2024 Facts for Drivers PDF

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2024

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This document is a guide for truck drivers, outlining information, questions, and answers on trucking industry safety and security, including hazardous materials, first aid, and fire safety. It also provides an overview of the National Truck Driving Championships and related topics.

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, Safety Mana = gement Council R J.J. Kelley oo seh os rm catia AD aa rt og Me & Acs p...

, Safety Mana = gement Council R J.J. Kelley oo seh os rm catia AD aa rt og Me & Acs p lates, Inc.® J FACTS fer DRIVERS Information, Questions, and Answers on The Truck Driving Championships The Trucking Industry Safety and Security {Including Hazardous Matenals) First Aid, Health, Wellness, & Personal Safety Fire Safety Information on regulations, legislation, and laws included in this Facts for Drivers is current as of the time of printing. Changes in regulations, legislation, and laws which become effective following the printing of this publication will be incorporated into the next edition. — ou” A AMERIG aN ATA TRUCKING AS So CM rio ad RECEIPT I hereby acknowledge receipt of a copy of the 2024 Facts for Drivers. | agree to read this manual in the interest of learning more about the trucking industry and to improve my knowledge of safety and security principles and practices. (Drivers Signature) (Signature of Carrier Representative) (Date) {Name of Motor Carrer) Instructions: This receipt shall be read and signed by the driver to whom the book has been issued and shall be countersigned and dated by a representative of the motor carrier. The completed receipt shall be retained in the driver qualification file of the driver. Table of Contents FOR EWAR Dp A l THE CHAMPIONSHIPS oon. cooccccccc ccc ccccccsecessccusccuaceeeeseeesseceseeeseeeessesseeaseceseenneee Championships Eligibility Rules 0.0.00... tees c cee tteeeesscceeceaseesssceeneaseesseossneauees 4 THE TRUCKING INDUSTRY ooo. F AL Bret History 0... cssesccesnnneeceneassseseeessnsucceneaasscesecssseseesnauaseeneossseeseeeauauaenenassaes F ‘Trucking: A Mainspring of the ULS. Foomommy....w.......2.2..221...:cccceeceeeeseseeeeeeeees 11 Trucking: A Leader im Safety & Security... cece ccesessseceeusssecseesnseeceensuaas 13 Trucking: A Good Corporate Cite mh 0.0.0.0... cttcsenneseensssceceecussseceeeenneeceeneuaas 14 Trucking: Ome Natiomal Voice... ck cceeccesesseceeeesenneseennsssececusssecsessnneceeneuaas 15 Trucking and the Driver's Role in Building Public Relatpons...........000......... 15 * America’s Road Team 02.0.0... cccet cece eee teens anes eeeesaeeeeeensaaeeceesansaaeeeesnaueceeesaaes 16 @ Share the Road ween eee nee eee eee l7 « Combatting Human Trafficking 002.2200... ccceeeee cee ee te eeesnsneeeenneeeeeeeeees l7 Trucking: Government Relation... 0... ccccesecscetcseneeseeesssseceeeussseesesenaeaceenauaas l7 @ Trump Tames ae eee eee eee eee eee eee ee sees enna eee nu aee eeeeanuaaeeeeenueeeeesnas l? « Federal Repuilatioms wu... 222... cece eeeeeeeeeceee eeeeennsasneeeaeeeeceeeesnsnseeensaeeceeeaens 18 © State Re pulatiOms nn... cece eseneseeeennssececesssesesesansuccennassseseeessseuecenanaeseneeasens 20 Trucking: Classes & Types Of Carriers 220.000....0..ctcet tte cette te eeetee cena ence 22 Safety Repullatioms..u...........cccccccceccseseesesaneeneceeeseascesescesenssseeeseasenasceseneaseesecossnnases 26 0), 26 Se 0:10: a ae aaa 28 « Pre-Employment Screening Program (PSP%)...........0..cccccesesccenssscsceseceens 29 « Driver Qualifications! Paperwork q.000.. keke eet eeennnennnnnaeeneeeee 29 « Entry Level Driver Training (ELDYT) w200o. eect ceesenennneeeeceenne 33 «© Medical Certifpcates 22... ttt eee cette tenet tenes eee eeeennaaeeeeeennueeeeeeeae 33 « National Registry of Medical ExamimerS.....0.........cccccceteccsenesecenasesceecenns 33 « Drug & Alcohol Clearing House and Drug Testimg....00........cccsccccesesens 34 * Hours of Service (Hi) once 34 @ Seat Pelt occ cece cette cece cece ea ae eeeee cece ceeesaauceeeeaeeeeceeeesnsnseenasseeceeeasens 36) @ Lidad S@CuUrement... ccc cee eeee ce eee cess eens nese ceeeeseeeeeeeenaaeeceeeannaeeeeeeaueceeesaas 36) « Pre-Trip and Post-Trip Inspection 20.0.0... cece cc ccsssecesesssseseeessnsneeennsasscneeesens 37 « Walking/ Working Surfaces Stamdard ow... ee 38 « Electronic Logping Devices (ELD8) ou ee 39 « Advanced Driver Assistive Systems (ADAS) oo. ceeeeceeneseeeeeenene 40 ® Speed Mama ge ment... ccc seesccesennsacencessseeeessnssaccenausseesecassnesesnasaasees 4] @ SHOPPING Distance... cect ceeecee sess ceesenneceneesssseeeessnssaecensasseeeecassneseennsaasees 42 Se 00 wh) 6 enna nnn 43 « Defensive Driving... ceeee cess eeeeenne eeeeeeeeeeeeeesnnue ceeesaeseeeeeeesneseeensaaeees 43 @ Dtstracted Driving... ccte sees ceeeennecenensssseeecesnsuaceensnsseeeecasseeseenasaasees 48 COBCA: Safety nee eneeeeee eee nnnnnnnaeeneeneeeeneeeenentaasnnnannnuannnnneeenneee 51 SeOCUITITY Replat... ccccccsnnccsenneceeeeeeseceeesaasssssassnsuaceeneeceeeeeesessssuassnaauasaneeceeneeeees ¥5 Trucking Security Measures uw. eee eee eee eee eeentaeentnannnnannneeeeneeee 80 OBA: SOCUIFTLY.oeceeecce cette ce sennnaccsnsnessneecesseeesesenessasssssacsnsuacesoeseeeeessessssuassnauaasanseeeeeeeees 81 Hazardous Materials Regulations... ceeeeee eee ceeeeeesesesssecensnuceseeeeeeeeeeees 3 * Shippers ResponsiDy ity... cece ccc c cess ceeessseeseeesnsnaccensssscesecassneseseasaasees 8&3 * Carrier's Responsibility... cece cece esses ceeenessseeeeesnssaecensnsseesecassseseenasaasene 83 * Coast Of Violation... cece eee eee sne eeeeesnnu eneeesnseeeesssasuceeeaseaeceeeaueseees 83 « Reporting Requirement... 00.22...2eeeee eee eeeeee eee ensee eeeeeennneeeeaeeneseseeeeeeeee 4 @ SO@CUIITY PHAM woo. cccceee cect tseceeeeeessnsseesennuacnnecesaseseessnsuaecensasseeeeesssneseennaasees 85 TAMING eee cet eee eceesnneeceennuassnnenessssseeenuauecnneesaseeseeesdauaeeenausaceeecassseceennaaaseee 85 @ Load SeCurement. weet eee eee eee enone een a7 @ PrecautiOms «ou. eee ee cece eee cee eeeennae eeeeaeee cece snaaaceeesaeeeeeeeaesnsseeeesaaeees ay © Background Check ono... ccc sees ceesenneceeeessasaseeesnssaeeensusaeeeecassseseennsaaeees 88 O8cA: Tank Truck & HazMat. cccecccce eens ceeeeseeesceeeaecnsseensueseseesaseeseeeessaeeee OO) FIRST AID, HEALTH, WELLNESS & PERSONAL SAFETY.................. 116 Pir An eee eee ee eens eeesaesnsuennaaeeeeeeeceneeeeeneasaasstesssnueneeeeeeeeee 116 QOScA: First Ag oo... ceccc cette cesteeseaesneeceneeceeeseeessaasssussaaaeeneueeeeeeeeeecnsaasssiesssausneeeeeeaeees 144 Health, Wellness and Injury Prevention «202222... eeeeeeneeeeeeeeeeeeeeee 151 O&A: Health, Wellness and Injury Prevention...0.........c.ccccesseeeeceseseeseeneeeeeee LG OSoA: Fire Sahety oo. tee eee ene 163 COMMON TRUCKING INDUSTRY ACRONYMS FOREWORD ‘The professional truck driver today enjoys the position of being the safest, most knowledgeable and expert driver on America’s streets and highways. This Facts for Drivers manual recognizes that such a reputation is not easily attained or retained. To achieve and maintain this status, more is expected of professional drivers. They must have a thorough knowledge of, and training on, effective driving techniques and safe driving practices. They must be familiar with the ever-changing issues, regulations, and requirements soverning the industry and highways. They must have extensive on- the-road accident-free experience and a solid understanding of their vehicle, equipment, and pre-trip inspection procedures. Professional driver reputations and ultimately, the image of the truck- ing industry, rely not only on each driver's superior driving record but on the driver's professionalism which often requires patience, self-dis- cipline, and consideration of others on our nation's roadways. Facts for Drivers is intended to provide commercial vehicle drivers an overview of the trucking industry, safety and security rules, and other facts relevant to their profession. It also serves as an excellent study guide for those drivers preparing to compete in company, state, and national driving competitions such as the National Truck Driving Championships and National Step Van Driving Championships. ‘This book is not intended to cover all driving, safety, and compliance rules and regulations. The information included in this publication ts current as of the time of printing. Changes in regulations that be- come effective after this is printed will be incorporated into the next edition. We hope that all who read this have a long and safe career as a professional driver. THE CHAMPIONSHIPS Given that this Facts for Drivers is used as a primary study guide by those competing in Truck Driving Championships and Step Van Driving Championships, it seems appropriate to begin this publication with an introduction on the official Championships program, one of the most visible and successful safety initiatives of the trucking indus- try. This Championships program, without a doubt, influences tens of thousands of drivers annually to drive accident-free. Established by American Trucking Associations (ATA) in 1937 as the National Truck Roadeo, today’s Championships program provides professional truck drivers the opportunity to demonstrate their exceptional driving skill, knowledge, and professionalism at the company, state, regional, and national level — all qualities that make them leaders in their profession. The overriding objective of the Championships program is two-fold: (1) To provide an incentive for professional truck and step van driv- ers to perfect their craft and drive accident-free, and (2) To improve the media's and general public's image of truck driv- ers and the motor carrier industry. ‘The state and national competitions consist of a written examination, pre-trip inspection test, and skills test. Some state championships also include a personal interview, as discussed below. Written Examination — Tests a contestant’s general knowledge of the trucking industry, safety, security, health and wellness, and driving rules and regulations, as well as first aid and fire safety. All written exam questions are based on this edition of Facts for Drivers. Personal Interview — Assesses a contestant’s overall professionalism, work ethic, customer service approach, commitment to safety and security, and view of the industry and profession, as well as attitudes toward management, enforcement agencies, and the driving public, and knowledge of the industry. Pre- Irip Inspection Test — Challenges each contestant to locate mul- tiple defects and safety hazards that have been “planted” on a piece of equipment in 10 minutes or less, depending on the type of equip- ment. Skills Test — Tests each contestant’s ability to successfully maneuver a vehicle through six course problems designed to simulate the driving obstacles faced by professional drivers in everyday operations, such as parking, backing, maneuvering through tight spots, and other typical challenges. All skills test problems must be accomplished accurately and safely within a prescribed tume limit. Basic driving skills tests are useful for any driver who desires to umprove their ability to handle any type of vehicle in a confined space and hone their observation and perception skills. CHAMPIONSHIPS ELIGIBILITY RULES To participate in any ATA-approved Truck or Step Van Driving Championships, a driver must meet the guidelines set