CVSA Guardian 2nd Quarter 2011

Volume 18, Issue 2 Second Quarter 2011

Enhancing Roadside

InspectionsEnforcement Data

Uniformity Anticipated to Reduce DataQs

Colorado State Patrol Awards Grant Money to Local Agencies to Improve CMV Safety

training smarter, not harder: how to determine your best training option

Guardian

cvsa emphasizes proposed hos regulation changes must be simple, enforceable

About the cover:

Table of ContentsInsight

President’s Message ......................................................................................................1

Executive Director’s Message ..........................................................................................2

Letters to the Editor ........................................................................................................3

The Legislative Rundown ................................................................................................5

Federal NewsAsk the Administrator ......................................................................................................7

Train Smarter, Not Harder: How to Determine Your Best Training Option............................9

NTC News Briefs ............................................................................................................9

Enhancements Made to FMCSA’s Pre-Employment Screening Program ..............................9

New Guide Aims to Improve CMV Safety By Strengthening

Accuracy of FMCSA Safety Performance Records ......................................................10

Smart Roadside Initiative Charts a Path for the Future ....................................................11

TSA’s Visible Intermodal Prevention and Response Teams Safeguard Traveling Public ........12

CVSA NewsEnforcement Members, Industry Discuss HazMat Concerns at COHMED in Tampa ............13

CVSA Secretary, ME State Trooper Lt. Kelly Participates in

Capitol Hill Briefing on Need for Change to Truck Weight ........................................15

CVSA Emphasizes Proposed HOS Regulation Changes Must Be Simple, Enforceable ........16

CSA and Roadside Inspection - Webinar Training Available:

Delivering the BASICs to the Roadside Inspectors......................................................17

Operation Air Brake Kicks Off with Event at TMC Annual Meeting,

Provides Forum for Dialogue on Technical Issues ......................................................18

“Defeating Distracted Driving” Coming Soon! ................................................................19

International Safety Team is a Commitment From

Many Groups to One Common Goal: Safety ..............................................................20

Promoting CMV Safety and Security Starts With Education and Outreach ........................21

Cover Story/FeatureEnhancing Roadside Inspections, Enforcement Data Uniformity

Anticipated to Reduce DataQs ................................................................................22

New FMCSA “Smart Phone App” May Soon Play a Key Role as Roadside Screening Tool ......24

Driver-Traffic Enforcement Committee Takes on Full Agenda at

CVSA Workshop in Chicago......................................................................................25

Inspector’s Corner ..................................................................................................26

Committee NewsTruck Size and Weight Issues Come to a Crossroad as

Congress, Public Debate Continues ..........................................................................28

Regional NewsTeens and Trucks Share the Road in Tennessee................................................................29

Colorado State Patrol Awards Grant Money to Local Agencies to Improve CMV Safety ........30

Region II Hosts WIPP TRUPACT-III, Conducts Level VI Refresher Training ..........................31

Nunavut Seeks to Educate, Enforce, Legislate to Improve

Commercial Motor Vehicle Safety..............................................................................32

Locals Lobby for New Members with Incentive Program ..................................................32

Regional Rap ............................................................................................................34

Industry Spotlight International Road Dynamics (IRD) Inc.: Provider of ITS Solutions to Improve Safety ..........35

UPS’S Circle of Honor Program a Reflection of a Century of Commitment to CMV Safety........36

NATM Votes to Make Compliance Verification a Requirement of Membership ..................37

AAMVA, IRP Recognize Significant Highway Safety Initiatives with

2011 Highway Safety Award for Commercial Motor Vehicles ......................................37

CMV Operators Have More than Employment-Related Drug Screens to Consider

When it Comes to Medical Marijuana........................................................................38

Upcoming IRP Webinar on International Non-Apportioned

Commercial Vehicle Agreement ................................................................................39

RAD Inspection News ............................................................................................41

GuardianPublished by:Commercial Vehicle Safety Alliance

6303 Ivy Lane, Suite 310Greenbelt, MD 20770-6319

Phone: (301) 830-6143Fax: (301) 830-6144www.cvsa.org

Dedicated to government and industry workingtogether to promote commercial vehicle safetyon North American highways.

HEADQUARTERS STAFF

Stephen A. KepplerExecutive Director

Collin B. Mooney, CAEDeputy Executive Director

Larry D. SternDirector, Level VI Inspection Program

Richard D. HendersonDirector, Government Affairs

William P. SchaeferDirector, Vehicle Programs

Randy J. WestDirector, Driver Programs

Laura M. ZabriskieDirector, Communications and Marketing

Iris R. LeonardManager, Program Services

J. Craig DefibaughController

Wanica L. ForemanAdministrative Assistant

For comments, suggestions or information,please email us at [email protected].

Guardian is a publication of the Commercial VehicleSafety Alliance and the Federal Motor Carrier SafetyAdministration.

CVSA brings together thebest of the best in lawenforcement, government andindustry at the upcoming 6thAnnual FMCSA MCSAPLeadership Conference,North American CargoSecurement HarmonizationPublic Forum and 2011 CVSA WorkshopApril 11-14, 2011.

Second Quarter 2011 www.cvsa.org

Guardian

I recently received a phone call regard-ing CVSA’s position on a rulemaking.The intent of the caller (who repre-sented another safety organization)was to influence CVSA’s position.When it was apparent our opinionsdiffered, the tone of the call quicklychanged. Specifically, I was told thatmany in the safety community areforming the opinion that CVSA is tooclose to industry and appears to bemore concerned about industry’s needsrather than safety. This is quite a boldaccusation, aimed at the core of ourorganization. It is also a dangerousassumption that industry is not invest-ed in safety. As absurd as I knew theaccusation was, it caused me to reflecton the partnerships that make upCVSA.

Industry PartnershipsAs we have been reminded this pastyear by the Alliance’s founders, CVSAwas created to benefit both enforcementand industry. The structure of CVSArepresents enforcement (members) andlistens to industry (associate members).Is this compromising safety? No, I say itis leadership. Our partnerships havebecome a way of business within CVSAbecause we can accomplish moretogether than we can working againsteach other. These partnerships alsoallow enforcement to better understandthe economic impacts facing industryand to work together to streamlineinspection practices, procedures andsafety initiatives. Additionally, indus-try’s involvement in CVSA programssuch as Operation Safe Driver,COHMED and the InternationalSafety Team creates opportunities thatotherwise would not exist.

Federal PartnershipsCVSA and FMCSA’s National TrainingCenter (NTC) have struggled to findcooperative roles in the delivery oftraining to our mutual stakeholders.Knowing that the road to uniformitystarts with training, CVSA and NTChave committed to addressing this issuewith a renewed focus.

With this in mind, CVSA and NTCmet in March and agreed upon a funda-

mental shift in how we do business.Specifically, we made a mutual commit-ment as safety partners to develop andcommunicate training issues together.New roles were defined for both organi-zations, deliverables were determinedand a joint communications plan wasinitiated. In the coming months, you willsee the results of this vision and I amexcited at the opportunity to embraceenforcement training as partners withNTC. However, the success of this part-nership has a huge hurdle to overcome,pessimism. I understand it is always eas-ier to talk about how it will not work orhow it has failed in the past. But, a newtraining vision has been created. So, Ichallenge each of you to communicationin a manner that is professional, con-structive and solution-driven as we createthe path for this vision to become ournew reality.

Cross Border PartnershipsCross border partnerships have a longhistory within CVSA and bring aunique perspective to the organization.Our Canadian partners bring a thought-ful and methodical approach to inspec-tions and safety that is often underap-preciated by the states. Regulatoryinconsistencies and political realitieshave created unique challenges toaddress; however, our partnership hasmade those challenges into opportuni-ties, with no finer example than the on-going work of the North AmericanCargo Securement HarmonizationPublic Forum.

The days ahead will no doubt bringadditional challenges as the United Statesand Mexico move forward with a crossborder trucking initiative. Mexico facesnumerous (continued on page 6)

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I N S I G H T

PRESIDENT’S MESSAGE

Partnerships — Too Close for Comfort?By Capt. Steve Dowling, CVSA President

The structure of CVSA

represents enforcement

(members) and listens

to industry (associate

members). Is this

compromising safety?

No, I say it is leadership.

Capt. Steve Dowling

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2011 is shaping up to a very busy year forthe triad of countries that make up CVSA.CCMTA’s Compliance and RegulatoryAffairs Committee is hard at work onHuman Factors issues, Electronic On-Board Recorders (EOBRs), DataExchange and Safety Rating Reciprocityissues with the U.S., and they are set tolaunch their Road Safety Strategy for2015 at their Annual Meeting in May.Mexico is updating their commercial driv-er licensing system, as well as a series oftheir regulations and is working with theU.S. to develop the Cross-BorderTrucking Program. Similarly, the U.S. ispushing out a series of significant rule-makings, rolling out the CSA Program,and not to mention working hard to enacta Transportation Authorization Bill. OurAlliance and its members are squarely inthe middle of all of these activities and it isa testament to the tremendous knowledgeand talent our members bring to bear oncritical issues affecting motor carrier, driv-er and vehicle safety.

In working with the CVSA staff andcommittee chairs in preparation for theupcoming Workshop in Chicago it isvery evident a lot of important work is instore. Many critical issues hang in thebalance for the future, and your activeparticipation is needed to help inform thedebate, enable progress and save lives.

In Anaheim this past Fall, PresidentDowling and I discussed where we havecome from, where we are and where weare going. In the few short months sincethis get together, we are making steadyprogress on all four pillars of ourStrategic Plan: Safety and Security,Training and Certification, Outreach,and Organizational Development. Onesuch item was our recent meeting withFMCSA’s National Training Center

(NTC) and CVSA’s International Officers,Training Committee Leadership and staff.As a result of this meeting, a number ofchanges will be occurring over the next sev-eral months with training programs. Somewill be more visible, some not so much;however, there is a clear commitmentbetween NTC and CVSA for a more col-laborative and engaged dialogue to ensurethat inspectors and instructors have all thetools necessary to deliver first-class trainingand are prepared to do their jobs betterthan ever. In preparation for this meetingwe received a tremendous amount of inputfrom the membership to help inform thedialogue, which resulted in very productivediscussions with a series of outcomes anddeliverables. I want to personally thankthose of you who took the time to provideinput. You will hear more on this in thecoming months.

Another recent example of ourprogress is the effort the Driver/TrafficEnforcement Committee is managingrelating to EOBRs. In December, we senta survey out to the membership regardingthis issue and in particular, issues sur-rounding technology and implementationissues. Again, we received a tremendous

response with 64 percent of membersresponding. The information gleanedfrom this is being shared with FMCSA,Canada and EOBR suppliers in order tohelp ensure that, as we move forward onthis issue throughout the continent,enforcement’s needs and issues are under-stood. We also are using this informationin our efforts on Capitol Hill to help edu-cate congressional leaders as they contem-plate laws. Another “minor” issue thecommittee has worked on recently iscompiling CVSA’s comments to thehours-of-service U.S. rulemaking.

These are just a few of a number ofissues that we have been working onactively in recent months. Clearly, yourAlliance is working year-round to helppromote our mission and effecting posi-tive change for advancing safety. As youcan see from the examples cited above,your input to what is going on is beingheard and more importantly, acted upon.

One last but very important item Iwanted to report on - the results ofCVSA’s 2011 Annual SponsorshipProgram. This year we have more spon-sors than in 2010 and have increased ourrevenue 50 percent over last year, as wellas more than doubled the revenue gener-ated from 2009. I would appreciate all ofyou taking the time to thank all of oursponsors when you see them, withouttheir support we could not do what we do.Their generosity has a direct impact onour Mission and helps CVSA in manyways. It played no small part in our abili-ty to recently hire on two additional tech-nical staff members, Randy West andWill Schaefer - whom you will get tomeet (if you have not already) in Chicago.

Thanks again to all of you for yourcontinued support and active engage-ment in the Alliance!

EXECUTIVE DIRECTOR’S MESSAGE

Active Participation Between Countries Puts CVSA Front and Center on CriticalIssues Affecting Motor Carrier SafetyBy Stephen A. Keppler, CVSA, Executive Director

Stephen A. Keppler

That’s right. I seem to have heard thatacronym tossed around many times inthe past when my son could not find hisPSP game! Now, as most of you know,the DOT delivered to us this past year anew PSP meaning, Pre-EmploymentScreening Program. I’m sure some ofyou may be asking: “What in the worldare we going to do with this thing? Do Ireally need it? How are we going to useit?” Although some carriers jumpedright into the due diligence arena, othershave yet to commit to the new program.

Of course, for those who may not haveseen one, the DOT’s PSP is a report thatprovides the motor carrier with a look intothe prospective driver’s past record ofroadside inspections and DOT reportablecrashes. This would include only thoseinspections and DOT crashes that madeit from the state level to the DOT’s data-base. The DOT crash information on thereport is the same standard informationthat you are required to report to carriersinquiring about past drivers, whichincludes the carrier name and DOT num-ber. The inspection information will giveyou the carrier information, driver infor-mation, plus whether it was a vehicle,HazMat or driver violation, to include theFMCSR section, short description, OOS,date, report state, report number, hazmat,level, number of violations, and a summa-ry of all violations. The report requires arelease from the driver and will most like-ly cost you a signup fee and then a perreport charge, according to which vendoryou may choose to order from.

The information provided in the PSPreport mirrors the information collectedby FMCSA for CSA regarding drivers;however, one of the things the report doesnot do is provide you with is the CSApoints. Some vendors are now offering, or

in the process of offering, a report thatwill do that. In the meantime, what wouldbe your options? I’m sure a lot of carriersare already using some method to deci-pher and use this info through a form ofqualifying drivers. One method would beto use requirements or policies you mayalready have in place, as well as using theCSA seven BASICs to help categorizethe violations and crashes listed on thePSP. Let’s take a look at the CSA cate-gories and related PSP violations:

Crash Indicator: Most companiesalready have eligibility requirements inplace concerning DOT accidents. Sincethe PSP does not provide preventability,then one option would be to require thedriver to produce a police report, whichyou will be able to apply your own pre-ventability standards, or rely on the veri-fication from the previous employer.

Drugs & Alcohol: Many companiesalready have a zero tolerance policy inplace. On the other hand, if you don’t havea zero tolerance policy, then you will needto ensure the driver is actually qualified toreturn to duty, etc, if you choose to proceed.

Driver Fitness: Most violations thatoccur within this BASIC area wouldmost likely be due to the driver failing tocomply with DOT licensing and physi-cal laws or requirements. You may haveto determine whether the driver was notqualified, or did the driver really mis-place his valid medical card? Or possibly,the driver wasn’t wearing eye glasses asrequired by his/her CDL or physical

card. Certainly an area the driver wouldneed to explain in detail. What will yourcompany be willing to tolerate?

Unsafe Driving: The drivers who receivedviolations which would fall into thisBASIC area were most likely observed byan enforcement officer, violating trafficlaws. Most motor carriers currently havestandards in place that address serious vio-lations as well as all other violations. Keepin mind that the PSP does not provide youinformation as to whether the driver wasgiven a citation or warning for the violationand certainly not all of these will make themotor vehicle record (MVR). You willneed to consider the overall record andbehavior of the driver in this area.

Fatigued Driving; Vehicle Maintenance;& Cargo Related: For PSP violations thatCSA would place into these three cate-gories, then you must determine the toler-ance for each individual area. Some carri-ers may have a higher tolerance level forthese violations than others. You can lookat the past 36 months for each area andset limits, or maybe just the past 12months will carry the most weight. Didthe carrier play a part in any of these vio-lations, such as operating higher riskequipment? Regardless of what you arewilling to accept, if the driver had any vio-lations at all and you plan to hire the driv-er, it would certainly be to your advantageto retrain the driver up front, in each cat-egory where violations occurred, and placethat documentation in his/her file.

(continued on page 4)

Guardian

LETTERS TO THE EDITOR

PSP - No Longer Just a Portable Video Game Acronym

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I N S I G H T

CVSA’s Guardian welcomes your letters and comments. To submit a letter, send anemail to [email protected] or write to CVSA, c/o Guardian, 6303 Ivy Lane,Suite 310, Greenbelt, MD 20770-6319.

Using the CSA violation weightcharts will be very helpful in determiningthe BASIC area and points associatedwith the violations from the PSP report.And it may be easy to disqualify driverswith points or numbers of violations, butit will still come down to taking a look atthe overall record of the driver, then mak-ing a decision on the driver’s behaviorand the tolerance level your company hasfor the violations discovered. If youhaven’t set guidelines, then consider tak-ing the time to put some in place. Havinga good internal pre-qualification systemwill help cut down on PSP expense. Ifyou need help, check with your insurancecarrier or network with other safety pro-fessionals or associations in the industry.

The PSP question remains for somecarriers, “Do I really need to use it? CanI afford not to use it?” It is currently notrequired, but in reviewing the PSPreports that we received, we would nothave known about some of these badrecords with multiple violations had wenot subscribed to the report.

Since I’m not a huge fan of depositionsand litigation in general, I would like toensure that I don’t have to explain why I’mnot using it, should I have that experiencein the future. How about you? How willyou answer if asked by plaintiff ’s counselwhy your company does not utilize PSPreports? The PSP has been developed toassist you in making hiring decisions. Thisdriver information is available to youNOW. I’m sure there are a lot of addi-tional ideas out there, as well as informa-tion, concerning PSP and how to use it.You can find information and some FAQsfor PSP at www.psp.fmcsa.dot.gov.

I will leave you with this quote Iobserved from law firm Smith MooreLeatherwood’s Transportation Newsletter*recently, “…Carriers do not have to usePSP when making hiring decisions; PSP isto be a resource for the motor carrier andwill likely be a resource for the next attor-ney who sues your company.”

Phil Daugherty, CDS, Cardinal LogisticsManagement Corporation


Is Roadcheck a Roadblock for Industry?

Motor Transport Association of Connecticut is a strong supporter of CVSA’smany programs. From the beginning of its existence, CVSA has made a real dif-ference in the safety of the commercial vehicles that operate. We encourage thecontinued development of ways to improve the safety of our vehicles and the qual-ity of our drivers.

I would like to take this opportunity to raise some issues related to CVSA’ssponsored annual Roadcheck program. I believe that the publicity related toRoadcheck has a spin that is negative to the trucking industry. Delays occurbecause of multiple inspections of individual vehicles in one day. And, we needmore positive ways of quantifying the success of all of the efforts throughout thecountry to improve truck safety.

First, the reports from Roadcheck unfairly paint the trucking industry in abad light. At the end of the inspection period, the press release always says thatRoadcheck was a success and that something like 30 percent of the “vehiclesinspected” were put out of service. We know that the universe of “vehiclesinspected” is a pre-selected subset of all of the vehicles which pass through agiven inspection station. Inspectors look at trucks that look like they should belooked at. They wave through the trucks from companies that they know to havea good safety record or because the truck looks like it is in good shape. This isas it should be. We want inspectors to spend their time looking at vehicles,which might have defects, not the ones that are most likely to be in good condi-tion. However, nobody counts all of the trucks which are waved through. Thevehicles used to develop the report are those presupposed to be defective in someway. Two or three of ten may be put out of service. The press release leaves theimpression that 20 to 30 percent of the “trucks operating on the roadway” are insuch bad condition that they have to be sidelined. It would be more fair andaccurate to report the total number of vehicles looked at, along with those put outof service. This would produce a more accurate and fair indication of the condi-tion of trucks on the road.

Secondly, in New England, on the days of the Roadcheck, a truck can beinspected several times in one day, as it travels from one state to another. This isa nonproductive exercise for both enforcement and truckers. Drivers ought to begiven some sort of document, sticker, electronic marker or other way of informingdownstream inspectors that a given truck has already been looked at. The truckshould then be waved through without delay

Thirdly, one should not evaluate the success of a safety program by concentrat-ing on how many vehicles were put out of service, and often what the finesimposed for that universe might be. A safety program should not be justifiedbased upon the numbers of citations or fines. Using that criterion, if every singletruck that went through an inspection were in perfect shape, the program wouldbe deemed ineffective because no tickets were written and no fines were collect-ed. We should report the number of “out-of-service” citations but we need to alsoreport the larger number of vehicles looked at. It is all about impressions and per-spective and the current way of reporting the results of Roadcheck creates anunfair negative impression of the trucking industry.

