Posts Tagged ‘EOBRs’

Drivers Frustrated as FMCSA Enforces Validation of Medical Exams through Random Checks

Friday, November 16th, 2012

The Federal Motor Carrier Safety Administration is once again, cracking down on the number of unqualified/unsafe drivers operating on our nation’s roads with the recent announcement of random medical checks.

Rather than being an effort to evaluate a driver’s medical fitness, the purpose of these checks are to ensure that the driver’s medical examination/“information on the Medical Examination Certificate is accurate,” eliminating fraudulent MECs and unsafe drivers from the road. 1

According to the FMCSA, the following steps will be taken to validate MEC authenticity:

  1. Contact the Medical Examiner’s (ME) office at the telephone number indicated on the certificate;
  2. Explain the inquiry’s purpose and indicate that it is intended solely to confirm that the document presented by the driver matches the records maintained by the ME. Direct contact with the actual ME is not required – an authorized staff member may provide the requested information; and
  3. Provide the driver’s name and date of birth, the date of issuance of the MEC and any restrictions indicated thereon and request verbal confirmation of the information provided.

Additionally, doctors who provide commercial drivers medical examinations are now required to have a special certification in doing so, receiving specialized training regarding health issues that may lead to safety hazards on the road, preventing drivers from being passed by another doctor after failing the first time by placing responsibility upon the doctor. 2

Drivers are seeing these changes as yet another obstacle to the new rules they are already struggling to get used to/finding a hassle.  These include the following:

CSA:

The FMCSA’s CSA gained the number one spot for the first time as the top issue currently affecting the trucking industry.

In last year’s ATRI survey, drivers and owner-operators listed their concerns over CSA which included job security and safety concerns.

Hours-of-Service:

Whereas the FMCSA upheld a driver’s HOS at 11 hours, the group revised the hours-of-service provision to include two consecutive breaks between the hours of 1 a.m. and 5.am., reducing a driver’s work week from 82 to 70 hours,  which leads to lower wages since many drivers are paid by the mile.

The ATA, along with other groups continuing to oppose the ruling, are seeking changes to the following: 11-hour daily driving limit, 30-minute required breaks, and 34-hour restart provision. 3

EOBRs:

Electronic Onboard Recording Devices ranked a new high since its first appearance in the ATRI’s survey in 2007.  As the survey states, “Though FMCSA had been working towards a new EOBR/ELD final rule that addressed harassment concerns, the agency’s work was preempted by the inclusion of an EOBR/ELD mandate for HOS tracking in the MAP-21 transportation bill passed by Congress in 2012.  In MAP-21, Congress gave the agency until October 1, 2013 to issue a final rule.” 4

Random medical exam checks are just another one of the things drivers now have to face along with capacity issues and stricter regulations.

The trucking industry demonstrates its important role in freight transportation, comprising of “67 percent of tonnage and 81 percent of revenue in 2011,” according to the American Trucking Associations’ (ATA) U.S. Freight Transportation Forecast. 5 In fact, “the trucking industry adds about 5 percent of the Gross Domestic Product each year.” 6

As one driver states, “This is the last industry that America has to keep amerce running.  If they shut down this trucking industry, America is in trouble, so they need to leave the truck drivers alone.” 7

Do you agree with this driver in that if the FMCSA continues to create new laws/enforcements, the trucking industry, which is already experiencing difficulty recruiting drivers, will begin to suffer and the country would be in trouble?

Below are new medical certification requirements that took place earlier this year as listed on the FMCSA’s website.

medical certificate

Click to enlarge

1http://lmstrucking.infinit-i.net/articles/FMCSA_Initiative_11-13-2012_Driver_Medical_Card_Validation.htm

2http://www.melodika.net/index.php?option=com_content&task=view&id=467996&Itemid=55

3http://www.melodika.net/index.php?option=com_content&task=view&id=419974&Itemid=55

4ATRI’s Critical Issues in the Trucking Industry 2012 report

5http://www.todaystrucking.com/ata-forecast-2023-a-merry-year-for-trucking-industry

6http://www.marketwatch.com/story/trucking-industry-continues-to-show-signs-of-improvement-as-number-of-freight-shipments-increased-2012-07-10

7http://www.ksl.com/?nid=148&sid=22952756

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New Issue Takes Number One Spot in ATRI’s Trucking Industry Survey

Wednesday, October 10th, 2012

ATRI

At an American Trucking Association’s meeting in Las Vegas on Monday, the American Transportation Research Institute (ATRI) released its 2012 top ten issues in the trucking industry, displaying ongoing issues while debuting new concerns.

