcement Output Nearly Triples
Webinar Schedule A Safer Tomorrow: CVSA’s Policy Positions for the Next Transportation Bill in the U.S.
Passenger Car Drivers Issued Warnings, Citations for Speeding 8x More Than CMV Drivers
February 19—2:00 pm EST
How to Use the CVSA Issue/ Request for Action System February 27—2:00 pm EST (open only to CVSA Committee and Program oﬃcers)
North American Standard Out of Service Criteria Webinar
aw enforcement oﬃcers pulled over 74,765 commercial and passenger vehicle drivers during the 2013 “Operation Safe Driver” mobilization week, Oct. 20-26. This is nearly triple the 26,487 stopped during last year’s event. Oﬃcers found that passenger car drivers continue to speed signiﬁcantly more than commercial vehicle drivers. Passenger vehicle drivers received a warning or citation for speeding 56 percent of the time, versus 7.3 percent for commercial vehicle drivers.
buses. The outreach eﬀorts clearly demonstrate the value of partnerships between government and industry in helping to further deliver on our key safe driving messages.”
The top three causes for warnings and citations for both commercial and non-commercial vehicle drivers were:
Speeding data collected revealed the following:
This year, oﬃcers made 29,048 CMV traﬃc enforcement contacts; the total was 20,398 in 2012. Non-CMV traﬃc enforcement contacts totaled 45,717 in 2013; there were 6,089 in 2012. Roadside inspections totaled 44,882 in 2013 up from 36,221 in 2012.
March 4—1:00 pm EST
What to Expect at the 2014 CVSA Workshop March 27—2:00 pm EST
1 speeding, 2 failing to use a safety belt, and
Roadcheck 2014 – What to Expect at the Roadside June 3-5 May 14—2:00 pm EST
What to Expect at the 2014 NAIC July 24—2:00 pm EST
What to Expect at the 2014 CVSA Annual Conference & Exhibition August 28—2:00 pm EST
learn more at www.cvsa.org/webinars
3 failure to obey traﬃc control devices. During the weeklong campaign, 6,174 law enforcement oﬃcials collected data at 1,868 locations across the United States and Canada. Organizers also held numerous outreach events at high schools, state capitals, state fairs, truck rodeos, sporting events and other public venues throughout the week. “Operation Safe Driver continues to increase its impact each year in targeting problem behaviors by all drivers, whether they drive a passenger car or a CMV, and by taking action on those who need it,” said Sgt. Thomas Fuller from the New York State Police, CVSA’s President. “We will continue to grow our enforcement and outreach eﬀorts until we can eliminate those driving behaviors that have been shown to cause or contribute to crashes involving large trucks and
• The percentage of warnings and citations per contact to CMV drivers for speeding decreased from 10.8% in 2012 to 7.3% in 2013. • The percentage of warning and citations issued to passenger car drivers for speeding decreased from 56.3% to 56.0% in 2013. The results also show a decrease in the number of warnings and citations for failure to use seat belts for all drivers: • For CMV drivers, the percentage dropped from 3.8% in 2012 to 2.9% in 2013. • For passenger car drivers, the percentage dropped from 5.1% in 2012 vs. 2.6% in 2013. “Highly visible traﬃc enforcement eﬀorts like Operation Safe Driver save lives and we are proud to partner with the Commercial Vehicle Safety Alliance to crack down on distracted driving and other dangerous driving behaviors,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. n
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 19
C V S A CO M M I T T E E & P R O G R A M N E W S
Operation Safe Driver 2013 vs. 2012, Top 5 Violations CMV DRIVER TRAFFIC ENFORCEMENT VIOlATIONS WARNINGS
TOP 5 VIOlATIONS
n 2013 n 2012
% of Warnings/ Contact
% of Total Warnings Issued
% of Citations/ Contact
% of Total Citations Issued
% of Warnings & Citations/Contact
Failure to use seat belt while operating CMV
Failure to obey traﬃc control device
Following too closely
Improper lane change
NON-CMV DRIVER TRAFFIC ENFORCEMENT VIOlATIONS WARNINGS
TOP 5 VIOlATIONS
n 2013 n 2012
% of Warnings/ Contact
% of Total Warnings Issued
% of Citations/ Contact
% of Total Citations Issued
% of Warnings & Citations/Contact
Failure to use seat belt
Failure to obey traﬃc control device
Following too closely
Improper lane change
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 20
C V S A CO M M I T T E E & P R O G R A M N E W S
Intermodal Operations, Safety and Compliance Seminar Extends CVSA’s Partnership with IANA Commercial vehicle safety and enforcement will be in the spotlight at the Intermodal Operations, Safety and Compliance Seminar produced by the Intermodal Association of North America (IANA) this coming spring. As a new feature this year, the seminar will present “Lifecycle of an Intermodal Equipment Violation,” a full-day workshop developed and facilitated by CVSA. The program will help the intermodal industry better understand how to comply with the roadability regs and what to do in the event of a violation, as well as explain recent changes in the FMCSA’s Compliance, Safety, Accountability (CSA) program. The “Lifecycle” workshop continues a multi-year IANA-CVSA partnership around roadability compliance. In conjunction with the FMCSA, the two organizations have conducted a series of educational webinars geared to motor carriers, IEPs, intermodal terminal operators, M&R vendors – any company impacted by roadability regs. Over the longer term, the groups together have produced onsite demonstrations at IANA’s two major annual events that walk through roadside inspections. The Seminar, and the “Lifecycle” workshop in particular, also underscores the working relationship of both organizations with the Federal Motor Carrier Safety Administration. During the Seminar, FMCSA will also highlight information regarding compliance programs, developed by IANA in conjunction with FMCSA, that facilitate information sharing around roadside events, as well as information regarding FMCSA’s Roadability Review Program. The Intermodal Operations, Safety and Compliance Seminar will take place April 29 – May 1 in Chicago; for more information visit Intermodal.org. n
In Intermodal termodal O Operations, perations, S Safety afety and C o omplianc eS eminarr Compliance Seminar April 29 - May 1, 2014 ■
Lifecycle of an Intermodal Equipment Violation ■ ■ ■ ■ ■
t t t
Understanding the North American Standard Roadside Inspection Program and Procedures for Intermodal Equipment Interventions: IEP Compliance and Roadability Reviews Compliance, Safety, Accountability — CSA and DataQs
Developed Developed a and nd ffac facilitated accilitated b byy C CVSA, VSA, in conjunction conjunction with F FM FMCSA MCS SA
Registrration and a complete details will be posted on the IANA website at INTERMODAL.ORG INTERMODAL.ORG
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 21
R EGIO N A L NE W S
Enforcement Detail in Florida The Florida Highway Patrol, Jacksonville Commercial Vehicle Enforcement District, Federal Motor Carrier Safety Administration, and the United States Coast Guard, with the assistance of the Jacksonville Port Authority, conducted an enforcement detail at the Blount Island and Talleyrand Sea Ports in Jacksonville, Fla., Dec. 10-11, 2013. The primary focus of the enforcement detail was to conduct inspections on a variety of commercial motor vehicles entering and exiting the Ports, particularly those commercial motor vehicles transporting hazardous materials. The two-day event was a great opportunity for the Alliance to work closely with Jacksonville Port Authority, U.S. Coast Guard, the Federal Motor Carrier Safety Administration and other stakeholders. All agencies worked together seamlessly, enabling information sharing and comprehensive multimodal enforcement. During the detail, inspectors conducted 252 driver vehicle examinations reports. Of those, 106 were commercial motor vehicles transporting hazardous materials. Inspectors placed 39 vehicles and/or drivers out-of-service and made four physical arrests based on these inspections. The U. S. Coast Guard inspected 48 containers; they found eight to be in violation of maritime shipment rules. Due to the diligence and hard work of each participating member, this enforcement detail provided for a safer transportation environment for Florida’s citizens and guests. n
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.