forth in the State and National Rules and Procedures for the Truck Driving Championships and Step Van Driving Championships (or “ATA TDC/ SVDC Rulebook” as it is also known), including, but not limited to the following criteria: l. Every driver entering a Truck or Step Van Driving Championships competition shall have a preventable accident-free record from the day immediately following the previous National Truck or Step Van Driving Championships until and including the date of the current year’s National Trucking Championships. To compete at state Truck or Step Van Driving Championships, an eligible driver shall have a preventable accident-free record from the day immedi- ately following the previous state or national competition until or including the date of the current year’s state Truck Driving Cham- pionships, the choice of which shall be determined by the State Truck Driving Championships Committee at tts sole discretion. Every driver entering a Truck Driving Championships competition shall meet the medical qualifications of the U.S. Department of Transportation (DOT) as set forth in 49 CFR 391.41 (Section 391.41 of the Federal Motor Carrier Safety Regulations). Drivers must submit evidence that they have obtained a valid medical certificate: « Has no loss of a foot, leg, hand, or arm, or has been granted a waiver: « Has no loss of fingers, impairment of use of foot, leg, fingers, hand, or arm, or other structural defect or limitation likely to interfere with safe driving, or has been granted a waiver; « Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, and field of vision of at least 70° in the horizontal meridian in each eye, or meets the standards in Section 391.44 for drivers with monocular vision; « Has the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber; « Has no established medical history or clinical diagnosis of diabetes mellitus currently treated with insulin for control, unless the requirements in Section 391.46 are met or the driver has been granted a waiver; « Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure; « Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with the ability to control and drive a commercial motor vehicle safely; « Has no current clinical diagnosis of high blood pressure likely to interfere with the ability to operate a commercial motor vehicle safely; « Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with the ability to control and operate a commercial motor vehicle safely; « Has no established medical history or clinical diagnosis of epilepsy or any other condition which ts likely to cause loss of conscious- ness or any loss of ability to control a commercial motor vehicle; « Can hear a forced whisper at not less than 5 feet or better, with or without a hearing aid; « Has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with safe driving; « Does not use amphetamines, narcotics, marijuana, and/or other habit-forming drugs and 1s not an alcoholic. The driver must hold a Commercial Driver's License (CDL) with proper endorsement for the class of competition entered. The driver must be fully authorized and qualified to operate the vehicle being used for the competition on the roadway. Except as otherwise provided, a driver eligible for a Champion- ships competition shall be continuously employed by the entering employer for at least 12 months prior to entry in each such event and shall have driven and performed the duties of a professional truck driver for 11 of the 12 months prior to entry. Consult the most current ATA TDC/SVDC Rulebook for a more detailed definition of “driven and performed the duties of a professional truck driver,’ as well as other special considerations. 5. Drivers may participate in only one class of competition (e.g., step van, straight truck, three-axle tractor semi-trailer, four-axle tractor semi-trailer, five-axle tractor semi-trailer, five-axle sleeper, flatbed, tank truck, auto-hauler, or twin-trailers) and in only one state competition during any given calendar year. These and other eligibility requirements apply to all levels of ATA- approved Championships competition: state, regional or national. For a complete listing of eligibility criteria, consult the ATA TDC/SVDC Rulebook. Winners of the state Championships are automatically eligible to be entered into the ATA National Championships where they compete for the title of “National Champion” in their class. NT DC contestants also compete for special awards and the ultimate title of “Grand Champion.” Of course, if a state winner has an accident, transfers toa non-driving job, changes employers, attempts to commercialize on their winning of the state championship, or does anything that may be considered detrimental to the trucking industry or the Champion- ships program, the driver may be disqualified from competition in the ATA National TDC/SVDC. Ifa driver is eligible to enter a state Championships, the first step to competing is to file the official entry and release form. A driver's employer may obtain the form on the driver's behalfby requesting it from the applicable State Trucking Association. THE TRUCKING INDUSTRY A Brief History Early 1900s Trucks with gasoline powered internal combustion engines begin replacing horse-drawn wagons to deliver goods from railheads to markets and end users. At this time, trucking had a limited reach due to the lumitations of the trucks and roads, and thus was concentrated in urban areas. 1919 During World War I, the number of trucks in use in the United States went from 100,000 to over 1,000,000. Trucks became larger and began extending their range as innovations such as pneumatic tires were incorporated into the industry and the road network began to improve. Also in 1919, Lieutenant Colonel Dwight D. Eisenhower led one of the first coast-to-coast truck movements. The trip went from Washington D.C. to San Francisco, CA, and involved 282 soldiers and 67 wehicles (21 of which did not complete the trip). Many of the soldiers were engineers who were needed to build and repair roads and bridges along the way. The trip took 62 days (about 2 months) and followed the path known as the Lincoln Highway (later called U.S. 30). The trip highlighted the need for a nationwide road network. 1924 The diesel engine was introduced, improving the power and efficien- cy of trucks. 1935 Congress passed the Motor Carrier Act of 1935. ‘This led to the Interstate Commerce Commission, or [CC, taking oversight over the trucking industry. The [CC regulated rates and the routes carriers were authorized to operate on, oversaw the safety regulations, and put the first hours-of-service regulations into place. 1945 Trucking became a vital mode of freight transportation during World War IT. ‘This was due to a significant increase in the need to transport goods for the war effort and the flexibility provided by the trucking industry. 19536 President Dwight D. Eisenhower signed the Federal Highway Act establishing the interstate highway network. This road network allowed trucks to travel further, faster, and safer, and increased their share of the nation’s freight movement. 1966 The U. S$. Department of Transportation (DOT) was created and assumed control of all transportation matters, including regulating the safe operation of commercial vehicles. 1980 The Motor Carrier Act of 1980 was signed into law, deregulating the trucking industry. Asa result, carriers were free to openly compete for customers. This was due to elimination of the regulations restrict- ing the rates a carrier could charge, the commodities a carrier could haul, the routes a carrier could travel, and the geographic regions a carrier could operate in. Also in 1980, the Commercial Vehicle Safety Alliance (CVSA) was created. This is the organization that standard- izes the roadside inspection procedures and criteria, and that oversees the North American Out-of-Service Criteria (OOSC). 1982 The US. Surface Transportation Assistance Act of 1982 established funding for state motor carrier enforcement programs. This fund- ing allowed states to dedicate resources and officers to enforcing the motor carrier safety regulations. 1986 The Commercial Vehicle Safety Act of 1986 created nationwide testing and qualification standards for issuance of commercial drivers’ licenses, or CDLs. 1988 Rules requiring drug testing were added to the safety regulations. Rules for alcohol testing were implemented in 1994. 1990 ‘The number of motor carriers authorized by the DOT doubled to more than 40,000 active carriers when compared to 1980. During the 1980's, the flexibility created by deregulation led to the development of the pust-in-tume (JIT) logistics model. Under this model, manu- facturers and retailers were able to lower inventory levels, lowering overhead. Also during the 1980's, trucking increased tts share of U.S. freight movement. Asa result, nearly every good consumed in the U.S. moves on a truck sometime during its life cycle. That has led to trucking hauling over 72 percent of all freight transported in the U.S. 1991 ‘The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA, pronounced “Ice Tea”) did away with “bingo cards” (authority registration cards) and established nationwide standards for truck sizes and weights. 1994 The North American Free Trade Agreement (NAFTA) between Mexico, Canada, and the United States went into effect, expanding international trade among the three countries. Part of NAFTA involved making it easier to conduct cross-border trucking opera- tions. As a result of this, the NAFTA Trucking Demonstration Project ran from 2007 to 2009. This program allowed Mexico-based carriers to operate in the U.S. In 2011, the program was restarted under a “Concept Document.” The current program was later formalized as part of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and frag Accountability Appropriations Act, 2007. 1995 The [CC was formally abolished, and its remaining responsibilities were transferred to the Surface Transportation Board (STB). 1998 The Transportation Equity Act for the 21st Century (TEA-21) required states to lower the breath-alcohol content level for intoxication to 0.08. This Act also established the Motor Carrier Safety Assistance Program (MCSAP) to better disperse funds for state enforcement of CM’ safety and hazardous materials regulations. In part, MCSAP regulations require states to have motor carrier safety regulations that are compatible with the federal regulations. Finally, TEA-21 estab- lished the procedures used to shut down carriers proven to be unsafe or non-compliant. 1999 The Motor Carrier Safety Improvement Act of 1999 moved all motor carrier safety oversight responsibilities from the Office of Motor Carriers within the Federal Highway Administration (FHWA) to the then-newly created Federal Motor Carrier Safety Administration (FMCSA), an agency within the U. 5. DOT. The FMCSA officially began operation on January 1, 2000. 2015 The Fixing Americas Surface Transportation (FAST) Act required FPMCSA to establish a Drug and Alcohol Clearinghouse to track drivers that were caught violating the drug and alcohol regulations, implement electronic logging devices (ELDs), and develop new entry-level driver training requirements. 2017 Negotiations began on the U.S.-Mexico-Canada Agreement (USMCA), which was fully implemented in 2020. This updated and 10 replaced NAFTA. Under NAFTA and the USMCA, trucking has dominated cross-border trade. In 2022, 61.9 percent of the value of trade with Canada and 83.5 percent of the value of trade with Mexico was transported by trucks. 