Below are the top ten issues identified by over 4,000 trucking industry stakeholders participating in ATRI’s survey.

1.  CSA

The Federal Motor Carrier Safety Administration’s CSA gained the number one spot for the first time as the top issue currently affecting the trucking industry.  In last year’s ATRI survey, drivers and owner-operators listed their concerns over CSA.  These included:

Job Security- With stricter regulations, CSA is predicted to remove 10-20% of drivers from the industry, increasing an already slim driver pool.  When asked how concerned drivers were over their own job security, they had equally diverse feelings, with 35.5% not being concerned at all, 32.5% being somewhat concerned, and 32% being extremely concerned.1

Safety- The CSA has stricter regulations in an effort to improve safety on the road.  But do drivers notice increased enforcement efforts as a result?  When asked if they noticed any changes in the number of times they were pulled over for roadside inspections, 27.2% admitted to a greater frequency, 6.9% to a decreased frequency, and 65.8% to no change at all.1

With the number of roadside inspections believed to be the same, drivers also admit there to be no change in their safety behaviors or vehicle standards, with 75.5% stating that their vehicle standards have not changed and 68.3% believing that their positive safety behaviors are the same.1

As American Trucking Association CEO Bill Graves explains, “This has been one of the biggest changes confronting our industry in the last 25-30 years — probably since deregulation.  CSA still has some serious flaws.”2

2.  HOS

Whereas the Federal Motor Carrier Safety Administration upheld a driver’s HOS at 11 hours, the group revised the hours of service provision to include two consecutive breaks between the hours of 1 a.m. and 5.am., reducing a driver’s work week from 82 to 70 hours,  which leads to lower wages since many drivers are paid by the mile.

The ATA, along with other groups continuing to oppose the ruling, are seeking changes to the following: 11-hour daily driving limit, 30-minute required breaks, and 34-hour restart provision.3

3.  Economy

Coming in at the number one spot last year, the economy fell to third this year due to continued, yet slow, growth, which the ATA expects to be at 1.5% for the rest of the year.

4.      Driver Shortage

It comes as no surprise that there is a shortage of drivers in the industry, which is expected to increase to 150,000 by the end of 2012 and reach 240,000 by the end of next year.

This shortage is the result of many combining factors including the trouble of finding new, qualified drivers to replace those who have retired, with this problem becoming worse with a 21-year-old age requirement, stricter regulations, and the cost of training, among many others.

5.  Fuel Issues/Prices

Fuel and oil were found to be the second highest carrier cost in ATRI’s Operational Cost of Trucking Survey, with diesel costs increasing 33.7 cents per gallon from October 2011 to September 2012.4

6.  EOBRs

Electronic Onboard Recording Devices ranked a new high since first appearance in the survey in 2007.  As ATRI’s survey states, “Though FMCSA had been working towards a new EOBR/ELD final rule that addressed harassment concerns, the agency’s work was preempted by the inclusion of an EOBR/ELD mandate for HOS tracking in the MAP-21 transportation bill passed by Congress in 2012.  In MAP-21, Congress gave the agency until October 1, 2013 to issue a final rule.”4

7.  Driver Retention

Last seen in ATRI’s top concern list in 2006, driver retention takes a spot again with driver turnover reaching the highest since 2007 in 2012’s 2nd quarter at 106% for large carriers due to “driver pay, driver quality of life, demographics, and workplace environment.”4

8.  Truck Parking

With CSA and HOS changes requiring drivers to take mandatory breaks, parking has become a factor for trucks, making its debut for the first time on ATRI’s list.

9.  Driver Health/Wellness

Along with the debut of truck parking is driver health.  According to the ATRI’s report, “Past research has shown that the nature of the truck driving profession exposes drivers to lifestyle behaviors that can have negative health consequences (e.g. lack of exercise, poor diet).”