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 22
R EGIO N A L NE W S
Tennessee Demonstrates Continued Excellence in Traﬃc Safety Industry By Kate Nicewicz, Manager–Special Projects, TTU BusinessMedia Center
y building collaborative partnerships and implementing a strategic marketing initiative to promote safe driving habits, the Tennessee Governor’s Highway Safety Oﬃce continues to make great strides toward prominence in the realm of traﬃc safety. As with all successful initiatives, there is a visionary leader managing this progress: Kendell Poole, Director of the Tennessee Governor’s Highway Safety Oﬃce (GHSO) and Chairman of the Governor’s Highway Safety Association (GHSA) Executive Board. Poole is passionate about keeping our roads safe, and is involved in this issue at both the State and national level. His leadership has translated into long-standing relationships with traﬃc safety supporters, fostering collaboration. Poole recognizes that traﬃc safety is inclusive. In addition to law enforcement, it is a concern for civilians, personal and commercial vehicle corporations, and public transportation services, along with the construction, health and insurance industries. In this far-reaching environment, collaboration is a crucial and requisite component of measurable success. Such extensive collaboration would not be possible without a common sense of accountability, which Poole creates. Promoting traﬃc safety also requires the ability to develop messages that span all generations. Under Poole’s leadership, the GHSO is committed to reaching every market with new and existing information. That is where the Oﬃce’s partnership with BusinessMedia Center (BMC) at Tennessee Tech University comes in. Creating awareness is a specialty of BMC, a unit in the university’s College of Business that provides cost-eﬀective, in-depth knowledge of current marketing techniques. It also equips various organizations, universities, government agencies and industry aﬃliates with state-ofthe-art technology. The Center’s expertise stems from comprehensive educational and professional experience. Each full-time staﬀ member has a graduate level education and professional experience in areas such as digital publishing, graphic arts, journalism, public relations, and business. The staﬀ includes members who have national level public relations experience and are familiar with marketing across geographic and demographic boundaries.
This knowledge base has made possible several partnerships with multiple State and national organizations. As a result of Center eﬀorts, corporations such as Ford, Nissan, and State Farm have partnered with the GHSO–a multiyear grantor to the BMC–in the name of traﬃc safety and awareness.
Ollie Otter’s resounding success led to a 2013 Peter K. O’Rourke Special Achievement award, presented to the Center by the GHSA. In September 2013, Tennessee Governor Bill Haslam celebrated a milestone of reaching more than 500,000 children with this program’s message of child passenger safety.
In 2012, Poole commissioned the BMC to create, develop and manage TNTraﬃcSafety.org, the GHSO’s website which provides information on 15 GHSO programs. In addition to building a user-friendly and informative site, the Center implemented a comprehensive marketing campaign to promote this new digital resource, with a major grant funded by the National Highway Traﬃc Safety Administration.
Next, the BMC began to search for a way to reach teens and young adults as well. In 2013, it launched “Reduce TN Crashes,” a statewide Traﬃc Safety Awards Program targeted at students of Tennessee’s 408 public and private high schools. The premise of the campaign is to increase awareness of safe driving among teens by facilitating and rewarding activities that are rooted in teen traﬃc safety. It also serves as a marketing tool for traﬃc safety partners, driving traﬃc to sponsored activities’ websites and thereby increasing participation in programs that reinforce the message of Reduce TN Crashes.
“We couldn’t be more pleased with the partnership that we have developed with the BusinessMedia Center,” said Poole. “We saw, at a very early stage, the level of expertise and commitment to excellence that ﬁt in nicely with our vision. That partnership has continued to develop and the results have been tremendous as we continue to endeavor to save lives on Tennessee’s roadways.” In addition to developing the site and maintaining it daily, Center staﬀ monitors website usage and utilizes video production, social media and mass email marketing to communicate with GHSO aﬃliates. The Center also designs and produces print materials for law enforcement and various traﬃc safety campaigns and assists in coordinating statewide law enforcement training. A primary strength of this partnership is that Center staﬀ understands that traﬃc safety is not a stagnant industry. The means by which information is created and communicated is constantly evolving, and the BMC responds by ﬁnding new ways to reach the various target markets designated by GHSO. One of the Center’s ﬁrst programs, “Ollie Otter,” became the nation’s ﬁrst statewide, comprehensive seatbelt safety campaign in 2007. Made possible by funding from the GHSO and the Tennessee Road Builders Association, the program encouraged young children to be safe passengers through the use of seatbelts and booster seats.
