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FMCSA officially strikes long-dormant 34-hour restart provisions from HOS

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Over two years after two provisions of the 34-hour restart rule were suspended permanently, they have been formally stricken from the Federal Motor Safety Regulations. (Courtesy: J.J. KELLER & ASSOCIATES)

WASHINGTON — A portion of the 2011 final rule on Hours of Service that caused consternation and controversy within the trucking industry has been officially erased from the Federal Motor Carrier Safety Regulations (FMCSRs) in hopes, the Federal Motor Carrier Safety Administration said, to avoid possible confusion among industry stakeholders.

The agency’s action was revealed in a final rule that was published in the Federal Register (FR)Thursday and immediately went into effect.

The eliminated provisions involved the 34-hour restart rule of HOS, which first appeared in the 2003 HOS rule.

When the 2003 rule was implemented in early 2004, professional truck drivers were allowed for the first time ever to reset the 60/70-hour clock by going off duty for 34 consecutive hours.

There were no restrictions on how frequently the restart provision could be used.

When the 2011 rule was promulgated, the agency decided — at least partially at the urging of safety advocacy groups — to amend the restart provision so that it could be used only once in a seven-day period and required that the 34 hours include two 1 a.m. to 5 a.m. time periods.

The amended restart provision didn’t sit well with the trucking industry, which almost immediately set out to get the agency to dump the amendments and revert to the original restart provision.

But the agency wouldn’t budge, and the trucking industry turned to Congress for relief.

In the final rule published Thursday, the FMCSA admitted there were issues with the added stipulations to the use of the 34-hour restart.

“These restrictions proved problematic for many drivers and carriers, adversely affecting

their operations and generating significant controversy,” the FR notice read.

Sen. Susan Collins, R-Maine, was the catalyst behind the congressional relief.

She introduced an amendment to the 2015 Transportation, Housing and Urban Development appropriations bill that would suspend the 1 a.m. to 5 a.m. overnight requirement and the provision to allow more than one restart in a seven-day period.

The bill required the suspension remain in place until a study was conducted on the provisions to determine if they added value to the restart option.

The amendment made clear that the study would need to show a statistically significant improvement in multiple factors enumerated in the legislation.

Based on another requirement of Collins’ amendment, the Department of Transportation would report the findings of that study to Congress.

In the March 2017 report to Congress, the DOT confirmed the finding of the study that no statistically significant benefits accrued from restart provisions added in the 2011 HOS restart rule.

An FMCSA spokesman said there was no significance to the fact the agency chose to issue the final rule Thursday, two years after it became obvious based on a congressionally-mandated study that the two provisions added in 2011 would forever remain suspended.

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4 Comments

4 Comments

  1. dude

    September 13, 2019 at 10:03 am

    now you have to sit for 2 days to get enough hours back to run or drive 8hr day’s to stay on recaps
    34 hr reset was a great concept so was the thirty minutes break everybody take a lunch right

  2. David

    September 13, 2019 at 5:13 pm

    Why dont they just remove the 34 hour restart? It’s the dumbest thing in the HOS rules. We already have to sleep for 10 hours per day when most people dont sleep for more than 8, and even less if they work two jobs. Just remove it, nobody wants to sit in their trucks for 34 hours in a random state and truck stop. Its dumb.

  3. dude

    September 13, 2019 at 7:11 pm

    so what happens when you use up your 70
    on the 6th day the 70hr in 8 days won’t be able to drive for 2 days fmsca got ya

    and you didn’t realize how great the 34hr reset was

  4. Scott fay

    September 14, 2019 at 3:32 am

    They didn’t get rid of the 34hr reset. They just permanently removed the old provisions that went with it. The 1to5am and the once a week reset.

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39 people found dead in truck container in southeast England

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Police officers attend the scene after a truck, in rear, was found to contain a large number of dead bodies, in Thurrock, South England, early Wednesday October 23, 2019. Police in southeastern England said that 39 people were found dead Wednesday inside a truck container believed to have come from Bulgaria. (Associated Press: ALASTAIR GRANT)

LONDON — Investigators were trying to piece together the movements of a large cargo truck found Wednesday containing the bodies of 39 people in one of Britain’s worst people smuggling tragedies.

Details about the victims, including where they were from, were scarce. Police in southeast England said they have not been identified — a process they warned would be slow.

The truck’s driver — a 25-year-old man from Northern Ireland — was arrested on suspicion of murder. He has not been charged and his name has not been released.

He and other drivers who may have been at the wheel before him would have taken advantage of the European Union’s generally open borders to travel in several countries without border checks. Britain remains an attractive destination for immigrants, even as the U.K. is negotiating its divorce from the EU.