Michael J. Riley, President, Motor Transport Association of Connecticut

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GuardianI N S I G H T

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The Legislative RundownBy Richard D. Henderson, CVSA, Director, Government Affairs

Funding for the Rest of Fiscal Year2011 Still UndecidedAs of this writing, Congress has still notpassed a bill that would fund the federalgovernment through September 30, theend of the 2011 Fiscal Year.

Federal agencies including theDepartment of Transportation andFMCSA are funded through April 8,2011 by a Continuing Resolution (CR)passed by Congress on March 17. Thusfar, FMCSA and state safety grant pro-grams, including MCSAP, are beingfunded at 2010 levels which are the max-imum authorized limits underSAFETEA-LU. The CR does containsignificant funding cuts for other parts ofthe federal government. Whether themuch publicized threat of a governmentshutdown actually comes to pass remainsto be seen. There now seems to be a gen-erally accepted view on the part ofCongress and the Administration that aseries of temporary funding bills impedethe ability of government to function asit should and that the recently passed CRthrough April 8 is the last such tempo-rary CR to be considered. Thus, April 8does loom as a very important date.

SAFETEA-LU Extended ThroughSeptember 30, 2011In early March, Congress did pass legisla-tion extending SAFETEA-LU throughSeptember 30, 2011. By virtue of thisaction, transportation programs funded bythe Highway Trust Fund that includedFMCSA Operations and MCSAP andother state safety grant programs shouldbe largely unaffected under a potentialgovernment shutdown on April 8.

This action also means that unlessCongress can pass a long-term surfacetransportation reauthorization bill by

September 30, chances are that it will be2013 before Congress takes up the mat-ter again. Historically, legislation of thiskind is difficult to pass in a Presidentialelection year. Should this scenario occur,it is quite possible that Congress maywell pass some version of a highway andmotor carrier safety bill. There are toomany pressing issues such as bus safety,resources for CSA implementation,and implementation of a mandatoryElectronic On-Board Recorder (EOBR)program for Congress to wait until 2013to exercise their oversight on these issues.While it is rare for Congress to separatemotor carrier safety legislation from amajor surface transportation reautho-rization bill, there is a precedent. In1999, Congress passed the MotorCarrier Safety Improvement Act thatcreated FMCSA and nearly doubled thefunding for MCSAP.

Congressional AuthorizingCommittees Say They Will Act onReauthorization by September 30,2011Rep. John Mica (R-FLA), Chairman of theHouse Transportation and Infrastructure(T&I) Committee; Senator Barbara Boxer(D-CA), Chairman of the SenateCommittee on Environment.

And Public Works; along withSenator Rockefeller (D-WV), Chairmanof the Senate Commerce Committee,have all pledged that they will completework on a reauthorization bill in theirCommittees to bring it to the floor ofboth House and Senate Chambers for avote by September 30 of this year.

The challenge that all of theseCommittees has is to plug in fundingnumbers from 2011 through 2017 for allof the various programs. The House T

& I Committee says it will be able to dothat without enacting any new revenueraising measures such as increasing thefederal fuel tax and instead focusing onstreamlining existing programs, or elimi-nating programs that do not directlybenefit national infrastructure programsincluding highway and highway safetyprograms. There are some indicationsthat the House T & I’s total amount ofreauthorized federal funding may be lessthan SAFETEA-LU levels.

At the same time, the Department ofTransportation is proposing a $556 bil-lion, six-year reauthorization proposal.Details of the plan and new fundingmeasures have not yet been released bythe Department.

Senate Commerce CommitteeCirculates a Draft Motor CarrierSafety BillThe Senate Commerce Committee hasrecently circulated a draft motor carriersafety bill, the “Commercial Vehicle SafetyAct of 2011.” It has done so with theintent of soliciting as much input as pos-sible from the various stakeholder groupsincluding industry, enforcement, andpresumably, FMCSA.

It is anticipated that the Committeewill hold a hearing on the draft bill at theend of March or early April and CVSAis expected to be among the witnessestestifying.

Since this is only a draft bill, there isno guarantee at this point that all of theprovisions will be retained in a final com-mittee mark-up. Nevertheless, it is a goodfaith effort of the part of the Committeeto address the concerns of all interestedgroups, involve them in the process, andto ultimately produce a bill that will sig-nificantly improve motor carrier safety.

Richard Henderson

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6


CVSA has had discussions with theCommittee about the bill, particularly onthe issues of more flexibility in the grantprograms, MOE, the implementation ofa provision mandating the use ofEOBR’s, and the use of new safety tech-nologies.

The draft bill has not addressed, infull, the issues of bus safety, safetyexemptions, and size and weight issues.Hopefully, there will be an opportunityfor CVSA to address these issues in tes-timony at the upcoming hearing.

As might be expected, the issue of bussafety has again become a top priority ofthe Committee in the wake of a seriousbus crash in the Bronx Borough of NewYork City in early March. It is possiblethat this issue will consume much of thediscussion at the hearing. This crash againraises the issues of crashworthiness ofbuses, the use of seat belts, as well as driv-er fatigue and roadside bus inspections.

CVSA did discuss the current provi-sion in SAFETEA-LU that prohibitsroadside inspections except in the case ofan imminent or obvious safety hazard andpointed out that this restriction remainsan obstacle to comprehensive bus safetyenforcement and submitted language toCommittee to address this issue.

Should a full scale reauthorization billnot be passed by Congress later this year,this draft Commerce bill may well be thebasis for separate safety legislation thatcould possibly be enacted this year.

DOT Releases 2012 BudgetProposal and Broad Outline ofReauthorizationIn February, DOT released its FY 2010budget request to Congress. A $20 mil-lion increase was proposed

For MCSAP and state safety grantprograms from $310 million to $330million. A $36 million increase wasproposed for FMCSA operations andprograms.

On reauthorization, FMCSA hasproposed rolling existing grants underthree new umbrella grant programs:Compliance, Safety and Accountability(CSA); Driver Focused Grants; Data andIT Grants.

Under the CSA umbrella would beMCSAP, New Entrant, High Priority,Border Enforcement, and a Training andAdministration Takedown.

Under Driver Focused Grants wouldbe CDL, Driver Training, and a Trainingand Administration takedown.

Under Data and IT Grants would bePRISM, CVISN, and a Training andAdministration takedown.

Flexibility under the various programsalong with funding details will presum-ably be forthcoming. However, we didlearn that the New Entrant Programwould continue to be funded at 100 per-cent, that Border programs are proposedto be reduced to an 80/20 match, and thatthe matching ratio for CVISN would beincreased from 50/50 to 80/20.

Size and Weight Issues May BeSeriously Considered inReauthorization LegislationThere are reports from the HouseTransportation and Infrastructure Com-mittee that there could be a truck pro-ductivity title in their Reauthorizationbill. They have asked for language onthis issue as well as other issues byMarch 30, after which date they willbegin drafting their version of a reau-thorization bill.

CVSA is engaging in comprehensivediscussions of all aspects of the size andweight issue with various interested par-ties to stress that we need more safetydata and analysis with respect to the useof heavier trucks before any of the cur-rent standards are changed. There doesnot appear to be an easy path toward aresolution of the safety issues. However,it seems that for the first time, all of thegroups recommending changes in cur-rent policy to enhance truck productivityrecognize the importance of safety, safe-ty monitoring, and safety data collection.

PRESIDENT’S MESSAGE(continued from page 1)

obstacles to implementing a uniformednational inspection program. CVSAmust continue to embrace and supportMexico in their safety endeavors andassist the states as they prepare for theanticipated expanded authority forMexican based motor carriers.

Too close for Comfort? Absolutely!Let no one be confused, partnerships do

not always equal agreement and eachpartnership has unique benefits andchallenges. But partnerships makeCVSA unique and better equip us toaccomplish the mission of advancinghighway safety. To all those who haveinvested in safety through CVSA,“Thank You.” We hold our partners inhigh esteem. For anyone reading thisthat may not be involved with CVSA, I

invite you to join us, share your opinionsand be part of the solution. That is theresponse I gave the caller mentioned atthe beginning of this article, but unfor-tunately, they declined my invitationand hung up the phone.

GuardianF E D E R A L N E W S

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Federal Motor Carrier Safety Administra-tor Anne S. Ferro answers your questions.In this issue, the Administrator gives arun-down of FMCSA’s regulatory agendafor 2011, explains how FMCSA plans forfuture rulemaking and provides a previewof spring and summer safety strike forcesfor household goods operators.

Question: What are FMCSA rule-making priorities for 2011?

Answer: Last year, FMCSA had its mostproductive period ever for rulemakings andissued several high-profile rulemakings.These include proposed revisions to theregulations for hours-of-service (HOS) fortruck drivers. This proposal would revisethe current HOS rule by requiring truckdrivers to complete all driving within a 14-hour workday and to complete all on-duty,work-related activities within 13 hours.Also, no more than 13 hours of the 14-hour window may be used for on-dutytime; drivers must take a break of at least30 minutes anytime before the eighth hourof on-duty time before continuing a trip. Italso leaves open for comment whetherdrivers should be limited to 10 or 11 hoursof daily driving time. We accepted publiccomments until March 4. At last count, wereceived almost 25,000 comments.

Another proposed rulemaking pub-lished in late 2010 would ban handheldcell phone use for commercial truck andbus drivers. This proposed rule would goa long way toward keeping a driver’s fullattention focused on the road. If itbecomes final, banning hand-heldphones will target a leading cause of dis-tracted driving and help make our roadssafer. FMCSA provided 60 days for thenormal public comment period for thisrulemaking, and 30 days for a “reply”comment period during which the publiccould provide comments about the infor-mation and data that were submitted tothe docket. March 21 was the last day formaking comments during the reply com-ment period. As of early March, wereceived nearly 400 comments.

Earlier this year, the Agency publisheda proposed rule to require the use of elec-tronic on-board recorders (EOBRs) bymotor carriers to document their drivers’hours of service. This proposal goesbeyond the rule we published in April2010 that established technical specifica-tions for EOBRs and mandated thedevices for motor carriers with patterns ofserious HOS violations. The new EOBRproposal is a broader mandate than theprevious rulemaking. It also clarifies thesupporting documents a carrier can use to

document record of duty status and spec-ifies the type and number of supportingdocuments carriers are required to main-tain. FMCSA will accept public com-ments until May 23, 2011.

We are continuing work on rulemak-ing actions that address commercial dri-ver’s license standards, entry-level drivertraining requirements, and standardizedtraining and testing for all medical pro-fessionals who conduct physical exami-nations for interstate commercial motorvehicle drivers.

Finally, later this year we plan to pub-lish a proposal to change the way we ratecarriers for safety fitness. Known as theSafety Fitness Determination proposedrulemaking, this is the third phase of ourroll out for CSA - our Compliance,Safety and Accountability initiative.This rulemaking would utilize the per-formance data reflected in the CarrierSafety Measurement System (CSMS)you are using today in place of SafeStatto establish safety fitness ratings ofmotor carriers, instead of being reliantupon the traditional on-site compliancereview to derive a carriers safety rating.

As you can see, our near-term andlong-term regulatory agenda focuses oninitiatives that will raise the bar to enterthe motor carrier industry; maintain highsafety standards for carriers to remain inthe industry and remove high risk behav-iors and operators from operating, i.e. getthe bad operators off the road.

FMCSA is also reviewing its existingrules to determine if they are outmoded,ineffective, insufficient or excessively bur-densome. Our review is in response toPresident Obama’s January 18 ExecutiveOrder entitled “Improving Regulationand Regulatory Review.” FMCSA isworking closely with other agencies in

Ask the FMCSA Administrator

To give greater transparency to our regulatory agenda,

we are developing a five-year rulemaking plan... [that] will

open up the process and give us another channel for feedback

from all of our stakeholders, including CVSA members.

8


the Department of Transportation onthis initiative and will provide furtherinformation for public comments on ourexisting rules in the near future.

Question: How does FMCSA planits regulatory agenda for the longterm?

Answer: To give greater transparencyto our regulatory agenda, we are devel-oping a five-year rulemaking plan. Thisplan will open up the process and giveus another channel for feedback from allof our stakeholders, including CVSAmembers, on changes that may affectthem. The plan will also tie our rule-makings into our long-term strategicplan developed for our agency and theDepartment.

We expect to publish a draft plan andmake it open for public comment in thenear future with a target to finalize the planlater this year. FMCSA plans a session toreceive public input during the MotorCarrier Safety Advisory Committee meet-ing at the Mid-America Truck Show inLouisville, Kentucky on March 31 andApril 1.

We will hold additional listening ses-sions to gain your input so that togetherwe can shape the direction of the regula-tory agenda for motor carrier safety. Theplan will serve as a living document - wewill update it when necessary, particularlyto include any new rulemakings requiredthrough the forthcoming surface trans-portation reauthorization legislation.

Question: What safety strike forcesare planned so far in 2011?

Answer: So far, this year FMCSA andour state and local partners have planned

two strike forces on household goods car-riers around the country prior to theheight of moving season in the spring andin the prime moving months of summer.

The locations selected are based onthe volume of consumer complaints.The strike forces will target noncompli-ant household goods carriers identifiedin our top 100 Household Goods CarrierList. These carriers are considered the“worst of the worst.”

During previous household goodsstrike forces, we have typically foundcompanies which operate without author-ity, engage in deceptive pricing practices,hold consumers’ property hostage, collectcharges that are not in their tariff and failto have a consumer arbitration process.

During the most recent householdgoods strike force in May 2010, we inves-tigated nearly 400 household goods carri-ers during a two-week period. More than90 enforcement cases resulted.

Your support in this effort is essentialto its success. You have an importantrole to play to ensure the safety of house-

hold goods carriers and that consumersare being protected.

Look for more details from FMCSAin the coming weeks and months onmore strike forces planned for passengercarriers as well.

Please check www.fmcsa.dot.gov oftenfor frequent updates on all FMCSA ini-tiatives. I look forward to seeing many ofyou in April at the FMCSA MCSAPLeadership Conference and the 2011CVSA Workshop in Rosemont, Illinois.

Safe highways are the number onepriority of the U.S. Department ofTransportation. Because of our outstand-ing partnership and your tireless dedica-tion to commercial motor vehicle safety,lives are saved and injuries preventedevery minute of the day. Let’s continue tostrengthen the safety of America’s roadsand highways. Americans deserve noless. Keep up the outstanding work!

Have a question for FMCSA AdministratorAnne Ferro? Send it to [email protected].


9

Train Smarter, Not Harder: How to Determine Your Best Training OptionBy Joe DeLorenzo, FMCSA Director, National Training Center

When seeking improved performance, ismore training always the answer?

Appropriate training is a powerful andvital cornerstone to any organizationaldevelopment plan. It is easy, therefore, tobe tempted to immediately conclude thatadditional training is the solution to anew protocol, process, or performancechallenge. One cannot lose sight, howev-er, of the fact that there are many otheroptions, tools and resources that areavailable - particularly in this time ofincreasingly tightened operating budgets.

The utilization of “mentors,” “jobaides,” or collaborative workshops canaccomplish many goals traditionallyachieved through formal classroomtraining, often at a lower cost.

So how can one tell when traditionaltraining is not the best option?

First, as difficult as it may be, acceptthe fact that classroom training issometimes not the best solution. Thiscan be especially difficult for those ofus who make our living through train-ing. Secondly, never embark on anytraining design, development or imple-mentation without first performing aneed, task and training analysis. Time

and money must be invested up frontto truly match the most effective solu-tion to needs. Lastly, personal opinionshould never replace solid analysis.This is a critical point; we mustendeavor to spend every dollar in themost cost-effective manner possible.

These rules will ensure that yourorganization achieves a more effectiveapproach to meeting general and indi-vidual career development needs.

Remember: Train smarter, not harder.

NTC News Briefs

Hazardous Materials Course RevisionA panel comprised of federal and stateHazardous Materials (HM) expertsmet for four days in December tokick-off the redesign of HM coursematerials. The panel worked on devel-oping course blueprints and a curricu-lum design guide, which were validat-ed by the HM Subject Matter Expert(SME) team and NTC stakeholders.

Presently, the materials are in thehands of instructional designers whoare working closely with the SMEteams to include revisions of the fol-lowing courses: General HazardousMaterials; Advanced HazardousMaterials Cargo Tank Inspection andOther Bulk Packaging; Cargo TankFacility Review, and; a new HMSpecialties course, which includesmodules covering HM security, trans-portation of Class I explosives, trans-portation of radioactive materials,hazardous substances and waste.

The redesigned courses are ontrack to be piloted during the summerof 2011.

Testing Program DevelopmentIn October of 2010, work began on anew Testing Program Plan coveringthe entirety of NTC’s training catalog.The new testing program has beenvalidated by stakeholders. It has nowmoved into the development stage.

Panels of SMEs will review testblueprints, including newly designedtest administration processes, proce-dures and instructions. The reviewpanels will ensure that the tests accu-rately measure the intended knowl-edge, skills and abilities.

The Testing Program Plan is impor-tant not only for CALEA certification,it supports performance management,evaluation and measures for quality andconsistency of NTC course offerings.

Enhancements Made to FMCSA’s Pre-Employment Screening Program

FMCSA announced in March that it has enhanced its Pre-EmploymentScreening Program (PSP) by adding data for co-driver safety andpost-crash violations to the roadside inspection and crash recordspreviously available. The PSP report also now shows the date drivers’safety records are updated. PSP allows commercial truck and buscompanies to electronically obtain drivers’ safety records as part ofthe hiring process. To access PSP, go to www.psp.fmcsa.dot.gov.


10

The first edition of FMCSA’s “DataQsUser Guide and Manual: Best Practicesfor State Agency Users; a practicalguide for Federal and State data quali-ty practitioners” is now available fordownload at the DataQs login page athttps://dataqs.fmcsa.dot.gov/ login.asp.

The DataQs Users Guide and BestPractices Manual is designed to helpimprove commercial motor vehicle safetythrough further strengthening the accura-cy of FMCSA safety performance records.It does this by emphasizing uniformityand consistency in initial reporting andsubsequent follow-up actions by Federaland State DataQs analysts responding to“Requests for Data Reviews” (RDRs).

The DataQs Users Guide and BestPractices Manual was developed throughthe collaborative efforts of State agencyanalysts, DataQs system developers andtrainers, FMCSA field staff, FMCSAprogram office representatives, and dataquality managers.

DataQs is a convenient online systemfor commercial drivers, motor carriers,government entities and others to fileconcerns about safety performance datamaintained in FMCSA’s central databaseand made available to the public throughthe Compliance - Safety - Accountability(CSA) Web site http://csa.fmcsa.dot.gov.

Adherence by the States to theDataQs Users Guide and Best PracticesManual is an element included in theMotor Carrier Safety AssistanceProgram (MCSAP) planning memo.With the implementation of the CSAprogram-and the increase in RDRsalready being experienced by the States-is it paramount that DataQ analysts referto the DataQs Users Guide and BestPractices Manual as they review andresearch RDRs directed to them.

The graph above depicts the numberof RDRs submitted to the DataQsonline system since its implementationin 2004. DataQs activity has risen eachyear due to the increased scrutiny of thedata. The period leading up to thelaunch of CSA saw a dramatic increasein user activity.

The best way a carrier or driver couldassist in the resolution of an RDR is to:• Be explicit in providing a detailed

description of the situation being ques-tioned. In this way the DataQs analystwill understand exactly what to look for.

• Be responsive to the DataQs analystsrequesting additional supporting doc-umentation -provide it as soon as pos-sible. The RDR will remain openpending carrier or driver’s response for60 days until the request is satisfied.After 60 days, the RDR will be closedwith no action taken.

• Be sure the responsible motor carrierand USDOT number are identified

correctly during an inspection orcrash investigation. Fifty seven per-cent of all corrections to state report-ed data are in response to RDR type“Assigned to Wrong Carrier.”