2021 The Infrastructure Investment and Jobs Act (IIJA) was passed, and it requires FMCSA to: « Develop automatic emergency braking regulations, Incorporate the rear-impact guard into the annual inspection requirements for trailers, Develop an apprenticeship pilot program for 18- to 20-year-old drivers, and Complete a large-truck crash causation study. 2022 According to the U.S. Department of Transportation, as of April 2023, there were over 750,000 active US motor carriers that own or lease at least one tractor. Trucking: A Mainspring of the U. S. Economy Over time, there have been a number of slogans that have captured the essentiality of trucking; for example: “Trucking Delivers Ameri- ca, “Good Stuff, Trucks Bring It,” and, most recently, “Trucking Moves America Porward.” ‘There is no doubt that the trucking indus- try can be justly called a mainspring of the U.S. economy. After all, practically everything we eat, wear, or use is delivered by truck. Since a nation’s progress is inevitably tied to how efficiently and effectively it transports its goods and people, much of the success of the American way of life is due to motor carriers and their drivers. Trucks of every type are serving Americas farms, homes, and indus- tries, performing a complete door-to-door transportation service entirely on their own or joining with other modes of transportation in hauling nearly everything we need. No American home ts too remote to share in the nation’s production. Li Trucks perform a distribution service that cannot be duplicated by any other form of transportation. Trucks have the advantage of flexibility which does not appear likely to be challenged. ‘Throughout the country, the motor carrier is the important link 1n the transporta- tion of virtually all commodities. After all, over 30% of all U.S. communities rely exclusively on trucks to deliver their products and goods. Although other forms of transportation play an important role in the transport of materials and people, each is necessarily limited in its operation. Cargo transported by railroads, ships, and airplanes, for example, ultimately must be hauled by truck to reach its final destina- tion. The motor truck ts the only direct means of transport to many warehouses, stores, and consumers doors. Important advantages of the motor truck are: Flexibility - Trucks can go virtually anywhere on our roads and streets. In fact, in 2021, commercial single-unit and combination trucks traveled 327.48 billion miles, while combination trucks alone logged 195.62 billion miles for business purposes. In the same year, combination trucks drove an average of nearly 80,000 miles, although many long-haul Class 8 tractors travel around 100,000 miles each year. Versatility - Any number of trucks can be used at any given time for a specific haul. Trucks are available in all types, shapes, and sizes. Many of them are specially designed to carry a specific product or class of products, and many of them are adaptable to another, but similar, class of product. Efficient Delivery - On average, trucks are more efficient than rail transport. This greater efiiciency is due to easier pick-up and delivery as well as trucking’s ability to pick up and deliver door- to-door. This, coupled with regular delivery schedules, allows much lower stockpil- ing by manufacturers and merchandisers. Goods can be ordered as needed, freeing capital that would otherwise be frozen in inventory — something all businesses desire. In other words, trucks are a more efficient means of transport. Protection - Truck cargo requires less packing and handling, which reduces packing expenses. This feature also results in less damage and Iz pilferage. All of this means savings to shippers and their customers. Essentiality - The dynamic motor transport industry has accepted its responsibility as an essential force in the continued expansion of America’s mass production and distribution system, and is constantly striving to develop better service and equipment to support a growing America. Trucking: A Leader in Safety & Security According to figures from FMCSA, U.S. truck drivers’ ability and commitment to avoid and reduce crashes resulted in a 34% decrease in the number of fatal or injury crashes per 100 million vehicle miles traveled by large trucks between 2000 and 2020. What makes this decrease so astounding ts that since 2016 the National Highway Traffic Safety Administration (NHTSA) umple- mented changes to revise vehicle classification based on gross vehicle weight rating (GVWR), which reclassified 329 light pickup trucks as large trucks. Without the reclassification, the trucking industry's overall crash statistics would be even lower. Motor carriers, in cooperation with their state and national associa- tions and law enforcement, carry on year-round multiphase safety and security programs related to driver selection, training, and supervision. Trucking safety and security professionals are con- stantly evaluating their existing and new safety and security practices, technology, and training. Many states’ cooperative highway safety patrols report unsafe practices or exceptionally good performance by truck drivers. Professional drivers are carefully selected for judgment, responsibility, and skill, among other qualities. Many of today’s vehicles are equipped with the most modern safety devices and all equipment is, and must be, regularly inspected and kept in good repair. To further reinforce the importance of safety and security, the Truck Driving Championships, Step Van Driving Championships, and other awards and recognition programs are held on a local, state, and national level, during which drivers earn respect and awards for their skill in handling their vehicles and for their safe and secure driving achievements. 13 ‘The trucking industry also cooperates with state, local, and federal officials as well as organizations like the National Safety Council, universities, and other entities that study and teach safe and secure practices and provide related tools. Altogether, this collaboration produced an outstanding safety and security record for the industry. Trucking: A Good Corporate Citizen Truck drivers are instructed to cooperate with motorists to make highway travel safer and more pleasant. The trucking industry's year-round safety and courtesy campaigns stress, for example, that truck drivers should pull to the right, if possible and safe to do so, to allow motorists to pass, particularly on hills. ‘They should also avoid creating moving traffic blockades. Even before the general public and government became concerned about environmental impact and energy conservation, the trucking industry was working to reduce fuel consumption and the noise and smoke created by some truck engines. Truck drivers do their part as good citizens by observing and reporting cases of vehicle breakdowns, accidents, and other difficulties as well as alerting law enforcement authorities to suspicious, erratic, and dangerous behavior and situations. Hundreds of letters are received annually by truck operators across America praising drivers for acts of courtesy, courage, and helpfulness toward the motoring public. Trucking: One National Voice The trucking industry is represented nationally by American Trucking Associations, Inc. (ATA). ATA ts a federation of motor carrier mem- bers, industry suppliers, 50 state trucking associations (each represent- ing all classes and types of truck operations within their specific state), five afhliated conferences (each representing a type of truck operation), five councils (professional societies comprised of individuals with specific job functions, such as safety, maintenance, security, etc.), and the American Transportation Research Institute. ATRI, as it is also known, has been engaged in critical transportation studies and tests since 1954. Asa non- profit, ATRI is dedicated to conducting and 14 supporting research on trucking’s essential role in a safe, efficient, and viable transportation system. ATA ts headquartered in Washington, D.C., with a separate office on Capitol Hill. ATA’s mission is: - To serve and represent the interests of the trucking industry with one united voice; ¢ To positively influence federal and state governmental actions; > To advance the trucking industry's image, efficiency, competitive- ness, and profitability; « To provide educational programs and industry research; - To promote safety and security on our nation’s highways and among professional drivers; and ¢ To strive for a healthy business environment. ‘The departments into which ATA ts divided support tts mission and include: Office of Public Affairs; Image & Outreach; Legislative Affairs; Law; Policy & Regulatory Affairs (including Safety, Security, Opera- tions, Highway, Cross Border, Environmental, Engineering, Govern- ment Trafic, Workforce Development, etc.); Federation Relations & Strategic Planning; Economic & Statistical Analysis; the Conferences (Agricultural and Food Transporters Conferences; Automobile Carriers Conference; Government Freight Conference; Intermodal Motor Carriers Conference; and Moving and Storage Conference), as well as the Councils (National Accounting & Finance Council; Safety Manage- ment Council; Transportation Security Council; Technology & Mainte- nance Council; and Women in Motion Council.) ATA 1s also the headquarters for Transport Topics, the weekly newspaper of the trucking industry. Trucking and the Driver’s Role in Building Public Relations The trucking industry is the most vital part of our entire nation’s transportation system. Without trucking, the economy would screech to a grinding halt. Without the 3.5 million truck drivers transporting goods safely and efficiently in the U.5., there would be no industry. To say that everyone in the United States relies on the merchandise delivered by America’s truck drivers is true but not 15 enough in the modern arena of public opinion. ‘Today, the profession- al driver must not only move America physically, but also psychologi- cally. A driver's ability to drive crash-free, provide quality and timely service, represent the industry professionally, and demonstrate the essentiality of trucking are now all critical to public perception and the health of the industry. It is because of the professional truck drivers’ superior performance and professionalism that the public still has a positive overall view of CMV drivers. For most Americans, the driver represents trucking and is the most visible symbol of the industry. A driver's actions behind the wheel form a lasting impression on the motoring public. The public's opinion, and thus, the industry's reputation, affects the way govern- ment officials regulate the industry, including operational require- ments and limitations, fees and taxes, and the ability to gain access to certain roads and highways. Ultimately, the industry's reputation affects its ability to grow and prosper. To overcome negative percep- tions, the industry relies on each truck driver's superior driving abilities, professionalism, and courtesy at all times. America’s Road Team Further helping to bolster the industry’s image is America’s Road Team. Created by American Trucking Associations in 1986 and sponsored by Volvo Trucks, this national public image and outreach program is led by a team of professional truck drivers with superior driving and communication skills, remarkable safety records, and a strong desire to educate fellow motorists and the general public on highway safety and the trucking industry. Millions have heard the Road Team motto: “Safety is our driving concern.” America’s Road Team Captains, most of whom have million-mile, accident-free driving records, take a few days each month away from their truck driving jobs to travel and speak on behalf of ATA and the industry to the media and public. They conduct news interviews and hold safety talks before diverse groups including students, senior citizens, businessmen and women, and fellow truck drivers, during which they share their experiences and safety successes. Road Team drivers address transportation issues from their unique perspective and promote the trucking industry's overall commitment to improving highway safety. 