Tag: Fatigue
Kentucky Op-Ed: More dangerous highways? Give it (and drivers) a rest
As Thanksgiving travelers hit the highways for home, consider that the trucking industry is so desperate for drivers that it’s pushing to lower the minimum driving age from 21 to 18 and is aggressively recruiting retirees.
The industry estimates that it will need to hire 89,000 new drivers each year over the next decade to replace retirees and meet growing freight demand. Here’s a recruiting tip: Start treating drivers like humans rather than automatons that don’t need to sleep.
Instead, with help from friends in Congress, the industry is out to kill rules aimed at protecting all of us, which guarantee that drivers of commercial vehicles, including buses, get reasonable rest. Congress must pass a spending plan by Dec. 9, so the plan is to attach repeal of Obama administration rest rules to it.
Kentuckians Mitch McConnell, the Senate’s majority leader, and House Appropriations Chairman Hal Rogers are in positions to stop the permanent repeal of science-based requirements for 34 hours of rest, including two periods between 1 a.m. and 5 a.m. when sleep is most restorative, after driving 60 hours in a week and a 30-minute rest break within the first eight hours of a shift to preserve alertness. The industry also is seeking to block state rest requirements.
At the very least, such critical safety decisions should be subject to public debate and not attached to measures that must pass to avert a government shutdown.
After years of study, the anti-fatigue rule took effect in 2013, but Congress suspended it — despite a 50 percent increase in the number of people injured in large truck crashes from 2009 to 2014. Truck crash deaths increased 20 percent from 2009 to last year when 4,067 people died in truck crashes, the most since 2008.
This won’t surprise: When tractor-trailer rigs tangle with passenger vehicles, 97 percent of the dead are occupants of the passenger vehicles. The lethality of truck crashes is evident in Kentucky where last year big trucks were involved in 4 percent of all vehicle collisions but in 9 percent of fatal collisions.
Driving a large truck is one of the most dangerous jobs; more than 700 commercial drivers died on the job in 2013, according to Bloomberg. Drivers are exempt from federal overtime rules and are usually paid by the mile.
A stunning 48 percent of truck drivers said they had fallen asleep while driving, according to a survey funded by the Federal Motor Carrier Safety Administration .
Reducing fatigue-related accidents is one of the top priorities of the National Transportation Safety Board, which investigates transportation accidents and disasters and makes recommendations for averting them in the future. “Fatigue degrades a person’s ability to stay awake, alert, and attentive to the demands of controlling their vehicle safely. To make matters worse, fatigue actually impairs our ability to judge just how fatigued we really are,” says the NTSB. A fatigued driver can be as impaired as someone who is legally drunk.
Instead of rolling back rest requirements, Congress and federal transportation officials should be looking at requiring regular skills tests of commercial drivers. CBS News recently reported a 19 percent increase in accidents involving commercial truck and bus drivers in their 70s, 80s and 90s in the last three years. More than 6,636 crashes in just 12 states involved elderly commercial drivers from 2013 to 2015, according to CBS.
We all depend on products moved by truck. Fortunately, the trucking industry is not unanimous in its opposition to the rest rule. By saving the rule, Congress can ensure that a commitment to safety does not become a competitive disadvantage.
Read more here: http://www.kentucky.com/opinion/editorials/article117054288.html#storylink=cpy
Letter from NC Truck Safety Advocates to Secretary Foxx on Hours of Service
November 9, 2016
The Honorable Anthony Foxx Secretary,
U.S. Department of Transportation
1200 New Jersey Ave., SE Washington, DC 20590
Dear Secretary Foxx:
We appreciate your verbal commitment to improving safety of our roads and vehicles throughout your tenure as Secretary of Transportation. In public meetings and congressional hearings, you have consistently said that far too many people are killed despite decades of safety advances. We completely agree with that statement. Yet, it will be your actions that truly make the difference in decreasing the deaths and injuries that have left families like ours devastated and incomplete. We urge you to stand with us and oppose any provisions in the Omnibus Appropriations bill that will weaken the Hours of Service (HOS) regulations by overturning the Obama rule and increasing truck drivers’ weekly working and driving hours from 70 to 82 and eliminating their required “weekend” off. It is imperative that the Administration continues the position relayed in the May 16, 2016, Statement of Administration Policy on how changes to the HOS rules “have the potential to undercut public safety.” Now is the time when the rubber hits the road, and we need your leadership to ensure the safety of truck drivers and all motorists on our roads and highways.
With truck crashes having skyrocketed by 44 percent between 2009 and 2014 (the last available year of complete data), weakening any truck safety rule or law should not even be considered. The attack on truck driver HOS rules on Capitol Hill will undue rules that were issued by the U.S. DOT after consideration of 21,000 formal docket comments submitted from drivers, carriers, state law enforcement, safety advocates and trucking industry associations; six public listening sessions and an online Q&A forum; review of 80 sources of scientific research and data; a Regulatory Impact Analysis of nearly 50 scientific sources; 10 years of rulemaking; and, three successful lawsuits. Moreover, the anti-Obama HOS rule provision has not been subject to any public scrutiny, committee hearings, or adequate safety review, and this substantive policy overhaul is not based on any sound scientific research, independent expert analysis, or objective peer review.
If this anti-safety measure is enacted, it will result in more overtired and overworked truck drivers driving alongside our loved ones, which will inevitably lead to more crashes, injuries, and fatalities. As you know, driver fatigue is a well-documented and widespread problem in the trucking industry. In fact, the Department of Transportation’s own data shows that more than six out of ten truck drivers have driven while fatigued, and nearly half have admitted to falling asleep behind the wheel. Clearly, the solution to this pervasive problem is not to add more driving and working time, but rather to consider ways to address and prevent fatigue.
As the President’s top transportation advisor, you have the unique ability to demonstrate your commitment to safety and stop this attempt to weaken HOS regulations by recommending that the President continue to oppose and veto any spending bill that includes language seeking to increase the number of truck driver working and driving hours. We hope we can count on you to ensure that this Administration vocally opposes and does not sign into law any bill that will degrade highway safety in any way.
Sincerely,
Jennifer Tierney
Kernersville, NC
Board Member, Citizens for Reliable and Safe Highways (CRASH)
Daughter of James Mooney
Killed in a truck crash 9/20/83
Jackie Novak
Edneyville, NC
Volunteer, Truck Safety Coalition
Mother of Charles “Chuck” Novak
Killed in a truck crash 10/24/10
Maine Voices: Sen. Collins needs to change her position on trucking safety rules
As summer winds down, it is time to reflect on the safety of our roads and the hundreds of loved ones across the country who were needlessly killed or injured in truck crashes over the past few months. Our sons were killed in crashes caused by tired truckers. They were two of the nearly 4,000 people who die each year in truck crashes, many of which are preventable. Another 100,000 people are seriously injured.
Since the tragic deaths of our sons, our mission has been devoted to preventing this tragedy from happening to others by promoting common-sense safety solutions. Yet, one of our own U.S. senators, Susan Collins, continues to thwart our efforts to improve truck safety for families in Maine and across the country.
For the past few years, Sen. Collins has been the flag-bearer for trucking interests seeking to undermine and undo safety rules. From her powerful seat as chair of the Senate Appropriations subcommittee that is responsible for determining spending levels for federal transportation programs, she has continually provided special access and favors to trucking interests.
For example, she single-mindedly sought to stop federal rules issued in 2013 on the number of driving and resting hours for truck drivers. Although truck driver fatigue is a well-documented and major cause of truck crashes, she just won’t stop.
After her previous attempts to kill off the federal safety rule on rest time for truck drivers fell short of her goal, she decided to take another approach. Instead of allowing the U.S. Department of Transportation to conduct an open and public rulemaking for a regulation based on research and science, she opted to write the rule herself.
Of course, she did it behind closed doors with the help of her trucking friends. When families of truck crash victims and safety groups objected and opposed her safety assaults, she resorts to questioning our motives. Does this behavior sound familiar from a politician in the news these days?
Several weeks ago, Sen. Collins announced in a Washington Post op-ed reprinted in this newspaper that she will not be voting for Donald Trump for president. One of the reasons she cites is his criticism of the grieving parents of Army Capt. Humayun Khan, which she found unacceptable. Yet she is quick to criticize grieving parents who have lost children in truck crashes because we won’t be silenced and have the audacity to challenge her efforts to set back safety on behalf of special trucking interests.
The senator complained earlier this year in media interviews that safety groups were ignoring other provisions recently passed in Congress mandating federal rules forspeed-limiting devices on large trucks and electronic logging devices for recording work and driving hours of truckers.
For many years, we have strongly supported and urged adoption of these truck safety measures and will continue to push agency actions because of unacceptable and excessive government delays. During these years, Sen. Collins has stood on the sidelines on these issues.