• Be familiar with the FMCSA criteriafor reporting accidents and inspections.Many RDRs are filed and closed withno action taken because there is uncer-tainty with what should be reported. Ingeneral, the inspection file containsobservations from roadside inspec-tions. The inspection file does not con-tain information about adjudicatedcitations. The FMCSA accident filecontains information about large trucksand buses involved in fatal, injury, andtow-due-to-disabling-damage cases.

For questions or comments aboutthe DataQs Users Guide and BestPractices Manual or the DataQs systemin general, contact Betsy Benkowski [email protected].

New Guide Aims to Improve CMV Safety by Strengthening Accuracy of FMCSA SafetyPerformance RecordsBy Betsy Benkowski, FMCSA, Analysis Division

Number of DataQs RDRs by Year and by Month (2004–2011)


11

In 2008, FMCSA, the Federal HighwayAdministration (FHWA) and theFlorida Department of Transportation(FDOT) brought together representa-tives from industry, government andsafety for a workshop addressing “smart”roadside technologies. The attendees ofthe workshop agreed that commercialvehicle safety, security and mobility sys-tems should be linked into a coordinatedand comprehensive roadside program.They identified goals and objectives,along with individual projects, thatshould comprise the program.

Soon thereafter, the Smart RoadsideInitiative (SRI) was formally inaugurat-ed. The vision for a “smart” roadsideencompasses commercial vehicles, motorcarriers, enforcement resources, highwayfacilities, intermodal facilities, toll facili-ties, and other nodes on the transporta-tion system collecting data for their ownpurposes and seamlessly sharing infor-mation with the relevant parties toimprove safety, security, operational effi-ciency, and freight mobility. This visionwill be achieved through the applicationof interoperable technologies and infor-mation sharing between in-vehicle, on-the-road, and freight facility systems.Whenever possible, the Smart Roadsidewill leverage stakeholders’ current tech-nology investments in order to augmentexisting programs and support newactivities.

The goals for SRI include:• Enhance roadside enforcement oper-

ations through improved screeningand automation of inspection/com-pliance checks;

• Provide enhanced road condition andtraffic information to support com-mercial vehicle route planning and tosupport improved access to inter-

modal ports, urban pick-up, anddelivery locations;

• Identify key components (e.g., motorcarrier, commercial vehicle, commer-cial driver, cargo) and communicatewith commercial vehicles in real-time at highway speeds; and,

• Ensure that the necessary standards,protocols and architecture are devel-oped to support both interoperableoperations across the country andappropriate data privacy require-ments.

Today, in 2011, SRI has evolved into amulti-modal initiative that now includes aspartners the National Highway TrafficSafety Administration (NHTSA), theFederal Transit Administration (FTA) andthe Research and Innovative TechnologyAdministration (RITA). The SRI plan isundergoing refinement in consideration ofnew technologies and intelligent trans-portation systems that have come onto thescene since the 2008 workshop. To thatend, in November 2010, a review waslaunched to:• Investigate and identify successful

deployments of truck related road-

side technologies (for example,Commercial Vehicle InformationSystems and Networks (CVISN))that are currently in use to under-stand their potential of contributingto SRI goals and objectives and thepossibility of their inclusion in theSRI framework;

• Review Smart Roadside research that iscomplete or underway to validate thecandidate applications for SRI, identifypossible enhancements to these appli-cations, and understand how they maybe brought together under a commonoperating framework;

• Conduct analysis to determine theapplications that will be initiallyaddressed for deployment;

• Assess stakeholder needs, goals,expectations, operational environ-ment, processes, and characteristicsof an SRI prototype; and,

• Apply systems engineering principlesto develop and validate prototypes ofthese applications.

The current commercial vehicle envi-ronment consists of numerous federal,state, regional and private-sector pro-grams that use a combination of manual,semi-automatic, and advanced technolo-gies. The overall effectiveness and effi-ciencies of these efforts can be greatlyimproved by SRI once fully implement-ed. It is critical that new ideas and newtechnologies are brought to the discus-sion table to achieve the long-standingvision of achieving gains in safety, mobil-ity and security.

For questions or comments about t h e S m a r t R o a d s i d e I n i t i a t i v e ,contact Chris Flanigan of FMCSA [email protected] or Tom Kearneyof FHWA at [email protected].

Smart Roadside Initiative Charts a Path for the FutureBy Chris Flanigan, FMCSA, Technology Division

…the Smart Roadside

will leverage stakeholders’

current technology investments

in order to augment

existing programs and

support new activities.

TSA’s Visible Intermodal Prevention and Response(VIPR) Teams Safeguard Traveling Public By Kenneth Ward, TSA, Transportation Security Specialist, Highway and Motor Carrier Division

12


TSA’s Visible Intermodal Preventionand Response (VIPR) teams provideenhanced law enforcement and securitypresence to safeguard the traveling pub-lic in all modes of transportation. VIPRteams are deployed in coordination withlocal law enforcement and security per-sonnel to detect, deter, and defeat crimi-nal or terrorist activities.

VIPR teams can be configured tooffer a wide range of law enforcementand security capabilities, includingbehavior observation, security screening,explosive detection and traditional lawenforcement skills. Team compositionvaries based on the local security needsbut can include, federal air marshals,explosive detection canine teams, behav-ior detection officers, transportationsecurity officers, transportation securityinspectors, and bomb appraisal officersdeployed in coordination with local lawenforcement and security personnel.The diverse range of capabilities broughtto bear by these professionals enableVIPR teams to provide a visible deter-rent force either proactively or inresponse to elevated security alerts.

VIPR teams are deployed in allmodes of transportation, including com-mercial and general aviation, highwaytransportation and critical infrastructure,freight rail, maritime, mass transit, pas-senger rail, and pipeline.

VIPR Activities involving Highway

and Critical Infrastructure

Through a coordinated planning processbetween local law enforcement officialsand TSA, VIPR teams augment existinglaw enforcement or security resources,provide detection capabilities and act asvisible deterrents to protect critical infra-structure and highway transportation.

TSA VIPR teams can perform a vari-ety of law enforcement and security func-tions in surface transportation and criticalinfrastructure protection, including:• Roads, Bridges and Tunnels - VIPR

teams can monitor roadways forunusual traffic, inspect vehicles, andprovide a visible presence to detercriminal or terrorist activity. VIPRteams are routinely deployed nation-wide to protect vital highway infra-structure such as bridges and tunnels.

• Bus Terminals and Tourist Stops - Incoordination with private bus ormotor coach companies, VIPR teamscan screen baggage and passengers,inspect buses, and detect suspiciousbehaviors or materials.

• Monitor Truck Stops, Weigh Stationsand Rest Areas - Trucks, especiallythose carrying valuable or hazardousmaterials, are most at risk when at astop. VIPR teams can be deployed attruck stops, weigh stations, or rest areasto deter criminal and terrorist activityor in response to a specific threat.

VIPR teams are a no-cost resource forexpanding and enhancing local security

as part of normal security operations,during periods of heightened alert, or asa random deterrent force. VIPR teamsprovide equipment, expertise and a visi-ble presence to help detect, deter, anddefeat potential incidents.

TSA’s Highway and Motor Carrier(HMC) Division utilizes the most effec-tive, risk-based methodologies to assistVIPR teams to maximize the effective-ness of VIPR deployments nationwide.HMC continues to develop criteria toassist VIPR teams in identifying loca-tions best suited to produce effectivedeterrence and detection results.

Transportation stakeholders interest-ed in having a VIPR operation scheduledat their location should contact their localTSA Federal Security Director (FSD) orlocal Federal Air Marshal Special Agent(FAMSAC). Local contact informationcan be obtained through the TSA websiteat www.TSA.gov or by calling 703-563-3345. VIPR teams can be assembled onshort notice in an emergency; however, toassist in scheduling and providing theoptimal VIPR team makeup, pleaserequest VIPR team assistance at least twoweeks in advance.

GuardianC V S A N E W S

13

The COHMED 2011 conference washeld in Tampa, Florida where the weath-er was warm and very suitable for our out-door activities. Attendees enjoyed manytraining sessions involving expert instruc-tion on topics such as motorcoaches andhazardous materials, Class 7 PackagingStandards, and Anhydrous Ammonianurse tanks. One training session includ-ed a practical exercise dealing withenforcement of non-bulk DOT specifica-tion cylinders and the transport vehicle.The Region meetings were a great benefitas enforcement members and industrydiscussed concerns with various haz-ardous material issues in their respectiveparts of the United States and Canada.

The new CSA implementation andcurrent progress was covered in detail byFMCSA, and was a large topic for discus-sion throughout the week among attendees.

On behalf of the COHMED Programwe would like to thank CVSA and all ofour sponsors for making this year’s con-ference a success. We look forward toCOHMED 2012 in a location to beannounced. If you have never attended weencourage you to register and enjoy someof the best enforcement/industry interac-tion available! If you have an idea for theCOHMED 2012 training agenda, wewelcome your suggestions!

You can contact COHMED leader-ship at: http://www.cvsa.org/programs/cohmed_leadership.aspx directly from theCVSA website. Have a safe 2011 and welook forward to seeing you in 2012!

HM 245 was published in theFederal Register Vol. 76, No. 21 /Tuesday, February 1, 2011. A sum-mary of the final rule follows.Purpose: To incorporate provisionscontained in certain widely used or

longstanding cargo tank special per-mits that are granted to multiple par-ties and have established safetyrecords, by adding to regulations andeliminating renewal requests andreducing paperwork. Special Permitsallow a company or individual to pack-age or ship Hazardous Materials in amanner that varies from the regula-tions, provided an equivalent level ofsafety is maintained. The effective dateof this final rule is 3-3-2011.

The changes dealt with in thisFederal Register are six special permits:1. Special permit 11209. Authorizing

the transport of LPG in non-DOTSpecification Cargo tank motor vehi-cles known as moveable fuel storagetenders that are used exclusively forAgricultural purposes.

2. Special permit 13113. Authorizingthe transport of Division 6.1 liquidsoil pesticide fumigants in DOTspecification MC 306, DOT 406Cargo tank motor vehicles and DOT57 portable tanks used exclusively foragricultural purposes.

3. Special permit12284. Authorizingthe transport of certain HazardousMaterials used for roadway striping innon-DOT specification Cargo tanks.

4. Special permit13341. Authorizingprivate motor carriers to transportLPG in consumer storage containersfilled to greater than five percent ofthe containers water capacity.

5. Special permit10950. Authorizingthe transport of Nurse Tanks securelymounted on field trucks.

6. Special permit 13554. Authorizingfor nurse tanks with missing or illegi-ble ASME plates to continue to beused in anhydrous ammonia serviceunder specified conditions.

Adoption of Special permits as rulesof general applicability provides wideraccess to the benefits and regulatory flex-ibility of the provisions granted in thespecial permits. It also is a benefit to bothindustry and for regulatory agencies.

These six special permits addressed inthe final rule that authorize cargo tanktransportation operations not specificallypermitted under Hazardous MaterialsRegulations were initially issued tomembers of industry associations or sim-ilar organizations. They have well estab-lished safety records and thereforePHMSA has determined that they areexcellent candidates for incorporation intothe Hazardous Materials Regulations.Incorporating these special permits intothe Hazardous Materials Regulationswill eliminate the need for over 10,000current grantee’s to reapply for therenewal of the six permits every fouryears, and for PHMSA to process therenewal applications, thereby eliminatinga significant paperwork burden both onindustry and the government.

Moveable Fuel Storage Tenders (SP11209)This permit allows the transportationof LPG in non-DOT specificationcargo tank motor vehicle in agricultur-al application. Examples are farmersusing these configurations for cropdrying, crop irrigation, flame weeding,plant defoliation prior to harvest, andother agricultural operations. This spe-cial permit has been in effect since1994 and has been utilized by over3,400 grantees. A review of theHazardous Material Incident datalibrary did not reveal any incidentsrelated to this special permit over thepast ten years.

Enforcement Members, Industry DiscussHazMat Concerns at COHMED in TampaBy Reggie Bunner, Public Service Commission of West Virginia, COHMED Region II Chairman

and Keith Herring, North Carolina State Highway Patrol, COHMED Region II Assistant-Chairman

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Liquid Soil Pesticide Fumigants(SP 13113)This permit allows the transportation ofDivision 6.1 liquid soil pesticide fumi-gants in MC 306, and DOT 406 cargotank motor vehicles and DOT 57portable tanks used exclusively for agri-cultural use of methyl bromide to ensurethe adequate protection of crops frompest infestation and to preserve agricul-tural productivity. Transportation ofthese materials is limited to privatemotor carriage and must be between abulk loading facility and farms (includ-ing between farms) not exceeding 150miles from one another.

This special permit has been utilizedby hundreds of grantees. A review of theHazardous Material Incident datalibrary did not reveal any incidents relat-ed to this special permit since the date ofits issuance.

Non-DOT Specification Cargo Tanks Used for Roadway Striping(SP 12284)This permit allows the transportation incommerce of certain HazardousMaterials used for roadway striping innon-DOT specification cargo tanks.

These non-DOT specification cargotanks are used for the low hazard job ofapplying roadway striping to paved roadsthroughout the United States. This spe-cial permit has been utilized by over 100grantees. A review of the HazardousMaterial Incident data library did notreveal any incidents related to this specialpermit since the date of its issuance.

LPG Storage Containers (SP 13341)This permit authorizes the transporta-tion by private motor carrier of LPG inconsumer storage containers in quanti-ties greater than five percent of the con-tainers water capacity. The storage con-tainers designated in the special permitare designed for permanent installationon consumer premises. The special per-mit authorizes one-way transportationonly, from the consumer location to thecontainer owner’s nearest LPG plant.

This special permit has been in effectsince 2004 and has been utilized by severalthousand grantees. A review of theHazardous Material Incident data librarydid not reveal any incidents related to thisspecial permit since the date of its issuance.

Further the new regulation states thestorage container must have a water

capacity not exceeding 500 gallons andbe ASME “U” stamped which indicatestank was designed and constructed inaccordance with ASME code. In addi-tion the container must be inspected forleaks, corroded or abraded areas, dents,weld distortions, or any other conditionthat could make the container unsafe fortransportation. PHMSA is also requir-ing that (1.) Only one storage containerbe transported at one time on a motorvehicle; (2.) the storage container be lift-ed by slings, not by lifting lugs; and (3.)the storage container be loaded andsecured on the motor vehicle so that thecontainer is well-secured against move-ment and completely within the enve-lope of the vehicle. Finally, transporta-tion is limited to one-way movementfrom the consumers premises to thecontainer owner’s nearest facility.

Nurse tanks Mounted on field trucks (SP 10950)This permit authorizes the use of anurse tank securely mounted on a fieldtruck. Field trucks are specificallydesigned and equipped to improve safe-ty and efficiency by being more maneu-verable and more stable than a farmwagon when moving over hilly terrain.A definition for field truck is specified in173.315 as new paragraph (m) (3) (iv).These trucks are operated in remoterural areas in eastern Washington,Oregon, and northern Idaho within ashort distance of the fertilizer distribu-tion point. This special permit has beenin effect since 1993 and has been uti-lized by over one hundred grantees. Areview of the Hazardous MaterialIncident data library did not reveal anyincidents related to this special permitsince the date of its issuance. Also tanksoperated under this special permit aresubject to the periodic testing require-ments under subpart E of part 180.

Nurse tanks with missing or illegibleASME plates (SP 13554)This permit allows the continued use inanhydrous ammonia service of nurse


15

tanks with missing or illegible ASMEplates provided the tanks are inspectedand tested.

Nurse tanks must be manufactured inaccordance with the applicable ASMEcode requirements in effect at the time ofmanufacture. The ASME code requirestanks built to its specifications to have anattached plate that lists the manufactur-er, maximum allowable working pressure,minimum design metal temperature, andthe year of manufacture. However, manytanks are missing the plate. The specialpermit allows continued use of tanksprovided the tanks are inspected andtested. Specifically, the tanks mustundergo an external visual inspection andtesting using the procedures specified in180.407(d), and a thickness test usingthe procedures specified in 180.407 (i),and a pressure test using the proceduresspecified in 180.407 (g). The special per-mit also establishes minimum head andshell thickness, and nurse tanks notmeeting those levels must be removedfrom service. Nurse tanks that pass theabove-described tests must be markedwith a unique owner’s identificationnumber and must pass the same test atleast every five years to remain in service.This special permit has been utilized bythousands of grantees. A review of theHazardous Material Incident datalibrary did not reveal any incidents relat-ed to this special permit since the date ofits issuance.

Also in 173.23 PHMSA is re-designat-ing current paragraph (h) as new para-graph (i) and adding a provision to newparagraph (h) that authorizes packagingspermanently marked with a special per-mit number for which the provisions ofthe special permit were incorporated intothe Hazardous Materials Regulations tocontinue to be used for the life of thepackagings without removing or obliter-ating the special permit markings. Thisprovision will serve to avoid imposingthe burden of requiring the removal fromservice of such packagings while themarkings are removed or obliterated.

CVSA Secretary/Treasurer, ME State TrooperLt. Kelly Participates in Capitol Hill Briefing onNeed for Change to Truck Weight

Lt. Thomas Kelly (shown at left), the commander of commercial vehicle enforcement for the Maine State Police, joined Rep. MikeMichaud (D-ME) (shown at right) recently in Washington, D.C. topress the need for changes to truck weight limits in Maine. Michaudand Kelly spoke before a briefing organized on Capitol Hill to edu-cate members of Congress and their staff on the issue.

“An important part of advancing a permanent truck weight changefor Maine is educating members of Congress and their staff on theissue,” said Michaud. “I was pleased that Lt. Kelly was able to makeit to Washington to provide his valuable firsthand perspective on theneed for this change.”

Last month, Michaud, a member of the House Transportation andInfrastructure Committee, introduced the “Safe and EfficientTransportation Act.” The bill, which is cosponsored by Rep. Jean Schmidt(R-OH), would allow Maine and other states to increase the weight oftrucks allowed on their Interstate systems. The reintroduction of the leg-islation comes as Congress prepares to consider the first bill to reautho-rize surface transportation programs in more than six years.

In addition to Michaud and Kelly, other presenters included JohnWoodrooffe, Head of Vehicle Safety Analytics, University of MichiganTransportation Research Institute; Harry Haney, Associate Director ofTransportation Planning, Kraft Foods; and Richard Lewis, President,Agriculture and Forestry Transportation Reform Coalition.

16


In recently submitted comments onFMCSA’s Notice of Proposed Rulemaking(NPRM) on hours of service (HOS) forcommercial drivers, CVSA indicated ifimplemented the proposed rules could havethe unintended consequence of reducingoverall CMV and motorist safety.According to CVSA, the changes couldmake roadside enforcement more complexand open the door toward more drivers fal-sifying their records.

“Each year, CVSA-certified inspec-tors conduct nearly four-million inspec-tions all across North America whichprovides CVSA with an unmatched levelof real-world experience in commercialdriver and vehicle safety,” said CVSA’sExecutive Director Stephen A. Keppler.“The consensus from our state and juris-dictional enforcement members regard-ing these proposed rules is that they areconfusing and not easily understood.The proposed rules, in our view, will be

more difficult to enforce roadside thanthe rules in place today.”

As CMV crash rates have declinedsignificantly while the current HOSrules have been in effect, CVSA con-tends the Agency’s proposal does notappear to substantiate the need for theproposed regulatory changes. Instead,CVSA encourages enabling more toolsfor enhancing enforcement and addi-tional exploration of the effect betweenHOS, fatigue and performance beforeconsidering any drastic changes to thecurrent rules.

CVSA cited enforceability as the mostchallenging portion of these proposedchanges. With no current regulationrequiring supporting documents for driversto maintain on the vehicle, inspectors willhave a more difficult time checking thevalidity of record of duty status (RODS)entries. Additionally, falsification is amajor concern as in some cases fueling,

loading, unloading, and other forms of on-duty time will be listed on the RODS asresting in, or upon, a parked vehicle.