16 Share the Road Because one life lost in a trafic accident is one too many, American Trucking Associations Share the Road program its dedicated to reducing the fatality and accident rates on Americas roadways. This national safety outreach effort seeks to educate all motorists about how trucks and cars can safely share the road. The Share the Road program engages a team of professional truck drivers known for their safe driving records to conduct safety demon- stratpons to the media in an effort to reach the driving public through TY, radio, print, and online. Representatives from State Trucking Associations, ATA member companies, and law enforcement are also enlisted to help communicate the Share the Road lifesaving messages to hundreds of towns and cities, and millions of motorists annually. By providing highway users with tips on how to drive safely around trucks, the ATA Share the Road program ts helping to reduce accidents and save lives. In fact, U.S. DOT reports have credited programs like Share the Road with the significant reduction in truck-related fatalities over the past decade. The Share the Road program has been in existence for over 20 years and replaced the highly successful How to Drive program, a partner- ship with the Federal Motor Carrier Safety Administration. Combating Human Trafficking ATA and its member companies are leading an industry-wide effort to help end human trafficking. ATA encourages all of its member companies to provide anti-human trafficking training to their drivers and staff, and to implement and enforce zero-tolerance policies related to human trafficking and commercial sex activities. Trucking: Government Relations Truck Taxes The trucking industry's support of America goes beyond transporta- tion and highway safety and security. It is also a huge revenue generator for federal, state, and local governments. Commercial lL? trucks paid $34.89 billion in federal and state highway-user taxes in 2021. Of that total, $18 billion was paid in federal highway-user taxes by the trucking industry in 2021. The total consisted of: « Diesel taxes: 58.3% « Federal use taxes: 6.0% « Gasoline taxes: 9.9% « Retail truck taxes: 22.6% « Tire taxes: 3.3% States collected $16.77 billion in total highway-user taxes, with $13.7 billion contributed to commercial truck diesel taxes. In addition, for a typical five-axle tractor-semi-trailer combination, a carrier pays a federal excise tax on new equipment and tires, federal and state fuel taxes, a federal heavy vehicle use tax, a state registra- tion fee, and various other state and federal fees and taxes. In January 2023, the average cost in taxes for a 5-axle tractor- semitrailer combination was $7,745. Oregon collected the highest average tax, $22,508, among the 50 states and the District of Columbia. Alaska collected $1,783 on average in taxes on a typical 5-axle tractor-semi- trailer combination, the lowest average tax in any state. Federal Regulations As stated previously, interstate trucking came under the control of the federal government in 1935 with the passage of the Motor Carrier Act. At that time, federal control over rates, routes, operating territory, and operating procedures of interstate for-hire motor carriers was vested in the Interstate Commerce Commission (ICC) which then issued its Motor Carrier Safety Regulations. In 1967, control over interstate motor carrier safety, including such regulations, was transferred to U.S. DOT which ts led by a presidential appointee known as the Secretary of Transportation and is currently divided into 10 operating administrations, four of which are directly or indirectly related to trucking. The four are: The Federal Motor Carrier Safety Administration (FMCSA), established on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999, administers the Federal Motor Carrier Safety Regulations (FMCSR). These safety regulations are 15 the primary regulations motor carriers must comply with. They cover company requirements (safety management, registration, authority, insurance, etc.), vehicle marking, driver licensing and qualifications, safe driving, parts and accessories, hours of service, vehicle inspec- tion and maintenance, etc. FMCSA has also issued standards for state safety programs, and the state regulatory and enforcement bodies have, for the most part, adopted them as their own. The Pipeline and Hazardous Materials Safety Administration (PHMSA), created in 2005, is responsible for hazardous materials transportation and safety. This agency oversees the Hazardous Materials Regulations (HMRs). These are the regulations carriers and drivers transporting hazardous materials must obey. Topics covered by the HMBRs include registration, naming and classifying hazardous materials, shipper’s responsibilities, and package and tank specifica- tion and testing. Also in the HMRs are specific requirement for carriage by rail, aircraft, water vessels, and highway vehicles. The National Highway Traffic Safety Administration (NHTSA), established in 1970, provides education, research, safety standards, and enforcement activity for the purpose of saving lives, preventing injuries and reducing economic costs due to traffic crashes. Under its authority, NHTSA issued the Federal Motor Vehicle Safety Standards (FMVSS), which set forth minimum safety performance require- ments for motor vehicles or items of motor vehicle equipment with which manufacturers must comply. All new vehicles must comply with the FMVSS when built, and many of the FMVSS requirements have been adopted into the FMCSRs, requiring commercial vehicles to be in compliance with them when operating on the roadway. The Federal Highway Administration (FHWA), one of the first admin- istrations to be created under U.S. DOT on October 15, 1966, has broad responsibility for ensuring that America’s roads and highways (physi- cal infrastructure) continue to be safe and technologically up to date. Another agency that has regulations affecting the trucking industry ts the Environmental Protection Agency (EPA). EPA regulations affecting the trucking industry include emissions limits on soot and waste gases (such as NOx and CO2), and the required use of Ultra Low Sulfur Diesel (ULSD). 1o State Regulations Both interstate and intrastate trucking operations are subject to many types of state regulations — tax, environmental, and safety, to name just a few. State Authority: On January 1, 1995, the Federal Aviation Administra- tion Authorization Act of 1994 went into effect. It prohibits States from enacting or enforcing any law or regulation affecting the prices (rates), routes, or services of any motor carrier of property (except household goods). That same law, however, permits States to continue to regulate motor vehicle safety, including the transportation of hazardous materials (as long as the state regulation is consistent with the federal hazmat regulations). It also permits States to control routing based on the size and weight of vehicles, and financial responsibility (insurance). In addition, states may also enact laws and regulations governing cargo liability, extension of credit, bills of lading, classification, mileage guide and joint line rates, but these “economic” laws can be no more burdensome than federal laws and/ or regulations addressing the same subject and may only apply to carriers who elect to be subject to them. State and city ordinances may also govern speed limits, idling, mud flaps, and parking on ramps. ‘The constitutionality of whether the federal government could prohibit states from enacting/enforcing such pricing, route, or service laws was upheld by the U.S. Court of Appeals for the 10th Circuit and later by the U.S. Supreme Court in February 2008. State Taxes; Every state taxes the operations of motor carriers, both inter- and intrastate, through highway taxes such as vehicle registra- tion fees and fuel taxes and through general business taxes like sales and corporate income taxes. Depending on the type of carrier operation, drivers may have substantial tax compliance respomsi- bilities, including the creation of trip reports for mileage and fuel tax records, and the proper presentation of tax and registration creden- tials for the states in which they travel. Business taxes are becoming more complex for motor carriers as technology and laws change. Currently, carriers can expect to pay business taxes in states other than their domicile state, generally 20 based on a formula incorporating the mileage percentage calculated for other (registration) purposes. Environmental Requirement: In addition to new federal diesel engine emission requirements, many states have or are adopting environ- mental regulations which also affect trucking operations. These regulations include such matters as idling reduction, diesel engine retrofits, transport refrigeration unit upgrades, alternative fuel mandates, and roadside smoke inspections. The increased focus on climate change and the “greening” of businesses will result in contin- ued efforts to advance environmental regulations directed at the transportation sector at both the state and federal levels far into the foreseeable future. It will also spur research and testing of alternative fuels such as natural gas. Commercial Driver Licenses: As previously noted, the Commercial Motor Vehicle Safety Act of 1986 set minimum, mandatory national standards for states to follow when issuing a CMV driver's license. The regulations that pmplemented this Act are found in 49 CFR Part 383. As a result of these regulations, drivers of certain CMVs have been required to have a CDL in order to drive a CMV. Then, based on the Motor Carrier Safety Improvement Act of 1999, FMCSA went a step further and issued regulations to address a number of licensing issues: (1) disqualification for driving while suspended or disqualified, or for causing a fatality; (2) emergency disqualification of drivers posing an imminent hazard; (3) expanded definition of serious traffic violations; (4) extended driver-record check; (5) new notification requirements; (6) a prohibition on “mask- ing” by requiring convictions to be made available to authorized parties; and (7) disqualification for violations obtained while driving a noncommercial motor vehicle. Law Enforcement: Virtually all states have adopted the provisions of the Motor Carrier Safety Assistance Program (MCSAP), so that federal safety regulations now have the force of state as well as federal law. Administered by FMCS.A, MCSAP enables state enforcement personnel to monitor the compliance of both inter- and