Quick Transport Solutions Inc.

Evaluating Roadside Violations and FMCSA Enforcement

Have you heard? The number of trucks placed out of service during annual blitz and inspection weeks continues to grow. What is more staggering is that many of the reasons vehicles are placed OOS (out of service) are entirely preventable.

Take the Commercial Vehicle Safety Alliance’s 72-hour International Roadcheck inspection blitz as just one example. Last completed in June, the CVSA’s blitz made over 67,000 inspections over the three-day period. Of that number, more than 12,000 were placed out of service. That represents nearly 18% of the overall number and seems incredibly high.

Looked at from a different angle, nearly a fifth of all the trucks on the nation’s road this past June were deemed unfit to be on the road. Considering we are about to ring in 2020 and have access to more technology and information than ever before, it is quite inconceivable that nearly a fifth of all the trucks on the road should not have been on the road. Even more, it represents a big safety problem.

An Unfortunate Inspection Blitz

The CVSA’s June inspection blitz focused primarily on steering and suspension systems. However, during a Level I inspection, inspectors can really look at anything and everything. So, what were the actual numbers? CVSA inspectors found 408 instances of steering problems and 703 instances of suspension problems. All were serious enough to merit OOS violations. Even more astounding, they discovered over 4,500 braking system OOS violations. That represents more than four times more brake violations than every other violation combined.

Considering how important the braking system to safely operating a commercial motor vehicle, it is quite eye-opening to see so many fleets receive an OOS violation over brake system problems. Brake violations were far and above the most, with 28% of the total violations coming for brake problems. Tires and wheels accounted for just over 19%, or 3,156 of the totals. Cargo securement came in third with 12.2%, or 1,991 violations.

The unfortunate thing is that most of those violations could have been prevented through a comprehensive pre- and post-trip inspection. Certainly, some problems do happen during road travel. Vibrations cause bulbs to blow out and potholes wreak havoc on suspension systems. But with numbers that high, it could not conceivably be simply a matter of issues occurring while the truck driver is operating the vehicle. Almost a fifth is a sign of something deeper going on.

With some trucking companies seeing insurance premium renewals jump by 20% or more, some are wondering where the bottom is. With so many large truck crash settlements in 2019, we may see that number climb even higher as we move into the new year. Could the uptick in trucking bankruptcies in 2019 be related?

Even more, some insurance companies have left commercial trucking altogether, while those that remain are taking an even closer look at who they work with and what they charge for coverage. While collision mitigation systems and other safety technologies used to net trucking companies a hefty discount, those are now expected. Instead of getting a discount, you simply won’t pay as much as you would without safety technology.

The bottom line is that trucking companies must make sure their truck is roadworthy before it ever hits the road. After all, it doesn’t really matter if you have a fancy safety system on a truck that is technically unsound to begin with. Trucking companies should never be lulled into a false sense of security just because they have invested in the latest new safety technology. There is no substitute for maintenance.

Getting Vehicle Inspection in Line

There is clearly something wrong when the DOT is flagging so many violations for mid-trip inspections. Inspectors don’t do anything that maintenance technicians could not have looked at or done before the vehicle ever left the yard. They simply must be better.

A lot of the problem can be stemmed from a lack of talent. Low-quality inspections result when there is a rush to get new truck drivers trained and out on to the road. A truck driver’s ability to inspect their vehicle and find problems is just as important as their aptitude when they are behind the wheel. So why is it that in June, nearly 60% of truck drivers who were placed out of service weren’t checking their wheels, brakes, or load securement?

Fleets should begin implementing new technologies and methodologies for ensuring pre- and post-trip inspections are done quickly and effectively. Fleet, safety, and shop managers must check behind a truck driver inspection to ensure quality. Truck drivers who are effectively managing their pre- and post-trip inspections should also be rewarded. There is nothing wrong with incentivizing your truck drivers to be thorough when examining a vehicle.

We recently featured a piece about using augmented and virtual reality in shop training. Advanced technologies represent another way to ensure your truck drivers are engaged and doing the job right. Invest dollars you lose while your vehicles are OOS into things like training and bonuses.

ELD Deadline Extension?

Before we get your hopes up, let us be the first to tell you the FMCSA has dismissed any chance that the agency will extend the compliance deadline for the electronic logging device rule, which goes into effect on December 16, 2019. The original extension was in place to provide time for those using AOBRDs to switch to more compliant devices. Now, that extension time is almost up. Any carriers using an AOBRD or non-compliant ELD beginning December 16 will be placed out of service.

The fact is, anyone who works in the trucking industry needs to be prepared. The FMCSA recently noted at an industry conference that since the ELD rule went into effect December of 2017, hours-of-service violations have dropped by half. Still, the number of violations for false logs has remained relatively unchanged. What is the reason for the disparity? Electronic logs have simply made it easier for inspectors to catch false logs.

One of the positive impacts from the ELD rule has been a far more efficient roadside inspection process. Inspectors no longer need to review logbooks on devices or look at paper records. Now data can simply be transmitted through the electronic Record of Duty Status (eRODS) system. Since the ELD mandate went into effect, there has been more than half-a-million transfers of logging data made between trucks and the eRODS system.

On average, the FMCSA runs between 40,000 and 50,000 successful log transfers every month, with a 95% success rate. The transfer process has made it easier on trucking companies, inspectors, and just about everyone else involved in the process. And as the new deadline comes and goes, there should be more industry-wide efficiency gains.

ELD Mandate Specifics

One thing that is still being weighed are the safety gains made through ELD use. The FMCSA has stated that they are watching safety statistics, especially since fatality rates for truck-involved crashes increased year-over-year from 2018 to 2019. So, what will the FMCSA look for as the deadline passes?

According to agency director Joe DeLorenzo, the FMCSA is only concerned about ELD malfunctions that effect the ability of the device to collect accurate hours-of-service information. While a lot of malfunctions come and go pretty quickly, truck drivers shouldn’t need to put anything to paper.

One thing the FMCSA did say is that “yard moves” could be used any time a truck driver is on duty, but not driving. While some trucking companies have asked for an explicit definition of a yard move, it is better the agency not define it so that it does not become too restrictive. It is meant to give truck drivers flexibility with their time. You want to think about a yard move in practical terms.

While the FMCSA does not specify the speed or distance for a yard move in the ELD rule, motor carriers can set up their own parameters regarding when a yard move is triggered. There is a rule, however, stating that once a commercial motor vehicle passes a certain speed threshold, a yard move converts back to a driving status.

There was also some ambiguity around when a truck driver could use a personal conveyance. Using a personal conveyance improperly is one of the number one reasons for HOS violations. Many logbook violations are related to falsification in using the personal conveyance rule. It is also important to note that the ELD rule does not explicitly mention a personal conveyance, but instead refers to it as “authorized personal use.” This status can only be used if a truck driver can prove they are off duty and not furthering their load for any business-related purpose.

With so many changes proposed and coming to the trucking industry, fleets must adapt. Out of service violations must drop. With the ELD rule set to go into effect very soon, it is up to trucking companies themselves to be responsible and ensure they are in compliance with our nation’s rules and regulations of the road.

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