The NPRMs for both HOS andElectronic On-Board Recorders (EOBRs)also provide no funding provisions for thetraining of enforcement personnel andtechnology upgrades that will be necessary.With no additional funding provided toenforcement entities already stretched thinby limited resources, further enforcementneeds could go unmet. As a result, unifor-mity may degrade under the proposal ascompared to the current set of rules.

CVSA also recommended thatFMCSA facilitate and promote theimplementation of Fatigue ManagementPrograms and Driver Health andWellness Programs in the industry.

To read CVSA’s submitted commentsgo to http://www.cvsa.org/committees/documents/driver/2011CVSAHOSComments_%20Final.pdf

CVSA Emphasizes Proposed HOS RegulationChanges Must be Simple, EnforceableProposed Changes are Overly Complex, Opens Door to Falsification,Enforcement Challenges

NEW CVSA ASSOCIATE AND LOCAL ENFORCEMENT MEMBERS

Ace Truck Repair, Inc.

Amtrak

Asociacion Nacional de Transporte Privado

Barnhart Crane and Rigging Co.

ChemTel, Inc.

Clean Harbors Env. Services, Inc.

Clifton Gunderson, LLP

Fort Worth Police Department

Galfab, Inc.

Halsey King and Associates, Inc.

HazMat Resources, Inc.

HB Contractors

IESI Corporation

KEYTROLLER, LLC

LITE-CHECK, LLC

LJ Transportation, LLC

Mansfield Police Department

Metrostar Distribution, Inc.

Michigan Auto Law

Mr. Safety-Check Systems, Inc.

National Interstate InsuranceCompany

North Carolina Trucking Association

Optima Associates

SGS North America, Inc.

Specialty Rental

SpeedGauge, Inc

Tennessee Steel Haulers, Inc.

Tennessee Trucking Association and Foundation

UAP Heavy Vehlele Parts Divlslon

Weatherford International, Inc.

Wildcat Drilling Services, Inc.

Yellow Rack, LLC


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In December 2010, FMCSA replaced theSafety Status Measurement System(SafeStat) with an improved Carrier SafetyMeasurement System (CSMS) as part ofthe national rollout of the Compliance,Safety and Accountability (CSA) Pro-gram. This action was the first of manysteps in the national rollout of CSA.

This initial step is worthy of signifi-cant attention from roadside inspectors.This is because the change from SafeStatto the Safety Measurement System(SMS) has and will continue to impactroadside inspectors as they conduct safe-ty inspections on commercial motorvehicles. During these and other con-tacts with truck drivers and theiremployers, trucking companies, inspec-tors are likely to receive questions aboutCSA from these critical stakeholders.

Additionally, inspectors began using anupdated version of the Inspection SelectionSystem (ISS) to prioritize and select vehi-cles for inspection. The new ISS allows theroadside inspector to view a carrier’s safetyperformance data through the sevenBehavior Analysis and Safety ImprovementCategories (BASICs) as opposed to thepreviously used and displayed SafetyEvaluation Area (SEA) assessments. TheISS interface change was accomplished inDecember, with the change from SafeStatto CSMS.

Also beginning in December of 2010,the new ISS transmitted the identitiesand percentiles of motor carriers withBASICs above the intervention thresh-olds to States. The new ISS bases itsinspection recommendations (Pass,Optional, Inspect), in part, on BASICsabove the intervention thresholds fromthe CSMS rather than SEAs fromSafeStat. Data sufficiency and seriousviolations from investigations conducted

within the previous 12 months alsoinfluence inspection prioritization.

To familiarize inspectors with CSAand the changes to the roadside inspec-tion systems such as ISS, FMCSA’sNational Training Center in conjunctionwith CVSA recently conducted twowebinar training opportunities on CSAand the Roadside Inspection Program.Sgt. Rocco Domenico of the ColoradoState Patrol taught the 30-minute train-ing entitled, “Delivering the BASICs tothe Roadside Inspectors.” SergeantDomenico is the Colorado State Patrol’sMotor Carrier Safety AssistanceProgram (MCSAP) Training Coordina-tor and a long-time member of CVSA’sTraining Committee. When asked whatthe take-home message for this trainingis, Sgt. Domenico said “What we wantthe roadside inspector to understand isthat every inspection you complete,whether violations were discovered orthe inspection was clean, drives CSA

and starts the process to improve com-mercial vehicle safety.”

The webinar provided attendees withan increased awareness of CSA rollout by:• Offering an overview of CSA and the

BASIC assessment categories;• Highlighting the increased impor-

tance of roadside data in CSA;• Re-emphasizing the importance of

roadside data quality and uniformity;and,

• Presenting changes to ISS and its userinterface CSA-ISS.

The target audience for the two webi-nars in March was all FMCSA DivisionAdministrators, FMCSA State ProgramManagers, and State MCSAP programmanagers and training coordinators.After the presentation, attendees wereasked to take the training that was pro-vided and deliver it to all inspectors intheir respective State.

The training was recorded and is nowavailable online at http://csa.fmcsa.dot.gov/yourrole/fmcsa.aspx (login required) forall agencies to incorporate into theircommercial motor vehicle safety inspec-tor training. Agencies have the option ofallowing inspectors to access the trainingat their convenience or presenting thePowerPoint themselves to all of theirinspectors at a future training opportuni-ty. The intent of this training is to raiseFederal, State, and local inspectors’awareness of CSA and enhance roadsideuniformity through consistent trainingopportunities.

In order to increase uniformity andawareness of CSA, FMCSA has alsoasked that each lead agency receivingMCSAP funds require every inspectorconducting inspections for the leadagency to attend this training.

CSA and Roadside Inspection — WebinarTraining Available: Delivering the BASICs to theRoadside InspectorsBy Maj. Mark Savage, Colorado State Patrol

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The American Trucking Associations’(ATA) 2011 Technology and Maint-enance Council Annual Meeting andTransportation Technology Exhibitionwas held February 8 - 11, 2011 inTampa, FL. Highlights of the meetingincluded over 80 task force sessions inwhich TMC recommended practicesapplicable to a wide variety of tech-nologies and procedures are proposed,developed, and updated. At leasteleven study group sessions were held,providing a forum for dialogue aboutvarious technical issues, including: S.1Study Group discussions about thesupply of adequate voltage throughout

vehicle circuits; the S.3 Study Groupissues with dissipating under hood heatin 2010 EPA engine equipped vehicles;S.6 Study Group session providing anoverview of the new heavy truck stop-ping distance regulations; and the S.2Study Group on tire inflation pressuretechnologies, among others.

ATA President Gov. Bill Gravesspoke at the kickoff breakfast. He pro-vided a snapshot of key political and reg-ulatory issues facing truck transportationat the federal level. He mentioned therecent changes to the hours of serviceregulations, which he mentioned seemedto make the rule more complex than nec-

essary. He also highlighted the FederalMotor Carrier Safety Administration’snew Compliance, Safety, Accountability(CSA) program that tracks trucking fleetregulatory compliance, and the new fuelefficiency regulations promulgated bythe U.S. EPA and U.S. DOT, to bephased in starting in 2014. He noted thatATA supports a fuel tax increase in orderto help pay for improvements to thehighway infrastructure. Finally, Gov.Graves cited results from a survey, con-ducted by the American TransportationResearch Institute, which identifiedprinciple concerns of the trucking indus-try for this year. They are: (1) Concernabout economy; (2) Compliance, Safety,Accountability program; (3) Governmentregulations; (4) Hours of Service; (5)Driver shortage; (6) Fuel issues; (7)Transportation funding and infrastruc-ture; (8) Onboard truck technologies; (9)Fuel economy standards; and (10) Trucksize and weight.

Finally, CVSA Operation Airbrakealso took advantage of the TMCTransportation Technology Exhibitionas an opportunity to educate fleetmaintenance and supplier personnel inattendance by featuring our travelingbrake display. Dr. Steve Shaffer andKurt Bosworth, of Battelle MemorialInstitute, demonstrated with the mod-els the importance of keeping brakesin adjustment and properly diagnosingthe causes of out-of-stroke conditionsin brake system components. Theyalso solicited possible interest by fleetsand others in using the brake modelsfor training and educational purposes.Dozens of attendees were able to seethe demonstrations, making for a verysuccessful Operation Airbrake out-reach event.

Operation Air Brake Kicks Off with Event atTMC Annual Meeting, Provides Forum forDialogue on Technical Issues

Since its inception in 1982, CVSA has been a safety advocate of commercial

vehicles. CVSA represents the individuals who dedicate their work to promoting

an environment free of commercial vehicle accidents and incidents.

As North America’s leading commercial vehicle safety organization, the CVSA

Academic Scholarship is the centerpiece of the Alliance’s educational outreach

initiative. The Scholarship provides two $1000 grants to graduating high school

seniors whose parent or legal guardian is a good standing member of CVSA.

This grant program is competitive in its selection criteria, uniquely tailored to

recognize outstanding high school seniors. Scholarship recipients are selected

by weighing academic performance and extracurricular activities.

Application Deadline: April 30, 2011For more information, please visit:

www.cvsa.org/about/cvsa_academicscholarships.aspx

CVSA Academic Scholarship


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As the federal government and a numberof states have moved to ban texting andhand-held cell phone use, they are moti-vated in part by studies that show that 20percent of crashes involve some form ofdistracted driving. According to U.S.Department of Transportation, distracteddriving resulted in nearly 6,000 deathsand more than half a million injuries in2008. A 2010 Governors Highway SafetyAssociation report entitled “CurbingDistracted Driving” says that fatalitiesarising out of distractions increased over20 percent from 2004 to 2008.

However, virtually all the media atten-tion, legislation and rulemaking arefocused on the dangers of texting and usingcell phones in moving vehicles. It’s easy tounderstand why. Even though widespreadcell phone ownership and use is a fairlynew phenomenon, cell phone ownershipnow surpasses land-line subscriptions, anda number of studies show that half the U.S.population has no landline in their homes!The use of these devices for communicat-ing through texting is an even newer trend,and the growing practice of texting whiledriving creates new challenges for trafficsafety organizations.

Until quite recently, few commercialtruck and bus companies had writtenpolicies in place to govern cell phone useby their drivers and employees. They mayhave believed such policies were unneces-sary. After all, their drivers are arguablybetter trained, have greater safety aware-ness on the highway and are more capablethan the average motorist of managingdistractions when they occur. Moreover,even some of the “cell phone” policies inplace today may overlook the many otherdistractions-in the external driving envi-ronment, inside the vehicle and inside thedriver-that play a role in traffic crashes.

In mid-2010, CVSA, ArizonaTrucking Association and ArizonaDepartment of Public Safety launched apartnership to develop a commercialdriver training curriculum to combat dis-tracted driving. “Defeating DistractedDriving” will feature a 15-minute DVD,written handouts, model company poli-cies governing distracted driving and aPowerPoint, and will be made availableby CVSA for driver safety meetings,truck driver training schools and otherentities that regularly interface withcommercial truck and bus drivers.

CVSA, ATA’s non-profit educationalfoundation (ATEF) and AZDPS lis-tened to ideas from an advisory commit-tee of government entities, associationsand commercial truck and bus compa-nies to determine the approach andscope of the materials. The partners andthe advisory committee operated fromthe premise that laws and rules banningtexting and cell phone use will be diffi-cult to enforce, and that much can begained by educating and properly train-ing commercial drivers how to eliminateor minimize distractions. Nearly 20trucking and bus companies participatedin filming for the DVD and in photogra-phy sessions for the handouts.

“Defeating Distracted Driving” iden-

tifies, describes and offers techniques forlimiting the three principal types of dis-tractions truck and bus drivers encounteron the highway:• Visual distractions that cause the

driver to look away from the road andview something unrelated to driving(billboards, accident scenes, streetsigns, etc.)

• Manual distractions, including tasksin which the driver removes one orboth hands from the steering wheel orother driving control to perform a non-driving task (eating, drinking, adjustingmirrors, tuning the radio, etc.)

• Cognitive distractions, the mentalthoughts and feelings (anger, anxiety,worry, etc.) that distract and divertthe driver’s attention from the road

Research has shown that nearly alldistractions involve a combination of twoor even all three types of distractions.The materials and model policies dis-courage any cell phone use or textingwhile the truck or bus is moving, sug-gesting that cell phones, iPhones, iPadsand other devices be turned off or placedin “silent” mode, and phone calls be sentto voice mail until the driver can safelypull off the road to respond.

The draft curriculum materials werereviewed and evaluated by 368 commercialtruck and bus drivers and their safety super-visors throughout December 2010 andJanuary 2011. Based on their recommenda-tions,ATA,AZDPS and CVSA are makingfinal changes to the materials, with the goalof having them ready for release in time forthe Chicago meeting. For more informationon “Defeating Distracted Driving,” contactKaren Rasmussen at [email protected] or 602.850.6000, or Randy West [email protected]

“Defeating Distracted Driving”: Coming Soon!By Karen Rasmussen, President & CEO, Arizona Trucking Association

As a member of CVSA’s first InternationalSafety Team I have learned that safety iseveryone’s responsibility. It requires a com-mitment from many groups and organiza-tions joining together with specific goalsand programs focused on making ourhighways and roadways safer for all.

As a member of the CVSA Interna-

tional Safety Team, I have taken theopportunity during educational outreachpresentations within my state and as aninstructor for the FMCSA and theNational Training Center to explain themission statement of CVSA which is: “Topromote commercial motor vehicle safetyand security by providing leadership to

enforcement, industry and policy makers.”I have also taken the opportunity to stressthe goals of CVSA which include:1. Ensure uniform and reciprocal appli-

cation of North American inspectionprocedures and out-of-service criteria

2. Ensure effective roadside inspections3. Ensure that technology supports

enforcement’s needs for focusing onhigh-risk carriers, vehicles, driversand cargoes

An example of CVSA’s commitment tosafety is the CVSA Work Shops whichthey host which provides a forum forindustry, drivers, suppliers, law enforce-ment and regulatory agencies to cometogether to discuss common issues andconcerns which affect the safe operationof commercial motor vehicles on ourroadways. The North American CargoSecurement Harmonization Forum isalso held at this event and is open to allinterested parties.

Other examples of CVSA’s commit-ment to safety are:

1. Road Check June 7-9, 2011

2. NAICAugust 8-13, 2011

3. Brake Safety WeekSeptember 11-17, 2011

4. Operation Safe DriverOctober 16-22-2011

Take the opportunity to get involvedin programs like those listed above. Eachof us has an opportunity to make a dif-ference. It was once said: “In the searchfor perfection you will find excellence”.

As a member of the CVSA Interna-tional Safety Team I am committed to domy part in promoting safety. Together,we can make a difference!

20


International Safety Team is a Commitment FromMany Groups to One Common Goal: SafetyBy Senior Trooper Rick Oaks, Utah Highway Patrol

CVSA International Safety Team Recognizes the Best of the Best In CMV Safety

2012 NOMINATIONS NOW OPENThe CVSA International Safety Team award recognizes the efforts of these dedicat-ed government and law enforcement personnel from across North America, whogo above and beyond the call of duty of their normal responsibilities and have sucha significant impact on CMV safety, highway safety, and an overall reduction incrashes and deaths.

For more information about the program, how to apply for the award, guidelines,and the selection criteria please visit http://www.cvsa.org/programs/ist.aspx.

To become a CVSA International Safety Team Sponsor,please contact us at [email protected].


21

When it comes to promoting com-mercial motor vehicle safety and security,no one does it better than CVSAMembers and Associate Members thatare actively involved in providing leader-ship to enforcement, industry and policymakers. In order to inspire, influence,and support our members and partnersin the pursuit of our mission, CVSA hasdeveloped a set of tools to use in promot-ing the Alliance to outside organizationsas well as to prospective members.

Finding the Right Fit is an overviewof CVSA that outlines our programs,committees, and products as well as

identifying who are Members andAssociate Members, the benefits tomembership and sponsorship. Whilewe have printed many kits for distribu-tion, we have also developed a power-point presentation that can be used as astand-alone presentation or used incombination with the kit. To orderprinted hardcopies, please email [email protected].

To complement our outreach efforts,CVSA is utilizing several of the popularsocial media tools such as LinkedIn,Facebook, and to some extent Twitter.CVSA has a LinkedIn group page which

is for Members only and will be used tocommunicate information about upcom-ing programs, conferences and issues.CVSA also maintains a Facebook pagethat is completely open to the public andis used to promote CVSA’s many pro-grams and positions to both stakeholdersas well as the general public. In additionto the main CVSA page, we have creat-ed program specific Facebook pages tohelp us extend our education and out-reach efforts for the Operation SafeDriver and Teens & Trucks programs.We will roll out other pages as itbecomes necessary.

Promoting CMV Safety and Security Starts WithEducation and Outreach

22


Developing CVSA’s Operational Policy 14on Enhancing Roadside Inspections andEnforcement Data Uniformity, a multi-year project driven by the Vehicle, Driverand HazMat Committees, was recentlyapproved by the Executive Committee.The Information Systems Committee isnow moving toward implementing thepolicy by making recommendations toFMCSA. This policy is a work in progresssince it receives regular updates from thecommittees and also will be an area offocus during the CVSA Workshop andFMCSA’s Annual MCSAP LeadershipConference in Chicago this April.

For those not familiar, the InformationSystems Committee continually assessesthe collection of CMV data and informa-tion necessary to support CMV safetyenforcement and meet future informationdemands. In addition, the committee:reviews new information technologyadaptable to CMV safety practices andthe improved collection and use of infor-mation; Reviews and shares best practicesfor improving results-oriented safetyinformation analysis and research;Continually works to improve informa-

tion quality, accuracy, and timeliness;Participates in ongoing efforts seekingimproved access to CMV safety informa-tion and more effective means for provid-ing and presenting information withFMCSA; and Encourages commitmentof FMCSA to support state managers byproviding adequate funds and safetyinformation resources.

DataQsOne of the biggest issues the InformationSystems Committee is focusing on isCSA and its impact on the number ofDataQ challenges. The DataQs system isan electronic means for filing concernsabout Federal and State data released tothe public by the FMCSA. Through thissystem, data concerns are automaticallyforwarded to the appropriate office forresolution. The system also allows filersto monitor the status of each filing.

CSA requires data collected frompolice crash reports and roadside inspec-tions to be included in the carriers’ andcommercial drivers’ safety profiles. WithCSA, every aspect of every inspectioncounts - not just the out-of-service viola-tions. FMCSA’s online “DataQs” systemhas served as the primary mechanismwhereby carriers and commercial driverscan challenge the accuracy of data that is

used to determine safety fitness ratings.The DataQs system is an online portal forfiling concerns about data released to thepublic by FMCSA. It allows users to mon-itor the status of a challenge from submis-sion to resolution. The DataQs system iscomprised of a network of federal andstate analysts who review and evaluate thedata, the challenge and the correspondingevidence or supporting information thathas been supplied. Each data challenge orrequest for review submitted by a carrier ordriver is routed to the appropriate federalor state office for resolution.

Since 2004, when the DataQs pro-gram was established, slightly more than100,000 “Requests for Data Reviews”(RDRs) have been lodged, according toFMCSA records. Of that number,approximately 63 percent are logged as“Closed with action taken.” Relative tothe total number of inspection and acci-dent records that have been reported toFMCSA over that same time period thisrepresents approximately three-tenths ofone percent of the records being amend-ed as a result of a Request for DataReview. The average time to resolve anRDR has been 20 days. (See related storyon page 10.)

From 2009 to 2010 many states haveseen a triple-digit increase in the chal-lenges to data that are reported throughSAFETYNET. It is important forindustry members to review their CSA

Enhancing Roadside Inspections, EnforcementData Uniformity Anticipated to Reduce DataQsBy Capt. Jake Elovirta, Vermont Department of Motor Vehicles, CVSA Information Systems Committee Chair

Guardian

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C O V E R S T O R Y

safety measurements system scores.Industry’s heightened scrutiny of itsCSA SMS ratings is a big concern, notonly for industry but from enforcement’sprospective since the increase in requestsfor RDRs are taxing many statesresources and personnel. By reviewingSMS scores it can help carriers anticipatewhere they need to improve and ulti-mately reduce the need to file a DataQRDR. There are however, cases of a lackof understanding by some industrymembers that filing a RDR will removea violation. State members are commit-ted to the accuracy of all data collectedand screen RDRs to guarantee the accu-racy of data reported.