10.  Congestion and Highway Infrastructure

Several factors result in congestion on our nation’s roads including avoidance of toll roads, construction, accidents, etc., resulting in loss of time and thus profits for carriers and drivers.

Also tied in the number 10 spot was highway infrastructure, with the signing of a new two-year authorization bill in July.4

To receive a copy of ATRI’s report, visit http://atri-online.org/2012/10/08/critical-issues-in-the-trucking-industry-2012-report-request/.

How would you rate the top ten concerns in the trucking industry?  What would you consider to be your top concerns?  Share your comments!

Below are the top ten issues stated in ATRI’s trucking Survey from 2005-2012.

top issues

Click to Enlarge

1http://www.atri-online.org/research/safety/ATRI_CSA_Driver_Survey_Results.pdf:

2http://www.todaystrucking.com/graves-addresses-industry-concerns-says-embrace-change

3http://www.melodika.net/index.php?option=com_content&task=view&id=419974&Itemid=55

4ATRI’s Critical Issues in the Trucking Industry 2012 report

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Amendment to Block EOBR Mandate Added as President Set to Sign Highway Bill this Friday

Thursday, July 5th, 2012

highway bill(This is the first of four articles regarding passage of the highway bill.  Stay tuned for upcoming articles of an in depth look of the bill’s affects on truckers and shippers)

After almost three years, the highway bill finally made its way through the House and Senate last Friday, headed to the President for final approval, who will sign it in a ceremony on Friday, July 6th.

In a 373-52 House and 74-19 Senate vote, the two-year bill will generate nearly $100 billion ($52.2 billion in 2013 and $52.95 billion in 2014) towards federal highway programs.

For truckers, the bill would do the following:

* FMCSA is required to “conduct a field study on the effectiveness of the 34-hour restart provision in its hours-of-service rule.” 2

With an effective date of 2013, the FMCSA’s hours-of-service revision of the 34-hour restart provision would include two consecutive breaks between the hours of 1 a.m. and 5 a.m., a ruling that drivers are arguing would decrease their work week from 82 to 70 hours.

Groups including the American Trucking Associations (ATA) have been arguing for months against the restart provision believing that “by mandating drivers include two periods between 1 a.m. and 5 a.m. as part of a ‘restart’ period, FMCSA is assuring that every day as America is commuting to work, thousands of truck drivers will be joining them, creating additional and unnecessary congestion and putting motorists and those professional drivers at greater risk.” 3

* The creation of a federal alcohol and drug clearing house

The creation of a national clearinghouse for truck driver drug and alcohol test results is not something new for the trucking industry.  Last year, The Safe Roads Act of 2011 proposed a similar method that would do the following:

Employers

-Need to submit all data on tests in which they conducted or a driver’s failure to cooperate into the database (“clearinghouse”) 4

-Need to make sure that a test was conducted within the last three years and whether or not a driver was willing to partake or not 4

-If a driver is hired, employers will need to check that driver in the database every year 4

-Will be notified of any “positive test results that show up during the week after an employer’s inquiry” 4

Drivers

-Must give their consent before their information is given out to an employer 4

-Will be notified of any activity regarding their records (releasement, additional records, or changes) 4

-Need to maintain current/accurate records 4

-Need to follow proper procedures if tested positive in order to return-to-duty 4

* “Reauthorize DOT hazardous materials safety programs” 5

* Mandatory usage of electronic onboard recorders on all trucks

Groups such as the American Trucking Associations support the mandatory use of EOBRs, while others such as the Owner-Operator Independent Drivers Association oppose the devices.

Although the bill contains an EOBR mandate, an amendment set to block its passage was recently added to the legislation. 6 The amendment states that “none of the funds made available by this act may be used to promulgate or implement any regulations that would mandate global positioning system (GPS) tracking, electronic on-board recording devices or event recorders in passenger or commercial motor vehicles,” although Congress would still be able to fund it with the appropriations bill. 1

In order to get a better look at the facts behind EOBRs, we are giving you 11 common EOBR myths provided by Xata.  Click here to view.

In your opinion, should EOBRs become mandatory in the highway bill or should it be blocked?