This teen-driven initiative has received overwhelmingly positive feedback and has demonstrated immense potential as a statewide campaign during its inaugural year. More than 35 school district directors showed support for the program at the 2013 Superintendent’s Conference in Gatlinburg, and to date the program has distributed more than 18,000 pieces of GHSO-issued materials to participating schools. Reduce TN Crashes markets more than 30 safe driving activities, sponsored by over 20 diﬀerent partners. It is the hope of program supporters that this campaign will reach prominence within the industry, eventually becoming a model program for other States to follow. Collaboration between the Governor’s Highway Safety Oﬃce, the Tennessee Tech BusinessMedia Center and all aﬃliated partners has created a structure for traﬃc safety awareness that lends itself to eﬃcient use by all facets of the industry. Building upon that structure, Tennessee is promoting safer driving practices across varied demographics, geographies and industries, and taking major steps toward becoming a nationwide leader in traﬃc safety awareness and marketing. n
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 23
R EGIO N A L NE W S
Iowa DOT's MVE Welcomes First K-9 Oﬃcer By Tracy Bramble, Iowa Department of Transportation To be successful, all law enforcement oﬃcers must be well trained, disciplined, and passionate about the job they do. That certainly applies to the dedicated men and women in the Iowa Department of Transportation’s Oﬃce of Motor Vehicle Enforcement. For MVE Sgt. Kevin Killpack, one of the Iowa DOT’s leading criminal interdiction oﬃcers training and drive are being passed along as he takes on the role of Iowa DOT’s ﬁrst canine handler. Killpack and other MVE staﬀ determined there would be value in having their own dedicated canine unit. Killpack said, “Every time we have a drug case where we have to call in an outside canine unit, it costs us valuable time and other resources in the investigation. I thought it would be helpful if we had our own canine unit. Not only would it potentially increase our number of seizures, it would allow the DOT to be a resource to other agencies.” He continued, “I am friends with the Omaha Police Department’s canine commander. When I found out they were going to Pennsylvania to select dogs for his agency and start a K-9 training camp, I was cautiously optimistic. For the last 18 months or so, MVE has been kicking around the idea of starting our very own K-9 program. I know this is a huge commitment of time and resources, so I was ecstatic when management gave us approval for the program.” The selection process for the dogs is extensive according to Killpack. First, a distributor from the United States ﬁnds the best dogs from European breeders. Next, the dogs are brought to the United States where law enforcement agencies look them over and are able to purchase them. Killpack accompanied oﬃcers from the Omaha Police Department to select the dogs. Killpack said, “We have been very grateful for the cooperation between our oﬃce and the Omaha Police Department. Not only did they assist in selecting MVE’s dog, they are allowing us to train at their facility at no charge.” The Iowa DOT’s newest oﬃcer (and ﬁrst canine member), Sara, has been with Killpack since early September. She is a 16-month-old Belgian Malinois, a breed speciﬁcally chosen for police work because of its tenacity and seemingly inexhaustible energy. Sara was recently certiﬁed as a PSP (Polizeispuerhundpruefung which, translated into English, is police patrol dog examination), single-purpose narcotics detection K-9.
Sara trained in Omaha along with four other dogs. During training, the dogs started out with odor memorization of four drug scents: heroin, marijuana, methamphetamine and cocaine. Killpack said, “At ﬁrst, we put all four drugs in one piece of PVC pipe and played games with the dogs. This training has a few purposes: for the trainer to bond with the dog, for the dog to burn oﬀ some of its puppy energy, and also to imprint drug odors in its mind. After numerous rounds of this, the dog associates fun and play with the drug odor." After odor memorization is imprinted, trainers separate the odors to see if the dog can locate each individually. Once Sara was able to identify each speciﬁc odor, the training moved to the indication stage. “Several wooden boxes are lined up along a wall. Some of the boxes contain distractions. One box is ﬁlled with tennis balls, Sara’s favorite toy, just to make sure she won’t be distracted by them and concentrates on ﬁnding the drugs,” explained Killpack. “Her job is to ﬁnd the box that contains the drug odor and to indicate that to me. Her reward is time playing tug-of-war with a tennis ball tethered to a rope.” Training was not complete until Sara could indicate the drugs nearly perfectly. “She could not go on to the next phase of training until she mastered the skill we were trying to teach her,” said Killpack. For drug dogs, there are two methods of indicating the presence of drugs. “Sara is an aggressive indicator. She will scratch, bark and/or bite at the location when she smells the strongest odor of the drug,” said Killpack. “Other dogs are trained as passive indicators and sit, point or lay down when they smell the strongest odor of the drug. Both indication styles are accepted in the law enforcement community.” He added that trainers evaluate the dogs, training each in the style that will best suit their individual temperaments. After Sara was able to ﬁnd all the scents in the enclosed boxes, the training moved to realworld scenarios. “This phase brought together the ﬁrst two parts of the training, searching and indication, and incorporates it into unfamiliar surroundings,” said Killpack. "We used trucks, tractors, cars and large garages as diﬀerent hiding places to complete this part of the training.” Then, the fourth training segment is similar to the third, but made more diﬃcult when oﬃcers hide the drugs with other scents or in closed areas such as ﬁle cabinets.