IT System Deployment/ChangesAnother topic of discussion theInformation System Committee isaddressing surrounds the lead time need-ed by state partners for system changesand updates. Many state members voicetheir concerns when FMCSA issuessoftware release changes for the variousfederal/state programs and there has notbeen enough time to ensure that everysystem user receives the softwareupdates. In addition, some states have

developed their own systems that requiresoftware development changes. TheInformation Systems Committee hasraised the question of whether there is aneed for a more uniform set schedule,and to improve field vetting of the soft-ware prior to implementation.Additionally, at what point must the linebe set in the sand as to when newchanges be in place? This is also a con-cern for carriers who want the new cod-ing reflected in their inspection reportand used towards there SMS ratings.State members have expressed interest intwice yearly updates that will helpimprove the scheduling of updates to allenforcement users in member jurisdic-tions. This is a discussion that will con-tinue in Chicago.

Lastly, the Information SystemsCommittee, in a effort to be timely andresponsive to member issues, has over thelast year begun to hold monthly confer-ence calls that are open to state, federal,and industry membership. The normal-ly one hour conference calls are designedto provide updates from FMCSA as wellas facilitate membership discussion oninformation system related items

To view the Information SystemsCommittee’s Agenda for the CVSAWorkshop in Chicago, please go tohttp://www.cvsa.org/committees/info_systems.aspx.

24


Know someone who can’t seem to put theirsmart phone down? Perhaps that’s you?

The simple reason smart phones arebecoming more popular is that many usersfind them extremely handy. They can pro-vide instant access to just about anythingand are a convenient tool to help manageyour work and social life.

A conversation along those lines occurredat a recent meeting of the FMCSA FieldInformation Technology (IT) SteeringGroup. The discussion soon developed into arecommendation to develop, test and evaluatea “proof-of-concept” application for the AppleiPad/iPhone operating system (iOS) thatwould provide “safety, cost and productivitybenefits” to FMCSA and its state partners.

This is not the first time that FMCSA hassought to leverage new technology to gainimprovements to its processes or procedures.

In 2004, the Agency investigated themerger of portable hand-held computerswith the new “Inspection Selection Systemwith Driver data,” otherwise known asISS-D software. The project involved put-ting Hewlett Packard iPAQ personal digi-tal assistants (PDAs) that were running anISS application that included driver con-viction data into the hands of safety inspec-

tors. The ISS-D project, with its use ofhighly-portable devices, proved to be amore efficient means of making inspectiondecisions at the roadside. The wireless con-nectivity allowed officers to retrieve infor-mation more easily. Without a direct con-nection to the Internet via the hand-helddevice, however, its utility was limited. TheISS-D software was later incorporated intodesktop and laptop computers used byroadside inspectors.

Fast forward to 2011: Smart phone appli-cations, or “apps,” are everywhere. Variousagencies of the U.S. Government have devel-oped specialized apps for their particular dutyfunctions. The Internal Revenue Service, forexample, has an app to check the status ofincome tax returns, while the Federal Bureau

of Investigation has a “Most Wanted” app.The U.S. Department of Homeland Securityhas developed an app for the TransportationSecurity Agency.Within the U.S. Departmentof Transportation, the Federal AviationAdministration has created an “e-reader” appfor their 689-page long 2010 AeronauticalInformation Manual.

Introducing the FMCSA iPhone/iPadRoadside Screening appWith development support from the VolpeCenter, the FMCSA iPhone/iPad RoadsideScreening app is designed to provide “real-time” information to commercial vehiclesafety inspectors. This will expedite the“inspect/pass” decision by providing safetydata to the inspector as the vehicle isapproaching an inspection bay.

By entering the USDOT number into asimple user interface on the touch screen ofthe iPad/iPhone, the application will return

New FMCSA “Smart Phone App” May Soon Play a Key Role as Roadside Screening ToolBy Jonathan Mueller, FMCSA, ART Technology Division

Guardian

25

C O V E R S T O R Y

The Driver Traffic Enforcement Committeeis tasked with providing leadership throughuniformity and conformity of driver-relatedsafety issues and promoting effective trafficenforcement strategies to reduce commercialmotor vehicle (CMV) crashes. This has beena very busy year and we have a full agenda atthe CVSA Workshop in Chicago in April2011. Some of the areas that we will focus oninclude: CSA and DataQ issues, ElectronicOn-Board Recorders (EOBR’s), Hours-of-Service (HOS), Distracted Driving, and speedwarnings and citations to name just a few.

DataQs — Review of State ProcessesAsking the right questions can alwaysprove beneficial, especially when it comesto conducting a detailed inspection thatincludes a good driver interview.Experience has taught us that taking thetime to ask a couple of basic questions canprevent a DataQ. The objective of thedriver interview is to gather informationabout the trip and load, prior to checkingdriver documentation. It is important toremember that the interview continuesthroughout the entire inspection process.During this process ensure the responsiblemotor carrier and USDOT number areidentified correctly. Fifty-seven percent ofall corrections to state reported data are inresponse to RDR type “Assigned toWrong Carrier.” (See the related story onDataQs Users Guide and Best Practices

Manual). In an effort to constantlyimprove, FMCSA’s National TrainingCenter desires to develop a new driverinterview education course to address thisand other issues. Another good resourcecoming up is the BASICS to the Roadside(B2R) CSA Training Webinars andTraining material available on the web.Again, see Maj. Mark Savage’s story onCSA and Roadside Inspection - WebinarTraining Available: Delivering the BASICsto the Roadside Inspectors for more informa-tion on what’s being offered on page 17.

Electronic On-Board Recorders(EOBRs)Consideration of EOBR’s seems to haverisen to the top of everyone’s list —enforcement, industry, manufacturers,Congress and FMCSA. In April 2010,FMCSA issued a final rule that mandatesEOBRs for interstate carriers with seriouspatterns of HOS violations. In the Fall of2010, FMCSA issued a proposed rule thatwould extend the first EOBR rule torequire all interstate commercial truck andbus companies to install EOBRs to moni-tor their drivers’ HOS compliance. Carriersthat violate this EOBR requirement wouldface civil penalties of up to $11,000 foreach offense. Noncompliance would alsonegatively impact a carrier’s safety fitnessrating and DOT operating authority. AtCVSA’s request, FMCSA extended thecomment period from April 4, 2011 toMay 23, 2011. (continued on page 26)

Driver-Traffic Enforcement Committee Takes onFull Agenda at CVSA Workshop in ChicagoBy Capt. Dan Meyer, Kansas Highway Patrol,

CVSA Driver Traffic Enforcement Committee Chair

values for the Inspection Selection System(ISS) score, Performance RegistrationInformation System Management (PRISM)Out-of-Service hits, and USDOT Licenseand Insurance (L&I) status.

The app will process both the originat-ing request for safety information and thein-coming return data through a secureencrypted connection. The requested datawill be retrieved from multiple sources,including the Motor Carrier ManagementInformation System (MCMIS), Safety andFitness Electronic Records (SAFER),L&I, PRISM, as well as others. The infor-mation will then be streamlined and sum-marized before being displayed on theapplication interface.

Depending on the returned value, theroadside inspection officer will be able totouch the indicator to see expanded detailsand then decide to stop the truck or bus forfurther inspection while obtaining a moredetailed report through the FMCSA Portalon his/her laptop computer.

The application development for theFMCSA iPhone/iPad Roadside Screeningapp is scheduled for March while thedeployment to field locations is slated tobegin in early April.

The proof-of-concept for this projectwill be to evaluate the application and thedevices for usability, application browsing,usefulness of search applications, multi-touch screen functionality, battery life, andspeed and connectivity. The evaluationperiod is expected to last several months.

Updates will be provided in comingissues of Guardian. Meanwhile, for ques-tions or comments on this project, contactJonathan Mueller at [email protected]

CVSA created a task force, workingwith the Technology and MaintenanceCouncil, to get a better understanding ofwhat the implementation issues are withEOBRs. We will be getting updates of thistask force in Chicago.

In order for enforcement to effectivelyenforce EOBR compliance, several hurdlesneed to be cleared before uniform imple-mentation can occur. According to a recentCVSA survey of its members, there areseveral areas of concern including supportof technology, data accessibility, manage-ment and transfer, as well as enforcementsafety. Many enforcement jurisdictions ITsystems are simply not ready or capable at

this time to support wireless transfer ofdata or UBS transfer of information main-ly due to security measures for their com-puter networks. Currently, the averageenforcement officer can do log bookenforcement effectively and safely. Gainingdata from an in-cab EOBR by an inspectormay cause safety issues for the inspectorroadside and safety issues of the data thathas the potential to harm computers.Simply put, there are too many differenttypes of EOBRs on the market andenforcement seeks a common, uniformstandard that all manufacturers must followto make data management and enforce-ment more manageable. Therefore,

enforcement is awaiting FMCSA policies todetermine options and any issues associatedwith proprietary software/hardware used bycarriers. There will be an Ad hoc meeting atthe CVSA Workshop in Chicago on April12 to discuss the results of the CVSA surveyand other issues including: FMCSA’sNPRM on Supporting Documents,Electronic Logging Partnership Update,TMC Task Force, and development ofEOBR Training.

Speed — Warning & Citation andCSA ApplicabilityFMCSA recently made modifications to the CSA algorithm and ASPEN

Well it is getting to be that time of yearagain. Many jurisdictions are gettingready to decide who their representativewill be in Orlando, FL at this year’s NorthAmerican Inspector’s Championship(NAIC). Commercial vehicle inspectorswill be pushed to the edge throughendurance and concentration tests thathaven’t been experienced since medievaltimes. Once the best of the best arefound, they will be locked in a room formonths on end with the only things toread being the North American StandardOut-of-Service Criteria (NASOOSC) andtheir respective safety regulations. Allkidding aside, let us discuss Ontario’sprocess of choosing a representative.

First of all, we abide by the old saying“timing is everything.” Our preliminarytesting is not done until the end of May.This conveniently falls shortly after

everyone has had their yearly CVSArefresher training. This allows an oppor-tunity for officers to receive updates onany changes that have taken affect andalso get clarification on particulars they,or fellow officers may be having problemswith. There is no sense going in to writea test with outdated information. Comethe end of May, officers across theprovince volunteer to write the test intheir respective region. Ontario has theirenforcement program divided into fiveregions. The test is made up of three sec-tions: a general knowledge test comprisedmainly of questions taken from theCVSA NASOOSC with a few questionsmixed in on our applicable legislation; adaily log consisting of 15 days worth oflogs to pick apart; and, a dangerous goodsscenario. In the past, these tests havebeen comprised of quite a few wild sce-

narios and obscure questions, makingthem harder and harder. Over the lastfew years, the National Safety Code(NSC) Challenge, our version of NAIC,has changed paths and taken on more ofa training opportunity for officers.Questions are being designed to covermore day-to-day events. After all, whenthe “winner” is announced and only has ascore of 42 percent it does not give a lotof confidence to the participants.

Ten participants are chosen to com-pete at the Provincial competition whichis usually held the second week of July.These are selected as follows: top overallscore from each region (five people), topscore of remaining competitors in eachof the three categories, and then the nexttwo highest overall scores. OurProvincial NSC Challenge mirrorsNAIC pretty well.

INSPECTOR’S CORNER

Jurisdictions Gear Up For NAIC By Choosing Their Best CMV InspectorsBy Richard Robinson, Ontario Ministry of Transportation, Transportation Enforcement

Officer, NAIC 2010 Grand ChampionRichard Robinson


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DRIVER-TRAFFIC ENFORCEMENT COMMITTEE (Continued from page 25)

Inspection Program, to allow enforce-ment officers to more accurately docu-ment the speed of the vehicle. Thischange was made to apply appropriateCSA point values to a carrier’s profile,relevant to the severity of the speedingviolation. This was an issue which indus-try had requested to assist with differen-tiating between serious speeding viola-tions and “probable cause” speed warningsfor the purpose of conducting an inspec-tion. Since the modification was made ithas become clear that there needs to be aconsensus on what is the best approach todocument speed and create a uniformpolicy on this.

Hours of Service (HOS)As referenced in another Guardian story,CVSA is endorsing retention of currentrules. The Driver-Traffic EnforcementCommittee will obviously take this issue upfor discussion at the Workshop.

Distracted DrivingAs part of the Operation Safe Driver pro-gram, CVSA, in collaboration withFMCSA and the National Highway TrafficSafety Administration, is working on devel-oping a best practices guide for enforcementto use for distracted driving outreachefforts. In addition, we will review the cell-phone and other wireless devices rule.

Rural Roads Working GroupFunded by FMCSA, American Asso-ciation of Motor Vehicle Administrators(AAMVA), in partnership with CVSAand other groups, is developing a newscript for a roll call training videodesigned to assist in educating localagencies and non-funded MCSAPagencies to both encourage and edu-cate law enforcement on the need tosafely stop commercial vehicles fortraffic enforcement. Currently, thegroup is developing a new script andstory board for the training video aswell as a few public service announce-ments to go with it.

Contestants are tested on the sameseven categories as in NAIC:• North American Standard Level I

inspection (including 15 days worthof daily logs);

• North American Level I inspectionprocedures;

• North American Standard dangerousgoods inspection;

• North American Standard cargotank inspection;

• North American Standard Level Vpassenger vehicle (motorcoach)inspection;

• North American Standard personalinterview; and,

• North American Standard Out-of-Service Criteria exam.

Competitors use identical scoresheets as used at NAIC (which can befound in the “Development Toolbox” atwww.cvsa.org). Scoring is also kept thesame. This is done under the pressure ofthe stopwatch to create the same atmos-phere as what will be experienced atNAIC. We even have a photographer/videographer getting in your face tocomplete the ambience.

Once the Grand Champion has beenawarded, the real work begins. WithOntario holding its competition so late,it does not leave much time for the offi-cer to prepare. The Ontario representa-tive is encouraged to contact previousparticipants and absorb as much infor-mation as they can. When I won ourProvincial competition last year, I spent amorning with Alex Bugeya (Ontario andNAIC Grand Champion 2009) goingover my tests to see where I made myerrors. Alex also went over his experi-ences at NAIC to help lessen any sur-prises I may encounter. He coveredeverything from the competition itself,what worked for him, what did not, whatthe “patch exchange” was all about, towhat type of dress code was expectedthroughout the week. Some of the otherpast Ontario competitors were also ableto provide some great advice. I also gotto spend some time with a couple of ourinstructors to fine tune procedures andclarify different aspects of applicable leg-islations (unfortunately but understand-ably, one of Ontario’s main resources,Kerri Wirachowsky, makes herselfunavailable to the Ontario competitor

only after the competition is over atNAIC to avoid any potential conflicts ofinterest). Knowing ahead of time what Iwas facing in Columbus, Ohio helped toreduce my stress level and made it amuch more enjoyable experience.

So, if your jurisdiction has not decid-ed who will be their representative, Istrongly suggest you run a competition inthe same manner as NAIC. This willbetter prepare you for what you willexperience in competition and will allowyou to be much more comfortable witheverything. If you understand and havefamiliarity of the defect recording sheets,you won’t miss out on marks lost due toa simple error. If you are fortunateenough to compete at this year’s NorthAmerican Inspector’s Championship, besure to contact past competitors to gettheir take on the whole event. Feel freeto shoot me an email at [email protected]. I would be more thanhappy to share my experiences. If I hadto give one piece of advice, I think itwould have to be, relax, have fun, andtake it all in! There is nowhere else youcan come into contact with the caliber ofpeople you will meet at NAIC.

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The public dialogue on truck size andweight in the United States is arriving ata new crossroads. The U.S. Congressauthorizes federal programs for highways,highway safety and transit generally everyfive to six years, although the currentauthorization bill (SAFETEA-LU)expired in September of 2009 and hasbeen extended multiple times. This year itis hoped we will have a new authorizationand there is a good possibility truck sizeand weight (TS&W) provisions will bepart of the Bill. Meanwhile, the changingfaces of modern freight movement, trafficcongestion, aging highway infrastructure,available advanced safety technologies,and public energy policy are lendingincreased momentum and interest inTS&W on U.S. highways. For example,Congress passed the 2010 AppropriationsBill that gave Maine and Vermont the goahead to conduct a pilot project to permitvehicles up to 100,000 pounds on theinterstates in those two states. Althoughthe 100,000 pound allowance in that pilotprogram turned out to last essentially 12months, there was and continues to betalk of making it permanent. And publicdiscussion is ongoing on ways to increaseproductivity and efficiency of truck trans-portation.

Furthermore, the programs in statesnationwide that provide permitting andenforcement for oversize and overweightvehicles, as well as routing, escorting, andenforcement, are ripe with opportunityfor increased coordination between andamong states. There are often differencesfrom state to state in the number ofescort vehicles, emergency equipment,lighting, flagging, and personnelrequired, making interstate transportmore complicated for both carriers andenforcement than perhaps is necessary.

CVSA and its Size and WeightCommittee is working to better under-stand the lay of the land for transport ofoversize/overweight vehicles, and alsowhether there are safety impacts ortrends within these vehicles that needfurther investigation. This aspect of thesize and weight equation is also impact-ed by the federally determined limits.

There are several coalitions and otherinitiatives working to deter any changes aswell as to advocate for increases in feder-ally allowable length or weight regula-tions. In May 2008, the AmericanTrucking Associations announced its sus-tainability initiative “Trucks Deliver aCleaner Tomorrow” in which it supportsan increase of allowable combination trac-tor trailer weights to 97,000 pounds andlengths of double trailers to 33 feet.Separately, an alliance of major industryassociations and companies comprisingthe Coalition for TransportationProductivity (CTP) are advocating theirproposed Safe & Efficient TransportationAct (SETA), which would allow states theoption to safely raise interstate vehicleweight limits to 97,000 pounds, but with-out any increase in length. CVSA is awareof at least one other coalition planning topropose changes to give states more flexi-

bility under the federal vehicle length lim-its as well.

CVSA’s size and weight policy rela-tive to highway reauthorization stronglysupports ensuring that safety is of para-mount importance if any changes are tobe pursued with respect to size orweight, and it advocates for uniformityof regulations across states. CVSAacknowledges and supports the role ofsize and weight regulation in protectingthe roadway infrastructure as well, butwe need to further investigate safety relat-ed issues. CVSA acknowledges that pilotprograms could be in the offing and ifthey are considered they must be carefullyplanned and conducted in order toachieve a better understanding of thesafety effects of larger or heavier trucks.Furthermore, CVSA believes there is aneed for a better understanding and theprovision of resources for strong andeffective enforcement of size and weightregulations. The current patchwork ofregulations and permitting programs andthe data (or lack thereof ) does not providethe necessary understanding for moreinformed policy decisions at a nationallevel, and any changes need a comprehen-sive approach whereby all stakeholderneeds are adequately addressed.

COMMITTEE NEWS

Truck Size and Weight Issues Come to a Crossroad as Congress, Public Debate Continues

REGION IConnecticut, Delaware, District ofColumbia, Maine, Maryland,Massachusetts, New Hampshire, NewJersey, New York, Pennsylvania, PuertoRico, Rhode Island, US Virgin Islands,and Vermont.

REGION IIAlabama, American Samoa, Arkansas,Florida, Georgia, Kentucky, Louisiana,Mississippi, North Carolina,Oklahoma, South Carolina, Tennessee,Texas, Virginia, and West Virginia.

REGION IIIColorado, Illinois, Indiana, Iowa,Kansas, Michigan, Minnesota,Missouri, Nebraska,North Dakota, Northern MarianaIslands, Ohio, South Dakota, andWisconsin.

REGION IVAlaska, Arizona, California, Guam,Hawaii, Idaho, Mexico, Montana,Nevada, New Mexico, Oregon, Utah,Washington, and Wyoming.

REGION VAlberta, British Columbia, Manitoba,New Brunswick, Newfoundland andLabrador, Nova Scotia, NorthwestTerritories, Nunavut, Ontario, PrinceEdward Island, Quebec, Saskatchewan,and Yukon.