1http://www.thetrucker.com/News/Stories/2012/6/29/HouseamendmentstripsfundingforEOBRmandate.aspx

2http://www.ttnews.com/articles/basetemplate.aspx?storyid=29646&t=Congress-Passes-Highway-Bill

3http://www.thetrucker.com/News/Stories/2011/12/22/ATAObamaadministrationsfinalHOSruleputssafetyinthebackseat.aspx

4http://www.truckinginfo.com/news/news-detail.asp?news_id=73488

5http://ohsonline.com/articles/2012/06/29/long-awaited-highway-bill-passed.aspx?admgarea=news

6http://www.truckinginfo.com/news/news-detail.asp?news_id=77386

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FMCSA Announces EOBR 2, Questions of Driver Harassment Remain

Wednesday, February 15th, 2012

eobr

In April 2010, a proposal requiring the mandatory use of electronic onboard recorders (EOBRs) for all carriers cited with serious log violations (those who violated hours of service rules at least 10% of the time) was passed with an effective date of June 2012.

Shortly after that, the Federal Motor Carrier Safety Administration (FMCSA) proposed that all “interstate carriers that currently use records of duty status (RODS) logbooks to document drivers’ HOS” to install EOBRs as well 1.  Short-haul carriers who utilize timecards, on the other hand, would not be obligated to do so.

That rule would affect half a million carriers and hold a maximum $11,000 fine if violated.

But groups such as the Owner-Operator Independent Driver Association (OOIDA) have been petitioning the ruling for a while, believing that constant surveillance violates a driver’s right to privacy and can lead to greater safety issues for those drivers pushing to meet their quota, sometimes driving tired.

Their arguments paid off and last August, the Seventh Circuit Court had ordered that the rule be vacated until harassment concerns are addressed.

The FMCSA, however, took a new approach to the EOBR ruling yesterday when it removed their initial EOBR mandate that was restricted by the court, instead publishing in the Federal Register a supplemental notice of proposed rulemaking they call EOBR 2.

EOBR 2, according to the agency, “would require on-board recorders in virtually all trucks engaged in interstate commerce” 2.

In order to deal with lingering questions over driver harassment, the FMCSA is planning on holding a “series of public listening sessions to hear from drivers” while conducting driver, carriers and vendor surveys, LandLine Magazine notes.  Meeting times can be found on the Motor Carrier Safety Advisory Committee’s website at http://mcsac.fmcsa.dot.gov/meeting.htm#.

Many drivers, however, are already coming forward with their opinions.  As two of them expressed on thetruckersreport.com, “All I hear is company drivers saying how much they like them [EOBRs], they don’t have to PAY for them, I bet it would change their mind if it came out of their pocket” and “Tell me it’s not true. I thought OOIDA was going to protect us from harassment.”

Do you think that if drivers did not have to pay for EOBRs, they would show more acceptance towards the device or do you feel that driver harassment would still dominate driver concerns?

Fleet management systems incorporating EOBR devices are especially looked to be a concern in regards to harassing drivers.  As OOIDA’s Todd Spencer explains, “Minimum requirements for electronic logs do not harass drivers but the fleet management system that could be incorporated into the device could open the door to harassment” 3.

He continued by explaining “On-board recorders can’t measure when a driver is tired, when a driver ever needs to stop or when a driver needs a break, but certainly a fleet-management program can let a motor carrier know their driver stopped,” giving them a “harassment” tool to pressure drivers into working, perhaps when tired 4.

In order to prevent harassment from occurring, the FMCSA is being encouraged to put forth civil penalties for harassment as well as “seek out current regulations that appropriately address any driver complaint that is made” 3.

But while there has been great concern and opposition over the mandatory usage of EOBRs, there are some benefits.  As safety advocacy group Road Safe America notes, the installation of the device would promote safer drivers/fewer accidents by cutting back on the number of tired drivers pushed to go beyond their hours of service by their employer.

So was the case this month when a Pennsylvania trucking company was charged with violating hours-of-service on several occasions.