In Parliament, Prime Minister Boris Johnson put aside the Brexit crisis, at least for a few minutes, and vowed that the people traffickers would be found and prosecuted to the full extent of the law.

“All such traders in human beings should be hunted down and brought to justice,” he said.

Ambulance workers discovered the bodies after being called at 1:40 a.m. to a truck on the grounds of the Waterglade Industrial Park in Grays, 25 miles (40 kilometers) east of London on the River Thames. It was unclear who called the ambulance service.

No cause of death has been made public. Police said one victim appeared to be a teenager but gave no further details.

Police initially said the cargo truck had traveled through Ireland and then to Wales via ferry. But Essex police later said they believe the container with the people inside went from the port of Zeebrugge in Belgium to Purfleet, England, where it arrived early Wednesday. Police said they believe the tractor unit traveled from Northern Ireland and picked up the container unit.

“This is a tragic incident where a large number of people have lost their lives. Our inquiries are ongoing to establish what has happened,” Essex Police Chief Superintendent Andrew Mariner told reporters.

The cargo truck had a Bulgaria registration, Bulgaria’s Foreign Ministry said in a news release. But Bulgarian authorities said they could not yet confirm that the truck had started its journey there. The Foreign Ministry said the Swedish-made “Scania” truck was registered in the Bulgarian Black Sea port city of Varna to a company owned by a woman from Ireland.

“We are in contact with our embassy in London and with British authorities,” Foreign Ministry spokeswoman Tsvetana Krasteva said.

The number of victims was shocking, although it has become sadly common in recent years for small numbers of migrants to occasionally be found dead in sealed vehicles after having been abandoned by traffickers.

The tragedy recalls the death of 58 migrants in 2000 in a truck in Dover, England, and the deaths in 2015 of 71 migrants from Syria, Iraq and Afghanistan who were found suffocated in the back of a refrigerated truck that was abandoned on an Austrian highway close to the Hungarian border.

It seems likely the traffickers shunned the most popular English Channel route from Calais, France, to Dover, England because of increased surveillance at those ports and instead chose a more circuitous route.

Dover and Calais, which have been under pressure from human traffickers for years, have sniffer dogs, monitors and more advanced technological surveillance due to the fact that they are the endpoints for the Channel Tunnel between France and Britain.

Groups of migrants have repeatedly landed on English shores using small boats for the risky Channel crossing, and migrants are sometimes found in the trunks of cars that disembark from the massive ferries that link France and England, but Wednesday’s macabre find in an industrial park was a reminder that trafficking gangs are still profiting from the human trade.

“To put 39 people into a locked metal container shows a contempt for human life that is evil,” lawmaker Jackie Doyle-Price, who represents the region in parliament, told Parliament.

The National Crime Agency said its specialists were working to “urgently identify and take action against any organized crime groups who have played a role in causing these deaths.”

It said in May that the number of people being smuggled into Britain via cargo trucks was on the rise.

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CDL Meals forms partnership with American Association of Owner-Operators

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CDL Meals offers a variety of organic chef-prepared meals that help drivers make healthy eating choices while on the road. (Courtesy: CDL MEALS)

ANAHEIM, Calif. — CDL Meals, the division of Fresh n’ Lean focusing on healthful meal options for professional truck and bus drivers, has formed a partnership with the American Association of Owner Operators (AAOO).

CDL Meals offers a variety of organic chef-prepared meals that help drivers make healthy eating choices while on the road.

“We could not be more excited to launch our first healthy-eating alliance with AAOO,” said Bob Perry, director of CDL Meals. “We believe that people working in all industries deserve to live a healthy lifestyle and have access to the tools they need to ensure overall wellbeing, despite industry standards and limitations. CDL Meals has already made a positive impact on drivers and through this partnership, more operators can benefit from the quality meal plans.”

The American Association of Owner Operators is a nationwide organization dedicated to providing professional truckers and small fleet owners with the latest technology, benefits and assistance to advance in today’s trucking industry.

Perry said through the partnership, members of the AAOO will have access to CDL’s seasonal menus, free nationwide delivery and the promise of fresh, affordable meals on the road.

“We are so thankful the team at Fresh n’ Lean saw an opening to help improve the wellbeing of those in the trucking industry,” said David Huff, CEO of AAOO. “We are committed to helping drivers stay safe while out on the road so they can get back home to their family and friends. “Good nutrition is the most important part of staying healthy and staying healthy is a huge factor in staying safe. That’s why we are so excited to partner with CDL Meals and provide great tasting meals at an affordable price to our members.”