I

V

IVIII

IIThe Tennessee Trucking Foundation(TTF) wants to do more to educate teensabout driving safely around large trucks.Motor vehicle crashes are the singlebiggest killer of teenagers - more thanAIDS, street violence, and drug use com-bined, according to the AAA Foundationfor Traffic Safety. That’s when the TTFProgram Coordinator Mandee Johnsondiscovered CVSA’s nationally known cur-riculum “Teens & Trucks Share theRoad.” The “Teens & Trucks Share theRoad” program was created through agrant from FMCSA by CVSA, ArizonaTrucking Association, Arizona Departmentof Public Safety and American TruckingAssociations in 2009. This is an excellentresource complete with instructor lessonplans, student workbooks, DVDs and preand post test evaluations.

Large trucks are a dominant part ofthe traffic stream and represent every 4thvehicle on the road. Over 91 percent ofTennessee’s communities depend exclu-sively on large trucks to move theirgoods. The Tennessee Department ofTransportation recently posted the find-ings from INRIX, a leading provider ofhighly accurate traffic information anddriver services, on their website.Findings show that Tennessee is at thetop of the list of states with key corridorsand one or more crossroads. Trucks bringthe good stuff and we are on a mission inTennessee to educate our teens and allmotorists on our highways about safelysharing the road with large trucks andother large commercial vehicles.

Currently the TTF is reaching out tointroduce the “Teens & Trucks Sharethe Road” program to all public highschools, private high schools, commer-cial companies that teach driver’s edu-cation, and the Tennessee Highway

Patrol Special Program Officers thatteach safety education across the state.Driver’s education in the State ofTennessee does not have a state stan-dard of curriculum; therefore schoolsmay select whichever program they likebest. Private companies of course maychoose their own curriculum and allprograms are monitored by theTennessee Department of Safety. Theconsensus from all groups surveyed hasbeen that there is not enough emphasison the importance of understandinghow to drive safely around large trucksand commercial vehicles. This curricu-lum is well structured, effective and caneasily be incorporated into any existingdriver’s education program. Materialsare free from CVSA and with their per-mission the TTF will be able to add itslogo to all printed materials for distri-bution in the State of Tennessee. Grantfunding is being sought to pay for theprinting of the lesson plans and studentworkbooks and the distribution of allmaterials. This will make all of the cur-riculum materials available to all whowant it at no charge.

One of the key missions of theTennessee Trucking Foundation is toadvance highway safety by educating thepublic on how to safely share the roadwith large trucks. The “Teens & TrucksShare the Road” program helps TTF inmeeting its mission in a huge way.“Never before have we been able to reachso many students with such an effectiveprogram,” says Dave Huneryager,Executive Director of TTF. “This educa-tion program will help reduce the num-ber of motor vehicle accidents involvingteens and large trucks. The positiveimpact on the communities in Tennesseewill be to save lives.”

Teens and Trucks Share the Road in TennesseeBy Dave Huneryager, President and CEO, Tennessee Trucking

Association and Foundation

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R E G I O N A L N E W S

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The Colorado State Patrol MotorCarrier Safety Assistance Program’s(MCSAP) primary goal is to reduce thenumber and severity of commercial vehi-cle related crashes on our state’s roads.Between January 1, 2005 and December31, 2007 there were 8,056 commercialmotor vehicle (CMV) involved crashesin the State of Colorado. As illustratedin the graph below, 48 percent of thesecrashes (3,830) happened within munic-ipal boundaries and 54 percent of theseoccurred in one of five metropolitanmunicipalities.

However, due to our own staffing andbudget limits, the Colorado State Patrolcannot effectively target all crashes with-in the state. The same can be said aboutthe municipalities where these truckinvolved crashes are occurring. Many areunder the same tight budget constraintsthat effectively restrict the amount oftime and resources we can dedicate toaddress commercial motor vehicle safety.

In an effort to further reduce thesecrashes; in 2008 the Colorado State

Patrol MCSAP requested a high-priori-ty grant to serve as a force multiplier forour agency in our efforts to improve traf-fic safety. Our intent was to then sub-grant to local agencies so they could usethe money for commercial motor vehiclecrash reduction activities or initiatives.FMCSA awarded our agency the grantmoney to fund the program in the sum-mer of 2009.

To ensure that all FMCSA grant obli-gations and regulations were met theColorado State Patrol developed a sub-award process based on the criteria andprocess utilized by FMCSA for theawarding MCSAP money. In spring of2010, the Colorado State Patrolannounced the availability of funds forthis project to all local agencies that hadpreviously signed an agreement or mem-orandum of understanding (MOU) withthe Colorado State Patrol as the leadagency for CMV safety in Colorado. TheColorado State Patrol also hosted severalinformational meetings that were heldthroughout the state to further increase

awareness about the goals of the inspec-tion program, explain the purpose of theproject and describe the grant require-ments. As a part of the process, we devel-oped a sample application, including therequirements necessary to produce a per-formance-based application.

To promote the uniformity and con-sistency of enforcement data, all granteesattending the meetings were encouragedto join CVSA. To further reinforce thispoint, we invited Local Region PresidentTom Jacques of the Pittsburgh PoliceDepartment to come speak to our localagencies at our informational meetings.President Jacques was able to attend sev-eral of the meetings and presented agreat pitch to attendees on the impor-tance of being involved in CMVenforcement and in CVSA.

After the meetings, all grant appli-cants were required to develop perform-ance-based grant proposals that justifiedthe allocation of MCSAP High Priorityfunds. Grants applicants were alsorequired to support their application witha clearly identified CMV crash problem.

To assist local law enforcement agen-cies with preparing the grant applicationwe provided them with detailed informa-tion about the severity and number ofreportable CMV crashes occurring with-in their city or county boundaries.

As previously stated, only agenciesthat had a current memorandum ofunderstanding or agreement with theColorado State Patrol, the lead agencyfor commercial vehicle safety inColorado, were allowed to apply. Of thealmost 40 agencies that responded to theannouncement and attended the infor-mational meetings, the state received sixapplications for funding. Applicationswere received from the Colorado Springs

Colorado State Patrol Awards Grant Money to Local Agencies to Improve CMV SafetyMaj. Mark Savage-Colorado State Patrol, Michelle Lopez-Colorado State Patrol

10,000

6,000

2,000

CMV Crash Data – State of ColoradoJanuary 1, 2005 – December 31, 2007

Total No. of Crashes

8,056

Total No. of CrashesWithin Municipality

3,830

Police Department, Denver PoliceDepartment, Dillon Police Department,Rangely Police Department, MoffatCounty Sheriff ’s Office and Rio BlancoCounty Sheriff ’s Office.

A review panel, including numeroussubject matter experts and grant person-nel from the Colorado State Patrol, aswell as a representative from FMCSAwas assembled in May of 2010 to reviewthe six applications received. Each appli-cation was evaluated utilizing 21 separatescoring factors.

Ultimately, the state awarded a totalof $130,234.58 and each agency was alsorequired to provide a 20 percent in-kindor cash match.

The grant money that was allocatedwas used for various enforcement activi-ties including inspections, traffic enforce-ment and to purchase CMV enforcementequipment. For example, ColoradoSprings Police Department used theirgrant money to conduct enforcementactivities and purchase computers so theycould use ASPEN. It should also benoted that the grant money allowed theColorado Springs Police Department toconduct several CMV enforcement teamoperations that had a significant impacton traffic safety. In fact, the ColoradoSprings Police Department indicatedthat during the grant period they saw a15 percent reduction in the number ofCMV involved crashes in their city whencompared to the same time period from ayear before.

Denver Police Department used themoney to conduct several team opera-tions and team enforcement operationsfocused not only on CMVs but the pas-senger vehicles operating unsafely aroundCMVs. Denver even conducted oneoperation during the graveyard shift to

focus on potentially drunk or druggedtruck and car operators. During this par-ticular operation 32 Drug RecognitionExpert evaluations were conducted andone arrest was made.

Other agencies used the money to pur-chased inspection equipment such ascones, signs and printers for inspectors andthree agencies used part of their grantmoney to join the Commercial VehicleSafety Alliance. Finally, the grant producedan additional 1874 CMV inspections.

From a lessons learned perspective,

we would have liked to have awarded themoney sooner to allow the grantees tohave more time to spend the money. Thiswould have allowed both the grantee andgrantor more time to more effectivelyevaluate the success of the grant pro-gram. Regardless, the Colorado StatePatrol feels that the grant was a success,as it facilitated an improvement in rela-tions between enforcement partnerorganizations and helped to reduce thenumber of commercial motor vehiclecrashes in the State of Colorado.

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Region II Hosts WIPP TRUPACT-III, ConductsLevel VI Refresher TrainingBy Capt. Bruce Bugg, Georgia Department of Public Safety

In February, Region II hosted the

WIPP TRUPACT-III Roadshow.

The TRUPACT-III has been

approved by the NRC for the

transportation of large boxes of

transuranic waste to the Waste

Isolation Pilot Plant (WIPP) out-

side Carlsbad, NM. The first

shipper to use the TRUPACT-III

will be the Savannah River Site.

The TRUPACT-III made stops in

Texas, Louisiana, Mississippi,

Alabama, Georgia and South

Carolina. Georgia DPS took the

opportunity to conduct Level VI

refresher training, which includ-

ed classroom training, a radia-

tion survey practical exercise at

the Columbia County Inspection

Station, and a tour of the

Savannah River Site to see the

WIPP loading and inspection

facilities.

SFC John Cook of the Georgia MotorCarrier Compliance Division exerciseswith a Survey Meter as part of the WIPPTRUPACT-III February Roadshow.

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Every jurisdiction faces challengeswhen it comes to commercial motorvehicle safety. However, Nunavut,Canada’s newest territory, faces manyunique challenges when it comes toregulating commercial vehicle and driv-er safety. Nunavut is somewhat uniquein that regard from all other jurisdic-tions in North America. From aninternational standpoint, I think wehave similar challenges like our neigh-boring country, Greenland (KalaallitNunaat, pronounced as “kah-lasthl-sth-leet noo-naat”), located geographicallywest of Nunavut.

Every community in Nunavut, likein Greenland, is coastal, and none aresituated deep inland. Nunavut does nothave any highway/freeway infrastruc-ture connecting its respective communi-ties to one another, or to any neighbor-ing provincial/territorial jurisdiction.Nunavut neighbors the NorthwestTerritories and Manitoba.

Nunavut is 1/3 land mass of Canadaand separated into three regions:Kitikmeot (kee-tick-mee-oot) Region -western portion of Nunavut - comprisedof 6 communities; Kivalliq (kee-val-likh)Region - central portion of Nunavut -comprised of seven communities; and,Qikiqtaaluk (khee-kikh-taa-look) Region- eastern portion of Nunavut - comprisedof 13 communities. (** Qikiqtaaluk

Region includes Belcher Islands found inbody of water known as Hudson Bay. Acommunity known as Sanikiluaq (Saa-nee-kee-loo-akh) is located on BelcherIslands.)

Nunavut is comprised of 26 commu-nities, at which Iqaluit (ee-kha-loo-eet)is the capital city (approximate popula-tion: 7,000), located in southern part ofBaffin Island. Our Motor VehiclesDivision headquarters is located in GjoaHaven, a community found in westernportion of Nunavut. Though Nunavut’spopulation is under 30,000, we cover alarge area of Canada’s Arctic Region.

Since November 16th, 2009, I ini-tially took on this management posi-tion as casual term, after having been a

driver examiner with 14 years of expe-rience. It was on March 1st, 2010 thatI signed a three-year transfer assign-ment as Manager, Motor Vehicle Safety& Inspections.

In September, 2010, three MotorVehicle Officers from Nunavut passedthe CVSA Level I (Part B) training in Winnipeg, MB. We appreciate Reg Wightman from ManitobaInfrastructure and Transportation(MIT) for facilitating the course. Thefollowing month (October, 2010), thesame three Motor Vehicle Officershad also passed the Transport CanadaTDG (Transportation of DangerousGoods) Regulation training held hereat our office in Iqaluit, NU. We are

Nunavut Seeks to Educate, Enforce and Pass Legislation to ImproveCommercial Motor Vehicle Safety in Canada’s Newest TerritoryBy James Demcheson, Manager, Motor Vehicle Safety & Inspections. Motor Vehicles Division,

Economic Development & Transportation, Government of Nunavut

Locals Lobby for New Members with Incentive ProgramBy Tom Jacques, Pittsburgh Bureau of Police, CVSA Locals President

The Local Member Committee has a membership drive on now. If a local department joins as a CVSA member they areable to attend a conference free (no registration fee, a savings of $400 to $450 dollars). In addition, we have a member geta member campaign which allows new members a $100 dollar credit for recruiting new members (up to $300 dollars).

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currently formulating our own CVSAinspection sheets with some assistancefrom our neighboring Canadian juris-dictions, Northwest Territories (NT)and Manitoba (MB).

A part from the start of formallyenforcing CVSA inspections inNunavut, we do have the School BusRegulations, adopted from NorthwestTerritories (NT) upon Nunavut’s incep-tion (April 1st, 1999). My predecessordid not seem to have the two appropriateschool bus inspection forms (one usedby Motor Vehicle Officers and the otherused by certified mechanics to complete,twice in a calendar year). Recently, I wasable to receive electronic copies of thesetwo school bus inspection forms frommy Northwest Territories counterpart,Harris Beaulieau. Seeing as our regu-lations are identical, it only seemedlogical. Hopefully, we will have theseforms generated and in use before thiscoming August.

The other aim in regards to vehicleinspections is possible future imple-mentation of an annual PMVI require-ment for all large commercial vehiclesand a separate requirement for all pri-vate vehicles. We currently do not have legislation/regulation for PMVIrequirement. In essence, Nunavut hassome catching up to in regards to vehi-cle inspection program.

In terms of driver education pro-grams, Nunavut also lacks in thatregard. However, the MTO(Municipal Training Organization)who is funded by the Department ofCommunity Government & Services(CGS) does offer Class 3 driver’slicense and air brake, also Class 2School Bus driver’s license trainingcourses upon demand at any of the 26

communities in Nunavut. This trainingprogram has been in effect since 1999.Depending on the number of students,these courses can be from two to fourweeks in length. Since Nunavut doesnot have a driving instructor certifica-tion program, the MTO relies on expe-rienced and reliable licensed truck/school bus operators to teach thesecourses. As for basic driver education,there are no commercially run basicdriver education schools/courses.However, there are some high schoolsin various communities who have ateacher(s) that are certified drivinginstructors (received certification out-side of Nunavut).

Lastly, we hope to have our MotorVehicles Act and Regulations revamped.A proposal was completed in 2008, nowit sits waiting to go through legislativereview. This proposal includes such itemsas implementation of a formal GraduatedDriver Licensing (GDL) program/regu-lation, tougher impaired driving law, leg-islation that oversees certification/licens-ing of driving instructors and drivingschools/programs, etc. Ambitious, butnecessary new implementation to meettoday’s Canadian National Standards indriver and vehicle licensing.

We may be behind the times, but ouradvantage is the extensive resources andexperience that our fellow Canadianjurisdictions have at hand, this includesour U.S. counterparts. The approach toour vehicle inspection program is firstlyto educate Nunavummiut (people whoreside in Nunavut) and then enforcewhat has been taught and put into legis-lation.

Looking forward to meeting otherCVSA membership in Chicago thiscoming April.

REGIONAL RAP

PA PUBLIC UTILITY COMMISSION, CVSA MOURN PASSING OF GERALD CLARK

On February 19, 2011 GerardL. Clark, 56 of Lebanon, PA,passed away at his residenceafter a long battle with cancer.He was the husband of CarolynM. “Lyn” Cullinan Clark. Gerryworked for the PA PublicUtility Commission Bureau ofTransportation and Safety. Hestarted his career as a MotorCarrier Enforcement Officer in1983. In 1993 he was named Officer of the Year by the PUC.In 1994 he was promoted to Enforcement Officer Supervisorof the Scranton District Office where he served for 11 years. In2005 he was again promoted to Safety Coordinator and workedout of the PUC’s Harrisburg office.

Gerry spent most of his life in some type of public service. Heserved in the US Army during the Vietnam Era where he heldthe position of Criminal Investigator. He worked for the WayneCounty Sheriff ’s Department as a Deputy Sheriff and was anEMT with the Honesdale Volunteer Ambulance. He was a mem-ber of the Knights of Columbus and belonged to the Church ofSt. Cecilia in Lebanon, PA. He had been involved with CVSAfor many years and enjoyed every minute of that time.

Gerry was extremely dedicated to his family, friends, co-workersand his carrier. He took pride in everything that he did and devot-ed most of his time to helping others. He had the special ability tobe not only a Supervisor but also a friend.

“Gerry’s dedication to his job was extraordinary. Carryingout the responsibilities and duties of his position was not just acommitment, it was his passion,” said Mike Hoffman, Directorof Transportation and Safety for the PA PUC.

“Gerry was greatly respected by his peers. Many peoplerespected him and thought so highly of him,” added Hoffman.“I would constantly hear people telling me that ‘Gerry is special’and he was.”

Gerard L. “Clarky” Clark was loved by many but will bemissed by all.

Memorial contributions may be made to the Penn StateHershey Medical Center Cancer Institute, P.O. Box 852,Hershey, PA 17033.

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Gerald Clark

COLORADO MCSAP UNIT INTERCEPTS MURDER SUSPECT

On October 5th, 2010 at approximately 2:22PM ColoradoState Patrol MCSAP officers were notified of a suspectwanted for murder was on Interstate 70 just west of Vail,Colorado. East Moline Police Department from Illinoiswere able to track the suspect’s cell phone as he was travel-ing through Colorado. Trooper Cody Abernathy, TrooperDon Kettle, and Sergeant Kucera of the MCSAP unit wereupdated on the location of the suspect’s vehicle by anotherSergeant of the Colorado State Patrol from the East MolinePolice Department.

During the updates Trooper Don Kettle prepared to do arolling road block ‘California Weave’ to slow down the traf-fic behind the suspect’s vehicle as Trooper Abernathy andseveral other Colorado State Patrol Troopers prepared tomake the traffic stop. Sergeant Kucera and another officerprepared stop sticks approximately 2 miles in front of thesuspect’s vehicle. Trooper Abernathy was able to make apositive identification of the suspect through a picture thatwas sent to his computer while stationary in the center medi-an of Interstate 70.

Trooper Abernathy and several other State Patrol officerswere able to make the traffic stop on I-70 approximately 20miles west of Vail. All of westbound Interstate 70 was shutdown as the suspect was placed into custody without incident.The suspect had a warrant for his arrest out of East MolinePolice Department for 1st degree murder. The suspect was 21year old Ryan Moore of Milan, Illinois. Moore was the sus-pect of murdering a 28 year old East Moline man shot severaltimes in the chest on October 1st. Moore was held on a onemillion dollar bond out of the Eagle County detention facility.Another passenger Pedro Payan was also arrested for felonydrug possession.

COLORADO STATE POLICE WELCOME NEW MOTORCARRIER SAFETY COMMANDER

The Colorado State Patrol would like to welcome Capt. TimKeeton as the new commander of the agency’s Motor CarrierSafety Unit. Capt. Tim Keeton was promoted on February 1,2011. Capt. Keeton came to the unit form the Patrol’sInternal Affairs Unit where he was an investigator for threeyears. Prior to that Capt. Keeton was in charge of theagency’s Motorcycle Team. Capt. Keeton has been with theColorado State Patrol since July of 1998. Capt. Keeton willbe in attendance at the next CVSA Meeting in Chicago andis looking forward to meeting everyone.

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A S S O C I A T E M E M B E R N E W S

International Road Dynamics Inc. (IRD),a world leader in ITS (IntelligentTransportation Systems) and Weigh-in-Motion (WIM) solutions, understands theimportance of commercial vehicle compli-ance and highway safety. Improving safetythrough ITS not only benefits the truckingindustry, but also the traveling public androadways. IRD works with many state andprovincial agencies to expand their com-mercial vehicle enforcement programs toachieve pavement protection, improvedsafety, and reduced vehicle emissions.