D.A. Landis Trucking, located in Lancaster, PA, was found to have their drivers maintain two hours-of-service logs, one of which they exposed to the U.S. Department of Transportation and FMCSA and the other in which they kept in a filing cabinet (along with trip sheets) that they hid from the agencies, allowing them to travel longer distances without being fined 5.  The company now “faces up to 5 years probation and a $5.5 million fine” while the owner faces “5 years in prison and a $250,000 fine” 5.

With cases such as these, the FMCSA is pushing forward towards the mandatory use of EOBRs for monitoring a driver’s hours-of service-compliance.

Like one individual notes, “Mandated EOBR’s (for all CMV’s) are coming, like it or not. I expect within 2 years it will be a mandatory part of the truck build process for new trucks by 2016. Trucks will be no different than commercial aircraft with their black boxes. I wouldn’t put is past them to try and implement CVR’s (cockpit voice recorders) either at some point in the future” 6.

We want to hear your thoughts regarding the FMCSA’s EOBR 2. Do you think that mandatory EOBRs are coming?  Do you feel that the device would be more intrusive or beneficial? Are you concerned if EOBR and related device costs are passed on the shipper?   List your comments below.

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1 http://www.etrucker.com/apps/news/article.asp?id=86197

2 http://www.landlinemag.com/Story.aspx?StoryID=22355

3 http://www.truckersnews.com/fmcsa-to-move-on-recorders-hours/

4 http://www.truckflix.com/news_article.php?newsid=7732

5 http://www.truckflix.com/news_article.php?newsid=7725

6 http://www.thetruckersreport.com/truckingindustryforum/truckers-news/168196-ferro-fmcsa-2012-will-mandate-eobrs.html

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Comment Period Kicks Off as First Mexican Carrier Passes Pre-Authorization Audit

Wednesday, September 14th, 2011

Grupo Behr de Baja California has become the first carrier to pass its pre-authorization audit as part of the U.S./Mexico cross-border agreement, according to results published in the Federal Register.

U.S./Mexico

U.S. Transportation Secretary Ray LaHood signed a cross-border agreement with Mexico that would abolish $2.4 billion worth the retaliatory tariffs Mexico placed on U.S. goods back in 2009, lifting 50% of the tariffs 10 days after the signing and the rest once the U.S. grants a Mexican carrier operating authority.

Through the agreement, Mexican carriers must abide by certain rules and regulations.

As truckinginfo.com notes, once the pilot program is running (in which a date is still pending), Grupuo Behr de Baja California will be eligible for provisional operational authority for 18 months and afterwords, “if the carrier has no pending enforcement or safety improvement actions and has cleared a compliance review, will be eligible for permanent authority in the pilot program” (http://www.truckinginfo.com/news/news-detail.asp?news_id=74683).

Groups, such as the Owner-Operator Independent Drivers Association (OOIDA), Public Citizen, and Teamsters have already filed lawsuits against the cross-border program.

While the Public Citizen and Teamsters suit hearing is still underway, the OOIDA suit has already been dismissed by the U.S. Court of Appeals, truckinginfo.com explains.

OOIDA has fought that the program will take away from U.S. jobs, especially those truckers working for small businesses, and is outraged that U.S. taxpayers are spending their hard-earned money to provide EOBRs (electronic onboard recording devices) for these Mexican carriers operating in our country.

Grupo Behr operates nine trucks, five of which have been cleared, and employs four drivers, three of which were granted access, the site notes.
Road Scholar Transport

Road Scholar Transport, on the other hand, operates 97 tractors and 305 dry vans and refrigerated trailers while upholding an excellent safety record.  With the newest technology and well-maintained trucks, including Road Scholar Transport’s new 2012 models, we have never been cited for a piece of faulty equipment in an accident.

Why take the chance of allowing a bottom-feeder carrier to transport your goods when you can ship with a well-known, qualified trucking company like Road Scholar?

The Federal Motor Carrier Safety Administration will be accepting comments regarding their audit findings up until September 22nd.

List your comments regarding this issue below!

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Hours of Service Proposal among the Costliest of Regulations

Wednesday, September 7th, 2011

FMCSA

According to the Obama Administration, the Federal Motor Carrier Safety Administration’s (FMCSA) hours of service (HOS) proposal is one the of the most expensive regulations, costing drivers, trucking companies, and shippers money.