Now, she stands near the finish line of our long and difficult efforts to enhance safety, eager and ready to take credit for these safety improvements that were proposed, promoted and brought to near conclusion by others.
Increasing the number of hours that a trucker can work and drive and reducing rest time, as Sen. Collins has done, are not sensible solutions unless you are championing industry profits. Truck crashes have surged from 286,000 in 2009 to 411,000 in 2014– a 44 percent increase. Furthermore, truck crash injuries have skyrocketed by 50 percent during that same period. Truck crash fatalities also continue to rise, increasing nearly 16 percent between 2009 and 2014.
The bad news is the DOT just released figures showing that truck crash fatalities increased by another 4 percent from 2014 to 2015, exceeding 4,000 annual deaths for the first time since 2008.
A staggering 80 percent of the public oppose longer hours for truck drivers. Truck drivers deserve a real “weekend” off and the public deserves to be sharing the road with truck drivers who are rested and alert. It is time for Sen. Collins to stop picking on victims of truck crashes and safety groups and start listening to her constituents and the American people she was elected to represent.
ABOUT THE AUTHORS
Daphne Izer of Lisbon and Christina Mahaney of Jackman are mothers whose sons were killed in fatigue-related truck crashes.
Be Careful Driving This Memorial Day, Truck Drivers Are Falling Asleep Across the Country
Minnesota:
On May 5th, a semi driver fell asleep behind the wheel before causing a three-truck crash. According to the Minnesota State Police, “Timothy Tillman, a 31-year-old Minneapolis man, fell asleep while driving his 2001 International 4000 series truck and rear-ended a 1995 International being driven by Brandon Belland, a 25-year-old Milaca man. Belland’s truck then rear-ended a 1998 International truck being driven by Steven Workman, a 21-year-old Princeton man.”
Ohio:
After falling asleep while driving, a truck driver crashed his box truck into a rest stop in Ohio on May 20th. According to the Ohio Highway Patrol, there was little evidence of braking and nothing wrong with the truck’s brakes. The truck driver was cited for driving a commercial vehicle with impaired awareness and failure to maintain control.
Indiana:
On May 25th, a truck driver was stopped at a red light when another truck failed to stop in time, struck it, then rolled on top of it, eventually causing the vehicles to combust . According to the Whitley County Sherriff’s Department, the driver of the second truck told them that he fell asleep behind the wheel, which is why he was inattentive and unable to stop in time. The driver of the first struck sustained burns to his body as we has trapped in the cab of his burning truck before being extricated.
TSC supports efforts to reduce truck driver fatigue. We will continue to oppose exemptions and rollbacks of the Hours of Service regulations, and support efforts to ensure truck driver fitness as well as efforts to change truck driver compensation.
Two People Critically Injured Due to Truck Crash in Licking County, Ohio
On April 12, 2016 at approximately 8:40 a.m., State Trooper Rodney A. Hart, 45, was parked in the right lane of I-70 east of Buckeye Lake helping Shanice J. Parker, 23, with a disabled car when they were both hit by a semi-truck.
According to the Ohio State Highway Patrol, Rodney A. Hart and Shanice J. Parker were both inside the cruiser when the semi-truck drifted into the right lane, drove through the flares, and hit the patrol car. Ms. Parker was airlifted to Ohio State University Wexner Medical Center for treatment of serious injuries. Trooper Rodney A. Hart was transported to Licking Memorial Hospital in Newark for his injuries and later released.
The truck driver, Eric Miller, 36, of Montrose, South Dakota, was not injured and was charged with failure to maintain an assured clear distance ahead, failure to yield to an emergency vehicle and driving a commercial vehicle with impaired alertness.
The crash is under investigation by the Ohio State Highway Patrol.
Truck driver fatigue has been recognized as a major safety concern and a contributing factor to fatal truck crashes for over 70 years. Studies sponsored by the Federal Motor Carrier Safety Administration (FMCSA) reveal that 65% of truck drivers report that they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year.
To find more information please visit the website: http://www.trucksafety.org or send an email to info@trucksafety.org
Two Dead after Truck Crash in Henry County, KY
On April 12, 2016, at approximately 4:00 a.m., the driver, identified as Jordan Mefford, 23, and his girlfriend, Jacqueline Hayes, 26, were driving southbound on I-71 in Henry County when a tractor-trailer traveling north crossed the median and struck their vehicle.
Jacqueline Hayes was pronounced dead at the scene and Jordan Mefford was airlifted to University of Louisville Hospital for treatment, but later died that night due to his injuries.
The driver of the tractor trailer was also taken to the University of Louisville Hospital for treatment. The crash is under investigation by the Kentucky State Police.
Truck driver fatigue has been recognized as a major safety concern and a contributing factor to fatal truck crashes for over 70 years. Studies sponsored by the Federal Motor Carrier Safety Administration (FMCSA) reveal that 65% of truck drivers report that they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year.
To find more information please visit the website: http://www.trucksafety.org or send an email to info@trucksafety.org
Large Truck hits Man from behind in Sumner County, Kansas
On April 27, 2016, at approximately 2:42 a.m., George Britt, 50, was stopped at a toll both on the Kansas Turnpike when his vehicle was struck from behind by a large truck.
Mr. Britt was transported to a hospital for treatment of his injuries. The truck driver was also transported to the hospital for treatment of his injuries. The crash is under investigation by the Kansas Highway Patrol.
Truck driver fatigue has been recognized as a major safety concern and a contributing factor to fatal truck crashes for over 70 years. Studies sponsored by the Federal Motor Carrier Safety Administration (FMCSA) reveal that 65% of truck drivers report that they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year.
To find more information please visit the website: http://www.trucksafety.org or send an email to info@trucksafety.org
Five People Injured and One dead in a Truck Crash in Lee County, FL
On May 16, 2016, a truck driver was driving a tractor-trailer northbound on Summerlin Road in Fort Myers, when traffic ahead of him began to slow. He failed to slow down and crashed into the back of a Lincoln Town Car. The impact started a chain reaction crash involving a total of seven vehicles.
The Town Car burst into flames and the back seat passenger, Kristin Lee, 38, was fatally injured. The driver, James Cwanek, 70, and front seat passenger, Austin Perkins, were transported to Tampa Regional Hospital for treatment of critical injuries.
The driver of the vehicle in front of the Town Car, Brian Crump, 27, and his passenger, Nadine Saint-Vil, 25, were transported to Health Park Hospital for treatment of serious injuries.
The next vehicle driven by Robert Ingalls, 84 was also injured. He was also transported to Health Park with serious injuries.
The truck driver suffered minor injuries. The crash is under investigation by the Florida Highway Patrol. Charges are pending the completion of the investigation.=
Truck driver fatigue has been recognized as a major safety concern and a contributing factor to fatal truck crashes for over 70 years. Studies sponsored by the Federal Motor Carrier Safety Administration (FMCSA) reveal that 65% of truck drivers report that they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year.
To find more information please visit the website: http://www.trucksafety.org or send an email to info@trucksafety.org
One Woman Dead and One Woman Injured after a Crash with a Tractor-Trailer in Warren County, MS
On April 30, 2016, at approximately 2:00 a.m., Ashley Dancer, 26, pulled over onto the shoulder of eastbound I-20 to assist Jamia Ransome, 27, who had a flat tire. Ms. Dancer was sitting on the shoulder between the two vehicles and Ms. Ransome was sitting on her GMC Yukon, when a tractor-trailer veered off the interstate and struck the Explorer. The impact caused the Explorer to strike Ms. Dancer and the Yukon.
Ashley Dancer was fatally injured in the crash. Jamia Ransome was transported to University of Mississippi Medical Center for treatment of injuries.
The truck driver was also injured and transported to the medical center for treatment. The crash is under investigation by the Mississippi Highway Patrol.
Truck driver fatigue has been recognized as a major safety concern and a contributing factor to fatal truck crashes for over 70 years. Studies sponsored by the Federal Motor Carrier Safety Administration (FMCSA) reveal that 65% of truck drivers report that they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year.
To find more information please visit the website: http://www.trucksafety.org or send an email to info@trucksafety.org
A Davis Man Died on I-80 Truck Wreck in Contra Costa County, CA
On April 21, 2016, at approximately 3:22 a.m., when Angela Valenzuela, 25 had to stop on I-80 freeway due to an earlier accident. As he is waiting for the flow of traffic to resume, Mr. Valenzuela was struck from behind by a tractor-trailer.
The truck and Mr. Valenzuela’s vehicle collided in an area of the highway where lanes blocked off for overnight Caltrans work.
According to CHP Officer Brandon Correia, the vehicles were pushed toward the center divider and careened back into traffic. Three more vehicles were then crashed while trying to avoid the first crash.