intrastate CMs with a uniform set of safety regulations. Under MCSAPB, uni- form roadside driver and vehicle safety inspections, traffic enforce- ment, compliance reviews, and the like are eligible for federal funding. ral | To ensure that large trucks and buses driving on the nation’s roadways are operating safely, trained inspectors in each state inspect com- mercial motor vehicles based on procedures and criteria created by the Commercial Vehicle Safety Alliance (CVSA). The criteria and procedures known as the North American Standard Inspection Program describes the 8 level of inspections: « Level I - North American Standard Inspection e® Level I - Walk-Around Driver/Vehicle Inspection * Level III - Driver/Credential/ Administrative Inspection « Level IV - Special Inspections « Level V - Vehicle-Only Inspection « Level VI - North American Standard Inspection for Transuranic Waste and Highway Route-Controlled Quantities (HRCQ) of Radioactive Material « Level VII - Jurisdictional Mandated Commercial Vehicle Inspection « Level VIII - North American Standard Electronic Inspection Typically, inspectors conduct 3.0 to 3.5 million inspections annually. However, only 2.58 million roadside truck inspections were conduct- ed in 2020, a 23% decrease from 2019. The decrease in inspections is attributed to the COVID-19 pandemic. However, in 2021 there were 2.88 million inspections completed and that number increased to 2.99 million in 2022, indicating a return to a more traditional number of inspections. Trucking: Classes and Types of Carriers The U.S. trucking industry is comprised of more than 750,000 active motor carriers; about 95.8% operate 10 or fewer trucks and 99.7% operate 100 or fewer. Approximately 13.86 million trucks (all classes) were registered for commercial use in 2021. Motor carriers fall into two other broad categories: “private” and “for- hire.” Private carriers are those shippers, manufacturers, merchants, and others who use their own vehicles or leased trucks under their direct Zz control for moving their own goods. ‘Their principal business activity is something other than transportation. For-hire carriers are those trucking companies providing transporta- tion of freight owned by another party. For-hire operations are of several types: interstate, intrastate or local. Most intrastate trucking, and even some local operations, will involve interstate commerce, and thus usually come under federal regulation by FMCSA. Traditionally, motor carriers have engaged predominantly in either local or intrastate operations. As a generally accepted rule, a carrier is a local carrier if at least half tts business 1s conducted in metropolitan or commercial zone operations. Interstate carriers transport cargo that has or will cross state lines. Many are also known as line-haul or over-the-road carriers — in almost all cases they also conduct local pick-up and delivery opera- tions. Since 1980, many traditionally local carriers expanded their operations. Similarly, many traditionally “interstate” carriers have acquired local operations. Whether private or for-hire, generally, a motor carrier can be characterized as a truckload (TL) or less than truckload (LTL) carrier. A truckload carrier is one that dedicates trailers to a single shipper's cargo, as opposed to an LIL carrier that transports the consolidated cargo of several shippers and makes multiple deliveries. Currently, regulated freight carriers are classified by FMCSA based on Bross annual revenues: « Class I carriers have gross annual revenues of $10 million or greater; « Class IT carriers have gross annual revenues of between 33 million and $10 million; and « Class II] carriers have less than $3 million in gross annual revenues. The Highway System There are over 4.19 million miles of highways and roads in the United States. These roads are functionally classified as arterials, collectors, 3 or local roads, depending on the type of service they provide. The roads are further subdrvided into rural and urban area classifications. Arterial roads generally provide the fastest method of travel, typically have minimal accessibility from neighboring roads and were envi- sioned for long-distance travel. These thoroughfares are designed to the highest standards, are wider, and have multiple lanes and some degree of access control. Collectors are generally two-lane roads that serve short trips. They collect and distribute travel to and from arterial roads and local roads. Local roads are those not classified as either an arterial or collector. Of all the roadway systems, the National Highway System is one of the most essential to the nation’s economy, defense, and mobility, even though it only comprises 4.1% of the nation’s roads. This system carries more than 44% of all vehicle traffic, 75% of heavy truck traffic, and 90% of tourist traffic. It consists of: « Certain designated interstate highways; e Specific arterial roadways which provide access to major ports, airports, public transportation facilities, or other intermodal facilities; « A Strategic Highway Network, which provides defense access, as well as continuity and emergency capabilities for defense purpos- E55 « Major Strategic Highway Network Connectors, which provide access between major military installations and the Strategic Highway Network; and « Intermodal Connectors which provide access between major intermodal facilities and the other four subsystems making up the National Highway System. The growth rate in highway vehicle miles traveled (WMT) had exceed- ed 3% for every five-year period in the 1960s. In the 1970s, the growth of U.S. VMT was offset by sharp declines corresponding to the recession and fuel crisis in 1973-74 and 1979-80. VMT grew steadily in the 1980s by 37%, the 1990s by 26%, and the 2000s by 8%. From 2010-2015, VMT grew just under 5%, from 2.98 trillion to 3.10 Z4 trillion. Growth stalled from 2015-2020 due to the COVID-19 pandemic. Numbers decreased over 4% from 3.11 trillion in 2015 to 2.9 trillion in 2020. Bridges Bridges and structures are key components of the nation’s roadway network that provides transportation connectivity to safely cross features such as waterways, railways, roadways, and other obstacles. Through federal regulations and policy, the FHWA Office of Bridges and Structures manages the technical guidance and policy of the nation’s bridges. ‘The Office of Bridges and Structures gives direction on design, construction, inspection, evaluation management and preservation of the nation’s inventory of highway bridges. Approxi- mately $7 billion is given by FHWA annually to assist transportation agencies to plan, design, build, repair, rehabilitate, and inspect bridges and structures. The Bureau of Transportation Statistics (BTS) reported that there were over 621,000 bridges in 2023. To maintain the nation’s bridges and structures, FHWA grades bridges by structural integrity in three categories: good, fair, or poor. In 2023, there were 275,000 bridges in good condition, 304,000 bridges in fair condition, and over 42,000 bridges in poor condition. iS SAFETY & SECURITY This chapter contains information designed to increase the profes- sional truck driver's competency in, and knowledge of, the basic principles of safe and secure driving, the general rules of the road, the Federal Motor Carrier Safety Regulations (FMCSRs), and the Hazard- ous Materials (HM) regulations. This chapter is not intended to be the sole source on these topics. Nothing in this Facts for Drivers relieves a driver of responsibility to know and comply with the applicable U.S. federal rules and regula- tions and those of each state and locality in which the driver operates. Safety Regulations CSA The Compliance, Safety, Accountability (CSA) program is the Federal Motor Carrier Safety Administration (FMCSA)’s safety monitoring and enforcement program designed to: 1) identify and prioritize unsafe motor carriers for enforcement intervention; and, 2) provide data to third parties (Le., shippers, brokers, insurers, etc.) to make safety-based business decisions. CSA uses roadside inspection data and accident records to prioritize carriers for FMCSA enforcement or “intervention.” The system does this by: 1. Collecting data from safety events such as roadside inspections and accidents; 2. Weighing the violations and crashes based on time and severity (more recent and more severe events bear more weight); 3. Placing the data into groups called Behavioral Analysis Safety Improvement Categories (BASICs) and using statistical formulas to create BASIC Measures; 4. Scoring carriers based on their BASIC Measures relative to other carriers in their safety event (peer) group which ts roughly based on the number of safety-related events (violations, inspections, or crashes); and 5. Identifying carriers with relatively poor scores and prioritizing them for an “intervention,” such as a warning letter, an off-site or on-site streamlined (focused) investigation, or a comprehen- sive on-site investigation. The BASICs, with the exception of the Crash BASIC, are based on the regulations. When a violation occurs, it is placed in the appropriate BASIC. The BASICs and accompanying regulations are: « Unsafe Driving (driving regulations in Part 392), « Crash Indicator (DO'T-recordable crashes), - Hours of Service Compliance (fatigue and hours-of-service regulations in Parts 392 and 395), = Vehicle Maintenance (Parts 393 and 396), - Controlled Substance/ Alcohol (Part 382 and the drug and alcohol regulations in Part 392), « Hazardous Materials Compliance (the HMRs), and « Driver Fitness (Parts 383 and 391). Initially, only five BASICs (Hours of Service Compliance, Driver Fitness, Vehicle Maintenance, Controlled Substance/ Alcohol, and Unsafe Driving) were available for public review, though individual motor carriers had access to their own non-public BASIC scores. As of December 4, 2015, however, carriers’ alerts and percentile scores have been removed from public display pursuant to the Fixing America’s Surface Transportation Act of 2015. CSA percentile scores and alerts cannot be made public again until PMCSA fixes certain problems identified in a study of the system published in June 2017. ‘The FMCSA has been working on the fixes since then, but CSA scores will remain private until further notice. Since its inception, CSA has evolved based on input from the indus- try and other stakeholders. Recognizing that CSA is a work in progress, FMCS A has instituted a number of methodology changes. One significant adjustment made in response to industry criticism was allowing motor carriers and drivers to use the online DataQs system to request that erroneous data be corrected (described in detail below). This includes making changes to the data as a result of a court of law dismissing or reducing a charge or finding the defendant if not guilty. Ifa driver is found not guilty or has a charge dismissed, the record will be removed from ‘CSA and the corresponding severity points will be expunged. If the charge its reduced, the record will be amended indicating the new charge and the severity weight of the violation will be changed to one (1). FMCSA also has a program that lets motor carriers challenge the preventability of some crashes. The Crash Preventability Determi- nation Program allows motor carriers to contest crashes that meet certain conditions and have them removed from the calculation of their Crash Indicator BASIC score. The program applies