Perry said CDL Meals is a service formulated especially for commercially licensed drivers to deliver chef-prepared food items anywhere within the U.S. using organic ingredients to create balanced, wholesome meals. Each menu option consists of a combination of protein, healthy carbohydrates, and vegetables. All meals are delivered fresh and can be refrigerated for up to seven days. The vacuum-sealed trays can be heated quickly and enjoyed at any time.

Along with the meals, each purchase comes with a 14-page driver wellness education booklet that includes dietary tips, an exercise plan, and suggestions to improve overall health through simple lifestyle changes.

For more information on CDL Meals, visit www.cdlmeals.com.

For more information on AAOO, visit https://aaofoo.com

 

 

 

 

 

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NHTSA: Overall traffic fatalities in 2018 decline 2.4%, 2019 drop likely

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NHTSA said the fatality rate per 100 million vehicle miles traveled decreased by 3.4 percent (from 1.17 in 2017 to 1.13 in 2018), the lowest fatality rate since 2014. (Associated Press)

WASHINGTON — The National Highway Traffic Safety Administration Tuesday released highway crash fatality data for 2018, showing a 2.4% decline in overall fatalities, the second consecutive year of reduced crash fatalities.

“This is encouraging news, but still far too many perished or were injured, and nearly all crashes are preventable, so much more work remains to be done to make America’s roads safer for everyone,” said U.S. Transportation Secretary Elaine L. Chao said.

The data, compiled by NHTSA’s Fatality Analysis Reporting System (FARS), shows that highway fatalities decreased in 2018 with 913 fewer fatalities, down to 36,560 people from 37,473 people in 2017. The fatality rate per 100 million vehicle miles traveled also decreased by 3.4 percent (from 1.17 in 2017 to 1.13 in 2018), the lowest fatality rate since 2014.

The 2018 FARS release also clarifies previously released data on large trucks involved in fatal crashes. NHTSA reexamined supporting material and reclassified several light pickup trucks to an appropriate large truck category (10,000 lbs. gross vehicle weight ratings (GVWR). As a result, the 9% increase in large-truck-related fatalities reported for 2017 has been revised to 4.9%. For 2018, large-truck related fatalities increased by 0.9 percent. The details of the scope of the changes are documented in the 2018 fatal motor vehicle crashes overview research note.

No data was available on Class 8 tractor-trailer combinations.

Other findings from the 2018 FARS data include:

  • Fatalities among children (14 and younger) declined 10.3%
  • Alcohol-impaired-driving fatalities declined 3.6%
  • Speeding-related fatalities declined 5.7%
  • Motorcyclist fatalities declined 4.7 percent.

“New vehicles are safer than older ones and when crashes occur, more new vehicles are equipped with advanced technologies that prevent or reduce the severity of crashes,” said NHTSA Acting Administrator James Owens said. “NHTSA has spent recent years partnering with state and local governments and safety advocates to urge the public to never drive impaired or distracted, to avoid excessive speed, and to always buckle up.”

Jonathan Adkins, executive director of the Governor Highway Safety Association (GHSA) said the organization was pleased to see the 2018 decline and the estimated 3.4% dip thus far in 2019.

“A decline in 2019 would mark three straight years of fewer fatalities despite a strong economy, which typically correlates with increased traffic deaths,” he said. “However, the only acceptable level of deaths is zero, and we will not rest until that is achieved.”

Adkins said GHSA was glad to note progress in reducing alcohol-related, speeding-related and motorcyclist fatalities in 2018.

“The tremendous investments made today in highway safety have been beneficial, but clearly not commensurate with the need,” Adkins said. “GHSA is committed to working with our partners in the federal government, advocacy community and at the state and local level to accelerate the momentum toward zero deaths on our nation’s roadways.”

NHTSA said the projected 2019 decline translates to an estimated first-half 2019 fatality rate of 1.06, the lowest first-half level since 2015. The estimates for the second quarter of 2019 represent the seventh-consecutive year-over-year quarterly decline in fatalities, starting in the last quarter of 2017.

NHTSA is identifying opportunities to leverage its resources and collaborate with modal partners within USDOT to reduce fatalities among pedestrians and pedalcyclists (bicyclists and riders of two-wheel, nonmotorized vehicles, tricycles, and unicycles powered solely by pedals), among whom 2018 fatalities unfortunately increased by 3.4% (to 6,283) and 6.3% (to 857), respectively.

With the release of the 2018 and 2019 data, NHTSA also introduced its new Fatality and Injury Reporting System Tool (FIRST), a modernized crash query tool that lets users not only query fatal crash data but also generate estimates of crashes and people injured in crashes. The upgraded functionalities in the new tool include generating multi-year trends, estimates of alcohol involvement, and charting/tabulation/mapping of query results. The tool, along with instructions on its usage, can be accessed here.

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