Mr. Valenzuela died at the scene. The crash is under investigation by the California Highway Patrol.
Truck driver fatigue has been recognized as a major safety concern and a contributing factor to fatal truck crashes for over 70 years. Studies sponsored by the Federal Motor Carrier Safety Administration (FMCSA) reveal that 65% of truck drivers report that they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year
To find more information please visit the website: http://www.trucksafety.org or send an email to info@trucksafety.org
THUD Bill with Tired Trucker Provision Passes House Committee
For Immediate Release: May 24, 2016
Contact: Beth Weaver 301-814-4088, beth_weaver@verizon.net
THUD Bill with Tired Trucker Provision Passes House Committee
The House Committee on Appropriations today passed the Fiscal Year 2017 Transportation, Housing and Urban Development (THUD) Appropriations bill, which included Section 132 – the tired trucker provision. We are disappointed that a majority of the committee opposed an amendment offered Congressman David Price (D-NC) to remove this and other anti-safety riders from the bill.
Daphne Izer, founder of Parents Against Tired Truckers (PATT) said, “I am frustrated that year after year, our lawmakers are more focused on inserting corporate earmarks into must-pass bills than passing data-driven safety solutions that will save lives and prevent injuries. Not only does this special interest handout, which will change a federal safety rule, have no place in an appropriations bill, it has no place in any bill. The tired trucker provision has not been subject to any public scrutiny, committee hearings, or adequate safety review. Trucking industry lobbyists should not be able to use the appropriations process to drive their agendas, while everyday people like me are forced to wait years for meaningful safety reforms in the gridlocked legislative avenues available to the non-lobbying public.”
Jennifer Tierney, the Truck Safety Coalition’s North Carolina Volunteer Coordinator stated, “I was very pleased when I heard that Representative Price offered an amendment to remove several anti-safety riders from the THUD bill, and I thank him on his efforts on behalf of families, survivors, and the motoring public. After more than three decades of advocacy, however, I was not surprised that this commonsense, pro-safety amendment was rejected in favor of a corporate handout. With nearly 4,000 people killed and 100,000 injured year as a result of truck crashes, it is time for our lawmakers to finally acknowledge that increasing a truck driver’s driving and working hours is not the solution to the major safety issue of fatigue.”
“Ultimately, the rejection of the Price amendment has created a tradition that adversely affects policy as well as process. Nevertheless, the Truck Safety Coalition will continue to educate the public and lawmakers about policies and regulations that will reduce the number of large truck crashes and the resulting injuries and fatalities.” Tierney concluded.
The Truck Safety Coalition is a partnership between Citizens for Reliable and Safe Highways (CRASH) and Parents Against Tired Truckers (PATT). The Truck Safety Coalition is dedicated to reducing the number of deaths and injuries caused by truck-related crashes, providing compassionate support to truck crash survivors and families of truck crash victims, and educating the public policy-makers and media about truck safety issues.
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Letter to the editor: Sen. Collins puts trucking industry profits before public safety
The May 11 column “Maine Voices: Common-sense restrictions on truck drivers’ hours must be preserved” makes inaccurate statements about anti-truck safety provisions championed by Sen. Susan Collins, R-Maine.
There are about 500 truck crashes annually in Maine. Many crashes result in deaths and injuries, and the victims are usually Maine families.
Despite the carnage, Sen. Collins continues to be the star quarterback for special trucking interests seeking to repeal safety regulations that protect the lives of truck drivers and Maine families. National news stories have documented her legacy working on behalf of corporate trucking interests and, in turn, their generous largesse for her support.
Unfortunately, the annual government spending bill has become her private domain for pushing anti-truck safety measures. When trucking interests sought to significantly increase truck weights in Maine, Sen. Collins was ready to help. Last year, FedEx and others recognized a willing partner in Sen. Collins when they sought to overturn laws in 39 states, including Maine, and allow monster-sized trucks across the country.
And, for the third consecutive year, as a senior Appropriations Committee member, she slipped a provision into the bill to repeal the reasonable federal limits on the driving and working hours of truckers, although fatigue is a major cause of truck crashes.
However, this time she went even further and wrote into law an increase in the driving hours of truckers from 60 to 73 in a week. This is insane, but she has the temerity to actually claim it will be safer. This proposal had no congressional hearing, no scientific review and no public input. But it’s no problem if you are a well-connected trucking lobbyist.
Truck crashes kill 4,000 people and injure 100,000 more annually. Sen. Collins’ solution is to help corporate trucking interests protect their profits, but not public safety.
Joan Claybrook
Former Administrator, National Highway Traffic Safety Administration
Washington, D.C.
Op-Ed: Truckers’ hours are long enough
Monroe County residents have witnessed some spectacularly devastating truck accidents over the years. They should beware measures under consideration in Congress this week that would raise truckers’ allowable working and driving hours, risking even more crashes that would imperil drivers themselves and the motoring public.
Congress is doing this virtually without public scrutiny — without hearings and under pressure from the trucking industry — by including these unsafe proposals in fiscal year 2017 appropriations bills. Elected officials in both the Senate and the House don’t want to get in the way of their precious federal funds.
But human life is precious, too. Senate and House committees are considering raising truckers’ allowable hours from the 60 currently permitted to 73 driving hours per week, plus 10 non-driving hours — loading, unloading, for example. Truckers could take as little as a mere day plus 10 hours, just 34 hours total, time off before they could begin their “work week” all over again. This is more than risky, it’s dangerous. Public safety should never be compromised for the sake of trucking companies’ bottom line.
Drivers themselves oppose these changes. The Teamsters, citizens’ groups, law enforcement agencies, federal and state safety officials and even some trucking companies argue, sensibly, against expanding work hours beyond the cap the Obama administration instituted in 2013.
The National Transportation Safety Board lists reducing fatigue-related crashes as among its top priorities this year, noting that truck crashes result in 4,000 deaths and 100,000 injuries every year. Driver fatigue is a frequent factor. The NHTSA’s National Automotive Sambling System Crashworthiness Data System crunched data and estimated that 16;5 percent of fatal crashes involved drowsy driving.
Anyone who uses Interstate 80, I-380 or four-lane Route 33/209 is aware of the truck-related carnage that should be everyone’s mission to reduce. Pennsylvania Congressman Shuster, R-9, chairs the House transportation and infrastructure committee. He should vigorously oppose these changes, which industry lobbyists succeeded in getting legislators to slip into the appropriations bills specifically to avoid the public hearings that would be necessary at the committee level. Call Shuster in Washington at 202-225-2431. Ask him which is more important: trucking company profits, or people’s lives?
Link to Article: http://www.poconorecord.com/opinion/20160518/truckers-hours-are-long-enough
Congress Is Using Zika To Weaken Truck Safety
WASHINGTON — Truck driver Dana Logan tried on Wednesday to recount a crash that decapitated two fathers and two children, hoping to convince Congress to stop weakening rules that require truckers to get rest.
She couldn’t do it. A dozen years after the fatigued driver of another truck fell asleep and drove into an SUV stuck in traffic behind her rig on a Texas highway, Logan was still too devastated to finish talking about it.
She drives trucks with her husband, Tim, as a team. That June day in 2004 near Sulphur Springs, the other driver fell asleep and rammed the SUV, pushing it under the carriage of Logan’s trailer, shearing off the top half of the vehicle with its four helpless passengers inside.
Logan got as far as recalling how her husband rushed to help the other trucker.
“When Tim tried the get the injured driver out of the truck, he [the other driver] asked him, ‘Did I hit something?’ Those were his last words before he died,” Logan told reporters in a conference call aimed at legislation moving in Congress this week.
Sobbing, Logan had to stop. She asked her husband to finish.
What the Logans and other safety advocates are worried about are measures that would allow truck drivers to work more than 80 hours a week, tacked onto to separate appropriations bills in the House and the Senate.
In the Senate, a measure that allows 73 hours of driving and an additional 8.5 hours on related work each week was added to a massive spending measure that will fund transportation, housing and military construction projects, as well as the Veterans Administration. Funding for Zika prevention has also been added to that bill, making it very likely to pass.
In the House, measures were added to the transportation and housing appropriations bill under consideration in the committee that set similar rest rules, reverting to regulations originally set in the Bush administration that were repeatedly challenged and thrown out in lawsuits.
Both bills would prevent the Obama administration from enforcing a regulation that briefly went into effect in 2013 that effectively capped truck drivers’ working hours at 70 a week, and ensured they could have two nights off in a row. That rule was blocked by a rider in a 2014 spending bill, which had to pass to avert a government shutdown.
The new inserted policy provisions represent a trend over the last three years of trucking industry interests using must-pass spending bills to win regulatory concessions that are opposed by most safety advocates and likely could not pass as normal stand-alone bills. In this case, not only do the bills fund major parts of the government, they provide cash to fight Zika.