The Obama Administration identified seven key regulations, among those the mandatory use of electronic onboard recording devices (EOBRs), which would cost the industry over $1 billion, as stated in a recent letter to the House Speaker’s John Boehner (http://www.thetrucker.com/News/Stories/2011/9/6/CarefullystudyeconomicimpactofproposedHOSATAofficialstellsOMB.aspx).

But the economic impact that the would result if a driver’s hours of service decreases to 10 hours instead of the current 11 has the American Trucking Associations (ATA) continuing their fight to maintain the current HOS rule, asking for the proposal’s costs to be carefully analyzed.

If this proposal passes, it has the potential of affecting everyone from drivers to consumers.

With a lower number of hours allowed to service, drivers will be restricted to how far they can travel.  Since most drivers are paid by the mile, and with less hours of driving time resulting in fewer distances driven, drivers will face a decrease in pay.

This will further capacity issues in the trucking industry by taking more drivers off of the road, thus, reducing productivity since drivers will be constrained on how many loads they can deliver while still abiding by their HOS, costing the trucking industry what the ATA’s Dave Osiecki claims to be billions of dollars with the costs outweighing its safety benefits.

Road Scholar Transport

In return, shippers will pay higher rates to get their freight moved, with many looking for a reliable company like Road Scholar Transport to expedite their shipments due to capacity issues resulting from driver shortages, which then trickle down to higher costs for consumers.

The Regulatory Impact Analysis notes that decreasing the HOS to 10 hours will result in an additional yearly cost of $1.03 billion with a decrease to 9 hours resulting in $2.3 billion; however, keeping the HOS the same will cost $520 million (http://www.thetrucker.com/News/Stories/2011/9/6/CarefullystudyeconomicimpactofproposedHOSATAofficialstellsOMB.aspx).

The new HOS rule is expected to be released to the public in October.

Do you agree with Osiecki’s statement that the cost of the new HOS regulation would be greater than its safety benefits?  List your comments below.

want your freight there fast

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OOIDA Becomes Enraged at Second Cross-Border Agreement Signing Allowing Mexican Carriers to Begin Application Process

Thursday, July 7th, 2011

Yesterday, Ray LaHood, U.S. Transportation Secretary, signed an agreement that would abolish $2.4 billion worth the retaliatory tariffs Mexico placed on U.S. goods back in 2009, believing that doing so would lead to job creation.

U.S./Mexico

According to thetrucker.com, LaHood signed the final agreement with Mexico’s Arturo Pèrez-Jàcome, Secretaría de Comunicaciones y Transportes Dionisio, stating that 50% of the retaliatory tariffs would be lifted within the next 10 days, removing the tariffs completely once the U.S. grants a Mexican carrier operating authority, which is expected to happen within the next upcoming months.

Mexican carriers are now permitted to register for the pilot program at any time, expecting the first carriers to start transporting goods in the U.S. by the end of August, the site notes.

But in order to be granted operating authority, Mexican carriers must meet certain requirements including:  “trucks will be required to comply with all Federal Motor Vehicle Safety Standards, they must have electronic monitoring systems to track Hours of Service compliance,” drivers must undergo drug testing and have their driving record carefully reviewed by the U.S. DOT, and knowledge and understanding of the “English language and U.S. traffic signs” (http://www.thetrucker.com/News/Stories/2011/7/6/Cross-bordertruckpactsignedtariffstoendMexicancarrierscanapplynow.aspx).

According to LaHood, “The agreements signed are a win for roadway safety and they are a win for trade.  By opening the door to long-haul trucking between the United States and Mexico, America’s third-largest trading partner, we will create jobs and opportunities for our people and support economic development in both nations,” thetrucker.com posted.

Although it is said that the cross-borders agreement will create more job opportunities, OOIDA believes otherwise.  In fact, the association expressed that the program would instead take away from U.S. jobs, especially those truckers working for small businesses.

OOIDA, who was strongly against the agreement in the first place stating that “Mexico has failed to institute regulations and enforcement programs that are even remotely similar to those in the United States and because there would be no relevant corresponding reciprocity for U.S. truckers,” is now irate with the fact that LaHood signed the agreement “without providing the public or Congress with the final details of the agreement,” believing him to be “sneaking down there to sign it” (http://www.thetrucker.com/News/Stories/2011/7/6/OOIDAUStruckersfumingoveragreementwithMexico.aspx).