IRD’s ITS solutions include systemssuch as the Mainline and Ramp WIMSorters, Remote Control Weigh Stations(RCWS), Virtual Weigh Stations (VWS),Automatic Vehicle Identification (AVI)and temporary portable sites. These solu-tions provide a way of efficiently enforcingcommercial vehicles on weights, dimen-sions, and credentials. (See image 1.)

A non-conforming commercial vehicleis a safety hazard due to reduced opera-tional performance. Both the mainline andramp WIM sorters help alleviate safetyissues by sorting the compliant from thenon-complaint vehicles. When only sus-pected non-compliant vehicles report tothe inspection station, operators have moretime to perform a thorough inspection.These inspections not only include weight,but also a complete safety inspection.

A corresponding reduction in pollu-tion and Greenhouse Gas Emissions(GHG) is achieved when compliantcommercial vehicles bypass the weighstation. Tests indicate that when a com-mercial vehicle is sorted on the mainlineusing WIM, there is a 36% to 67% reduc-tion in pollutants.1 AVI (AutomaticVehicle Identification) solutions are ableto assist in reducing GHG by signalingcommercial vehicles in-cab prior to theweigh station allowing them to bypass ifcompliant. (See image 2.)

Another safety concern that arises fromoverloaded commercial vehicles is rolloversand runaways. The heavier a vehicle, themore difficult it is to turn and slow downor stop. The Truck Safety Coalition (2007)states that, “a 100,000 lb. truck takes 25%longer to stop than an 80,000 lb. truck anda 120,000 lb. truck can take as much as50% further before stopping than an80,000 lb. truck.”2 IRD provides both thetruck rollover and downhill truck speedadvisory systems to help decrease the prob-ability of these situations occurring. Bothsystems capture the truck’s speed, weight,height and type to calculate an appropriatespeed and to display a warning message tothe driver prior to the danger.

Overweight commercial vehicles alsocause damage to pavement infrastructure.A10% increase in axle overload can result in

up to a 45% increase in pavement damage.3

Pavement will become deteriorated andruts and potholes will form, increasing thechance of an accident. By enforcing vehiclecompliance, roadways will last longer andthe cost to maintain the roadway will bereduced. Both the Remote Control WeighStation and the Virtual Weigh Station canbe implemented in remote locations andbypass routes to enforce vehicle compliancewhere pavement performance has becomean issue. Both systems may incorporateWeigh-in-Motion, imaging cameras,license plate readers, and USDOT Readers.(See image 3.)

The IRD multi-disciplinary engi-neering team has provided advancedintegrated systems and traffic technolo-gies for over 30 years. IRD’s team hasdesigned and installed traffic planning,safety, and commercial vehicle enforce-ment systems throughout the world.IRD has engineering, project manage-ment and installation expertise to seeprojects through from planning to com-missioning, and has the field service andmaintenance teams to ensure that sys-tems continue to operate effectivelythrough their operational life.

If you would like more informationregarding IRD or any of its systems, pleasevisit IRD’s website: www.irdinc.com orcontact Roy Czinku at 306-653-6600.

INDUSTRY SPOTLIGHT

International Road Dynamics (IRD) Inc.: Providerof ITS Solutions to Improve Safety

NOTES1. Oregon Department of Transportation “Green Light” Emission Testing Project,

2008: http://www.oregon.gov/ODOT/MCT/docs/ GreenLightEmissionTest.pdf 2. A Synthesis of Safety Implications of Oversize/Overweight Commercial

Vehicles, December 2009, American Association of State Highway and

Transportation Officials. ISBN 978-1-56051-466-43. AASHTO 2002 Guide for the Design of New and Rehabilitated Pavement

Structures: http://pavementinteractive.org/index.php?title=ESAL

IMAGE 1 IMAGE 2 IMAGE 3

UPS recently inducted 1,122 driversinto its elite “Circle of Honor,” raisingthe number of active drivers who havesteered clear of accidents for 25 yearsor more to 5,248. The number of newinductees is the largest for any singleyear in the company’s history — up 21percent from last year — and includesthe first three from Puerto Rico. UPSbegan service in that U.S. territory in1985. In addition, 11 inductees fromGermany and seven from Canadamake this year’s international class thelargest to date.

Collectively, the 5,248 drivers havelogged more than 5 billion miles andmore than 147,244 years of safe driv-ing through their careers. That ’senough miles to circle the earth188,000 times.

“I congratulate the 5,248 UPS driv-ers who have achieved such an exem-plary safety record over the course of25 years,” said U.S. Rep. John L. Mica,R-Fla., chairman of the HouseTransportation and InfrastructureCommittee. “I also want to commendUPS for placing such a high priorityon public safety and the safety of itsemployees.”

Of the Circle of Honor members,283 have been accident-free for 35 ormore years, with 27 of those havingdriven more than 40 years without anaccident. UPS’s top safe driver in 2010is Ohio Valley District tractor-trailerdriver Ron “Big Dog” Sowder, who hasachieved 49 years and four millionmiles of driving without an accident.

“It’s an honor to lead this remarkablegroup of seasoned safe drivers,” saidSowder. “I’m not ready to stop just yet –50 years without an accident has a nicering to it.”

Last year, UPS implemented a banwithin its organization on text and e-mail messaging while behind thewheel, a proven cause of traffic crash-es. “Our training and our drivers’attention to details such as avoidingdistractions while driving all play apart in their remarkable record,” saidDebbie Gehricke, UPS’s corporatehealth and safety manager. “TheCircle of Honor is a testament to thedaily dedication that our drivers dis-play in keeping the roads a safe placefor everyone.”

However, the Circle of Honor pro-gram is just one of many safety initia-tives at UPS. Rather than being astand-alone piece of the puzzle, it ’ssomething that is part of the compa-ny’s fabric — a commitment to safetydating back nearly 100 years, accord-ing to UPS.

For example: In 2009, the companylaunched UPS Road Code, a safe-drivingprogram for teenagers through a partner-ship with the Boys & Girls Clubs ofAmerica; There are more than 3,900Comprehensive Health and SafetyProcess (CHSP) committees worldwideworking to improve the health and safe-ty of UPS employees. (More than 30,000CHSP members); In 2009, UPS allocat-ed $83 million for formal safety trainingcourses in more than 1,800 facilities, andemployees logged approximately twomillion hours in safety training.

Another feature of UPS’s safetyprogram is the innovative “Integrad”facility, which seeks to take intoaccount changing driver learningstyles and puts an emphasis on real-world strategies to avoid injuries andaccidents. Approximately 82 percentof UPS employees are involved in

freight and package handling, drivingmotor vehicles, or both. To performthese jobs safely, people need specificskills and abilities that maximizetheir performance while minimizingtheir exposure to injury. Currently,there are two Integrad facilities —one in Maryland and one in Chicago.Drivers are required to pass a rigorousweek-long class.

Circle of Honor, then, isn’t so mucha singular award, but more a reflectionof UPS’s culture. From the company’sfounder Jim Casey to the current CEOScott Davis, all managers at UPS placean emphasis on people building, andsafety is an obvious dimension to that.Unsafe roads and hazardous condi-tions, in addition to endangering thedriving public, also put the company’speople at risk.

UPS accident rates continue toimprove, and technologies that improvefuel/savings performance (for example:the elimination of left turns and routeguidance technology) have the simulta-neous benefit of increasing driver safetyas well.

All UPS drivers are taught safe driv-ing methods beginning on the first dayof classroom training, including thecompany’s comprehensive safety course,“Space and Visibility.” The training con-tinues throughout their careers.

More information on UPS’s commitment to safety is available at http://www.pressroom.ups.com/safety.

Video b-roll and a complete list by state of newCircle of Honor inductees can be found at the following link: www.upsprmedia.com/circleofhonor.zip

UPS’s Circle of Honor Program Not Only an Award, but a Reflection of Century-Long Safety Commitment

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NATM Votes to Make ComplianceVerification a Requirement ofMembership

AAMVA, IRP Recognize SignificantHighway Safety Initiatives with 2011Highway Safety Award forCommercial Motor Vehicles

The membership of the National Association of TrailerManufacturers (NATM) has unanimously approved a bylawsamendment making participation in NATM’s complianceverification program a requirement of membership for trailermanufacturers.

“This historic vote will change the face of our association,and our industry,” said incoming NATM President GaryPotter, EZ Loader Boat Trailers, Midway, Ark. “This newmembership requirement further demonstrates our industry’sdedication and commitment to improving trailer safety.”

The NATM compliance program evaluates the manufac-turing processes of members to verify that those processes aredesigned to build trailers in accordance with applicable fed-eral safety standards and regulations, as well as acceptedindustry practices. The compliance verification program,which is currently voluntary, is one of the benefits of mem-bership in NATM.

The cornerstone of the compliance program has been theeducation of trailer manufacturers and the publication of theGuidelines for Recommended Minimum ManufacturingPractices for Light- and Medium-Duty Trailers (Guidelines).The Guidelines, which are regularly updated, is a compilationof mandatory Federal Motor Vehicle Safety Standards andstate and federal regulations, as well as voluntary industrystandards and best-practices, collected into one document toprovide the membership with a “guide” to properly manufac-ture trailers. It has become the primary resource for the com-pliance verification program. A key focus of the complianceverification program is on the safety related items and com-ponents found on trailers, and the standards and regulationsthat govern them.

The membership adopted the change to its bylaws onFebruary 24, 2011, at its 23rd Annual Convention and TradeShow in Albuquerque, NM, and it becomes effective January1, 2012, when trailer manufacturers must participate in theprogram to be eligible for NATM membership. “Our volun-tary compliance program has grown to more than 80 percentof our membership” said Clint Lancaster, NATM TechnicalDirector, “and now that the membership has voted to makecompliance verification mandatory, it reinforces NATM’scommitment to safety in our industry.”

For more information contact NATM at (785) 272-4433or visit www.natm.com.

AAMVA and IRP, Inc. in cooperation with FMCSA areseeking nominations for the 2011 Distinguished ServiceAward for Commercial Vehicle Safety to recognize jurisdic-tions, jurisdictional agencies or individuals that have madesignificant contributions to improving highway safety involv-ing commercial motor vehicles and their drivers.

The intent of the award is to recognize those who have:• Significantly contributed to the reduction of commercial

motor vehicle fatalities or crashes• Significantly contributed to driver improvement in the

commercial motor vehicle arena• Improved data collection that allows for more accurate

monitoring of unqualified drivers, equipment and compa-nies

• Reduced fraud in the testing and/or licensing of drivers• Reduced fraud in third party testing organizations

Nominations for this award may be made on behalf of anindividual, agency or jurisdiction. Nominees might includeCDL testers, law enforcement officers or agencies, motorvehicle administration personnel or agencies responsible fordeveloping and implementing programs geared at improvinghighway safety in the commercial motor vehicle arena.

For additional information and an electronic version of thenomination from visit the AAMVA website at www.aamva.org/About/Awards/CommVehSafetyAwardWinners.htm, or con-tact Tim Adams by email at [email protected] or by phone at(502) 845-0398.

Nominations for the 2011 Award are due by July 22, 2011.

Fifteen states and the District of Columbiacurrently allow some use of medical mari-juana.1 Most of those states also providefor the cultivation of marijuana plantsunder limited circumstances. While statesthat have legalized medical marijuanarequire proof of residency prior to theissuance of a marijuana card, at least twostates will issue cards to out-of-state resi-dents. Thus far, the United StatesDepartment of Justice (DOJ) has present-ed no impediment to states opting to allowmarijuana use or possession for medicalpurposes. On March 19, 2009, UnitedStates Attorney General Eric Holderissued a press release indicating that itwould no longer be the policy of federalprosecutors to “prosecute patients.”2

With 30% of states and the DOJ shift-ing their view of marijuana from an illegaldrug to a medication, many employers arenow being forced to reconsider their inter-nal policies on drug use in the work place.To further complicate the issue, marijuanaremains listed as a Schedule 1 illegal narcot-ic.3 In other words, the DOJ decision not toprosecute individuals for growing or pos-sessing marijuana for purported medicaluse is an act of discretion and not a dictateof law. Employers must find the best wayto allow their employees to take medicationas prescribed or recommended while main-taining a safe work environment throughthe prohibition of drug use. This is a chal-lenge for businesses across the countryattempting to follow both state and federallaws. It may take years for the courts todetermine exactly what is and what is notpermissible as workplace policy.

For one group of employers, however,the path seems clearer. Motor carriers haveanother federal policy to consider.Following the DOJ policy announcement,the United States Department of

Transportation (DOT) issued its own state-ment. DOT sought to clarify the impactthat the DOJ policy regarding criminalprosecution of medical marijuana wouldhave on DOT’s mandated drug testing of“safety-sensitive transportation employees.”The statement indicated the DOT’s desireto “make it perfectly clear that the DOJguidelines will have no bearing on theDepartment of Transportation’s regulateddrug testing program. We will not changeour regulated drug testing program basedupon these guidelines to Federal prosecu-tors.”4 The policy statement noted that mar-ijuana remained a Schedule 1 narcotic underfederal law. It went on to warn MedicalReview Officers performing federally regu-lated drug testing that they should “not ver-ify a drug test as negative based upon infor-mation that a physician recommended thatthe employee use ‘medical marijuana’.”

The Federal Motor Carrier SafetyAdministration (FMCSA) position onmedical marijuana is consistent with theDOT policy prohibiting marijuana use byany safety-sensitive employee and the fed-eral governmental drug-free work placepolicy.5 The Federal Motor Carrier SafetyAdministration, through the Federal

Motor Carrier Safety Regulations pub-lished in the Code of Federal Regulations(CFR), promulgates regulations aimed atensuring the safest possible operation ofcommercial motor vehicles. Some regula-tions in Title 49 of the CFR address thequalifications states should require beforelicensing a commercial driver.

Regulations for physical qualification toreceive a commercial driver’s license(CDL) are established in 49 CFR 391.41.This section provides guidelines establish-ing who is and who is not medically quali-fied to hold a CDL. For instance, someonewith epilepsy, severe heart disease, hearingor vision loss, or other physical limitationswould be unable to qualify for a CDL.Within the context of 49 CFR 391.41, theuse of a controlled substance identified in21 CFR 1308.11, Schedule 1 (2010) wouldsimilarly prevent a driver from being con-sidered physically qualified.6 A narrowexception exists which would allow a driv-er taking a controlled substance prescribedby a doctor to hold a CDL. This exceptionwould only apply if the doctor is familiarwith the duties of a CMV driver and hasadvised the driver that the medication willnot affect his ability to operate a CMV.7 Inaccordance with 49 CFR 392.4, driversshall not “be on duty and possess, be underthe influence of…(a)ny 21 CFR 1308.11Schedule 1 substance.”The combined inter-pretation of these two CFR sections makesit clear that marijuana use, medicallyauthorized or otherwise, would not be per-missible for an active CDL holding driver.

The FMCSA’s website also addressesthe question of medical marijuana for com-mercial drivers. In the section of the sitethat addresses “Frequently AskedQuestions” about medical qualification, theFMSCA answers the question of whetheror not a driver taking medically recom-

CMV Operators Have More than Employment-Related Drug Screens to Consider When itComes to Medical MarijuanaBy Kristen K. Shea, National District Attorneys Association, National Traffic Law Center, Senior Attorney

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mended marijuana is physically qualified tohold a CDL. The FMCSA response statesunequivocally, “No. Drivers taking medicalmarijuana cannot be certified.”8 Medicalmarijuana seems to receive the same treat-ment as methadone. Regardless of whethereither substance is medically recommend-ed or prescribed, it will prevent a driverfrom qualifying for a CDL.9

Commercial motor vehicle operatorshave more than employment related drugscreens to consider. In addition to the fed-eral regulations, most states prohibitdrugged driving by any driver. Drivers maybe considered impaired by illegal or pre-scription drugs. CDL holders convicted ofdriving under the influence of drugs oralcohol or for refusing to submit to a lawenforcement officer’s request to submit todrug testing can be disqualified from oper-ating a commercial motor vehicle. The dis-qualification can run for a year up to life.10

This disqualification would occur whetherthe impaired driving occurred in a CMV orthe driver’s personally owned vehicle.

Commercial motor vehicle drivers,operators and the public have an interest inkeeping drivers impaired by marijuana fromgetting behind the wheel of large trucks andbuses. A 1990 National TransportationBoard survey on “Fatigue, Alcohol, OtherDrugs, and Medical Factors in Fatal-To-The-Driver Heavy Truck Crashes” deter-mined that just as many crashes werecaused by marijuana impairment as alcoholimpairment. NTSB Chairman, James Halloffered his analysis of that study stating that33% of drivers tested had some form ofcommonly abused drug in their blood withalcohol and marijuana both reflecting a13% positive result.11

Although there is little recent inde-pendent research to determine how manycommercial motor vehicle drivers are usingdrugs while on duty, a study some years agofound that the most commonly detectedillegal substance was marijuana.12 TheNational Institute on Drug Abuse (NIDA)indicates that “long-term marijuana abusecan lead to addiction” and that as many as9% of casual users and 25% of daily userscan become addicted. NIDA also reports

that such addiction or “compulsive drugseeking and abuse” occurs “despite theknown harmful effects upon functioning inthe context…work.”13

Classifying marijuana as a medicationinstead of an illegal drug will not neces-sarily lessen this risk. In fact, the Centersfor Disease Control reports that emer-gency room visits due to misuse of pre-

scription medication nearly doubledfrom 2004 to 2008. The bottom line foremployers, including motor carriers, isthat they must reassess their policiesconcerning marijuana use in the work-place. For employers of commercialmotor vehicle drivers, the guidance fromthe Department of Transportation willhelp make those policy choices clear.

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NOTES1. The National Conference of State Legislatures provides a complete list of state statutes authorizing

medical marijuana use at its website, www.NCSL.org. 2. The entirety of the press release can be viewed at the Department of Justice Public Affairs website;

www.justice.gov/opa/pr/2009/October/09-ag-1119.html. 3. 21 CFR 1308.11, Schedule 1 (2010).4. The entirety of the policy statement can be viewed at the Department of Transportation’s website;

www.dot.gov/ost/dapc/NEW_DOCS/ODAPC%20Medical%20Marijuana%20Notice.pdf.5. The Drug-Free Workplace Act of 1988 imposes the requirement of a drug-free workplace policy on

entities awarded large contract of any grant from the federal government. The drug-free workplacerule discourages the use any illegal narcotic or alcohol at the workplace.

6. 49 CFR 391.41(12)(i)(2010). 7. 49 CFR 391.41(12)(ii)(2010).8. http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faqs.aspx#question88.9. Within the 49 CFR 391.43, DOT Interpretations section, Question 4 indicates that prescription

methadone use is prohibited as a habit-forming narcotic that is not allowable for CMV drivers. 49CFR 391.43 (2010).

10. 49 CFR 383.51 (2010).11. “Alcohol and Other Drug Use in Commercial Transportation”, National Transportation Safety Board

Chairman James Hall.12. In his report, “Alcohol and Other Drug Use in Commercial Transportation”, National Transportation

Safety Board Chairman James Hall sighted an Insurance Institute of Highway Safety roadside surveythat found close to 30% of drivers tested positive for drugs in their blood or urine. Of those, the mar-ijuana, at 15%, was the most commonly detected substance, followed by stimulants at 12%.

13. “NIDA Info Facts” marijuana fact sheet issued by the National Institute on Drug Abuse. Additionalinformation regarding the use and abuse of marijuana can be found at the National Institutes ofHealth, National Institute on Drug Abuses website at www.nida.nih.gov.

Upcoming IRP Webinar on International Non-Apportioned Commercial Vehicle Agreement

On Tuesday March 29, 2011 at 2:00 pm eastern time IRP will provide a Webinar toinform the IRP and motor vehicle communities about the potential need for andthe ongoing development of a draft inter-jurisdictional agreement for those vehi-cles that are not eligible for apportioned registration under IRP or for those thatregistration with IRP is optional.