“There’s not been any congressional hearings on any of these proposals,” said Jackie Gillian, the president of Advocates for Highway and Auto Safety. “The trucking industry doesn’t want to have hearings, they don’t want to hear from truck drivers like Dana Logan. They don’t want to hear from victims.
“They know that if they do have testimony and they have the experts up there, the people affected, that they would see how illogical and insane these proposals are,” Gillian said.
Those trucking interests see the complaints of safety advocates as illogical.
On the rest requirements, known as hours-of-service rules, the industry believes advocates are inventing problems.
“There’s this claim by these anti-truck groups that drivers are abusing it. There’s no data showing that,” said Dave Osieki, who is in charge of public advocacy at the American Trucking Associations.
Osieki argued that it’s nearly impossible for drivers to string together their hours to hit the 80-plus hour maximums that are theoretically allowed under the rules that the trucking provisions in both spending bills would preserve. “We just don’t see a need for it,” he said of the tougher Obama administration standard with two nights off.
Osieki added that he’s seen no evidence that hours of service rules improve safety.
“Show me a link between compliance or noncompliance of the hours of service rules, and there is none,” he said.
Nevertheless, police who enforce the highway safety laws do see a connection.
One is Illinois Trooper Douglas Balder. Balder was nearly burned alive when a truck driver completely ignored the rules, and drove into the back of Balder’s patrol car. Balder, also a military veteran, spent months in rehab to get back on the beat. He doesn’t want Congress rolling back safety rules, and joined Wednesday’s conference call to say so.
“I continue to take to the road every day to do my part to protect the people and ensure the law is upheld,” Balder said. “I cannot do my job alone. I urge Congress to take necessary action to ensure our safety, not to put us further at risk.”
The White House has threatened to veto the Senate spending bill, in part because of the rest rule rollback. But the prospect of a veto is less likely with the Zika measure attached.
Three senators, Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.) and Ed Markey (D-Mass.) hoped to offer an amendment in debate Thursday to restore the Obama rest regulations. It was unclear if they would get the chance amid all the back-and-forth around Zika and other pressing matters surrounding the larger legislation. Democrats tried to remove Zika funding from the bill on Wednesday, but were blocked.
Link to Article: http://www.huffingtonpost.com/entry/congress-zika-truck-safety_us_573cfc0ae4b0646cbeec1b89
Appropriations Trickery in Congress
It is an old congressional ritual: loading up vital spending bills that are meant to keep the government running with dangerous amendments aimed at satisfying ideological causes and benefiting special interests.
The Republicans have become adept at this practice in recent years, and this year is no different. Legislative riders attached to appropriations bills would undermine the Iran nuclear deal, weaken highway safety and reduce the Food and Drug Administration’s authority over tobacco products.
These measures would be unlikely to succeed as stand-alone bills, either because they could not get enough votes on their own or because President Obama would veto them. So better to sneak them in without even holding hearings to make a case on their behalf.
Thankfully, Democratic lawmakers and public interest groups are calling attention to these stealth attacks. In the Senate, Democrats managed on Wednesday to block a vote on a water and energy spending bill after Senator Tom Cotton, Republican of Arkansas, tried to attach a provision that would have dealt a severe blow to the Iran nuclear deal. Mr. Cotton’s measure would have blocked the administration from purchasing heavy water used in Iran’s nuclear facilities. Iran has to get rid of the water to comply with the deal. By denying Iran an American market, Mr. Cotton and other Republicans hoped to undermine the deal, which they hate.
The Senate will soon consider a transportation bill containing a rider that could prevent the Department of Transportation from reinstating a rule aimed at making roads safer by requiring that truckers get adequate rest — two nights of rest after working 60 hours over seven consecutive days or 70 hours over eight consecutive days.
The rule took effect in July 2013, but it was suspended by Congress in December 2014. The rider bars the administration from reinstating the rule unless it can show that it produced a “statistically significant” improvement in safety and driver health during the brief time it was in place.
That is a ridiculously high burden to meet. If the provision becomes law, it will be impossible for the government to issue basic regulations to make sure companies are not putting dangerously tired drivers on the road.
And the House Appropriations Committee recently passed an agriculture and food spending bill that would make it very hard for the F.D.A. to regulate tobacco products. A rider attached in committee would forbid the agency from regulating “large and premium cigars”; another would rewrite a 2009 law that gave the agency the authority to approve or reject tobacco products that have entered the market after Feb. 15, 2007. This would include electronic cigarettes, for which the agency has proposed regulations.
To prevent the agency from taking e-cigarettes off the market and effectively grandfather them in, Republican lawmakers want to require pre-approval only for products that come out after the F.D.A. issues its final e-cigarette rules, which could be later this year. A recent study by the Centers for Disease Control and Prevention found that the devices are now more popular than conventional cigarettes with middle- and high-school students.
Riders like these are not harmless passengers on legislative vehicles. They can and will do real damage if they are allowed to succeed.
Link to Article: http://www.nytimes.com/2016/05/02/opinion/appropriations-trickery-in-congress.html?smprod=nytcore-iphone&smid=nytcore-iphone-share&_r=1
Two People Critically Injured Due to Truck Crash in Licking County, Ohio
On April 12, 2016 at approximately 8:40 a.m., State Trooper Rodney A. Hart, 45, was parked in the right lane of I-70 east of Buckeye Lake helping Shanice J. Parker, 23, with a disabled car when they were both hit by a semi-truck.
According to the Ohio State Highway Patrol, Rodney A. Hart and Shanice J. Parker were both inside the cruiser when the semi-truck drifted into the right lane, drove through the flares, and hit the patrol car. Ms. Parker was airlifted to Ohio State University Wexner Medical Center for treatment of serious injuries. Trooper Rodney A. Hart was transported to Licking Memorial Hospital in Newark for his injuries and later released.
The truck driver, Eric Miller, 36, of Montrose, South Dakota, was not injured and was charged with failure to maintain an assured clear distance ahead, failure to yield to an emergency vehicle and driving a commercial vehicle with impaired alertness.
The crash is under investigation by the Ohio State Highway Patrol.
Truck driver fatigue has been recognized as a major safety concern and a contributing factor to fatal truck crashes for over 70 years. Studies sponsored by the Federal Motor Carrier Safety Administration (FMCSA) reveal that 65% of truck drivers report that they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year.
To find more information please visit the website: http://www.trucksafety.org or send an email to info@trucksafety.org
Statement of Daphne Izer in Response to Senate Appropriations Committee Passing Industry-Written Provision to Rewrite Laws Affecting Truck Drivers’ Hours of Service
Statement of Daphne Izer, Founder of Parents Against Tired Truckers (PATT)
In Response to Senate Appropriations Committee Passing Industry-Written Provision to Rewrite Laws Affecting Truck Drivers’ Hours of Service
April 21, 2016
For a third year now, the Senate Appropriations Committee has passed a spending bill that was co-authored by a select few trucking industry lobbyists. The industry-penned provision will increase the amount of hours truck drivers can work in a week and deprive truckers of a real weekend off. This is wrong on so many levels. Unfortunately, under the leadership of Senator Susan Collins, who chairs the subcommittee on Transportation, Housing and Urban Development (THUD), this practice is business as usual.
It is outrageous that segments of the trucking industry have been able to use must-pass spending bills as legislative vehicles to drive their agendas that make public safety take a back seat. What is even worse is that the process by which industry lobbyists write and insert their provisions is often highly secretive. This has allowed moneyed interests to make changes to laws governing trucking without so much as a congressional hearing, any federal agency review, or any public input.
Lawmakers should treat safety interests with the same importance as corporate interests, but this has not been the case with this appropriations subcommittee. For instance, I have been advocating for more than 20 years for laws requiring large trucks to have electronic logging devices (ELDs) and heavy vehicle speed limiters. Yet, it took nearly two decades for a Final Rule on ELDs, and the Final Rule for speed limiters was just delayed for the 28th time since being initiated in 2006. When trucking industry lobbyists realized they miswrote language, however, it only took them several weeks to secure an immediate change to the law from their friend in the Senate.
This egregious exploitation of the appropriations process is an affront to truck safety and to the memory of the thousands of Americans, including my son Jeff, who were needlessly killed in large truck crashes. With the one year anniversary of the truck crash that killed the five Georgia Southern University nursing students falling one day after this vote, I want to convey my sincerest sympathy to the families of Emily Clark, Catherine “McKay” Pittman, Caitlyn N. Baggett, Abbie L. Deloach, and Morgan J. Bass. Their deaths should serve as grave reminder that lawmakers need to do much more to combat the role that issues like fatigue play in causing truck crashes, including reversing the provision that was just passed.
