Minnesota Fatigued Driving Evaluation Checklist .... Opie?

[Indiana Roadrunner]

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OOIDA at CVSA: defending truckers’ rights
The Owner-Operator Independent Drivers Association recently sent five representatives to the spring workshop of the Commercial Vehicle Safety Alliance to represent the interests of truck drivers subjected to roadside inspections.

OOIDA Director of Regulatory Affairs Rick Craig; OOIDA Foundation Operations Director Tom Weakley; Joe Rajkovacz, OOIDA regulatory affairs specialist; General Vice President Woody Chambers; and OOIDA Director of Security Operations Doug Morris all attended the CVSA workshop in Louisville, KY, in mid-April.

The OOIDA representatives recently sat down with Terry Scruton for interviews aired on Land Line Now.

CVSA policy doesn’t have the force of law, but the gatherings attempt to find common ground for law enforcement agencies, truckers and trucking groups in navigating federal and local safety rules. CVSA also takes positions on new potential safety measures.

The workshop was attended by many law enforcement representatives, state DOTs and product vendors, OOIDA leaders said.

CVSA participants discussed everything from speed limiters to driver distractions and even inspection decals (hint: expect many states to run low on decals after level one inspections this year.)

Here’s a rundown of several issues that OOIDA representatives discussed with CVSA members, and a summary of the Association’s position on each issue.

Truck size and weights
While some shippers, carriers and their organizations have argued for increasing the truck weight limit to 97,000 pounds and six axles, such a recommendation died at CVSA in committee.

“From what we understand, they don’t think it’s going to go anyplace,” Rajkovacz said.

Participants also discussed the recommendation at length, and OOIDA representatives brought up the vast differences in the way kingpin laws are enforced depending on the state drivers are in.

“Many states don’t even measure the same place – there is no uniformity,” Craig said.

OOIDA position: Sold under the guise of environmentalism and efficiency, major motor carriers and shippers see dollar signs in longer and heavier trucks. The nation’s bridges and highway infrastructure would suffer, and adding 20 percent weight would likely have consequences detrimental to safety.

Driver fatigue
Minnesota and Indiana have become famous for their checklist aimed at identifying fatigued drivers.

A proposal came forward to recommend that truck drivers be put out of service for 10 consecutive hours “across the board” for fatigue. Currently, drivers can be put out of service “until such time that the illness no longer impairs you,” Craig said.

The recommendation was approved at committee level, but ultimately was withdrawn. Craig said it will be discussed by the CVSA driver committee for the fourth time at a future meeting.

OOIDA position: Minnesota and Indiana’s driver fatigue determinations are totally subjective, Craig said, and will be challenged in court.

Out-of-service criteria
CVSA’s vehicle committee discussed several items involving equipment that could cause a driver to be placed out of service, Chambers said.

The committee approved a recommendation to close the exemption for tire replacement on duals. Currently, a flat tire on duals can be matched to a good tire, or a bald tire can be matched to a tire with good tread. The recommendation would call for both tires to be replaced. The second measure approved involved air gauges. If two air gauges, primary or secondary, are inoperative, the vehicle would be put out of service, Chambers said.

OOIDA position: OOIDA has always believed out-of-service issues – because they are so punitive in nature – should be published in the Federal Register and opened for public comment as federal rules are.

Devices not in use
Chambers said the vehicle committee recommended that devices not in use – such as chains, hooks, fifth wheel on bobtail – “if they’re in violation, you wouldn’t be put out of service but you would not receive a decal.”

The committee also clarified its recommendation for tire depth measurements.

“They have to be three separate areas of the tire at least 8 inches apart,” Chambers told Land Line Now. “Inspectors can’t take the measurement on a flat spot.”

Also, Wyoming law enforcement representatives told CVSA participants that state would begin enforcing a snow chain carry law, as many western U.S. states have implemented.

OOIDA position: Devices not in use shouldn’t count as defective. “There’s no defect because it’s not even being used,” Craig said.

Driver distraction
In 2008, OOIDA Member Gerald Cook was issued a citation and was told he owed a fine of $450 merely for having a laptop mounted in his truck cab at an Arizona port of entry.

After FMCSA officials stated that laptops wouldn’t fall under a federal regulation prohibiting TVs mounted within the driver’s view, the case against Cook was dropped.