After completion of this webinar, participants will be able to:1) Recognize challenges faced by industry to meet registration requirements for

non-IRP vehicles. 2) Explain the need for a modern agreement to address light commercial vehicles

that operate outside of their base jurisdiction.3) Describe the key reasons the IRP Community is involved in the development of

a proposed agreement.4) Understand the key principles that would form the basis of a new agreement.

This webinar is aimed at jurisdictions, industry and the IRP community as awhole. It offers an opportunity to learn about the need for and principles of pro-posed agreement, ask questions and provide feedback. The webinar will also pre-pare participants for planned discussion of a draft of the proposed agreement atthe upcoming IRP Annual Meeting in May.

To sign up for this and other IRP Webinars, visit the IRP, Inc. website athttp://www.irponline.org/Education/Webinars/ to register.

PRESIDENTCapt. Steve DowlingCalifornia Highway Patrol

VICE PRESIDENT Maj. David PalmerTexas Department of Public Safety

SECRETARY/TREASURER Lt. Thomas KellyMaine State Police

CVSA Executive Committee, Committee & Program Chairs

REGION PRESIDENTS Region I Sgt. David MedeirosRhode Island State Police

Region II Capt. Bruce BuggGeorgia Department of Public Safety

Region III Maj. Mark SavageColorado State Patrol

Region IV Lt. Bruce PolleiUtah Highway Patrol

Region V Steve CallahanAlberta Transportation, Commercial Vehicle

Enforcement

LOCAL PRESIDENT Tom JacquesPittsburgh Bureau of Police

REGION VICE PRESIDENTS (Non-Voting)Region I Sgt. Raymond WeissNew York State Police

Region II Capt. Craig MedcalfOklahoma Highway Patrol

Region III Alan MartinPublic Utilities Commission of Ohio

Region IV Capt. Chris MayrantNew Mexico Department of Public Safety

Region V Reg WightmanManitoba Infrastructure and Transportation

LOCAL VICE PRESIDENTRobert MillsFort Worth Police Department

PAST PRESIDENTS Francis (Buzzy) France, Maryland State Police Darren E. Christle, Manitoba Infrastructure

and TransportationCapt. John E. Harrison, Georgia Department

of Public Safety

GOVERNMENT NON-VOTING MEMBERS William (Bill) Quade, Federal Motor Carrier

Safety Administration (FMCSA) William (Bill) Arrington, Transportation

Security Administration (TSA)Peter Hurst, Canadian Council of Motor Transport

Administrators (CCMTA), CRA ChairMauricio Hinojosa, Secretaria de

Comunicaciones y Transportes (SCT)Adolfo Spinola, Secretarìa de Seguridad Publica,

Policìa Federal Preventiva

ASSOCIATE NON-VOTING MEMBER Larry Bizzell, Chair Associate AdvisoryCommittee, FedEx Express

COMMITTEE CHAIRS

Associate Advisory Larry Bizzell Committee FedEx Express Driver-Traffic Enforcement Capt. Dan MeyerCommittee Kansas Highway PatrolHazardous Materials Capt. Bruce BuggCommittee Georgia Department of Public SafetyInformation Systems Capt. William ( Jake) ElovirtaCommittee Vermont Department of Motor VehiclesPassenger Carrier VacantCommitteeProgram Initiatives Sgt. William (Don) RhodesCommittee South Carolina State Transport PoliceSize and Weight Capt. Jay ThompsonCommittee Arkansas Highway PoliceTraining Committee Capt. Craig Medcalf

Oklahoma Highway PatrolVehicle Committee Kerri Wirachowsky

Ontario Ministry of Transportation

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PROGRAM CHAIRS

Level VI Inspection Carlisle SmithPublic Utilites Commission of Ohio

COHMED Capt. William (Bill) ReeseIdaho State Police

International Safety Team Capt. Bill DofflemyerMaryland State Police

Saved by the Belt Sgt. David MedeirosRhode Island State Police

Operation Safe Driver Lt. Col. Jack HegartyArizona Department of Public Safety

Operation Airbrake John MeedSaskatchewan Ministry of Highways and Infrastructure

Roadcheck Lt. Mike JunkinAlabama Depatrment of Public Safety

North American Inspectors Paul TamburelliChampionship (NAIC) Checkmark Vehicle Safety Services Inc.

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R A D I N S P E C T I O N N E W S

Level VI Classes Scheduled for 2011/12

Under a cooperative agreement with theU.S. DOE, CVSA has scheduled theLevel VI Classes for 2011 to certifyinspectors to conduct Level VI inspec-tions on all transuranic waste andHighway Route Controlled Quantities(HRCQ) of radioactive materials.CVSA provides Level VI training toinspectors who meet the prerequisite ofbeing Level I and HazMat certified.The following are the remaining classesscheduled for 2011:

n Salinas, KS–July 11-14

n Las Vegas, NV–August 22-25

n Sacramento, CA–October 17-20

n Austin, TX–November 7-10

n Phoenix, AZ–February 15-16, 2012Level VI “Train the Trainer” Course

Any state interested in hosting a class orneeds inspectors trained is asked to con-tact Larry D. Stern, Director Level VIProgram, at [email protected] or 301-830-6147.

RAD Inspection News is madepossible under a CooperativeAgreement with the U.S.Department of Energy.

Prospective Shipping Report

U.S. Department of Energy (DOE) Manual 460.2A encourages DOE programs to usethe Prospective Shipping Report (PSR) as a tool for providing affected states and tribeswith information to help them determine resources needed for inspections, emergencyresponse, and other activities.

Under the National Transportation Stakeholders forum, an ad hoc working groupwas established to develop recommendations for improving the PSR. The workinggroup’s discussions have led to plans for substantive improvements to future issues ofthe PSR, including a list of acronyms; maps of actual routes for transuranic waste ship-ments and representative routes for other shipments; and detailed information aboutthe purpose of the PSR and the steps states and tribes can take to obtain answers toquestions they might have. In addition, the new format will allow users to sort infor-mation according to start and end dates, as well as origin and destination. Hyperlinkswill be added to assist state and tribal personnel that wish to learn more about variousshipping activities.

For additional information, please contact Julia Donkin at [email protected] 301-903-5283.

Argonne Completes Shipment of Irradiated Test Specimens

Argonne National Laboratory completed a sin-gle shipment of Irradiated Test Specimens(ITS) to the DOE Idaho National Laboratoryin late fall of 2010. The ITS were originallyfrom fuel used in the reactors at the NationalReactor Test Bed, the forerunner of the IdahoNational Laboratory and Argonne West. TheITS were brought to Argonne NationalLaboratory in Illinois decades ago to allow forexamination and research so scientists andengineers could design more efficient reactorfuel. The Work was performed at Argonne’sAlpha-Gamma Hot Cell Facility where theITS were accumulated and stored.

Argonne made the Highway RouteControlled Quantity shipment in late fall 2010using an NAC International, Legal WeightTruck, steel-encased, lead-shielded Type Bshipping cask. The radioactive material waspackaged in three 6-inch containment vesselswhich are designed to be a leak-tight, hermeti-cally-sealed inner containment for the payload.

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CVSA’s Level VI Program, Ad HocRAM/Security/ITS Committee, pub-lished a report titled “Safety and SecurityTechnologies for Radioactive MaterialShipments” for the U.S. Department ofEnergy (DOE) in April 2011. The com-mittee was chaired by Capt. Bill Reese,Idaho State Police, other committeemembers were: Carlisle Smith, OhioPUC; Tom Fuller, New York State Police;Rion Stann, Pennsylvania State Police;Kelly Horn, Illinois EmergencyManagement Agency/ Division ofNuclear Safety; Larry Stern, DirectorLevel VI Program; and Toni Slavich,Battelle Seattle Research Center.

In 2009, DOE approached CVSALevel VI Program Committee and askedthe committee to conduct a study on tech-nologies that would benefit the safety,security, inspections, and tracking of DOEradioactive material shipments. The com-mittee made several site visits to look atcurrent and emerging technologies andworked with Battelle on the HM-04 proj-ect report titled “Emerging TechnologiesApplicable to Hazardous MaterialsTransportation Safety and Security.”

The Ad Hoc Committee membersreviewed the following current technolo-gies that they considered important tothe safety and security of radioactivematerial shipments:

• Detection Technologies• Authentication and Vehicle

Disabling• Tracking and Communications

Technologies• Electronic Vehicle Information

Technologies

The Ad Hoc Committee membersreviewed nine emerging technologies ofthe HM-04 project report with respectto the five technology applications areasimportant to the safety and security ofradioactive material shipments. Besidesapplicability to radioactive materialshipments they also considered the stateof technology development, availability,reliability, and cost. The results of theirevaluation by emerging technology cat-egory are:• Networked RFID/ubiquitous sensors

and cargo monitoring• Pressure gauges and chemical detec-

tion sensors• Fiber-optic/photonic sensors & opti-

cal scanners• Advanced locks and seals• Intelligent video tracking & surveil-

lance• Wireless power• Nanopiezoelectronics• Plastic thin-film organic solar cells• Container integrity

ConclusionsThe Ad Hoc Committee examined sev-eral current and emerging technologiesthat have potential to benefit the safetyand security of DOE radioactive materi-al shipments. The technologies wereevaluated for relevance to one or more offive application areas considered by theCommittee to have importance to thesafety and security of radioactive materi-al shipments. The conclusions of theCommittee with respect to the fiveapplication areas are as follows:• Inspection Technologies• Security Technologies

- Driver- Power Unit- Trailer- Shipping Casks

• Radioactive Material Dose RateMeasurement and IsotopeQuantification Technologies

• Shipment and Tracking Technologies(tractor, trailer, and individual casks)

• Electronic shipping PaperTechnologies

RecommendationsThe material reviewed to complete thisreport was vast. The technologies that wereexamined during this study are changing ona constant basis. Specific technologies thatare currently available and that the Ad Hoc

Safety and Security Technologies forRadioactive Material Shipments


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R A D I N S P E C T I O N N E W S

The American National Standard InstituteN14.36 Standard subcommittee submitteda draft of new American NationalStandard for Radioactive Materials-Measurement of Radiation Level andSurface Contamination for Packages andConveyances to the N14 StandardsCommittee on January 31, 2011 for ballot-ing. The purpose of this Standard is tominimize variability in radiation and con-tamination measurement processes, equip-ment use, training and qualifying opera-tors, and documenting and communicat-ing results. N14.36 defines and standard-izes uniform and consistent measurementsand how they are documented.

This Standard sets forth methods forradiation and contamination measure-ment for packaging and transportationof radioactive material by all transporta-tion modes and during all phases oftransportation activities; however, theStandard emphasizes he use of risk-informed graded approach in designingsurvey plans.

The N14.36 Subcommittee consistsof 33 experts from industry, non-govern-mental organizations, and Federal andstate regulatory and government agen-cies. DOE national laboratories, siteoffices, and the Headquarters Office ofWorker Safety and Health Policy andthe Office of Packaging andTransportation are also represented.

The Subcommittee has worked forthe last four years through meetings,conference calls, e-mails, and site visitsto develop this Standard. It has alsoconducted a survey of current industrypractices and received data from 21organizations. The Subcommittee con-sidered existing operating and adminis-trative procedures, methods, instru-ments, and industry and governmentprocesses. Certain basic general require-ments in the Standard are applicable toall radioactive material packages.

The Standard used a graded approachto design an optimum survey plan to ver-ify potential radiation or contaminationlevels, and meet prescribed regulatorylimits for all transportation operations.It provides the elements of a survey pro-gram specific to transportation (includ-ing survey design elements), instrumentselection and use, personnel qualificationand training, survey optimization, androles and responsibilities. It also includesprocesses, procedures, equipment, andtraining required for consistent, reliable,and reproducible measurements of radia-tion levels and surface contamination onand near radioactive material packagesand conveyances. On February 11, 2011,the N14 Secretariat sent the draftStandard and ballot to its members andrequested ballots be returned by March25, 2011.

CVSA’s Director, Chairman Level VI Program Served on ANSI N14.36 Subcommittee’s Four Year Project

Visit CVSA’s Level VI Website for Latest Reports and ProgramInformation for the most up-to-date information on CVSA’s Level VI Inspection

Program, latest reports, training schedule, public outreach schedules, and other

information. Also, you can ask questions concerning the Level VI Inspection Program

on the Level VI Online Forum (blog). Visit www.cvsa.org, click on Programs, and click

on the Level VI radiation symbol, and you are in the Level VI website.

Committee recommends for the safety andsecurity of radioactive material shipmentsare RFID, GPS, biometrics, seals and locks.These technologies have been tested, inoperation for some time, and have goodperformance records.

For future use, DOE needs to choosethe most reliable and promising tech-nologies. To make this process beneficialto all interested parties DOE needs to:• Involve the four regional state gov-

ernment groups in the overallprocess;

• Address all five technology applica-tion areas presented in the report;

• Pay special attention to shipmentsecurity and tracking. Stakeholdersare especially interested in trackingnot just the tractors, but the trailersand shipping casks as well;

• Make a special effort to involvestakeholders from states who cur-rently do en route inspections due tostate laws or policies. If these stake-holders are involved up front it mypay DOE dividends in the end byreducing and/or eliminating en routeinspections due to the technologiesused and accessibility by these stake-holders;

• Upgrade TRANSCOM to report inreal time dose rate measurements ofthe package; and,

• Follow the progress of the HMCRPProject HM-05 studying electronicshipping papers and obtain a copy ofthe final report for review and possi-ble implementation.

The complete report can be obtainedon CVSA’s website www.cvsa.org click onPrograms, then click on the Level VI radi-ation symbol and then you in the Level VIwebsite, look under reports updates.

DOT Final Rule, Hazardous Materials Regulation

Cask: TRUPACT-III

Manufacturer: ABW

Certification: U.S. Nuclear Regulatory CommissionCertificate Number 9305

General Description: A rectangular container used to transport transuranic waste in a Standard Large Box 2 (SLB2) by high-way trucks. The packaging is single-contained and comprisedof inner and outer stainless steel plates and polyurethane foamto protect against potential punctures and fire danger. Anoverpack cover is designed to protect the closure lid.

Package Type: B

Gross Weight: Package (maximum allowable loaded with contents): 55,116 lbs.Expected weight: 49,000 lbs.Approximate Empty Package: 43,630 lbs.Maximum Payload Weight: 11,486 lbs.

Overall Dimensions: Outer width of container: 8.2 feetHeight of container: 8.7 feetLength of container: 14 feet

Mode of Transport: One TRUPACT-III is transported on a custom designedtrailer for truck transport to WIPP. All shipments are trackedusing the DOE TRANSCOM satellite-based tracking andcommunication system. TRANSCOM users have access toshipping schedules, bills of lading, emergency response infor-mation, as well as real-time positioning for each shipment.

Loading: Front loaded in a horizontal position

Owner: U.S. Department of Energy

Certificate Holder: Areva Federal Services

44


Harmonization with International Regulations: The Pipeline and Hazardous

Materials Safety Administration (PHMSA) published a final rule in the

Federal Register on January 19, 2011 harmonizing Hazardous Materials

Regulations (HMR) with International regulations. PHMSA has amended

HMR to maintain alignment with International Standards, and incorporate

amendments, including changes to proper shipping names, hazard classes,

packing groups, special provisions, packaging authorizations, air transport

limited quantities, and vessel stowage requirements. PHMSA considers

these revisions necessary to harmonize HMR with recent changes made to

the International Maritime Dangerous Goods Code, the International Civil

Aviation Organization’s Technical Instructions for the Safe Transport of

Dangerous Goods by Air, and the United Nations Recommendations on the

Transport of Dangerous Goods-Model Regulations. The final rule does not

impact hazard Class 7 Radioactive shipments. However, it may have some

impact on other hazardous materials shipments. The voluntary compliance

date with the final rule is January 1, 2011.

TRU Waste Transportation Weight Summary Information

TRACTOR18,400 - 19,800 lbs.

TRAILER9,180 lbs.

LOADING1 Container per trailer

CASKNormal Weight 49,000 lbs.Empty Weight 43,630 lbs.

TOTALSEmpty: 72,610 lbs.Loaded: 77,980 lbs.

Note: The maximum allowable weight ofa TRUPACT-III container is 55,116 lbs,making a fully loaded TRUPACT-III ship-ment 84,096 lbs. A TRUPACT-III ship-ment is non-divisible, meaning parts ofthe shipment cannot be removed tolessen the weight. Therefore, over-weight shipping permits can beobtained and shipments made to WIPP.

TRUPACT-III Quick Facts

ABF Freight System, Inc.AMBEST, Inc.

Cambridge Systematics, Inc.Chesapeake Energy Corporation

Coach USACode Corporation

Compliance Safety Systems, LLCDATTCO, Inc.

DiSilva CompaniesGreyhound Canada Transportation

CorporationGreyhound Lines, Inc.

Intermodal Association of North AmericaJB Hunt Transport, Inc.

Landstar Transportation LogisticsNational Truck Tank Carriers, Inc.

New York State Motor Truck Association

Ohio Trucking AssociationOld Dominion Freight Line, Inc.

PrevostSYSCO Corporation

Tennessee Steel Haulers, Inc.United Motorcoach AssociationWal-Mart Transportation, LLC

YRC Worldwide, Inc.

Applus+ Technologies Arizona Trucking Association

Austin Powder CompanyContinental Corporation

DEKRA America, Inc.Great West Casualty Company

Groendyke Transport, Inc.HELP, Inc.

May Trucking Company

Mercer Transportation CompanyR+L Carriers, Inc.

Schlumberger Technology Corporation Specialized Carriers & Rigging Association

STEMCOTML Information Services, Inc.

Tyson Foods, Inc. Vehicle Inspection Systems, Inc.

A & R Transport, Inc.CheckMark Vehicle Safety Services, Inc.

International Road Dynamics, Inc.James Burg Trucking Company

J.J. Keller & Associates, Inc.RSC Equipment RentalU-Haul International

2011 CVSA SPONSORSDIAMOND

Academy Express, LLCAce Doran Hauling & Rigging, Inc.

Boyle TransportationBrown Line, LLC

ContainerPort Group, Inc. Daecher Consulting Group, Inc.

Dibble Trucking, Inc.

East Penn Mfg. Co., Inc.Hoffman Transportation, LLC

H.R. Ewell, Inc.Illinois Portable Truck Inspection, Inc.

Intercomp CompanyJames A. Turner, Inc.

Lynden, Inc.

Mid-West Truckers AssociationMr. Safety-Check Systems, Inc.

New Jersey Motor Truck Association Pitt Ohio Express, LLC

RegScan, Inc.The Besl Transfer Co.Warren Transport, Inc.

PLATINUM

GOLD

SILVER

BRONZE

CALENDAR OF EVENTS

BUDGET COMMITTEE MEETINGApril 10, 2011Chicago, IL

EXECUTIVE COMMITTEE MEETINGApril 10, 2011Chicago, IL

6TH ANNUAL FMCSA MCSAPLEADERSHIP CONFERENCEApril 11, 2011Chicago, IL

NORTH AMERICAN CARGOSECUREMENT HARMONIZATION PUBLIC FORUMApril 11, 2011Chicago, IL

2011 CVSA WORKSHOPApril 12 – 14, 2011Chicago, IL

ROADCHECK 2011June 7 – 9, 2011

SUMMER EXECUTIVE COMMITTEE MEETINGAugust 8, 2011Orlando, FL

NAIC 2011August 8 – 13, 2011Orlando, FL

BRAKE SAFETY WEEK 2011September 11-17, 2011

EXECUTIVE COMMITTEE MEETINGSeptember 25, 2011Chicago, IL

2011 CVSA ANNUAL CONFERENCESeptember 26 – 29, 2011Austin, TX

Presorted Standard

US POSTAGE

PAIDBALTIMORE, MD

PERMIT # 33616303 Ivy Lane, Suite 310Greenbelt, MD 20770-6319

RECOGNIZING THE BESTUNDERSCORING THE IMPORTANCE OF

COMMERCIAL VEHICLE SAFETY INSPECTIONS

S A V E T H E D A T E

AUGUST 8–13, 2011

CVSA Guardian 2nd Quarter 2011

Documents

Transcript of CVSA Guardian 2nd Quarter 2011