Prior to certiﬁcation, a PSP evaluator critiqued Sara in a series of 14 real-world scenarios. “The documentation of Sara’s training is very important,” said Killpack. “There is no question using her in our operation will be put to the test in court. We need to be able to prove that she and I are both well-trained and that our skills have been proven.” Now on the job, Killpack said that Sara is a tremendous asset to him and other motor vehicle oﬃcers. A certiﬁed drug dog has the ability to establish probable cause, which allows law enforcement to search a vehicle without the owner’s consent. “That’s not an option we’ve had in the past without an outside K-9 being brought in,” said Killpack. If the experience with Sara is successful, Killpack hopes that MVE might add more K9s in the central and eastern parts of the state. “There is a lot riding on Sara’s success,” he said. “Unfortunately, we know Iowa’s interstates and highways are potential routes for drug traﬃckers. If Sara does as well as we think she will, we will increase safety by getting more drugs oﬀ the street and putting more criminals in prison.” At ﬁrst, it is a little tough to think of this adorable puppy as a crime ﬁghter, but Killpack is quick to point out that Sara is all business. While Sara lives full time with Killpack, he keeps her separate from his family’s other dog and her time with his family is limited. “There are social boundaries with police service dogs, just as there are with any service animal,” said Killpack. “If she is treated too much like a pet, she will lose her drive to work. Once she retires from her duties, then it will be time to become a pet. For now, she’s a Motor Vehicle Enforcement oﬃcer.” n
Meet Sara, Iowa DOT’s ﬁrst MVE oﬃcer. FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 25
R EGIO N A L NE W S
Operation “VACCIN” Despite strong social disapproval, alcohol- and drug-impaired driving remains a leading cause of road accidents. For that reason, the Sureté du Québec launched Operation VACCIN (Vériﬁcation accrue de la capacité de conduite – intervention nationale/increased roadside driving capacity checks – province-wide intervention). In cooperation with municipal police forces, more than 1,300 roadside checks to ﬁght impaired driving were conducted from December 1, 2013 to January 2, 2014. Contrôle routier Québec joined this operation to assist police oﬃcers in roadside checks with heavy vehicles, buses, minibuses and taxis. During these interventions, they conducted several alcohol-related veriﬁcations among professional drivers, namely: • Buses, minibuses and taxis: zero alcohol Any person who drives a bus, minibus or taxi is prohibited from having consumed alcohol. • Other heavy vehicles: 0.05 Any person who drives a heavy vehicle is prohibited from having a blood-alcohol concentration in excess of 50 mg of alcohol per 100 ml of blood (0.05). Every year in the province, alcohol- and drug-impaired driving is responsible for approximately 190 deaths (36%), 410 serious injuries (18%) and 2,070 minor injuries (5%). n
Alberta CVEB Earns Its Fifth CAlEA® Excellence Award On Nov. 16, 2013, Alberta Commercial Vehicle Enforcement Branch (CVEB) received its ﬁfth Accreditation with Excellence Award from the Commission on Accreditation For Law Enforcement Agencies, Inc. (CALEA®) at the fall meeting of CALEA® in Winston-Salem, North Carolina. The Branch was one of only 24 agencies to receive this award out of all the agencies CALEA reviewed across North America. Commercial Vehicle Enforcement representatives said that they are very proud of their commitment to professional excellence in policy and practice, and that CALEA® Accreditation has become an institutionalized management model for the organization. As the “Gold Standard for Public Safety,” CALEA® Accreditation is accomplished through a highly regarded and broadly recognized body of professional standards. This award represents the culmination of self-evaluation, concluded by a review from independent assessors and CALEA’s Commissioners. The Accreditation with Excellence Award was created by CALEA® as a symbolic incentive for agencies to employ CALEA® Accreditation in a manner that sets the benchmark for public safety professionalism. To that end, the award has been structured for the recognition of agencies that have met the following criteria: • Excellence in the development and implementation of contemporary policies and procedures. • Excellence in the ability to use the CALEA® Accreditation process as a tool for continuous organizational improvement. • Excellence in the collection, review and analysis of organizational data for the purpose of public safety service improvement. • Advocacy for CALEA® Accreditation as a strategy for enhancing the professional standing of public safety. • Excellence in addressing the intent of CALEA® standards, beyond compliance. • Organizational culture supportive of CALEA® Accreditation. • Standards compliance and accreditation process success. CALEA® Accreditation also represents acceptance of an ongoing commitment to the quest for professional excellence, as demonstrated by working toward compliance with all applicable standards and any future standards promulgated by CALEA®. The CALEA® Accreditation award is for three years. The agency is required to maintain continuous compliance during that period. The Commercial Vehicle Enforcement Branch is a branch of the Alberta Public Security Division, which falls under the Province’s Ministry of Justice and Solicitor General. The CVEB has a very specialized area of enforcement authority that requires a high degree of expertise and covers a jurisdiction roughly the size of Texas. Ultimately, CVEB Oﬃcers help save lives by reducing collisions, and in turn, they help ensure the supplies, resources and goods transported on our highways make it to their destinations. To check out CVEB in action, visit the Alberta Justice SolGen channel on YouTube.com. n
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 26
R EGIO N A L NE W S
LOCAL ENFORCEMENT Your Involvement Can Save lives By Robert Mills, Oﬃcer, Fort Worth Police Department I want to take this opportunity to wish each of you a safe and prosperous 2014. This will be my last year as part of the Commercial Vehicle Safety Alliance Executive Committee, and while I think we have made great strides in commercial motor vehicle safety in the last few years, we still have a way to go. Luckily, I am leaving you in capable hands. After September, Oﬃcer Wes Bement of the Grand Prairie Police Department will take my position on the committee as the Local Member President. I know he will do an outstanding job. There are many subjects that I'm sure will be discussed this year both within CVSA and the Motor Carrier Safety Advisory Committee (MCSAC) and even up on the hill. For instance, the subject of CSA will always be a hot topic. En route inspections of passenger-carrying commercial vehicles and CMV crash worthiness standards will no doubt also be discussed. I encourage each of you to get involved with these CVSA discussions whether you are a member of enforcement or industry. Great solutions to these issues can only happen when we all get involved. Some jurisdictions have explained their lack of involvement by saying these issues don’t aﬀect them on the local level. That statement cannot be further from the truth. Those of you who have participated in workshops and committee meetings have been part of developing the structure of the CVSA Out-of-Service Criteria. Additionally, the concerns you raise in committee meetings sometimes become the basis for training bulletins and informational emails that CVSA sends to the full membership. These items may also come before the Executive Committee for further discussion. In this way, your participation is a direct line to CMV regulations and how they are enforced and interpreted. Everything related to CMVs that happens up on the hill or in our CVSA meetings will certainly aﬀect each and every one of you. So, I encourage each of you to get involved at whatever level you can. My department applies for the High Priority Grants through FMCSA's MCSAP funding opportunities. In 2013, we were able to reduce overall CMV crashes by just less than one percent. Doesn't sound like much, but that's not the whole story.