It is time for Senator Collins to stop holding this “back door” open for industry insiders to have uninhibited access to write rules and laws that are in their best interest. Instead, she should look at the facts, listen to general public, and use a transparent process.
Senate Prepares To Make Truck Safety Even Worse, Advocates Warn
The industry has given lawmakers language that will set 73-hour maximum work weeks for drivers.
The move comes just days after The Huffington Post revealed that large trucking industry groups have spent the last several years quietly circumventing normal legislative procedures to win safety rule concessions — even as truck crashes have been on the rise.
Normally, transportation policy is decided by the Committee on Commerce, Science and Transportation. But failing to make progress there, the trucking industry seems to have persuaded the Appropriations Committee to add its policy provisions to spending bills.
In this case, according to advocates who have been briefed about the bill, the industry wrote a provision that will place some sort of cap on truckers’ work, keeping either driving or working hours to 73 per week.
Exactly what the cap — which is about 30 hours more than most Americans work each week — would mean is not completely clear. Representatives for Democratic and Republican leaders on the committee declined to make the language available to HuffPost, saying it will be public after the full committee considers the Transportation, Housing and Urban Development spending bill for 2017 this Thursday.
“They are writing law in a spending bill. They are completely bypassing the Commerce Committee,” said Jackie Gillian, the president Advocates for Highway and Auto Safety.
Gillian says the measure appears to have been written by the American Trucking Associations, a industry lobbying group. If the move succeeds, if could permanently change rest rules for increasingly beleaguered truck drivers — with no public input, no scientific evaluation and no discussion with regulators.
“It is like the worse of all possible worlds,” Gillian said. “The idea that the ATA has come in and written into law what they want done — I mean, can you imagine if this were the Federal Aviation Administration?”
The ATA did not say whether it wrote the new measure, though it offered comment on it and seemed to know what language it contained.
Ironically, the new provision is being dropped into a spending bill in an effort to correct confusion over another measure that was added through the appropriations committee, also without hearings or vetting.
The ATA first managed to get Sen. Susan Collins (R-Maine) to write legislation in 2014 to temporarily suspend rest rules that took effect in July 2013, which required drivers to get two nights of sleep and capped their working hours at 70 per week.
Collins’ one-year suspension also required a study of making drivers get two nights of sleep in a row as part of their weekly mandated 34-hour break, known as a restart. But the industry was unsatisfied. It won further modifications in 2015 for this year’s spending bill that made the study more complicated, and said that if the Federal Motor Carrier Safety Administration did not write new rules based on the study, the rules would revert to the old ones.
The problem was the language didn’t clarify which older rules it was referring to, meaning regulators could be turning back to mandates from President Franklin Delano Roosevelt’s administration that capped drivers’ hours at 60 a week — much more rest than under the modern system.
An ATA spokesman said the new 73-hour cap is meant to address this confusion.
“What the Senate language appears to do is retain the ability of drivers to reset their work weeks by taking an extended 34-hour off-duty period, with the recognition they are still limited to 73 hours of work (both driving and other work time) in seven calendar days,” Sean McNally said in an emailed comment.
“We appreciate the recognition by the Senate THUD subcommittee that the legislative drafting error from 2016 needs to be fixed,” he added.
McNally downplayed advocates’ concerns about over-tried truckers.
“ATA also knows that while professional truck drivers do not work wildly inflated weekly work hours that anti-truck groups claim, we understand the Subcommittee’s sensitivity to claims a handful of drivers might abuse the restart rule to work long hours in a week,” McNally said. “We look forward to working with members in both chambers and on both sides of the aisle to ensure that professional truck drivers continue to have the opportunity to get extended off-duty rest periods that reset their work week.”
The issue seems to have left Democratic Senators in a difficult position. While they would prefer the 2013 rules that gave truckers two nights of sleep, they also fear they don’t have the votes to block the 73-hour week.
Safety advocates told HuffPost that the ATA had tried to attach a 75-hour week to the Commerce Committee’s FAA bill that passed the Senate Thursday, but the measure was blocked.
Senate staff also declined to give the safety advocates copies of the new measure’s language, which would reveal specifically what the impact would be.
Gillian believed the reason is because the implications will not be good.
“They won’t release the sub-committee draft because they know what’s in there, and they know safety groups will go nuts,” Gillian said.
“This is their [the trucking industry’s] most bold and anti-safety measure yet,” she added.
Link to Article: http://www.huffingtonpost.com/entry/truck-safety-rules_us_57166a82e4b0018f9cbb3d28
Two People Critically Injured Due to Truck Crash in Licking County, Ohio
April 14, 2016
On April 12, 2016 at approximately 8:40 a.m., State Trooper Rodney A. Hart, 45, was parked in the right lane of I-70 east of Buckeye Lake helping Shanice J. Parker, 23, with a disabled car when they were both hit by a semi-truck.
According to the Ohio State Highway Patrol, Rodney A. Hart and Shanice J. Parker were both inside the cruiser when the semi-truck drifted into the right lane, drove through the flares, and hit the patrol car. Ms. Parker was airlifted to Ohio State University Wexner Medical Center for treatment of serious injuries. Trooper Rodney A. Hart was transported to Licking Memorial Hospital in Newark for his injuries and later released.
The truck driver, Eric Miller, 36, of Montrose, South Dakota, was not injured and was charged with failure to maintain an assured clear distance ahead, failure to yield to an emergency vehicle and driving a commercial vehicle with impaired alertness.
The crash is under investigation by the Ohio State Highway Patrol.
Truck driver fatigue has been recognized as a major safety concern and a contributing factor to fatal truck crashes for over 70 years. Studies sponsored by the Federal Motor Carrier Safety Administration (FMCSA) reveal that 65% of truck drivers report that they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year.
To find more information please visit the website: http://www.trucksafety.org or send an email to info@trucksafety.org
Two Dead after Truck Crash in Henry County, KY
April 14, 2016
On April 12, 2016, at approximately 4:00 a.m., the driver, identified as Jordan Mefford, 23, and his girlfriend, Jacqueline Hayes, 26, were driving southbound on I-71 in Henry County when a tractor-trailer traveling north crossed the median and struck their vehicle.
Jacqueline Hayes was pronounced dead at the scene and Jordan Mefford was airlifted to University of Louisville Hospital for treatment, but later died that night due to his injuries.
The driver of the tractor trailer was also taken to the University of Louisville Hospital for treatment. The crash is under investigation by the Kentucky State Police.
Truck driver fatigue has been recognized as a major safety concern and a contributing factor to fatal truck crashes for over 70 years. Studies sponsored by the Federal Motor Carrier Safety Administration (FMCSA) reveal that 65% of truck drivers report that they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year.
To find more information please visit the website: http://www.trucksafety.org or send an email to info@trucksafety.org
Maine Voices: In the long haul, tired truck drivers result in hazardous highways
LISBON — As many of my fellow Mainers know, after my son Jeff was killed by a tired trucker in 1993, I founded Parents Against Tired Truckers and began advocating to make trucking safer.
In over two decades of educating the public and lawmakers about truck safety, I have also worked to ensure that regulations like maximum driving hours and mandated meal and rest breaks are implemented to improve work conditions for truckers and to prevent fatigue-related truck crashes.
The fact that a fatigued truck driver killed my son is not unique. One survey found that 65 percent of truck drivers reported being drowsy while driving and 48 percent admitted to having fallen asleep while driving. And according to the National Transportation Safety Board, fatigue is a probable cause, a contributing factor or finding in nearly 20 percent of their investigations between 2001 and 2012. Clearly, we should not be hindering the government’s efforts to set maximum hours and require rest breaks.
Instead, we should be looking at ways to change the industry culture, which promotes driving faster and farther, even if a driver is tired. Given that so many truck drivers are paid per mile, it is no wonder that the industry has created this culture, which ultimately rewards unsafe behavior.
However, there are clear signs that the industry must change its ways. Driver pay has effectively dropped by nearly a third since deregulation in the 1980s, and employment turnover rates constantly hover over 90 percent.
According to the National Institute for Occupational Safety and Health’s National Survey of Long-Haul Truck Driver Health and Injury, nearly 75 percent of long-haul truck drivers received an unrealistically tight delivery schedule, and nearly 40 percent of long-haul truck drivers reported violating hours-of-service rules. This is a consequence of shippers, brokers and motor carrier management forgetting that drivers are not merely assets, and that crashes are not merely the cost of doing business.
The hours-of-service rules were put in place to cap the maximum amount of hours truck drivers can work to ensure that they are adequately rested and can safely operate their vehicles. Yet there are many people, including our members of Congress, who misunderstand this.
The sad truth is that there are truck drivers who routinely work over 80 hours per week, and do so without actual weekends off. This is wrong, unsafe and a result of the industry’s relentlessly rallying against hours-of-service rules and successfully convincing lawmakers to ratchet up the amount of time truck drivers are allowed to work.