to a limited number of crash scenarios including a truck being struck in the rear, struck by a motorist who was driving in the wrong direction or making an legal turn, struck by a vehicle while the truck is legally parked or stopped, struck by a motorist who failed to stop, struck by a vehicle whose driver was driving under the influence, or struck by a vehicle whose driver experienced a medical issue or who admitted to falling asleep or distracted driving. An incident may also be contested if it involved a truck that struck an animal, a truck that struck an individual committing or attempting to commit suicide, or a truck that was involved in a rare or unusual type of crash (e.g., struck by an airplane or skydiver). DataQs With the implementation of CSA, it has become essential for both motor carriers and drivers to monitor their safety records. ‘These records, compiled by FMCS A and contained in the Motor Carrier Management Information System (MCMIS), consist of inspection, violation, and crash data submitted by state authorities and should be checked for accuracy. Data inaccuracies can have a serious impact on a truck driver's career. If a driver finds erroneous data on their driving record, there is a way to contest it. Just like motor carriers, drivers have the right to view and challenge their MCMIS record through the DataQs system. By logging on to the website http://datags.fmecsa.dot.gov/login.asp, drivers can view their profiles. If inaccurate information is discov- ered, a driver can submit a Request for Data Review (RDR) online through the website. Incorrect information can remain on a driver's ZB record for up to five years, so diligent review is a must. Common scenarios that may require an RDR include: when a crash is not DOT recordable; when a crash is assigned to the wrong driver or carrier; when inspection data is incorrect; when there is duplicate crash, inspection, or violation information; or when citations have been adjudicated in court. Once a dispute is filed online, it is sent to the state law enforcement agency that originally reported the data. Asa result, attempting to argue the merits of a violation is most often met with resistance and is rejected, unless there was a clear error made by the officer involved. An RDR can only be filed on the same data twice, so necessary and complete documentation is a must. CSA's focus on driver records is abundantly clear. Law enforcement officials make inspection decisions and employers make personnel decisions based on this data. It is the responsibility of each driver to be sure the information on record is correct and free of discrepancies. The DataQs system is a tool not just for motor carriers, but for drivers as well to ensure their records are accurate. Pre-Employment Screening Program (PSP) FPMCSA'ss Pre-Employment Screening (PSP) allows drivers and motor carriers the opportunity to purchase driver safety records from the Motor Carrier Management Information System (MCMIS). The voluntary screening tool provides driver records containing the most recent 5 years of all reportable crash data and most recent 3 years of roadside inspections. PSP records may be purchased by a driver at any time; however, motor carriers must have written consent from the driver before acquiring the driver's record and may only do so at the time of hire. Driver Qualifications/ Paperwork As previously mentioned, FMCSA’s licensing provisions in Part 383 are intended to help reduce crashes by setting qualifications and safety standards for CMV drivers. ‘The law requires that a person must hold a single, valid Commercial Driver's License (CDL) in order to drive a CMV 1. In interstate, intrastate, or foreign commerce; Zio 2. With a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of at least 26,001 pounds, whichever is greater, or a combination vehicle with a combined weight or combined rated weight of 26,001 pounds or more that includes a trailer with a GVW or GVWR of 10,001 pounds or more; 3. Designed to transport at least 16 passengers, including the driver; or 4. Transporting a quantity of hazardous materials requiring placarding. This CMY definition, used for licensing purposes, is found at Section 383.5. A driver may elect to take additional testing to obtain one or more specialized endorsements to the license. These endorsements include double/triple trailer (T), passenger (P), school bus (5), tank (N), and hazardous materials (H). The federal rules require that every CDL applicant take a knowledge test before obtaining a Commercial Learner’s Permit (CLP). A driver with a CLP can only drive in the presence of another CDL driver and is restricted in the type of equipment the driver may operate. The only endorsements a CLP driver can obtain are N (empty only), P (no passengers), and 5 (no passengers). Once a driver obtains a CLP, the driver must wait at least 14 days and complete entry-level driver training given by a provider listed on FMCSA’ss Training Provider Registry before becoming eligible to take the skills test required to be issued a CDL. The skills test is given by a person authorized by the state who is competent to evaluate and determine whether the driver has demonstrated their ability to operate a CMV and any associated equipment assigned. The road test must be long enough for the instructor to evaluate the driver. To pass the skills test, drivers must demonstrate mastery of the following: (a) Pre-trip vehicle inspection skills. Applicants for a CDL must possess basic pre-trip vehicle inspection skills for the vehicle class that the driver operates or expects to operate. (b) Basic vehicle control skills. All applicants for a CDL must possess and demonstrate basic motor vehicle control skills for 30 the vehicle class that the driver operates or expects to operate. (c) Safe on-road driving skills. All applicants for a CDL must possess and demonstrate safe on-road driver skills for the vehicle class that the driver operates or expects to operate. Skills tests must be conducted in on-street conditions or under a combina- tion of on-street and off- street conditions. A State may use simulators to perform skills testing, but under no circumstances as a substitute for the required testing in on-street conditions. To qualify for a CDL, a driver must meet certain additional minimum qualifications to drive in interstate commerce. These qualifications include, but are not limited to, the driver: + Being at least 21 years old if driving in interstate commerce, though 49 states allow drivers 18 years of age to drive in intrastate commerce (391.11(b)(1)); « Being able to read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals in the English language, respond to official inquiries, and make entries on reports and records (391.11(b)(2)); however, some states waive this requirement for intrastate drivers; « Having a current valid CDL or CLP tssued by only one state or jurisdiction (391.11(b)(5)); - Being in good health and physically qualified to drive a CMV (391.11(b)(4)), meaning the driver has a valid medical card and meets the following standards (see 391.41): o Has no loss of foot, leg, hand, or arm or has been granted a walver; o Has no impairment of the use of a foot, leg, hand, arm, or fingers or any other structural defect or limitation likely to interfere with safe driving, or has been granted a watver; o Does not have a form of diabetes currently requiring insulin for control, unless the person obtains the Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5870, from their treating clinician and ts free from complications that might impair the ability to operate a commercial motor vehicle safely; o Does not have a heart condition of the type known to be accompanied by loss of consciousness, collapse, or cardiac failure; 31 o Has no history of respiratory dysfunction likely to interfere with an ability to control and drive a CMV; o Does not have high blood pressure at a level likely to interfere with an ability to safely operate a CMV; o Has no rheumatic, arthritic, orthopedic, or other muscular or vascular condition likely to interfere with safe driving; o Does not have epilepsy or other condition which can cause loss of consciousness or loss of ability to control a CMV; o Has no mental, nervous, organic, or functional disease, or psychiatric disorder likely to interfere with the ability to safely drive a CMV; o Has a distant visual acuity of 20/40 (based on the standard Snellen eye chart) in each eye, with or without corrective lenses; field of vision of at least 70 degrees in each eye; the ability to distinguish traffic-signal colors (red, yellow, and green), or has a vision waiver (or, if the driver has monocular vision has completed the process detailed in 391.44); o Can hear a forced whisper at a distance of at least five feet with or without the use of a hearing aid, or can pass a pre- scribed audiometric test with or without a hearing aid; o Does not use illegal/banned drugs or substance that will adversely affect the driver's ability to safely operate a com- mercial motor vehicle; and o Is not an alcoholic. As an employee performing safety sensitive functions in the transpor- tation industry, the professional driver is responsible for providing a safe work environment for co-workers and the traveling public. Creating a safe work environment not only means following estab- lished work rules but also following the DOT’s rules on drug use and alcohol misuse found in Part 382. A professional driver, who requires a CDL to operate, will be tested under the DOT rules prior to being employed by any motor carrier. The driver ts also subject to random drug/alcohol tests during the course of employment. These tests may also be required post-accident, regardless of whether the professional driver was at fault. az Entry-Level Driver Training (ELDT) FMCSAss Entry-Level Driver Training rules in Part 380 establish minimum training requirements for entry-level CMV drivers in interstate and intrastate commerce. Individuals who are applying for a Class A or Class B CDL, an upgrade to their CDL, or a hazardous materials endorsement for their license for the first time, must meet these standards. The rule requires that entry-level drivers take behind-the-wheel training combined with a prescribed knowledge curriculum to address the specific training needs of a driver seeking a CDL. Medical Certificates An PMCSA rule issued in 2008 requires a driver's medical certification information to be linked to their CDL via the Commercial Driver's License Information System (CDLIS). For this reason, drivers who hold a CDL are not required to carry their medical examuner's certificate (MEC) for more than 15 days after the date it was issued as proofof medical certification, to verify medical qualification at roadside. However, any variances or skill performance evaluation certificates (1e., warvers), 1f applicable, will still be required to be carried by the driver. In addition, all CDL drivers are required to self-certify the type of driving they are doing (interstate vs. intrastate) and, submit their MEC to their State Drivers Licensing Agency (SDLA). Once submitted, the SDLA ts required to post the certificate to CDLIS which FMCSA, motor carriers and state law enforcement agencies are able to access. As a best practice, it is recommended that drivers continue carrying their medical card as a precaution. National Registry of Certified Medical Examiners In April 2012, FMCSA issued a