The case was discussed at a September meeting of CVSA participants, and brought up again in last week’s CVSA workshop.

It appears that CVSA will pursue educating drivers about distractions for the time being.

Craig and Rajkovacz said law enforcement officials acknowledged that all drivers, including police, have many items that could possibly distract them.

“It’s to the credit of law enforcement officers, who looked at all the things they have in squad cars – laptops, radar, radios – and realize they have more distractions sitting in their squad cars than most truckers do,” Rajkovacz said.

OOIDA position: Laptops, GPS devices and other equipment are being used by many drivers for important tasks such as mapping and maintaining electronic logbooks, and shouldn’t be banned or considered a distraction simply for being in a truck cab.

Speed limits and speed limiters
CVSA does not appear to be poised to jump into the debate over speed limiters.

Weakley said a representative from British Columbia came into his committee and reported that Canada’s western provinces weren’t likely to pursue speed limiters as Ontario and Quebec have approved them.

“What they were thinking is, speed limiters were done in two provinces. We’re in western provinces; we’re not dealing with the issue,” Weakley told Land Line Now. “That kind of gives you an idea.”

OOIDA position: OOIDA has always maintained that split speed limits and speed limiters endanger the lives of all highway users.

[dak1]

A proposal came forward to recommend that truck drivers be put out of service for 10 consecutive hours “across the board” for fatigue. Currently, drivers can be put out of service “until such time that the illness no longer impairs you,” Craig said.
=========================================================

Isn't there a Federal law against diagnosing medical conditions without a MD License... ???

[pipeman]

A proposal came forward to recommend that truck drivers be put out of service for 10 consecutive hours “across the board” for fatigue. Currently, drivers can be put out of service “until such time that the illness no longer impairs you,” Craig said.
=========================================================

Isn't there a Federal law against diagnosing medical conditions without a MD License... ???

Will the above apply when being towed ???

[Indiana Roadrunner]

Checklist Fatigue – A Land Line Now Special Series

Land Line Now presents a print version of our four-part series about the Fatigued Driving Evaluation Checklist, which is being used in Minnesota and Indiana as part of a process that frequently leads to truckers being put out of service. To read the stories in the series, click on the links below:

Part I: A so-called 'survey' puts a 30-year safe driver out of service http://www.landlinenow.com/2009/04/chec ... d_17.shtml
Part II: Critics say checklist subjective, unscientific; officers stand by process http://www.landlinenow.com/2009/04/chec ... y_13.shtml
Part III: A conversation with the man who created the list, Capt. Ken Urquhart http://www.landlinenow.com/2009/04/chec ... tion.shtml
Part IV: OOIDA officials say Minnesota's method creates more problems than it solves http://www.landlinenow.com/2009/04/chec ... oida.shtml

[beachbum123]

This the federal rule

Subpart A—General
§392.3 Ill or fatigued operator.
No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

Now for this one for all who think federal rules are god, when it comes to HOS


§392.2 Applicable operating rules.
Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with.

[Monty]

Ah .. but WHICH regulation did the officer site when placing the aforementioned drivers OOS? If they used Minnesota, or Indiana law, perhaps.

But if they were citing Federal regulations, perhaps they erred in judgement?

[pipeman]

Ah .. but WHICH regulation did the officer site when placing the aforementioned drivers OOS? If they used Minnesota, or Indiana law, perhaps.

But if they were citing Federal regulations, perhaps they erred in judgement?

Why is it that trucks drivers make mistakes and screwups but enforcement people only err ????

[RABELAM]

Why is it that trucks drivers make mistakes and screwups but enforcement people only err ????

The edumacation level is higher.

[Indiana Roadrunner]

In the news today:
Thanks to the pressure from truck drivers, trucking companies and trucking organizations. Indiana has dropped the use of The Fatigue Checklist and Minnesota has changed the name (in an attempt to hide it) from The “Fatigue Checklist” to The “Fatigue Report“.

In an email sent out to all troopers in Minnesota they are being told not to talk to anyone about the list, plus not tell the driver what it's called when asking the questions. They also added more questions.

As soon as a copy of the email is posted I will post the email here and on other boards so we can see what the little devils are trying to do to save their Checklist (Report) and their wayward Captain that dreamed up the Checklist (Report).

[RWD]

According to a fleetwide message I got from my company today they are asking drivers to take a survey about "health related issues". We were advised to refuse to answer.