Turn Signals – Issue #46

USDOT to Test Removing Some Accidents from Carrier Records

The Federal Motor Carrier Safety Administration is proposing a two-year experiment allowing motor carriers to request certain non-preventable accidents be removed from their safety records. The trucking industry has complained for years about having crashes that were not the carriers’ fault in the agency’s database which were scored against them in the CSA system. Four types of crashes with other vehicles would be eligible for review if the other party was convicted of one these offenses: Driving under the influence, driving in the wrong direction, rear-ending the trucker’s unit, or hitting the unit while it was legally parked. Note the emphasis that the other party must be “convicted”. FMCSA will not accept an officer’s accident report on the cause of the crash as sufficient proof that the incident was not preventable by the carrier.

How would a trucker request USDOT to delete a crash?

To remove a crash from its record, a company would file a Request for Data Review (RDR) through the FMCSA DataQ website. The RDR must include proof of the other party’s conviction, all police reports of the accident, and “insurance reports from all parties involved in the crash”, although it is unknown how one party would get another party’s insurance report. Certain one-vehicle accidents involving only the trucking company could be filed without this documentation, such as a pedestrian’s suicide “by truck”, an animal struck in a roadway or a highway infrastructure failure like a bridge collapse. In such cases, the trucker must still prove the driver “took reasonable action to avoid the crash and did not contribute to the crash.” The agency’s response to PDR’s could be either “Preventable” or “Undecided”, whereby the accident would not be removed from the carrier’s record, or it could be “Not Preventable” with the crash being removed.

Dates Set for Highway Brake Checks on Commercial Motor Vehicles

The Commercial Vehicle Safety Alliance has designated Sunday, September 11-17 as this year’s “Brake Safety Week”. Inspectors across North America will be looking at heavy trucks and buses for improperly installed or poorly maintained brake systems. They will be looking for loose or missing parts; air or hydraulic fluid leaks; worn linings, pads, drums or rotors; and ABS malfunction indicator lamps. Last year 18,817 vehicles were inspected with 2,321 placed out of service for brake violations.

Which States Issue the Most Logbook Violations?

CCJ Magazine published an analysis of which states in 2015 had the toughest enforcement of hours-of-service regulations. Arkansas easily topped the list with 35.6% of its vehicle inspections citing a logbook violation. Next was Wyoming at 23.0%. Other states above 20% were North Dakota, Oregon, Colorado, Indiana and Kansas.

Cattle Haulers Permanently Allowed to Skip Daily 30-Minute Break

FMCSA has permanently exempted all interstate livestock haulers from the requirement to take a 30-minute break no later than the eighth hour on-duty. The former temporary rule did not apply to drivers working for carriers with a Conditional safety rating. Also, the prior requirement to report crashes to FMCSA has been removed.

Drive Time is NOT Game Time

Did you know… The National Highway Traffic Safety Administration is warning all drivers not to play Pokémon Go while operating a vehicle. Accidents are happening across the globe as gamers are playing this app by viewing their phone’s camera while they drive.

Turn Signals is published by Nicholas Wingerter (210.863.9759) and TRUCK SAFETY. ©2016 All Rights Reserved. It is posted on this site with their permission.