final rule establishing a National Registry of Certified Medical Examiners and requiring all medical examiners who wish to conduct physical examinations for interstate CMV drivers to: « Complete training concerning PMCSA’s physical qualification standards, » Pass a test to verify an understanding of those standards, and - Maintain and demonstrate competence through periodic training and testing. a3 Drivers may only use medical examiners listed on the National Registry to become medically certified. By June 23, 2025, certified medical examiners will be required to report results of all completed CMV drivers’ physical examunations electronically to FM(CSA by midnight local tume the follow- ing calendar day. FM(CSA will in turn transmit the results to the SDLAs which will then include this information on the driver's CDLIS/Motor Vehicle Record (MVR). This will replace the current requirement that drivers submit copies of medical certificates to their respective SDLAs. Drug & Alcohol Clearinghouse and Drug Testing Both intra- and interstate motor carriers must be conducting pre-em- ployment, random, post-accident, reasonable-suspicion, re- turn-to-duty, and follow-up drug and alcohol testing for CDL opera- tors. The required tests and the prohibitions are covered in Part 382 of the FMCSRs, and the testing procedures are covered in Part 40 of the DOT regulations. To further improve highway safety, on January 6, 2020, FMCSA's Drug & Alcohol Clearinghouse became operational. The Clearing- house serves as a central repository of drivers’ DOT positive test results, refusals to test, and other such violations of the drug and alcohol testing regulations. Motor carrier employers, designated service agents, medical review officers, and substance abuse profes- sionals are required to submit DOT alcohol and drug violations to the Clearinghouse. Each motor carrier employer, or their designated service agent, is required to query the Clearinghouse before hiring a CDL driver-applicant to verify that the driver is not in violation of any drug and alcohol prohibitions. Employers are also required to query the database annually for records relating to their existing driver workforce. Records of drug and alcohol program violations will remain in the Clearinghouse for five years or until the driver completes the return-to-duty process, whichever ts later. Hours of Service (HOS) HOS regulations for truck drivers were first imposed by the Interstate Commerce Commission in 1938 and limited truck drivers to 12 hours of drive tume per day and 15 hours of total on-duty time following 8 hours off. These regulations remained relatively stable until 2003, but since then have changed multiple times. In 2003, based on extensive research, FMCSA amended the HOS rules to include the following limits: « 10 hours of mandatory rest time between work shifts; * No more driving (but other work ts allowed) following the 14th consecutive hour after reporting for work (thus putting drivers on a normal 24-hour circadian rhythm); « No more than 11 hours of driving per shift; and - The option to restart calculation of cumulative on-duty time by taking 34 consecutive hours off duty. Following litigation over the new rules, more changes were published in 2011, including: e A required 30-minute off-duty break every 8 hours; and - A provision allowing maximum fines for anyone who drives more than 3 hours past the 11-hour limit, which ts considered an “egregious violation. Rules for electronic logging devices (ELDs) were published in 2015, as discussed below. On September 29, 2020, FMCSA enacted additional changes to its HOS rules to add flexibility for drivers. These changes: « Extended the radius to 150 air miles and on-duty time to 14 hours for CDL drivers operating under the short-haul logging exception (395.1(e)(1)); - Allow up to an additional two hours of on-duty and driving time when drivers encounter adverse conditions (395.1(b)); « Allow drivers to take their 30-minute mandatory break as on-duty time rather than off duty, and count only driving time toward the 8-hour limit (395.3); and « Added flexibility to the “split sleeper” option, allowing drivers to combine a 7-hour sleeper-berth period with another break of 3 hours to get a valid 10-hour break (versus the previous require- ment for an &/2 split) (395.1(g)). a5. Seat Belt It’s the law. FMICSR 392.16 requires a CMY driver and all other occupants in the vehicle to wear a seat belt. Law enforcement in 35 states and the District of Columbia may have the right to pull over and cite a driver if that driver and/or passenger(s) are not wearing a seat belt (primary enforcement); 20 of those and D.C. include rear seat passengers. Fifteen states’ police may cite an adult front seat occupant for not wearing a seat belt if pulled over for another traffic violation (secondary enforcement) with many of those having primary enforcement for younger drivers and/or passengers in the front seat; 11 states have secondary enforcement for rear seat passen- gers as well. U.S. DOT studies show that seat belt usage among CMY drivers has improved over the years. According to the Safety Belt Usage by Com- mercial Motor Vehicle (CMW) Drivers Survey released by FMCS4A, seat belt usage reached an all-time high in 2016 where 86% of all CMV drivers are wearing their seat belts, an increase from 84% in 2013. Hard evidence shows that, each year, seat belts prevent 15,700 fatali- ties, 350,000 serious injuries, and $67 billion in costs associated with traffic injuries and deaths. Load Securement In 2002, FMCSA published updated cargo securement rules in Subpart I to Part 393, which became effective January 1, 2004, for motor carriers operating in interstate commerce. The rules set forth how a motor carrier and driver should use cargo securement devices to prevent articles from shifting on or within, or falling from, CMVs. In short, cargo must be firmly immobilized or secured on or within the vehicle by structures of adequate strength, dunnage (loose materials used to support and protect cargo) or dunnage bags (inflat- able bags intended to fill space between articles of cargo, etc.), shoring bars, tiedowns (straps, chain, rope, etc.), or a combination of these. The rules cover all types of cargo except commodities in bulk that lack structure or fixed shape (e.g., liquids, gases, grain, liquid concrete, sand, gravel, and aggregates) and are transported in a tank, hopper, box, or sumilar device that is part of the truck. ‘The rules also Bela establish securement-device performance criteria and requirements covering those commodities considered to be the most difficult to determine the appropriate means of securement, such as logs; dressed lumber; metal coils; paper rolls; concrete pipe; intermodal containers; automobiles, light trucks and vans, heavy vehicles, equipment and machinery; flattened or crushed vehicles; roll-on/ roll-off containers; and large boulders. Requirements concerning securement, working load limits, and blocking and bracing are applicable to all commodi- ties being transported except bulk. Another cargo securement rule was published in July 2006 for clarity and uniformity of enforcement. Pre-Trip and Post-Trip Inspection According to FMCSR Sections 392.7 and 396.13, prior to beginning a driving shift or every time a CMV driver changes equipment during a shift, the driver must: (a) be satisfied that the motor vehicle ts in safe operating condition; (b) review the last driver vehicle inspection report if required by Section 396.1 1(a)(2)(1); and (c) sign the report to acknowledge that the driver has reviewed it and that there 1s a certification that the required repairs have been performed” To meet the requirements of (a) above, the driver must conduct a pre-trip inspection of the equipment. At minimum, this inspection must cover service brakes (including trailer brake connections), parking brakes, steering, lighting, tires, wheels, rims, horn, wind- shield wipers, mirrors, coupling devices, and emergency equipment. PMCSR Section 396.11 requires a post-trip inspection and, if neces- sary, a report. “Every motor carrier shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day’s work on each vehicle operated, except for intermodal equipment tendered by an intermodal equipment provider” The Driver Vehicle Inspection Report (DVIR) shall cover at least the parts and accessories listed above in the pre-trip inspection checklist. ‘There is an exception that states a driver does not have to submit a DVIR when the driver has neither found nor been made aware of any vehicle defects or deficiencies. a7 Walking/Working Surfaces Standard On November 18, 2016, the Occupational Safety and Health Admuin- istration (OSHA) issued a final rule revising its walking- working surfaces and personal protection equipment (PPE) regulations. OSHA did not exempt motor vehicles from the fall protection re- quirements but did not propose any specific fall protection require- ments for motor vehicles. OSHA made revisions to the following areas: Dockboards: The final rule defines a dockboard as a portable or fixed device used to span a gap or compensate for a difference in height between a loading platform and a transport vehicle. Dockboards may be powered or manual, and include, but are not limited to, bridge plates, dock levelers, and dock plates. Run-off protection is not required when there is insufficient space for equipment to run off. Additionally, securing dockboards is not necessary when there is sufficient contact between the dockboard and the surface to prevent the dockboard from moving out of a safe position. Wheel chocks or other means to prevent vehicle movement are required when employ- ees are on a dockboard. Repair/ Assembly Pits: In situations where there are two or more pits (not more than 10 feet deep) in a common area and the pits are not more than 15 feet apart, OSHA requires contrasting floor markings at least six feet from the pit edge around the entire area of the pits. Wheel Chocking: The final rule made clear that OSHA has authority to enforce wheel chocking requirements in two instances: (1) Trans- port vehicles that do not meet the definition of commercial motor vehicle (CMV); and (2) CMs not operated in interstate commerce, which includes CMs that transport materials on private roads or within a work establishment. Loading-Dock Guardrails & Fall Protection: The final rule does not exempt loading docks from having guardrails or fall protection. Employers that can demonstrate that the use of fall protection systems is not feasible on the working side of a platform used at a loading rack, loading dock, or teeming platform, then the work may be done without a fall protection system, provided: “(1) The work operation for which fall protection is infeasible is in process; (2) 38 Access to the platform ts limited to authorized employees; and (3) ‘The authorized employees are trained” Employer Training Requirements: The final rule requires that all employers must provide training for each employee by a qualified person. The training must include: (1) The nature of the fall hazards in the work area and how to recognize them; (2) The procedures to be followed to minimize those hazards; (3) ‘The correct procedures for installing, inspecting, operating, maintaining, and disassembling the personal fall protection systems that the employee uses; and, (4) The correct use of personal fall protection systems and equip- ment. Electronic Logging