Even though we have only four oﬃcers dedicated to CMV enforcement fulltime, we also conducted routine safety discussions with industry, answered citizens’ complaints, worked high crash corridors to lower those individual crash rates and concentrated a lot of enforcement on construction zones. Utilizing our TACT (Ticketing Aggressive Cars and Trucks) funding through our MCSAP funding, we sent our traﬃc oﬃcers out to these target areas to concentrate on cars driving aggressively around large trucks and buses. We also increased our traﬃc enforcement generated CMV inspections in 2013. We will still concentrate on roadside inspections but also give more of an emphasis on traﬃc enforcement. As a result, the biggest decrease in 2013 was in our CMV involved fatalities, down 60 percent. I can only hope 2014 will be a safe year as well. We might not have been able to accomplish these crash reductions without help from other local agencies around Fort Worth, and assistance from Texas DPS, TACT enforcement and our public education outreach programs. This is just one example of how working together can increase safety. So, please get involved and help make each of your communities a safer place. Our goal in Fort Worth is to be "The safest largest city in the United States." When you read that, I am sure you think of crime, but we also want visitors and residents to be safe on our highways. We all know how dangerous our highways can be. Learn how to get involved by contacting your Region representatives or logging on to cvsa.org. n
Great solutions to these (CVSA) issues can only happen when we all get involved.
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 27
R EGIO N A L NE W S
REGIONAL RAP Weller Named Maryland’s 2013 Driver of the Year Bob Weller of Hahn Transportation was named Maryland’s 2013 Driver of the Year by Maryland Motor Truck Association (MMTA) and the Maryland State Police at a banquet January 14, 2014. In 40 years as a professional truck driver, Weller has traveled more than 4 million miles without an accident. That’s the equivalent of circling the earth 160 times or making eight trips to the moon and back. In addition, Weller: • Works with the Maryland State Police training oﬃcers on cargo tank inspections; • Was an inaugural member of Maryland’s Road Team in 1993; • Served as a captain of America’s Road Team in 2011-2012; • Regularly speaks to the motoring public about safe driving around trucks; and • Has been honored as a Maryland Driver of the Month four times. Every year, MMTA honors 12 professional drivers whose safe driving records and professional conduct earned them recognition as Maryland Drivers of the Month. Employers statewide nominate their drivers for this recognition, with the Maryland State Police selecting the Driver of the Year from an extraordinary pool of candidates. The combined records of those selected as Drivers of the Month equal 310 years of drive time and more than 21 million miles of safe driving. Weller humbly stated, “[I] got here one mile and one load at a time. I didn’t get here by myself. This is a great honor and feeling.” Bob calls himself “just an old farm boy,” which is where he ﬁrst started driving trucks and worked until age 24. Hahn President & CEO Ms. Barbara Windsor said, “Since joining Hahn Transportation in 1974 as a professional driver your focus has always been safety on our highways. Thank you for representing our industry. Congratulations on this honor as Driver of the Year.” n
Georgia Governor Honors Bruce Bugg’s Service On Thursday, Dec. 12, Bruce Bugg received one of the 2013 Georgia Governor’s Public Safety Awards, for “Service to the Profession.” The award was presented in a ceremony at the Georgia Public Safety Training Center in Forsyth, Georgia. Then-Governor Zell Miller initiated the Governor’s Public Safety Awards Program (GPSA) in 1998 in order to provide an opportunity to recognize the men and women in the public safety family for outstanding service to their communities and contributions to their profession. Bugg recently retired from the Georgia Department of Public Safety and now works for CVSA Associate Member ABF Freight System, Inc. n
MCO Transport Named 2013 Volvo Trucks Safety Award Winner Volvo Trucks honored its safest customers with the 2013 Volvo Trucks Safety Award during the recent American Trucking Associations Management Conference & Exhibition. CVSA Associate Member MCO Transport, Inc. of Wilmington, N.C., received the Volvo Trucks Safety Award in the under 20 million miles category. Now in its ﬁfth year, the annual Volvo Trucks Safety Award recognizes the outstanding safety achievements of North American ﬂeets. All motor carriers in the U.S. and Canada with more than ﬁve Class 8 trucks, at least one of them a Volvo, are eligible to apply for the annual awards. Winning ﬂeets are selected based on their accident frequency rates, using the U.S. Department of Transportation deﬁnition of a “recordable accident,” and their safety and accident prevention programs. MCO Transport operates a ﬂeet of 88 trucks and logged 5,976,962 miles last year with just one recordable accident, equating to an accident frequency rate of .167. MCO Transport’s multifaceted approach to safety is built around clearly deﬁned policies and procedures. They also hold mandatory quarterly safety meetings and utilize a recognition program for drivers who receive no violations during DOT roadside inspections. “Safety is of prime importance to MCO Transport – it’s our number one goal. We’ve made it part of our culture,” said Danny McComas, MCO Transport President. “This award is a culmination of all our eﬀort after many years. It’s conﬁrmation of the fact that you can run a trucking operation and always be safe.” Bill Etheridge, Director of Safety for MCO, shared a couple of the company's initiatives. They put a program in place to track critical events and have drivers explain what happened. "If a driver consistently has a problem with hard brakes, maybe you need to earmark him for additional training," he noted. "In addition, we have a program to incentivize drivers to inspect their equipment, and that’s gone a long way toward improving our CSA score." n FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 28
F R O M T H E D R I V E R ’ S S E AT
FROM THE DRIVER’S SEAT Hours-of-Service Rules Cannot Be “One-Size-Fits-All” By Ted Carlson, FedEx road driver, Member FedEx Freight President’s Safety Team, America’s Road Team Captain
“Letting drivers manage their rest periods based on their unique needs and schedule would provide greater beneﬁt than the current one-sizeﬁts all policies”
he new “one-size-ﬁts-all” Hours-of-Service (HOS) rules implemented by the FMCSA in July 2013 added a mandatory 30-minute lunch break and imposed speciﬁc nighttime rest periods. I believe the result is longer workdays and reduced productivity, while doing little to reduce driver fatigue and improve overall safety of the motoring public.
Then, there is the restart rule, requiring a rest period between 1:00 a.m. and 5:00 a.m. This does nothing to reduce fatigue or aid in my rest. I have organized my life around a nighttime driving schedule, and my sleep, eating and exercise routines simulate an ordinary day shift. Throughout the week, I do all of these things at the same time to get my body into a comfortable routine.
The problem is that a generic approach does not work in such a dynamic industry. Each driver has his or her own internal “clock” and physical capabilities, and trucking companies deliver a variety of commodities with diﬀerent requirements. What works best for me may not necessarily work for those driving crosscountry, log trucks, heavy-hauls, or any of the other types of driving done by the 3.1 million drivers that make up today’s truck driving workforce.
