The Roemer Report On-Line, November 2005

HOS RULES UNDER FIRE: The Teamsters union, along with public safety groups like Citizens for Reliable and Safe Highways and Parents Against Tired Truckers, have filed a petition regarding the new HOS rules. The petition states that the revised regulation “suffers from a number of major shortcomings in terms of the approach taken by the Federal Motor Carriers Safety Administration [FMCSA] to address serious health and safety concerns for truck drivers and the public.” A change in the rules that has the Teamsters especially concerned involves team drivers using a sleeper berth. The new provision requires one driver to rest for eight consecutive hours while the other driver works for eight hours. Most teams prefer to work five hours and rest five hours in the sleeper berth. “The only thing this will do is force team drivers to drive for eight hours straight, causing drivers to be more fatigued,” said Jim Hoffa, Teamsters general president. The petitioners are challenging this provision, saying it should be reconsidered, because it was never presented for public comment. The Truckload Carriers Association (TCA) agrees. TCA president Chris Burruss sent a letter to the FMCSA saying that, according to a TCA survey, 70 percent of companies said the new rule will have a large impact on operations, especially companies using teams. Companies predicted the new sleeper provision would have on average a 51 percent negative impact on overall operations. Burruss also said that the new rule could prevent goods from arriving to their destination on time, compromise driver safety, and worsen the driver shortage.

STRONGER PENALTIES FOR CDL HOLDERS: Pennsylvania and Oregon are among the last states to begin enforcing the Motor Carrier Safety Improvement Act (MCSIA). The two states decided to enforce the act—which means commercial drivers will face stiffer penalties for violations—rather than risk losing $40 million in federal highway funds for noncompliance. In 1999 Congress passed the MCSIA in an effort to reduce the number and severity of crashes involving large trucks and buses. MCSIA went into effect in 2002, and states had until September 2005 to comply. One of the most significant features of the act is the “two strikes and you’re out” policy. If a commercial driver is cited for two major traffic violations, whether he is driving a commercial truck or his own personal vehicle, he will be disqualified from operating a commercial vehicle. Major traffic violations include driving under the influence, causing a fatality while operating a commercial motor vehicle (CMV), operating a CMV when a CDL has been revoked, suspended, canceled, or disqualified, and other high-risk safety violations. The Federal Motor Carrier Safety Administration allows states to reinstate disqualified drivers after 10 years, provided the driver has voluntarily entered and successfully completed a rehab program approved by the state. Whether a driver is reinstated, however, is left up to the state’s discretion.

CLEANER ENGINES ON THE WAY: All diesel engines made starting January 1, 2007, will be required to meet tougher clean-air standards mandated by the EPA. The program is expected to eliminate 2.6 million tons of smog-causing nitrogen oxide emissions and 100,000 tons of soot or particulate matter per year. Each new engine will be equipped with a 300-pound filter that reduces particulate matter emissions by more than 90 percent. The good news is that maintenance and fuel costs will be affected minimally, according to engine makers. The large filter, designed to last the life of the vehicle, will require service once every four to five years, costing approximately $200. The bad news, not surprisingly, is the overall cost of the 2007 engines. The former president of Freightliner estimated a year ago that the new engines would cost $4,500 to $6,000 more than the 2004 engines. Other reports, however, put the price tag as high as an additional $10,000. Engine makers say the new diesel engines will be competitive in performance and reliability. They expect a smooth product introduction in just 14 months.