It is unfortunate that U.S. Sen. Susan Collins is once again behind an industry-backed measure to weaken hours-of-service rules and embolden unsafe driving behavior that contributes to countless preventable truck crashes. And it is equally unfortunate that the senator has made a tradition out of pushing the trucking industry’s agenda to weaken hours-of-service rules through the appropriations process, which bypasses any public input.
If she really believes that this is something that will make trucking safer and be supported by most Americans, then she should have a hearing and listen to the 80 percent of the public who oppose legislative efforts to increase the number of hours that semi-truck drivers are allowed to work in a week – not just to industry lobbyists.
As chairwoman of the Transportation, Housing and Urban Development Appropriations Subcommittee, Collins knows that such policy changes have no place in a spending bill. As a bipartisan senator, she knows that there are proven methods that she could work with Democrats to enact, like crash avoidance technologies and adequate underride protections.
And as a fellow Mainer, she knows of the tragic loss experienced by people like me; like Christina Mahaney, whose 5-year-old son Liam was killed in 2011 when a truck driver spilled a load of logs into the family’s Jackman home, and like the countless other parents, children, siblings, spouses and friends – loss that could have been prevented by stronger truck safety laws.
Ultimately, our lawmakers have a duty to address the issue of truck driver fatigue and take action to prevent needless truck crash deaths and injuries. Increasing a truck driver’s workweek from 70 to 82 hours will definitely not solve this problem, but allowing truck drivers to have a real weekend off by requiring a 48-hour restart will.
From the Truck Safety Coalition… Tennessee Snow Plow and Salt Truck Drivers on the Clock Between 60-80 Hours Straight
Several “concerned employees” working for the Tennessee Department of Transportation sent an anonymous letter to the state’s DOT commissioner, which prompted an investigation that unearthed troubling information. Public records indicate that the state’s snow plow and salt truck drivers were on the road for upwards of 60 hours consecutively during and after several snow storms that occurred this year. Even though Federal laws exempts these drivers from Hours of Service rules during inclement weather so that the roads are cleared for first responders, the Tennessee DOT’s exploitation of this loophole is egregious. Lawmakers must do more to ensure that unsafe, tired truckers are on not the roads, especially in Tennessee where fatigue played a role in over 1,600 crashes last year.
Link to Article: http://wjhl.com/2016/03/14/public-records-from-tdot-reveals-snow-plow-drivers-worked-60-to-80-hours-without-sleep/
The Truck Safety Coalition Team
From the Truck Safety Coalition… Pilot Fatigue is Not Acceptable, So Why is Tired Trucking?
Since the 2011 Hours of Service rules were first announced by the Federal Motor Carrier Safety Administration (FMCSA) in December 2011, the trucking industry has launched annual attacks trying to weaken these regulations. That same year, the Federal Aviation Administration (FAA) also announced comprehensive changes to rules governing pilot scheduling. Interestingly, there was much less push back from those in the aviation industry to limit the amount of hours a pilot can work.
The FAA rule changes are based on scientific research and data regarding circadian rhythms. The FAA also limited flight time – when the plane is moving under its own power before, during, or after flight – to 8 or 9 hours depending on the start time of the pilot’s entire flight duty period. Additionally, the rule addresses potential cumulative fatigue by placing weekly and 28-day limits on the amount of time a pilot may be assigned to any type of flight duty.
As a result of the FAA’s updates, commercial pilots seldom experience a 14-hour workday, which is not the case for many truckers. Given that the odds of dying in a traffic accident is 1 in 14,000, while there is only a 1 in 4.7 million chance of dying on a commercial flight, it is surprising that more people do not share our sense of urgency in needing to address the amount of hours truckers can work daily, weekly, and monthly.
It is unfortunate that there has been so much pushback from the trucking industry to embrace much-needed regulations that will prevent fatigue-related truck crash deaths and injuries. TSC will continue to defend HOS rules to ensure that truck drivers are adequately rested so that driving a truck becomes as safe as flying a plane.
Link to Article: http://www.huffingtonpost.com/entry/airplanes-safer-than-buses-and-trucks-sleep_us_56f591d8e4b014d3fe2319e3
The Truck Safety Coalition Team
From the Truck Safety Coalition… New Study Highlights the Importance of Treating Obstructive Sleep Apnea
Obstructive sleep apnea (OSA) is a common sleep disease afflicting at least 25 million adults in the U.S., and, if left untreated, will continue to be a pervasive threat to truck safety. According to a recent study on truck drivers with OSA, treatment is key in reducing their crash risks. One particularly effective method for treating OSA is the use of positive airway pressure (PAP) therapy. Results of the study show that the rate of serious, preventable crashes was five times higher among truck drivers with OSA who failed to adhere to PAP therapy, compared with matched controls. This study reaffirms TSC’s position that requiring comprehensive sleep apnea screening for commercial vehicle drivers will reduce fatigue-related crashes.
Link: http://www.eurekalert.org/pub_releases/2016-03/aaos-crs030216.php
The Truck Safety Coalition Team
From the Truck Safety Coalition… National Academy of Sciences Releases Report with Recommendations for Studying Truck Driver Fatigue
The National Academy of Sciences released a report recommending how the FMCSA could improve its research and data collection efforts pertaining to the relationship between commercial motor vehicle (CMV) driver fatigue and crashes. The study identifies obstacles to researching the link between fatigue and crashes, such as the inability to objectively measure fatigue and the difficulty of determining if drivers are actually resting during their mandated time-off. The study also acknowledged that commercial driver fatigue contributes to between 10 and 20 percent of the nearly 4,000 annual CMV crash fatalities. The NAS report, if utilized properly, will help the FMCSA improve their analysis of truck and bus driver fatigue moving forward. The report can be downloaded by clicking on the link below and following the instructions on the following page.
Link to Report: http://www.nap.edu/catalog/21921/commercial-motor-vehicle-driver-fatigue-long-term-health-and-highway-safety
The Truck Safety Coalition Team
From The Truck Safety Coalition… Agencies Release ANPRM for Obstructive Sleep Apnea
On Wednesday, March 9th, the Federal Motor Carrier Safety Administrations (FMCSA) and Federal Rail Administration’s (FRA) issued an advanced notice of proposed rulemaking (ANPRM) regarding sleep apnea. The agencies will collect data and information concerning the potential consequences for safety presented by truck drivers with moderate-to-severe obstructive sleep apnea. The agencies will be accepting public comments 89 days; the comment period ends on 06/08/2016. TSC will be commenting in support of this rulemaking.
Link to Federal Register: https://www.federalregister.gov/articles/2016/03/10/2016-05396/evaluation-of-safety-sensitive-personnel-for-moderate-to-severe-obstructive-sleep-apnea
The Truck Safety Coalition Team
After Decades of Advocacy Truck Safety Coalition Welcomes FMCSA Release of Final Rule Requiring Electronic Logging Devices in Large Trucks
After Decades of Advocacy Truck Safety Coalition Welcomes FMCSA Release of Final Rule
Requiring Electronic Logging Devices in Large Trucks
Arlington, VA (December 10, 2015): The Truck Safety Coalition today welcomed the Federal Motor Carrier Safety Administration’s (FMCSA) release of a Final Rule requiring electronic logging devices (ELDs) in all interstate trucks as a long overdue, but much needed advancement in truck safety.
Daphne Izer, founder of Parents Against Tired Truckers (PATT) said, “After advocating for nearly a quarter of a century, after our son Jeff was killed by a tired trucker, Steve and I are elated that the FMCSA has issued this rule that will reduce the deaths and injuries resulting from fatigue-related truck crashes and will hold the trucking industry to a higher standard of safety. We are confident that the realization of one of PATT’s primary goals will ensure that our roads will be safer from the dangers of fatigued truck drivers.”
Izer continued, “This technology will reduce the ability of bad actors to skirt federal regulations by modernizing the practice of logging hours. Also, the rule will protect truck drivers from harassment and coercion to exceed the hours they are allowed to operate. ELDs automatically record driving time, thereby removing the ability of truck drivers to circumvent compliance by simply writing down false hours. It is absurd that certain segments of the industry fought so hard to hold on to this archaic business practice from 1938. While this Final Rule is a testament to more than 20 years of successful advocacy to reduce truck driver fatigue, it is bittersweet. While we find solace in knowing that this ELD Final Rule will save an estimated 26 lives and prevent 562 injuries resulting from large truck crashes, we wish that we did not have to wait so long to prevail.”