In some cases, the HOS requires drivers to take a second lunch if working more than 12 hours in a day. If I don’t end my work day on time, I am unavailable to work my regular schedule the next day, even after 10 hours oﬀ duty. This has a signiﬁcant impact on my earnings. My preference is to ﬁnish my workday a half hour sooner and avoid traﬃc. Of course, what works for me may not work for others. That is why letting drivers manage their rest periods based on their unique needs and schedule would provide greater beneﬁt than the current one-size-ﬁts all policies.
My typical route starts at 7:30 p.m. and ends around 8:30 am, and consists of a 558-mile hub turn from Portland, Oregon to Medford, Oregon. The southbound leg usually takes 5.5 hours and I take a 10 to 15 minute break. On the return trip, I do the same. At the Medford hub, I conduct a post-trip of my inbound trailers, hook my outbound trailers and conduct a pre-trip. This procedure has me out of the truck for 30 minutes, and I take two additional breaks each night. Adding an additional 30-minute break at the hub unnecessarily prolongs my workday and places me in the heart of Portland’s rush-hour traﬃc. For drivers in my area, hitting morning rush hour can increase drive times, jeopardize driving hours and potentially cause accidents if drivers get hasty trying to avoid running out of hours. Finding a spot to break can be challenging, too. With several companies running similar routes, a mandatory break time means that several drivers are looking to park on the limited space along I-5.
The previous HOS rules adequately addressed rest periods without imposing burdensome restrictions. The new rules do not improve the safety of the motoring public nor reduce driver fatigue. With drivers from all walks of life, and companies across the spectrum, generic rules don’t work in our industry. I urge the FMCSA to conduct a survey of drivers, managers, warehousemen, law enforcement and the like who operate in varying working conditions, to better address their unique needs while improving overall safety. n
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 29
S A F E T Y I N N O VA T O R S
SAFETY INNOVATORS Brake Safety & Reporting Can Pay Big Dividends By J.A. Clark, President, SafetyWatch Technologies, Inc. Of the 20,000 trucks pulled over during CVSA’s 2013 Brake Safety Week, inspectors put 13.5 percent, or 2,700 trucks, out of service for brake issues. Keep in mind, this is what was found in just one week, and with only a fraction of trucks on the road inspected. How many trucks would have been put out of service had all of the trucks using the road been inspected during that week, or if we treated every week like Brake Safety Week? Extrapolating, we are talking about nearly 150,000 trucks on the road that could be put out of service for brake issues over the course of a year. Or, let’s suppose that those trucks weren’t pulled over and put out of service, and instead, got into accidents. Check with any Loss Payable Department or insurance carrier or Actuary and you’ll ﬁnd that a loss ﬁgure of 1 million dollars per accident is a conservative estimate. Particularly considering the expanded losses that the trucking industry would ultimately pay: Loss of payload, personal damages, damages to the environment from spillage, damage to highways and increased insurance premiums. Even for self-insured American Trucking Associations (ATA) members, it still costs a potful of money to repay the shared expenses pool. There is also the human equation—the potential harm that out-ofcompliance brakes can cause to truck drivers and the driving public alike. “Safety is a number one priority in the operation of a commercial truck. Improved brake compliance adds to that safety… [and] allows us to improve on delivery times, [reduces] inspection stops due to safety record, saves fuel,” said DAJO, Inc. Transportation Manager Joe Chase, adding, “Safety [also] saves money by keeping insurance claims down.” Two of the most important elements to brake safety is knowing your brake’s push rod position and whether or not your air valves are sequencing properly. Air valve failure to sequence properly is the number-one leading cause for jackkniﬁng. Currently, there is no way to know if air valves are sequencing properly on a new tractor-trailer without ﬁrst putting miles on the road to test it.
Key beneﬁts of operating a truck with in-compliance brakes: • Stop straight and within shorter distances. • Experience more even tire wear, resulting in fewer change-outs. • Knowing what each brake is doing means less wear on all brake components. • Shave trouble shooting time by half an hour, by knowing which brake is bad right oﬀ the bat. This frees up your mechanic to check other issues that may require attention, providing a labor and parts cost savings. • Reduce costs of tickets and ﬁnes, as well as downtime.
Some brake-related issues can be traced back to the challenges involved in design and testing. It can be diﬃcult to predict how long brakes will function optimally in the real world. Considerations include: • Designers and developers are working from clean rooms on simulators, not necessarily from under a truck. • The brake environment for trucks is far diﬀerent from that of a car; unprotected, dirty, and directly subject to all sorts of weather, road conditions and chemicals. • Much gets lost between engineering and highway applications of truck brakes. Last but deﬁnitely not least, there is cost. It’s expensive to design for the environment, the constant wear and tear, faced by trucks. New and road tested technology is not going to be cheap, and it can be hard to justify investing in more bells and whistles when you are just trying to keep aﬂoat.
Technology Worthy of Promotion: Big Truck Brake Reporting For the many years that I’ve been tracking the evolution of brake reporting technology, the biggest inhibitor is phantom rumors of wireless reporting. It causes people to hold oﬀ, waiting to invest in this “any day now” technology. My advice? Stop waiting. It’s never going to happen. The truck driving environment is too dirty, and the signal can’t be secured. Even if wireless reporting were developed, trucks would pick up each other’s signals. It would be hard for drivers to know whose brakes they are reading. Adding to the confusion, there are too many signals already. A U.S. Army General told me that TARDEC (Tank Automotive Research, Development and Engineering Center) is going back to hard-wired technology due to signal overload. I can’t see the commercial vehicle industry pursuing a technology that the U.S. Army abandoned. Still, the need for improved brake reporting technology is well documented. In my own research, I’ve read numerous primary studies demonstrating that safe braking is key to proﬁtable, on-time ﬂeets and to the safety of all who share the roads. For instance, the University of Michigan’s Transportation Research Institute has studies on how a sensible brake reporting system would be a boon for us all. CVSA is a critical link to safer highways and trucks, representing a broad spectrum of commercial vehicle carriers and drivers, innovators, and enforcement professionals. The truck brake knowledge base also runs a broad spectrum. Working together, we can develop and promote brake reporting mechanisms that increase brake safety compliance, leading to greater proﬁtability, eﬃciency, and safety. n
Yet the bigger cost comes in the form of trucks running with brakes that could, and should, trigger an out-of-service violation. These vehicles cost carriers and the industry at large billions of dollars each year. Most of us know this, yet many opt out of looking for answers through practical brake reporting technology.
