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Compliance and Regulatory Update: September, 2017

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Compliance and Regulatory Update: September, 2017

Telematics

Leveraging Electronic Information
Telematics Data Integration
The ELD mandatory compliance deadline will soon be counting down the last 90 days. Much has been written and there’s undoubtedly more to come. However, it may be a good idea to step back and look at the total impact electronic devices can have on a fleet.
The trucks the industry uses have grown “smarter” since they have on board computers that not only provide operating instructions for the engine but they also capture other data related to the truck’s operation. Downloading Engine Control Module (ECM) data can provide an insight into how the truck was driven. Safety systems such as lane departure warning, rollover prevention, and adaptive cruise control are becoming more common. An increasing number of fleets and owner operators are installing on board cameras to record vital information. And now we’re approaching the ELD deadline.
The word “telematics” is now being used by some to talk about this data. The challenge is how to best capture, analyze and utilize this data. Adding to the challenge is the fact that there can be data from multiple devices from different manufacturers that provide information in different formats.
Fleets are now in a position to have a “window” that looks at how the fleet is operating from both a financial and safety standpoint. Many times this can be real time, not historical data. However, it won’t necessarily be easy to integrate that information is such a way that it provides meaningful guidance for making business decisions.
Moving forward the fleets that master their telematics will have an advantage. They’ll have more robust knowledge about their operation and drivers and can use that information to support initiatives designed to improve profitability, safety and provide valuable feedback to their drivers.
Having said all of that, it is also very important that motor carriers ensure that the proliferation of systems and devices doesn’t clutter the truck’s cab with distractions that could lead to inattentive driving. It’s important that company policies and training initiatives evolve as well.
These are challenging times and there are plenty of business challenges not the least of which is a shortage of qualified drivers. However, it might be best if motor carriers look upon telematics as an opportunity for improvement, not just mandatory compliance with regulations.

Fatigue Management

Information Resources
Fatigue Management
Over the past several years driver fatigue has been increasingly discussed, primarily because of the discussion surrounding sleep apnea. That discussion is likely to continue because FMCSA has dropped its rulemaking process with regards to apnea.
In general terms we all recognize that fatigue can have potentially dangerous consequences, especially in the transportation industry. It’s important to keep in mind that this is just not an issue for over the road truck drivers. Fatigue can just as easily affect a driver who is involved in a local operation. If a person is not receiving enough quality restorative rest, then fatigue will set in and, at some point, the driver will fall asleep.
Fatigue management should be a topic of discussion at all motor carriers, but not just during driver meetings. This discussion should really begin at the management level. The company needs to identify practices that can lead to fatigue and take steps to mitigate them. This includes identifying work scheduling issues as well as personal habits that can result in a sleep deficit.
There is a resource of information developed by the North American Fatigue Management Program. The development of this material was underwritten by the Federal Motor Carrier Safety Administration. It’s available for no cost at this web site:
There are a total of ten modules available. They can be taken on line or downloaded for later use. The modules vary in length from ¾ of an hour to 3 hours. The subject matter includes:
— Safety Culture Management Practices
— Sleep Disorder Management
— Driver Scheduling Tools
The Driver Education module is three hours long which far exceeds what can be included in a driver meeting. However, all of these modules can be downloaded as a PowerPoint which enables you to edit the material into manageable components. This web site offers a wealth of material that you can use to support your comany’s fatigue management program.
Medical professionals agree that sleep apnea degrades the restorative qualities of sleep and can result in fatigued driving. The major source of disagreement is the discussion regarding how widespread the problem is and how to determine which drivers should be screened for the disorder. FMCSA had begun the rulemaking process to craft a Final Rule regarding this topic. They recently announced that they will not be moving forward. So, at the moment, that leaves the industry with the following:
January, 2015, Bulletin to Medical Examiners Regarding Obstructive Sleep Apnea
This bulletin reminds medical examiners that the physical qualification standards prohibit individuals from receiving a medical examiner’s certificate to operate commercial motor vehicles in interstate commerce if they have an “established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his or her ability to control and drive a commercial motor vehicle safely.” (49 CFR 391.41(b)(5)). OSA is considered a respiratory dysfunction when there is a determination that it is likely to interfere with the driver’s ability to operate safely because of the severity of the case.
November, 2016, Medical Review Board Recommendations
This publication sets forth general recommendations regarding screening and treatment. It also sets forth standards for disqualification, conditional certification, and identifies characteristics which identify individuals who should be referred for a diagnostic sleep evaluation. Finally this publication details the types of treatment that can be used after a diagnosis of sleep apnea.
If FMCSA had decided to move forward with their rulemaking, a process would have been defined. However, they clearly view sleep apnea as a respiratory dysfunction when there is a determination that it is likely to interfere with the driver’s ability to operate safely because of the severity of the case. Unfortunately, FMCSA has not defined the process to be used to make that determination.
Apnea can certainly be a serious issue, especially if it remains undiagnosed. You should have a conversation with your medical providers about this subject and how they handle identifying those at risk and what treatment steps are taken.

FMCSA: 12 New Violations

Added to Roadside Inspections
Roadside Violations Added
The following violations have been added to the Safety Management System and will begin appearing on roadside inspections. It’s interesting to note that an under inflated tire is now a violation:
Unsafe Driving
— Operating a property-carrying commercial motor vehicle while all other occupants are not properly restrained
Vehicle Maintenance
— Tire-front tread depth less than 2/32 of inch on a major tread groove
— Tire-other tread depth less than 1/32 of inch measured in 2 adjacent major tread grooves
— Operating a CMV at speeds exceeding the speed-restriction label of the tire
— Weight carried exceeds tire load limit
— Operating a CMV while weight carried exceeds tire rating due to under-inflation
Controlled Substances/Alcohol
— Driver on duty and in possession of a narcotic drug / amphetamine
— Driver on duty and under the influence of, or using a narcotic drug / amphetamine, which renders the driver incapable of safe operation.
— Driver having any measured alcohol concentration, or any detected presence of alcohol while on duty, or operating, or in physical control of a CMV
— Driver having possession of alcohol while on duty, or operating, or in physical control of a CMV
— Operating a CMV while under the influence of an intoxicating beverage regardless of its alcohol content.
Hazardous Materials Compliance
— Represent a package as meeting a specification that does not meet a specification
All of these violations, except for the HAZMAT violation, will also appear in the Driver SMS

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

Ryan Billet
National Transportation Consultants, Inc.
National Transportation Consultants, Inc.
317-770-0953
National Transportation Consultants, Inc., 400 Lafayette Road, Noblesville, IN 46060
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