Dawn King, President of the Truck Safety Coalition, which is a partnership between Citizens for Reliable and Safe Highways (CRASH) and PATT, also lauded the FMCSA for issuing the ELD Final Rule: “The inclusion of ELDs in large trucks is beneficial for everyone who travels on our nation’s road and bridges. Motorist and truckers will be safer as this technology will limit the ability of truck drivers to exceed Hours of Service (HOS) regulations, in turn, reducing the likelihood that big rig drivers will become fatigued while driving. Had this technology been in place back in 2004, I would have been able to celebrate at least one more Christmas with my Dad, who was killed by a fatigued driver just days before the holiday.”
“Additionally, this will enhance law enforcement officers’ capacity to enforce HOS restrictions and expedite the process of reviewing a truck driver’s logbook,” King said. “The shift from paperwork to electronic logging will not only save time, but money too – the FMCSA estimates that this rule will result in a benefit or more than $1 billion. While we are pleased with the many benefits that will come along with the implementation of this rule, I would be remiss not to mention our disappointment with the exemption to this rule for trucks built before model year 2000. There should be no exemptions to this life-saving, cost-reducing technology.”
John Lannen, Executive Director of the Truck Safety Coalition added, “We are pleased the ELD Final Rule has been issued, and we look forward to the full implementation by the year 2017. Though this was a major win in fighting truck driver fatigue, in order to fully address this fatal problem more must be done, like improving working conditions, screening for sleep apnea, requiring fewer hours behind the wheel, addressing parking needs, and restructuring compensation.”
Truck Safety Advocates in the News
Two of our volunteers are now featured in two recent articles published by Bloomberg News. In these articles, Marianne Karth and Ed Slattery, speak out about their personal experiences on living after a tragedy.
After Marianne lost two of her daughters, AnnaLeah and Mary, in a truck crash last year, she turned her pain into advocacy. Marianne started a petition directed at Secretary Foxx that accrued over 11,000 signatures. The petition urges the Department of Transportation Secretary to address the truck safety issues that could have helped prevent the truck crash that killed her daughters. In the petition, Marianne asks him to (1) raise the minimum levels of insurance required for truck drivers, (2) decrease driver fatigue and monitor their hours on the road with Electronic Logging Devices, and (3) take needed steps to improve underride guards.
Karth turned to Facebook, created her own website and sent more than 11,000 petitions to pressure U.S. regulators, including Transportation Secretary Anthony Foxx, in a bid to force safer trucking practices and equipment.
Speaking about her advocacy work, Marianne told Bloomberg News,
If there’s anything I can do to help prevent some other family from having to go through the same thing, then it’s worth it.
Ed’s wife, Susan, was killed and son, Matthew, was permanently injured in a truck crash. According to the article,
Matthew is making slow and steady progress, yet will always need care.
The Truck driver responsible for the crash has since lost his job and was sentenced to prison, after admitting to falling asleep while driving. Much of Ed’s story involves conflict with the driver, and as the article states,
Their combined experiences add up to a tale of loss, forgiveness and denial that is still evolving.
At the heart of this story, however, is Ed’s relationship with his son. Speaking about Matthew, Ed tells Bloomberg News,
I love him so much it hurts.
Press Release: Truck Safety Advocates Respond to News of Truck Crash that Killed New Jersey Police Officer
Contact: Beth Weaver beth_weaver@verizon.net, 703.294.6404
TRUCK SAFETY ADVOCATES RESPOND TO NEWS OF TRUCK CRASH THAT KILLED NEW JERSEY POLICE OFFICER
Findings Show Truck Did Not Brake Before Slamming Into Police Car Parked on Highway Shoulder – Truck Driver Charged with Second-Degree Vehicular Homicide
WASHINGTON, D.C. (July 18, 2014)—The Bergen County Prosecutor’s office announced in a press release last night that truck driver Ryon Cumberbatch has been charged with second-degree vehicular homicide in the crash that killed New Jersey police officer Christopher Goodell. According to the press release, there was no evidence of pre-impact braking by the truck. It was revealed that it appears from the roadway evidence that Cumberbatch drove directly into the police car without stopping or attempting to stop. Truck safety advocates respond to the tragic crash with messages of condolence and support for Officer Goodell’s family.
Daphne Izer founded Parents Against Tired Truckers (PATT) after losing her son Jeff and his three teenage friends in a crash caused by a tired trucker who fell asleep behind the wheel and ran over their car. Izer said, “My heart goes out to the Goodell family because I truly understand the pain that they are going through, and I want them to know that our volunteer network, including myself, is here to offer support, grief services and resources.”
Ed Slattery, a Board Member for PATT added, “We don’t know yet for sure whether fatigue was a factor in this crash, but the hour of the crash and the lack of braking would indicate that it is very possible.” Slattery lost his wife, Susan, in 2010 after a truck driver fell asleep behind the wheel of a triple trailer truck and crashed into his family’s car on the Ohio Turnpike. His two sons were also seriously injured, one permanently, in the crash.
Slattery added, “Truck driver fatigue has been a known safety issue for over 70 years, yet it remains a major contributor to truck crashes. I am completely dismayed by the amendment introduced by Senator Collins (R-ME) that would force overworked truck drivers to drive even more hours each week, exacerbating fatigue and fatigue related crashes.”
Recent deadly truck crashes in New Jersey, including the crash that killed James McNair and injured comedian Tracy Morgan and two friends, underscore the urgent need to improve truck safety and reduce truck driver fatigue.
In response to the New Jersey truck crashes, and the expanding issue of truck driver fatigue and other truck safety issues, Senator Cory Booker (D-NJ), introduced an amendment, cosponsored by Senators John D. Rockefeller (D-WV), Dianne Feinstein (D-CA), Barbara Boxer (D-CA), Robert Menendez (D-NJ), Richard Blumenthal (D-CT), Charles Schumer (D-NY), Kirsten Gillibrand (D-NY), Edward J. Markey (D-MA), Elizabeth Warren (D-MA), Sherrod C. Brown (D-OH), Richard J. Durbin (D-IL), Mazie K. Hirono (D-HI), Brian E. Schatz (D-HI), and Chris S. Murphy (D-CT). The Booker Amendment would protect important safety rules governing rest periods and the hours of service truck drivers may work each week.
Izer, who was awarded the White House Champion of Change award in May 2014, for her efforts to reduce truck driver fatigue, concluded, “I support the Booker Amendment because we need to uphold the ongoing efforts to improve truck safety issues, not make them worse. Our families cannot continue to pay the ultimate price when truck safety issues and improvements are known. It is well past time to make the changes necessary to reduce truck crashes, and the resulting fatalities and injuries.”
The Truck Safety Coalition (www.trucksafety.org), a partnership between the Citizens for Reliable and Safe Highways (CRASH) Foundation and Parents Against Tired Truckers (PATT), is dedicated to reducing the number of deaths and injuries caused by truck-related crashes, providing compassionate support to truck crash survivors and families of truck crash victims, and educating the public, policy-makers and media about truck safety issues.
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Truck Safety Advocates Step Closer to Goal of Advancing Underride Protection
Contact: Beth Weaver
301.814.4088,/beth_weaver@verizon.net
TRUCK SAFETY ADVOCATES STEP CLOSER TO GOAL OF ADVANCING UNDERRIDE PROTECTION
NHTSA Issues a Grant of Petition for Rulemaking to Improve the Safety of Rear Impact Guards on Trailers and Single-Unit Trucks – Evaluation of Side and Front Underride Guards Continues
WASHINGTON, D.C. (July 10, 2014)—Today, the National Highway Traffic Safety Administration (NHTSA) issued a grant of petition for rulemaking to evaluate options for increasing the safety of rear impact guards, or underride guards, on trailers and single-unit trucks. Underride guards are steel bars installed onto the back of truck trailers in order to help prevent passenger vehicles from sliding underneath a truck in the event of a crash. Truck safety advocates have long advocated for an improvement to the rear underride guard standard, as well as requirement for side and front guard protection systems. NHTSA’s decision to begin rulemaking is a victory for truck safety advocates who have been working toward improving the safety of underride guards for decades.
Marianne Karth, a Truck Safety Coalition (TSC) Volunteer, after losing her daughters AnnaLeah and Mary one year ago in an underride truck crash that also injured Marianne and her son, said, “It was a bittersweet moment as I realized full well that these were needed changes that we had advocated for—because we lost AnnaLeah and Mary—and which we hope will save other lives but will never bring them back to us.”
The Karth family’s “AnnaLeah and Mary Stand Up For Truck Safety” petition gained more than 11,000 supporters seeking to improve underride guard protections, as well as raise minimum insurance level requirements and expedite a final rule for electronic logging devices (ELDs). Marianne and her family members delivered the petition to the U.S. Department of Transportation in May 2014, and are named, along with TSC, in today’s Federal Notice for underride guards. Karth continued, “We are forever grateful to everyone that signed on to the petition, as well as the other TSC volunteers who have been working on this issue throughout the years.”