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 30
RA D INSP ECT IO N NE W S
RAD INSPECTION NEWS
About RAD Inspection News RAD Inspection News features news and other stories pertaining to the North American Standard Level VI Inspection Program for Transuranic Waste and Highway Route Controlled Quantities (HRCQ) of Radioactive Material. This inspection is for select radiological shipments that include enhancements to the North American Standard Level I Inspection Program and the North American Standard Out-of-Service Criteria with added radiological requirements for transuranic waste and highway route controlled quantities (HRCQ) of radioactive material. Learn more at www.cvsa.org/levelVI. RAD Inspection News is made possible under a cooperative agreement with the U.S. Department of Energy (DOE). Since January 2007, it has run as a section inside CVSA's Guardian. n
DOE Completes demolition of K-25 Gasesous Defusion Building The Department of Energy (DOE) announced that its contractor, URS|CH2M Oak Ridge, LLC (UCOR), has completed demolition of the K-25 gaseous diﬀusion building, the largest facility in the former DOE Oak Ridge complex and the department’s largest-ever demolition project. UCOR took over the project in 2011, maintaining a strong safety record and completing demolition more than one year ahead of current schedule and approximately $300 million under the current budget. UCOR expects to complete all debris removal in spring 2014. The K-25 building, located at the East Tennessee Technology Park formerly known as the Oak Ridge Gaseous Diﬀusion Plant, was built in 1943 as part of the Manhattan Project. At that time, K-25 was the world’s largest building under one roof and was one of ﬁve gaseous diﬀusion buildings in the plant. Operating until 1964, the K-25 building produced enriched uranium for defense and commercial purposes. During the past decades, as the facility deteriorated, the department considered its demolition among the highest priorities for the environmental cleanup program in Oak Ridge. With the demolition of the K-25 building, only two of the original gaseous diﬀusion buildings remain. East Tennessee Technology Park will now be converted into a private sector industrial park.
The K-25 building demolition project began in December 2008, when Bechtel Jacobs Company, LLC completed demolition of the west wing. UCOR took over the project in August 2011 and began demolition of the building’s east wing and north end. Although the K-25 building demolition is complete, the historical signiﬁcance of the facility will live on. In 2012, the DOE, Tennessee State Oﬃce of Historic Preservation, Advisory Council on Historic Preservation, City of Oak Ridge, East Tennessee Preservation Alliance and other consulting parties ﬁnalized a plan to commemorate the K-25 complex, which contained more than 500 facilities, including the K-25 building. Under the terms of the agreement, DOE will construct a three-story equipment building that recreates a scale representation of the gaseous diﬀusion technology and contains authentic equipment used in the original facility. The Department’s Oﬃce of Environmental Management also agreed to display equipment, artifacts, oral histories, photographs and videos at a K-25 History Center on-site. In addition, the Department provided a $500,000 grant to preserve the Alexander Inn, a historic structure in Oak Ridge where visiting scientists and dignitaries stayed when coming to the area. n
DOE contractor UCOR completed demolition of K-25, built as part of the Manhattan Project in 1943.
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 31
RA D INSP ECT IO N NE W S
Introducing the CVSA National Instructor Team From time to time, we are asked who makes up the Level VI National Instructor team. The National Instructor team is comprised of some of the best Hazardous Materials Investigators in the country, each with a strong regulatory enforcement background. The newest member is Kelly Horn from the Illinois Emergency Management Agency. He replaces Rich Swedberg, who retired. As a Health Physicist, Horn will be providing technical guidance and support to the Level VI Program.
California, Oregon, Idaho, Wyoming, Illinois, Ohio, Pennsylvania, New York, Virginia, and West Virginia. The current Level VI National Instructor team is representative of each region of the country. The team is comprised of: • Carlisle Smith, CVSA; • Tom Fuller, New York State Police; • Rion Stann, Pennsylvania State Police; • Reggie Bunner, West Virginia Public Service Commission; • Rob Rohr, Ohio Public Utilities Commission; • Tony Anderson, Idaho State Police;
By allowing employees to volunteer their time so they may travel and instruct for the Level VI Program, the home agency of each instructor helps make the program possible. Over the years the program has been represented by instructors from New Mexico, Colorado,
level VI Program Peer Review Update 2011 The Level VI Program Peer Review report of New Mexico and Idaho conducted during CY 2011 has been completed and made available to the public this past September. A few of the key lessons learned and best practices that were identiﬁed across states are noted below: • Backup instrumentation kept at point of origin inspection location • Concise reporting procedures for out-ofservice violations that include pictures of violations
• Adam Roha, California Highway Patrol;
• There is an advantage to using two inspectors for a Level VI inspection
• J.R. Leuis, FMCSA, Western Service Center; and
• Hand selection of inspectors (rather than using seniority) for MCSAP/Level VI
• Kelly Horn, Illinois Emergency Management Agency. n
• Program promotes the success of the program • Developing a standardized PPE, TLD, and personal dosimetry program • The new maintenance of certiﬁcation policy is a vast improvement over the old policy • Additional types of inspection survey equipment are being used with no reported equipment issues • Public perception has improved from additional years of public outreach focusing on shipment safety • The regular use of TLDs and personal dosimetry by inspectors is recommended
National Instructor Reggie Bunner Austin Class 2013
National Instructor Tony Anderson NM Class 2013
Ella McNeil Retires from the Department of Energy Ella McNeil recently retired from the Department of Energy’s (DOE) Oﬃce of Environmental Management, Oﬃce of Packaging and Transportation after 40 years of government service. McNeil has been involved in the DOE’s current National Transportation Stakeholders Forum (NTSF) and its predecessor, the Transportation External Coordination Working Group (TEC/WG). CVSA’s Level VI Program has been an active participant in both the NTSF and the TEC/WG since the early 1990s.Ella and her team were instrumental in development of the Transportation Emergency Preparedness Program (TEPP) and the Modular Emergency Response Radiological Transportation Training (MERRTT). The Level VI Program currently uses the MERRTT training program as part of the curriculum for the annual Level VI State “Train the Trainer” refresher class. McNeil and her team have also been long-time supporters of CVSA’s COHMED Conference. CVSA’s Level VI Program has beneﬁted from Ella's support over the years and the Alliance wishes her the very best in her retirement. n
• The need to include ﬂexibility into inspectors’ schedules and conducting a Level II inspection rather than a Level VI inspection (where allowed) are eﬀective ways to accommodate delays in scheduled inspections due to weather or other conditions • The conducting of annual regional exercises and drills are eﬀective practices when fullscale exercises are not feasible The full report is available at cvsa.org/programs/nas_vi_wipp.php. n
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 32
RA D INSP ECT IO N NE W S
LEVEL VI CLASS SCHEDULE
level VI Program 2013 Inspection Report, Years 2010-2012
CVSA, under a cooperative agreement with the U.S. Department of Energy, has scheduled the following classes in 2014 to certify inspectors to conduct North American Standard Level VI Inspections for all motor carrier shipments of transuranic waste and highway route controlled quantities (HRCQ) of radioactive material. CVSA provides the North American Standard Level VI training to jurisdictional inspectors that meet the prerequisite of being North American Standard Level I and North American Standard Hazardous Materials/ Transportation of Dangerous Goods certiﬁed.
