The Highway Safety Problem Safety in the Motor Carrier Industry Causes of Accidents

1. The Highway Safety Problem Safety in the Motor Carrier Industry Causes of Accidents Government Solutions Hours of Service Rules Drug Testing Commercial Drivers License Safety Audits Roadside Inspections Federal Motor Carrier Safety Administration Technology

2. The Safety Problem More truck traffic More problems with large trucks on the highways Deaths associated with large vehicle accidents

3. Motor Vehicle Traffic Crashes 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 Fatal 38,588 39,252 38,444 38,477 38,491 37,862 37,526 37,140 37,107 37,324 37,494 37,241 36,254 Crashes Traffic Crash Fatalities (Vehicle Occupants and Motorcycle Riders) Drivers 27,323 27,491 26,871 26,779 26,659 25,869 25,567 25,257 24,743 24,667 24,534 24,390 23,691 Passengers 9,473 10,069 10,355 10,458 10,604 10,469 10,695 10,521 10,530 10,944 11,058 10,782 10,518 Unknown 106 86 78 104 112 102 86 97 109 114 103 119 109 Sub Total 36,902 37,646 37,304 37,341 37,375 36,440 36,348 35,875 35,382 35,725 35,695 35,291 34,318 Non-Motorists Pedestrians 4,784 4,892 4,675 4,774 4,851 4,901 4,763 4,939 5,228 5,321 5,449 5,584 5,489 Pedalcyclists 773 786 727 629 665 732 693 754 760 814 765 833 802 Other/Unknown 183 186 130 140 114 123 141 149 131 153 154 109 107 Sub Total 5,740 5,864 5,532 5,543 5,630 5,756 5,597 5,842 6,119 6,288 6,368 6,526 6,398 Total 42,642 43,510 42,836 42,884 43,005 42,196 41,945 41,717 41,501 42,013 42,065 41,817 40,716 Large Truck Fatal Crashes 5,018 5,212 5,235 Source: Federal Motor Carrier Safety Administration, “Large Truck Crash Facts 2005,” (Washington, DC: U.S. Department of Transportation, 2005).

4. Highway Deaths: 1994-2006

5. Human Error FHWA Study - 95% of all preventable accidents due to human error Office of Technology Assessment Study - 60% of all commercial motor vehicle accidents caused by human error

6. Sources of Human Error in Truck Accidents Fatigue Drug/alcohol abuse Lack of skills

7. Top 10 Factors Related to Large Truck Accidents The Large Truck Crash Causation Study-2005 Brake problems Traffic flow interruption (congestion, previous crash) Prescription drug use Traveling too fast for conditions Unfamiliarity with roadway Roadway problems Required to stop before crash (traffic control device, crosswalk) Over-the-counter drug use Inadequate surveillance Fatigue

8. Other Factors Relating to Motor Carrier Accidents Length of time a driver is with a firm Condition of equipment Age of equipment Rate of defective equipment Profitability Larger specialized carriers tend to have more accidents Automobile Drivers Cell Phones?

11. Government Solutions Hours of Service Rules Drug Testing Commercial Drivers License Safety Audits Roadside Inspections Federal Motor Carrier Safety Administration Black Boxes

12. Driver Fatigue • Traditional Hours of Service Rules • 10-hour driving limit during a 15 hour on-duty period • 8-hour daily off-duty period to restart the driving time clock • Sleeper berth exception, permitting the off-duty period to be accumulated in two periods of at least two hours each • Weekly cumulative on-duty limit of 60 hours over past 7 days

13. Driver Fatigue • New HOS Rules • An 11-hour daily driving limit • On-duty limit from 15 hours to 14 hours • Off-duty period from eight to 10 hours • Kept the old sleeper berth exception • 60-hour week limit; and • A 34-hour restart provision, theoretically adding 17 hours to the work week

14. Driver Fatigue Implementation Issues August 25, 2005: FMCSA published a final HOS rule July 24, 2007: DC Circuit Court vacated * 11-hour rule and * 34-hour restart December 17, 2007: FMCSA Interim Final Rule (IFR) * Reinstated the two provisions vacated by the Court * Sought further comments on those provisions.

15. Drug/Alcohol Abuse Mandatory drug testing Counseling Substance abuse hotline – i.e., Bridgestone Tires

16. Lack of Skills Specialized skills required Often drivers have little or no training Federal Commercial Drivers License (CDL) Nation-wide computer system

17. Motor Carrier Safety Audits U.S. DOT evaluates and assigns safety ratings to more than 200,000 motor carriers Performed by field specialists from the DOT's Office of Motor Carrier Safety (now FMCSA)

18. Documents Required for Typical Carrier Driver qualification files Driver logs or daily time sheets Insurance certification (MCS-90) Accident report forms (MCS-50) A written hiring policy A written drug and alcohol policy Annual inspection reports for vehicles Maintenance files for each vehicle A copy of Federal Motor Carrier Safety Regulations

19. Documents Required for HazMat Carrier A copy of Hazardous Materials Regulations Hazardous materials placards and labels Hazardous materials waste manifests Cargo tank certificate Cargo tank inspection reports DOT Form F5800 Receipts for documents Driver's manual for handling hazardous materials

20. Factors on Which the Rating is Based • Adequate Safety Management Controls • Managerial responsibility for safety, insurance, and accident information • Driver Qualifications • Driving and Service Hours • Vehicle Maintenance • Hazardous Materials

21. Categories of Ratings Which May Result • Satisfactory - Everything is in order • Conditional - When any one factor is not adequate, carrier is required to correct the problem(s) prior to the field specialist returning for a Safety Audit • Unsatisfactory - If more than one factor is failed. May result in the carrier being shutdown

22. Black Box Research Installed in SUVs Most Frequent Comments Before Crashes: North East, “Who the hell does he think he is?” Southwest, “Hold my beer, this is going to be close.”

23. FMCSA publishes HOS comment period extension (02-22-08) FMCSA announces HOS comment period extension (02-18-08) D.C. court denies petition to review rule (01-25-08) Train drivers and dispatchers on using the "bad weather" exception (01-21-08) Senate Committee hears HOS arguments, concerns (12-19-07) Safety groups challenge re-adoption of HOS rules (12-19-07) FMCSA publishes hours of service interim final rule (12-17-07) HOS IFR makes it to OMB (11-28-07) CTA: Minister should address lack of harmonization of HOS rules (11-09-07) California amends intrastate hours-of-service regulations (11-05-07) FMCSA Comments lead to withdrawal of supporting documents SNPRM (10-29-07) Court stays HOS regulations until December 27 (10-02-07) FMCSA, SCT announce real-time tracking for cross-border project (10-02-07) FMCSA memorandum to the Court requests HOS stay (09-24-07) FMCSA: EOBR rule could be expanded, cover more companies (09-21-07) ATA HOS petition receives strong support from organizations, companies (09-21-07)

24. Motion to Stay Hours-of-Service Ruling Filed ATA petitions to retain HOS regulations (09-05-07) Appeals Court tosses DOT’s 11-hour rule and 34-hour restart FMCSA grants HOS fireworks exemption (07-02-07) CVSA advocates universal adoption of EOBRs (06-18-07) EOBR proposal published in Federal Register (01-18-07) HOS supporting documents rule put on hold (01-12-07) FMCSA releases Electronic On-Board Recorder proposal (01-11-07) U.S. Court of appeals to hear arguments on HOS (11-28-06) Analysis addresses EOBRs for hours-of-service monitoring (10-09-06) Final rule on supporting documents for hours of service expected soon (09-29-06) Court issues procedural orders to deal with HOS cases (05-22-06)