DRIVER TRAINING RULE REVIEWED: A federal appeals court appears ready to overturn a Federal Motor Carrier Safety Administration rule that sets minimum driver training requirements at 10 hours—with none of those hours required to be behind the wheel. Public Citizen, which filed a petition against the 2004 rules, stated that they lacked substance and should be rewritten. The rule marks the first time the federal government has set minimum standards for commercial driver training. The Clinton administration began work on the rule after a number of truck crashes were blamed on poorly trained commercial drivers. It wasn’t until last year, however, that the proposal became law. Many trucking groups, such as the American Trucking Associations, praised the rule. In a rare sign of unity, however, the Owner-Operator Independent Drivers Association (OOIDA) sided with Public Citizen, saying that the standards should be held higher. “Drivers ought to be required to undergo training in how to drive a truck,” said Paul Cullen, Jr., the attorney leading OOIDA’s driver training rule challenge. OOIDA members “drive on the road, and they would like a safe driving atmosphere, number one. And number two, we have long complained about the increasing amount of rules on truck drivers, penalties, inspections, etc. And it all seems to be part of a rulemaking regime that allows anybody to get a CDL.”

TRACKING DEVICES NOT FOR EVERYONE: Intense competition is causing more carriers to buy new vehicle- and freight-tracking technologies. FedEx Freight and Con-Way Transportation invested in “e-mail alerts” that warn customers when shipments will be late. UPS says it improved online freight tracking by letting shippers track international shipments with the same ease as tracking packages. Several trucking companies, such as Werner Enterprises, are installing vehicle-tracking systems to monitor fleets. In fact, Werner requested and received an exemption from federal rules requiring paper logbooks. Werner’s system relies on an in-vehicle network device to provide truck tracking as well as some driver management features. Another system allows drivers to use wireless telephones to enter their driving information into a centralized network, which acts as a logbook. Many trucking companies, including Yellow Roadway Corp. and Bekins Van lines, have lauded the idea of using wireless phones instead of logbooks. Still, other motor carriers such as J.B. Hunt suggest that any system relying solely on driver input could be flawed. J.B. Hunt suggested tying a wireless phone system to corroborating sensors in the engine to verify driving times. Owner-Operator Independent Drivers Association does not support a wireless system over logbooks and says that such a system “somehow supports the myth that electronic technology can provide a tamper-proof method of ensuring compliance.”

SEAT BELT USAGE UP: The number of Americans buckling up while driving or riding in vehicles has reached a record high of 82 percent. According to the Department of Transportation, 10 percent more Americans are buckling up this year than they did last year. “The fact that safety belts save lives is starting to click with the American people,” said U.S. Secretary of Transportation Norman Mineta. “With safety belt usage at a record high 82 percent, we are on the road to a safer America.” Mineta said at this rate, safety belts prevent 15,700 deaths every year and 350,000 serious injuries; they also save $67 billion yearly in economic costs linked to traffic injuries and deaths. This past year’s increase alone prevented 540 fatalities and 8,000 serious injuries, and saved $1.8 billion in economic costs. According to Mineta, the main reason for the increased usage is that 21 states now have primary safety belt laws, meaning police officers can stop motorists solely for seat belt violations.

AN EXERCISE IN GRATITUDE: There is ample evidence that extrinsic motivators, such as employee-of-the-month programs and awards to “high performers,” do more harm than good when it comes to motivating people. The problem with these approaches is that it typically rewards a select group of employees, so that everyone else (the majority of employees) ends up feeling like losers, even the people who worked just as hard. “People will do a good job when they have a good job to do, the freedom to do it, a compelling vision that moves everyone in a common direction, and the support they need to get the job done,” writes Tom Terez, author of 22 Keys to Creating a Meaningful Workplace. Terez says that the type of reward that resonates most is “genuine, down-to-earth appreciation.” He recommends a simple activity to make gratitude come to life. At your next meeting, ask each person to write down the names of three people in the room who have helped them in some way during the last six months. When the group has finished writing, ask them to stand and walk up to one person on their list. They should spend a few minutes with that person, explaining why his or her actions are appreciated. When the conversation starts winding down, have the group seek another person on their list and then the third, each time explaining why their help was appreciated. “There’s nothing fancy or complicated about this exercise,” writes Terez. “But then, the best things in life rarely are.” Success is not counted by how high you have climbed but by how many you have brought with you. —Dr. Wil Rose