Jennifer Tierney, Board Member for Citizens for Reliable and Safe Highways (CRASH), TSC North Carolina Volunteer Coordinator, and Member, FMCSA, Motor Carrier Safety Advisory Committee (MCSAC) reacted to the notice, “Having advocated for underride protection improvements for over thirty years, I am so grateful that the decision has finally been made to start rulemaking to consider improving the rear guard standard and to evaluate side and front guard protection requirements. Underride crashes have always been particularly devastating to car passengers, and are now even more so as efforts to raise fuel efficiency produce smaller cars, lower to the ground.”
Tierney, a recipient of the Advocates for Highway and Auto Safety (Advocates) 2014 Highway Safety Hero Award, and whose advocacy began after losing her father, James Mooney, in an underride crash in North Carolina said, “Simple, common sense changes in underride guard requirements, to make them more energy absorbing and lower to the ground, will help to keep our families whole and prevent catastrophic injuries.”
During 2011, NHTSA reported that large truck rear impacts comprised 19 percent of the fatal two-vehicle collisions between large trucks and passenger vehicles, and that large truck side impacts comprised 15 percent of fatal two-vehicle collisions between large trucks and passenger vehicles. NHTSA plans on issuing two separate notices for underride guards. One is an advanced notice of proposed rulemaking focusing on single-unit trucks and the other is a notice of proposed rulemaking focusing on trailers and semitrailers.
Roy Crawford, TSC Kentucky Volunteer Coordinator, after his son Guy was killed in an underride crash with a single unit truck twenty years ago said, “As a board certified forensic engineer and a father who lost a son in a underride crash, I have a full understanding of the physical and emotional outcomes from these crashes, and both are completely devastating. I am grateful that NHTSA will move forward to improve underride protections, and I urge them to act expediently to proceed through rulemaking to implementation. Our families’ lives depend on it.”
Nancy Meuleners, TSC Minnesota Volunteer Coordinator, also a recipient of Advocates 2014 Highway Safety Hero Award for nearly 25 years of advocacy after surviving an underride crash said, “I am fortunate to be alive, but it has come at an unnecessary and significant cost. The crash that nearly decapitated me has left me permanently disfigured. After 40 surgeries, I will need more just to maintain my progress.” Meuleners added, “NHTSA has the power to greatly reduce the needless loss and suffering that result from underride crashes, and I hope that they will act quickly to do so.”
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The Safety Community and Teamsters Respond to NTSB Initial Crash Report on Tracy Morgan Crash
Contact: Beth Weaver 301.814.4088,/beth_weaver@verizon.net
THE SAFETY COMMUNITY AND TEAMSTERS RESPOND TO NTSB INITIAL REPORT ON THE TRACY MORGAN CRASH
TRUCK DRIVER WAS WITHIN 23 MINUTES of HOURS OF SERVICE LIMIT AT THE TIME OF THE CRASH PERTH AMBOY DESTINATION WOULD HAVE BEEN TOO FAR TO REACH IN TIME AT THE POSTED SPEED
Truck Driver Charged with Death by Auto and Assault by Auto for Causing the Crash that Killed One Man and Critically Injured Others, Including Actor Tracy Morgan
WASHINGTON, D.C. (June 19, 2014)—The National Transportation Safety Board (NTSB) released an initial report on the crash that killed comedian James McNair and critically injured others, including actor Tracy Morgan, on the New Jersey Turnpike. The NTSB found that the driver of the Wal-Mart truck, Kevin Roper, 35, had logged over 13 hours, and was just under the maximum 14-hour limit for commercial motor vehicle drivers. Roper was within 23 minutes of his hours of service limits at the time of the crash and would have failed to reach his Perth Amboy destination before exceeding the allowable hours of service limits.
“The NTSB’s preliminary findings in this case clearly show that truck drivers are pushing beyond the limits of the current hours of service rules,” said Teamsters General President, James P. Hoffa. “In light of these findings, it would be irresponsible to even consider rolling back hours of service rules and opening the door to increased driver fatigue.”
The NTSB findings come as the Senate is about to vote on the Booker Amendment to stop tired trucking. This amendment is introduced by Senator Cory Booker (D-NJ) and cosponsored by Senators John D. Rockefeller (D-WV), Dianne Feinstein (D-CA), Barbara Boxer (D-CA), Robert Menendez (D-NJ), Richard Blumenthal (D-CT), Charles Schumer (D-NY), Kirsten Gillibrand (D-NY), Edward J. Markey (D-MA), Elizabeth Warren (D-MA), Sherrod C. Brown (D-OH), Richard J. Durbin (D-IL), Mazie K. Hirono (D-HI), Brian E. Schatz (D-HI), and Chris S. Murphy (D-CT). The Booker Amendment would protect the restart provision in the hours of service rule ensuring that truck drivers get adequate rest and maintaining the current maximum 60-70 hours per week. The amendment was introduced as a response to the Collins Amendment, which would increase the truck driver weekly work week to over 80 hours.
Joan Claybrook, Chair, Citizens for Reliable and Safe Highways (CRASH), said, “It is tragic and unfortunate that it took a horrific crash caused by a dozing truck driver killing one person and severely injuring Tracy Morgan and others to bring national attention to the epidemic of fatigued truck drivers on our roads. These truck drivers are being pushed beyond their limits to work 70 hour work weeks, and now Senator Collins wants to increase this time to more than 80 hours. The Collins Amendment is not a solution to tired truckers but a gift to trucking industry allies. It’s time to put the brakes on these rolling sweatshops. Not a single safety organization supports the Collins Amendment but every major highway and truck safety organization supports Senator Booker’s amendment, cosponsored by fourteen additional Senators. It is absolutely clear which amendment is on the side of safety.”
Jacqueline Gillan, President of Advocates for Highway and Auto Safety, stated, “Truck drivers should be sleeping in beds and not behind the wheel of an 80,000 lb. rig traveling at high speeds. Sen. Collins’ proposal will turn back the clock to a time when truck drivers only had one day and 10 hours off between 80 hour driving and working shifts. It was under this grueling schedule that a 2005 survey of truck drivers showed that almost half admitted to falling asleep behind the wheel and 65% admitted to driving drowsy. Not a single safety group has endorsed the Collins Amendment. Advocates for Highway and Auto Safety strongly supports the Booker Amendment and urges the Senate to put safety first.”
The issue of truck driver fatigue is very personal to Daphne Izer, Founder of Parents Against Tired Truckers (PATT), who lost her son Jeff Izer, 17, in a preventable truck crash by a fatigued truck driver. Izer said, “No loss of life is worth getting a load of freight delivered on time. Truck driver fatigue has been a serious safety issue for over 70 years and we need to uphold the ongoing efforts to improve this safety issue, not make it worse, which is why I support the Booker Amendment.”
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In the Aftermath of the Tracy Morgan Crash: Joan Claybrook Gives Interviews about the Dangers of Truck Driver Fatigue
Get the Real Facts on the Collins Amendment to Suspend the 34-Hour Restart
Sen. Susan Collins, R-Maine, introduced an amendment to the Transportation, Housing and Urban Development (THUD) appropriations bill that suspends the current Hours of Service (HOS) restart provision set in place for truck drivers. On Thursday, June 5, the Senate appropriations committee voted in favor of this amendment.
This amendment will have deadly and dangerous consequences. Learn the real facts about Sen. Collins’ amendment here.
URGENT ACTION NEEDED NOW TO PROTECT HOS PROPOSAL
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Trucks, tired drivers can be deadly mix
By LISE FISHER – Sun staff writer / February 19. 2006 6:01AM
A truck driver carrying a gym bag heads for the showers at the Pilot Travel Center in Ocala Thursday evening. Richard Darley has been driving rigs since 1970 and he knows something about driver fatigue.
Risk Higher for Truckers in the 11th Hour
Hours Of Service Regulations: (FAQ’s)
1. Do trucks pose a significant safety problem?
Yes. More than 5,000 people have been killed annually in truck-related crashes for the past several years. Large trucks are severely over represented in annual crash figures. Although they are only 3 percent of the registered vehicles, they are responsible for 12 to 13 percent of passenger vehicle occupant deaths each year Continue reading “Hours Of Service Regulations: (FAQ’s)”
THE DANGERS OF FATIGUED, SLEEP-DEPRIVED TRUCK DRIVERS
Fatigue Is A Killer: Operator fatigue and sleep deprivation are serious, worldwide safety problems in all transportation modes. Operator fatigue has been identified by national governments and the European Union as a major contributor to air, maritime, railroad, and passenger vehicle crashes. In the United States, the Department of Transportation and the National Transportation Safety Board have cited fatigue as a major factor in truck crash causation. These crashes lead to losses of life Continue reading “THE DANGERS OF FATIGUED, SLEEP-DEPRIVED TRUCK DRIVERS”