Devices (ELDs) An Electronic Logging Device (ELD) 1s a device installed in a CMV that monitors hours of service compliance. The requirements for using ELDs are found in Section 395.8 and Subpart B to Part 395, and the technical specifications ELDs must meet are found in Appendix A to Subpart B of Part 395. Though not mandated in the regulations, some ELDs can also track vehicle and driver performance such as fuel economy, speed, and onboard events. FPMCSA issued the final rule requiring ELDs in December 2015, and it went into full effect in December 2019. All motor carriers and drivers subject to FMCSA's record of duty status requirements in 395.8 must be using an ELD to record hours of service, unless one of the ELD exemptions applies. There are ELD exemptions for drivers who only occasionally have to complete a record of duty status (8 or fewer days in the last 30 days), drivers involved in drive- away operations, drivers involved in recreational vehicle driveaway/ towaway operations, and drivers operating a vehicle older than model year 2000 (as evidenced by the vehicle's VIN or engine serial num- ber). Effective January 1, 2023, motor carriers operating in Canada were required to comply with the Canadian ELD requirements, based on a rule that went into effect in June 2021. These regulations require 39 drivers who must complete a record of duty status to use an ELD that has been certified by a Canada-authorized third party, unless an exemption applies. Advanced Driver Assistive Systems (ADAS) ADAS technologies are designed to assist drivers in safely responding to dynamic changes in traffic conditions. A wide variety of ADAS technologies and functions are available through various system suppliers and original equipment manufacturers (OEMs). FMCSA has also placed a great deal of focus on the potential safety benefits. Below is a summary of several onboard safety technologies that are currently available. Lane Departure Warning System (LDWS): An LDWS uses technolo- gies to determine if a vehicle 1s drifting from its lane. If a truck begins to drift before a turn signal has been activated, the LDW5 notifies the driver with audible cues such as a rumble strip sound. As technology improves, LDW5Ss are expected to include mechanisms that will automatically adjust a drifting truck's steering. Automatic Emergency Braking (AEB): AEB detects potential forward collisions using sensors and activates the braking system to decelerate the vehicle to avoid or mitigate a collision. The technology often uses any combination of radar, cameras, or Light Detection and Ranging (LiDAR) to identify threatening situations. The slower the vehicle is traveling, the more likely it is that the automatic emergency braking system can bring it to a stop to prevent a collision. Adaptive Cruise Control (ACC): Assists with acceleration and/or braking to maintain a driver selected speed and following distance between subject vehicle and the vehicle in front. Advanced ACC systems with stop and go features can come to a complete stop and accelerate back to the specified speed without driver intervention. This system still requires an alert driver to take in their surroundings, as it only controls speed and the distance between the subject vehicle and the vehicle in front. Camera Monitoring Systems (CMS): These systems include driver and road-facing cameras and camera-based mirror systems and use in-cab and vehicle surrounding cameras and sensors to monitor the 40 driver's behavior and performance. (CMS enhances the driver's field-of-view and helps employers provide driver feedback to improve performance. Electronic Stability Control (ESC): An ESC uses multiple on-board sensors to detect side-to-side instability and yaw (the angle of a vehicle in relation to its vertical axis) primarily to avoid rollovers. ESC is available in both active and passive platforms. Passive systems inform drivers of significant roll-over risk a couple of seconds after the event, thus improving a driver's performance in similar future situations. Active systems take direct action when they detect vertical instability by reducing throttle or, if necessary, applying brakes. Active systems have been required on most new heavy trucks and tractors since 2017. Blind-Spot Monitoring: Blind spots are defined as areas behind or at the side of the vehicle that the driver cannot see from the driver's seat. A blind-spot monitoring system uses sensors that monitor the driver's blind spots and notify the driver if any obstacles come close to the vehicle by providing an audible, visual, or haptic warning. Most BSM systems can be temporarily disabled for a short duration of tume, when the driver activates the turn signal or by a switch or through the driver control panel while going through a construction Zone. While safety technology may be an aid to reducing crashes, drivers remain the most important element to truck safety. The responsibility for safety still rests firmly in the driver's hands. Basic Safety Guidelines Speed Management According to the Federal Highway Administration (FHWA), speed- ing — traveling too fast for conditions or in excess of the posted speed limit — is a factor in 29% of all fatal crashes and costs America approximately $40.4 billion in economic costs each year. Additionally, an ATRI study, updated in 2022, found that speeding 15 mph over the speed limit increased the likelihood of a crash by 40%. Conse- quently, many motor carriers focus a great deal of their training, 41 policies, and procedures on speed management, such as knowing and following posted or applicable speed limits as well as recognizing and adjusting to conditions that require a driver to alter their speed. Progress has been made, but there is room for additional improvement. The same 2022 ATRI study found the percentage of drivers with a speeding violation had increased 8.1% since 2018. Congestion, work or school zones, pedestrians, time of day, road conditions, and weather must be taken into consideration when determining appropriate speed. Note that the speed of a vehicle which encounters sideslip due to excessive speed (in a curve) can be determined by studying the yawmark (the mark left from a sliding tire). Stopping Distance Having adequate brakes and the ability to stop in the required distance is imperative to driving safe. Stopping distance changes depending on the type of vehicle and its speed; the vehicle's size, height, and weight; type of loads; how well the load is secured; tire type, size, pressure, and tread wear; type of brakes; and driver's alertness. Drivers must also consider weather, road conditions, surfaces, and elevation of road surfaces. Regulations finalized by NHTSA in 2013 require that standard tractors driving at 60 mph must come to a complete stop within 250 feet, while vehicles with more axles and heavier loads are allowed up to 310 feet. The CDL Driver's Manual recommends that if a CMY driver is driving below 40 mph, the driver should leave at least one second for every 10 feet of vehicle length. For a typical straight truck or tractor/2?8 ft. trailer unit, this results in 4 seconds between the CMV and the vehicle ahead. For speeds over 40 mph, the CMV driver should leave one additional second, and for each additional ten feet of vehicle length, one more second. To estimate following distance in seconds, pick a marker on the side of the road ahead of the vehicle in front of you. Once the vehicle passes that marker, count the number of seconds until you pass that same marker. If it 1s less than the recommended number of seconds, slow your vehicle ina safe manner. Types of brakes also have an impact on braking distance. The most common braking system a driver will encounter is either disc brakes or drum brakes. Disc brakes tend to have a shorter stopping distance than drum brakes, anywhere from 17% - 33%, depending on speed. However, drum brakes are more common because they are generally more durable and typically cheaper to maintain. Mirrors sood driving habits include proper use of all the vehicle's mirrors. Proper mirror adjustment helps the driver to eliminate vehicle blind spots, and in turn, helps umprove visibility, security, and safety while parked or driving. Many experts say that drivers should check mirrors every 5 to 8 seconds and continually monitor traffic patterns around the vehicle. Improper or inadequate mirror usage Is a contributing factor in many vehicle accidents. Mirrorless trucks or Camera Monitor Systems (CMS) have caught the attention of many in the trucking industry as an alternative to conven- tional rear-vision mirrors. Currently, FM'CSA has approved an exemp- tion for several companies to completely remove traditional mirrors, adding cameras and monitors in the cab to view the surroundings of the CMV. ‘The hope is that the Camera Monitor Systems give drivers im- proved vision and eliminate all blind spots around the tractor and trailer. Defensive Driving A defensive driver is defined by FMCSA as “a driver who tries to recognize potentially hazardous situations in advance and assumes other drivers may make mistakes and is prepared in the event an error is made.” A defensive driver is one who: « Commits no driving errors; « Makes reasonable and prudent allowances for the lack of skill or improper driving practices of the opposing drivers or pedestri- ans, -« Adjusts their own driving to compensate for unusual weather, road, and traffic conditions: and 43 « Is not tricked into an accident by the unsafe actions of pedestri- ans and other drivers. A key component of this is anticipating dangers before they materi- alize and knowing how to avoid and properly react to such risks. A defensive driver is aware of their environment (traffic, road, weather, or pedestrian activity). In short, the defensive driver is constantly surveying their surroundings in anticipation of a hazardous situation, keeping a safe following distance, maintaining a safe speed given the conditions, and adopting the following principles: Starting and Backing Up: It is important for a driver to be aware of their surroundings even when the vehicle is stopped, in neutral, or parked. In 8% of large-truck/two-vehicle fatal crashes, either the truck or the other vehicle were stopped or parked. Before shifting into gear, a defensive driver knows what ts in front, behind, and to the side of their vehicle. In fact, extra precaution and preparation are required when there ts limited visibility and when maneuvering space is tight. Start with a walk-around. When safe to do so, drivers should always complete a walk-around before starting their vehicle or backing up. The defensive driver checks all sides of the vehicle (back, front, left and right, as well as underneath, and above) to be sure safe clearance has been achieved and that cameras, mirrors, and windows are clear and positioned to maximize visibility. When the walk-around is complete, drivers should begin their maneuver promptly after checking mirrors to avoid a hazard that might materialize in the interim. Move with care. Proceeding cautiously allows unexpected vehicles or pedestrians the chance to move away. A tap of the horn can be useful in congested areas. Continue backing slowly, maintaining control. Never rush; check mirrors constantly. If in doubt, stop. Check for and anticipate varying surface grades/ inclines and space limitations, and how it will affect vehicle control

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