OOIDA also fought the fact that U.S. taxpayers are spending their hard-earned money to provide EOBRS (electronic onboard recording devices) for these Mexican carriers operating in our country.

Do you support LaHood’s decision to sign the agreement or are you in favor of the OOIDA’s standpoint?  Post your comments below.

news on the trucking industry

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FMCSA Justifies Why They Must Pay for EOBRs on Mexican Trucks

Wednesday, March 16th, 2011

Much dispute has erupted over the Federal Motor Carrier Safety Administration (FMCSA)’s decision to pay for electronic on-board recording devices (EOBRs) on Mexican trucks traveling into and out of the United States as part of the Mexican Cross-Border Agreement.

The FMCSA would be spending anywhere from a half of million dollars to $700,000 to install mandatory EOBRs in Mexican trucks.  Carriers are expressing disapproval with the agency using taxpayers’ money to do so, some saying that “it is the height of stupidity for our government to subsidize foreign companies” (http://www.cpatrucking.com/eobr-alliance-decries-unfairness-of-dots-plan-to-pay-for-eobrs-on-mexican-trucks.html).

Anne Ferro

Anne Ferro

But Anne Ferro, Administrator for the FMCSA, spoke up to defend the agency’s decision on funding the devices.  EOBRs would not only ensure the monitoring of Mexican trucks, but according to Ferro, there is a larger reason why the agency has to purchase them and it has to do with the North American Free Trade Agreement.

Under the agreement, Ferro explains, the U.S. is only able to mandate Mexican trucks to do the same requirements as U.S. trucks, truckinginfo.com notes.  Since the U.S. currently does not require the installation of EOBRs for all U.S. carriers, the FMCSA cannot mandate Mexican carriers to do so either.  Therefore, in order to monitor Mexican trucks to ensure that they comply to current rules and regulations, such as hours of service and cabotage rules, which “restrict freight hauling between points in the U.S.,” the FMCSA has proposed to fund the installation temporarily until the pilot program ends, which is an estimated three years from now or until the U.S. mandates EOBRs on its trucks, the site notes.

Taxpayers may be questioning why we let Mexican truckers in if it is going to cost us to monitor them.  This is because the FMCSA believes that the agreement with Mexico will save us billions of dollars in the end, one of the reasons why the cross-border agreement came about in the first place.

The proposal came after disputes resulting from the termination of the pilot program in 2009, which led to Mexico retaliating through the installation of tariffs on American goods, resulting in over $2 billion a year in tariff costs.

As Ferro notes, the border agreement was an attempt to get Mexico to withdraw the tariffs, agreeing to “reduce its tariffs by half when the final agreement is signed” and suspend the rest “when the first Mexican carrier is granted operating authority” (http://www.truckinginfo.com/news/news-detail.asp?news_id=73234).

There are three phrases that the agreement must go through.  First is a pre-operations vetting process which would place a set limit on the number of Mexican carriers allowed to partake in the cross-border agreement during the first stage of the program.  These carriers have to undergo inspections to ensure that their trucks comply with U.S. safety requirements as well as be insured by a company in the U.S. while drivers have to be knowledgeable of U.S. traffic laws and be able to speak English, truckinginfo.com states.

The next step deals with the inspection of each Mexican truck every time it crosses the border as well as “clear a Compliance Review and earn a Satisfactory Safety Rating in order to get full operating authority,” the site notes.

Finally, truckerinfo.com states that the public will have a chance to comment on the program, as well as “a web site at the FMCSA home page, creation of an advisory committee and periodic reports to Congress.”

As of right now, the Mexican cross-border project is just a proposal and the public will be given a chance to comment within the upcoming weeks in which the U.S. will again meet with Mexico to discuss.

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FMCSA Wants Drastic Increase in Funding While Purchasing Devices for Mexican Cross-Border Trucks

Monday, March 14th, 2011

According to truckersnews.com, the Federal Motor Carrier Safety Administration (FMCSA) has recently submitted a fundsrequest to the Government Accountability Office, who then passed it on to Congress, for an increase in its 2012 funds.