The ﬁnal report for Level VI inspections conducted from calendar year 2010–2012 was completed and made available to the public this past December. Total inspections were 2,473 for CY 2010, 2,410 inspections for CY 2011, and 1,808 inspections for CY 2012. These inspections include DOE WIPP inspections and private industry shipments of Highway Route Controlled Quantities of (HRCQ) of Cobalt 60. The majority of the inspection data was gathered from FMCSA’s A&I web page. There are several States that do not presently upload their Level VI data to FMCSA. For those States, handwritten reports must be submitted to the Level VI Program Director for his review.
lEVEl VI ClASSES
The DOE, WIPP, the States, the carriers, and other interested parties are to be commended for more than 13 years of hard work. Thanks to the combined eﬀorts by State Enforcement, WIPP Carriers, the DOE and other interested parties; the WIPP Shipping campaign continues to move Tru-waste in a safe and secure manner. For those interested in reviewing the entire report, you can ﬁnd it on the Level VI Program web page under CVSA/WIPP Updates & Reports, cvsa.org/programs/nas_vi_wipp.php. n
Scottsdale, AZ—February 25-28 Meridian, ID—March 24-27
The inspection data is divided between WIPP shipments and non-WIPP shipments, and then Point of Origin and en route shipments. There continues to be a trend toward lower percentages of violations found and lower out-of-service rates for CVSA Level VI inspections of both WIPP and non-WIPP shipments. All rates are considerably lower than those reported by FMCSA for roadside and hazardous materials inspections during the same time periods.
Blythewood, SC—April 27-May 1 Sacramento, CA—May 12-15 Springﬁeld, Il—June 16-19 Forsyth, GA—July 21-24
2014 level VI Program Peer Reviews Planned
Anthony, NM—August 25-28 Austin, TX—November 3-6 Any jurisdiction that needs inspectors trained or can host a Level VI Class in 2014 is asked to contact Carlisle Smith at 301-830-6147 or email@example.com.
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).
As part of CVSA’s Cooperative Agreement with the U.S. Department of Energy (DOE), the Level VI Program will be conducting two Peer Reviews of a state’s Level VI Program. The purpose of the Peer Review is to identify and share best practices of state Level VI Programs, and to provide assistance and guidance to programs that may have a need to improve. Peer Review teams are made up of Level VI Program members and other stake holders representing the Councils of State Governments Midwest and Northeast, Southern States Energy Board, Western Governors’ Association, and the DOE and WIPP carriers. To date Peer Reviews have been conducted in eight states—South Carolina, Tennessee, Colorado, New Mexico (twice), Washington, Idaho and Michigan. If your state would like to host a Peer Review this year, please contact Carlisle Smith at firstname.lastname@example.org. n
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 33
RA D INSP ECT IO N NE W S
FMCSA A&I Data for level VI Roadside Inspections for FY 2013 and FY 2014 (YTD) Roadside Inspections, level VI (2013 - Fiscal) lEVEl VI INSPECTIONS
Roadside Inspections, level VI (2014 â€“ Fiscal YTD)
% of Total
Number of Level VI Inspections
Point of Origin
Point of Destination
lEVEl VI INSPECTIONS
% of Total
Number of Level VI Inspections
Point of Origin
Point of Destination
Level VI Inspections with No Violations
Level VI Inspections with No Violations
Level VI Inspections with Violations
Level VI Inspections with Violations
Level VI Inspections with OOS Violations
Level VI Inspections with OOS Violations
WIPP Shipment & Disposal Information As of December 16, 2013
Site Argonne National Lab
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
FIRST QUARTER 2014
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 37
P L A N
N O W
A T T E N D !
CVSA WORKSHOP Building a Brighter Future: Quality, Uniformity and Consistency in CMV Safety and Enforcement April 6-10, 2014 Los Angeles, CA
Guardian_Vol21_Issue1_R4_Final_GuardianMagazine 3/5/14 12:07 PM Page 38
6303 Ivy Lane, Suite 310 Greenbelt, MD 20770-6319
View the magazine online at www.cvsa.org/guardian
CALENDAR OF EVENTS
Make Plans Now!
2014 CVSA Workshop APRIL 6-10, 2014 Westin Bonaventure Hotel & Suites | Los Angeles, CA
2014 NAIC AUGUST 11-15, 2014 Marriott Pittsburgh City Center | Pittsburgh, Pennsylvania
2014 CVSA Annual Conference & Exhibition SEPTEMBER 14-18, 2014 Marriott Pittsburgh City Center | Pittsburgh, Pennsylvania
2015 COHMEDâ€ˆConference JANUARY 26-30, 2015 Hyatt Regency Long Beach | Long Beach, California
2015 CVSA Workshop APRIL 12-15, 2015 Hyatt Regency Jacksonville | Jacksonville, Florida
2015 CVSA Annual Conference & Exhibition SEPTEMBER 13-17, 2015 Boise Center | Boise, Idaho
CVSA WORKSHOP Building a Brighter Future: Quality, Uniformity and Consistency in CMV Safety and Enforcement
learn more at www.cvsa.org/events April 6-10, 2014 Los Angeles, CA