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Non Preventable Crashes

Removal From CSA

After much prodding from the industry the Federal Motor Carrier Safety Administration (FMCSA) has announced a two-year program to test integrating “crash accountability” into CSA. This is a reversal from their earlier position that doing so would be too cumbersome and would not improve carriers’ BASIC scores. It’s hard to believe that removing some crashes from a motor carrier’s record wouldn’t result in an improved Crash Indicator score.

At some point the program will be published in the Federal Register and will follow the usual rulemaking process starting with a 60 day comment period. FMCSA wants the industry to comment on what types of documents should be used to confirm that a crash was non-preventable. At some point the program will go “live” and will run for two years. Crashes occurring prior to the start of the program will not be eligible for review.

The program will focus on four crash types where the motor carrier’s truck was

1. struck by a motorist driving under the influence of drugs or alcohol
2. hit by a motorist driving in the wrong direction
3. struck in the rear
4. struck while it was legally stopped or parked.
5. FMCSA may also add crashes such as suicide by truck and animal strikes

Motor Carriers will be required to submit a request via the DataQ system and include supporting documents. FMCSA will then review the information and, if found to be non-preventable, the crash will be removed from the carrier’s Crash Indicator BASIC.

This program is certainly welcome, although it does have some limitations. All crashes will appear in CSA unless the motor carrier’s appeal is granted. Also, only some types of crashes can even be considered for removal. However, this is at least a step in the right direction considering that just one year ago FMCSA was saying that it would be too difficult to go down this road.

CVSA Brake Check

ANNOUNCED AND UNANNOUNCED

The Commercial Vehicle Safety Alliance’s Brake Safety Week is scheduled for Sept. 11-17. As the name implies the focus is on inspecting brake systems and inspectors will be looking for worn or faulty components as well as brakes out of adjustment. Most inspections occurring during the week will be full Level I inspections, and ten jurisdictions will be using performance-based brake testing to measure braking efficiency.

Last year over 18,000 trucks were inspected which resulted in an out-of-service rate of 12.3%. In May CVSA conducted an unannounced brake check day in 31 states and Canadian provinces. Just over 12% of the 6,128 vehicles inspected were placed out-of-service for brake violations and 14% were placed out of service for violations other than brakes.

Anti-lock braking systems help vehicles remain in control in most cases where there is the possibility of wheel slip when braking. ABS reduces the chance of jackknifing and increases control in braking situations. ABS also provides a platform for stability control systems that help prevent loss of control or rollover crashes. Furthermore, newly available and future safety systems all rely on functional brakes, tires and ABS. Just as foundation brakes must be well maintained and tires must be properly inflated, ABS and safety systems that rely on ABS cannot help keep the vehicle in control, even prevent crashes, when they are disconnected or poorly maintained.

Roadside Drug Testing

MICHIGAN PILOT PROGRAM

The state of Michigan will begin a one year pilot program for roadside drug testing. The program will be implemented in five counties and will begin later this year. The program was authorized by the Michigan legislature after a fatal crash caused by a logging truck driver who ran a red light. A post accident drug test found marijuana in his system.

The law specifically states that in order for the test to be administered, the driver must be suspected of impaired driving. The test cannot be administered during a routine traffic stop. The officer administering the oral swab test must be a trained Drug Recognition Expert (DRE). During the pilot program, confirmation testing will be conducted by an independent accredited laboratory to verify the roadside test kits are not providing false positive results.

DREs possess advanced training in the assessment of person’s impairment due to the use of alcohol, drugs, or both. If a DRE suspects a person is impaired by drugs, they will follow existing procedures to establish whether or not the person is in fact impaired. Arrest policies and procedures for impaired driving will not change due to this pilot program and arrests will not be made solely on the results of an oral fluid test.

Any motorist who refuses the roadside test would face a civil infraction. Commercial drivers who refuse will be placed out of service for 24 hours and would also face misdemeanor charges. A conviction would be punishable by up to 93 days in jail and/or a maximum fine of $100.

Upon completion of this pilot program Michigan will assess the results. If the results appear favorable from a safety standpoint, then the program will most likely be expanded to cover the entire state. Most likely other states will be watching with interest.

You can count on us to provide expert guidance to keep your safety and compliance programs on track.

Ryan Billet
National Transportation Consultants, Inc.