Over the years, the FMCSA has required higher funding amounts for its CSA program, going from $2.3 million in 2007 to $6.6 million the following year, to $11.8 million in 2009, $9.5 million in 2010, and finally $14.3 million this year.  Although in 2010 the FMCSA acquired a lower amount of funding than the previous year, the average increase in funding averages around $4.7 million each year (http://www.truckersnews.com/fmcsa-asks-for-more-csa-funds/).

So how much would you expect the FMCSA’s funding request to be for the year 2012?  $19 million?  20 million?  Try $78 million!  That’s a $59 million dollar increase.

The next question you may ask is what the agency plans on doing with that much money.  According to Truckers News, the FMCSA wants to use its funds for “696 positions, 98 of which are new jobs to fully implement CSA,” and afterwards, “increase its interventions and enforcement,” which includes regulating drivers and making their safety data public.

There is current debate on what the FMCSA is using its funds towards, the recent issue involving the Obama Administration’s decision to allow an unlimited number of Mexican trucks/carriers cross-border, with the deal that they can pass inspection.

Road Scholar Transport

Road Scholar Transport- A safe carrier

In order to promote safety, something that Road Scholar Transport is an advocate of, the FMCSA is requiring the installation of EOBRs (electronic on-board recorders) and GPS systems on all Mexican trucks.  EOBRs provide a means of gathering information on driver behavior that can range from hours of service (replacing current paper logs) to driving style; for example speeding, heavy breaking; as well as accident re-construction.

The problem that has the Alliance for Driver Safety and Security group, composed of the nation’s largest motor carriers, angry over is that the FMCSA is the one paying to have these EOBRs and GPS systems installed, calling their action, “the height of stupidity” (http://www.thetrucker.com/News/Stories/2011/3/10/CarrierallianceDeFazioblastFMCSAdecisiontopayforEOBRsforcross-bordertrucks.aspx).

The FMCSA, however, justifies their decision, believing that funding the devices would give them ownership over any data collected, thetrucker.com notes.

As opinions continue to fly over the Mexican Cross-Border Act, Road Scholar wants to hear your viewpoint on the FMCSA’s recent funding request.  Do you agree with the FMCSA’s decision to pay for the installation of EOBRs and other devices on Mexican trucks?

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Canada Looking to Follow U.S. Standards after Several Trucking Companies Face Violations

Wednesday, February 23rd, 2011

Hundreds of Canadian trucking companies are facing violations after being stopped at inspection sites throughout Canada and the United States.

Prince Freight

Take Prince Freight Lines, for an example, which is facing an ‘Alert’ status in the U.S.

Recently, Prince Freight was threatened with closure if it did not improve the violations against them.  According to www.cbc.ca, the trucking company had 14 driver fatigue violations over the last two years (Canadian drivers currently are allowed to drive 13 hours per day as opposed to the U.S. in which it is 11), including three that resulted in injuries due to accidents.

To prevent future violations, Prince Freight hired a safety officer to look after its drivers and make sure that they are abiding by regulations, hoping to earn a ‘Satisfactory’ status in April, the site notes.

And that is not the first trucking company to face a series of violations resulting in an ‘Alert’ status, especially over log book violations, which Canada keeps track of via paper means.  The problem with paper documentation is that these logs can be easily altered.

So what is Canada planning on doing about it?

According to Doug MacEwen, deputy registrar of highway safety, Canada is looking to follow the U.S. and incorporate electronic logbooks into its law (http://www.cbc.ca/news/canada/prince-edward-island/story/2011/02/23/pei-trucker-fatigue-prince-freight-584.html).

With the Hours of Service proposal in full bloom, The Federal Motor Carrier Safety Administration is currently pushing for the mandatory use of EOBRs (Electronic Onboard Recording Devices) for those companies prone to violations in order to monitor drivers’ hours.

Check out Road Scholar’s DOT Motor Carrier Safety Certificate at http://www.roadscholar.com/.  With a 0.0005% damage and loss rate, which is among the lowest in the industry and far below the rates of those major national carriers, your cargo is sure to be traveling with a safe carrier.

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