FMCSA News

zorry

Veteran Expediter
DND International , the Illinois based carrier that had a driver hit/kill a tollway worker and injure a State Trooper on Jan 27, 2014 near Chicago has been allowed to reopen after being shut down by the FMSCA.

Although they are bad, they're not bad enough to shut down yet.

The driver involved in the accident is alleged to have been on-duty 36 hours.

The judge ruled they are not enough of a danger to shut down the whole company.
Some Congressman is calling for an investigation of the FMCSA's investigative policies.

Chicago area politics or........?
 
Last edited:

Turtle

Administrator
Staff member
Retired Expediter
Chicago area politics or........?
The call for the investigation of the FMCSA's investigative policies is certainly political. But the judge who ruled they weren't enough of a danger to be permanently shut down seems more like common sense, depending on the details. It would depend on how many HoS violations show up in the logbooks of the drivers and whether or not those violations were encouraged or ignored by the carrier. If there was a systemic problem, then they should be shut down, but if the problems were few and far between, then shutting them down is like throwing the baby out with the bath water.
 

zorry

Veteran Expediter
They found problems with seven drivers log books.
Out of 49 drivers. They didn't look at the other 42 drivers, if I understand it correctly.
They were sloppy/ lazy and figured 14% was enough.
It should get enough press.
 

Turtle

Administrator
Staff member
Retired Expediter
As I read this piece, it struck me as odd because it didn't pass the smell test for actual journalism. It reads more like a glossy overview garnered from similar glossy overviews on the Internet, i.e., a lot of unsubstantiated Channel 19 "facts," which far too often is passed off as journalism these days.

Then you get down to the reader comments where his reporting gets slammed, and it's the manner in which he defends his reporting that is most glaring. Instead of supporting his statements with factual details of the case, he points readers to, of all places, the SMS scoring page, which The Trucker's Report (and many others) has long criticized as being a grossly misleading method of determining a carrier's safety record, since the CSA scores are inherently unfair and misleading and not at all an accurate depiction of the carrier.

So, instead of confirming the facts he wrote in the article, by bothering to look at the actual court records and stuff, he reasoned that the stuff he was parroting from other articles must be true, because, hey, look at their CSA and SMS numbers. That's a major logical fallacy fail, and one that any journalist never should have gotten near.

Then you get down to comments posted by DND's attorney, and the author suddenly stops responding to comments, and instead washes his hands of it and walks away from the article with an "Update" to the original article by dismissing the attorney's comments as cherry picking semantics. The problem with that is, the cherry picked comments by the attorney were cherry picked to address directly, and refute, the statements made in the article, and none of them were semantical. The attorney's version of events match the common sense and rule of law of the judge's decision far more than the author's article does. So, it looks like the author of the piece, likely under pressure to crank out content for the site, got caught with his bad journalism pants down.

Last year the FMCSA gave notice that they were going to use their iron fisted authority with more authority, and would be shutting more carriers down. In their official statement about this shutdown order, not only do they have a lengthy quote from Senator Dick Durbin (IL), which was done in order to say, "Hey, look! We done good!", but they also tout their record so far in 2014 of carrier shutdowns to prove it. Turns out that in 2011 DND was audited by the FMCSA and was told to correct several things, which they did, and received a Satisfactory rating. They were looked at again in August of last year, and at the time of the accident they had a Satisfactory rating. Then, suddenly, after the accident the FMCSA says the company has a long history of unsatisfactory willful disregard for safety. Even during this investigation, DND has complied with every request of the FMCSA, including implementing electronic logs, and the FMCSA shut 'em down, anyway. Looks more like the FMCSA is trying to cover their own political behind more than anything else.
 

zorry

Veteran Expediter
That's not the piece I read.
It will be interesting to watch this play out as they determine how bad is too bad.
 

Turtle

Administrator
Staff member
Retired Expediter
Yep. Clearly, DND isn't a carrier full of pure-as-the-driven-snow choir boys, but just as clear is there are many carriers operating that are at least on the same level safety-wise. It seems obvious enough that the level they were at was just fine, relatively speaking, until they had a fatal accident, then it became necessary to make an example out of them in the hopes that others would get scared enough to self-correct.

The FMCSA needs to come up with more clear-cut standards that would mean a carrier shutdown. I mean, how many logbook violations does it take to put a driver OOS at a scale house?
 

cheri1122

Veteran Expediter
Driver
In this case, it didn't take very many [idiotic] violations to shut him down:

I don’t know anything about this case and have no opinion on it , however I do have an opinion on HOS violations and how they can be misleading. We are a car carrying operation in the NE. Our drivers run about 8 hours per day and take at least 12 hours off before driving again, yet we have quite a few HOS violations, enough to have our ins cancelled. 2 drivers , in the beginning of January 2013 wrote 2012 in the date line. One who stopped for fuel in in Worcester MA didn’t realize that the station was one block over the line in Schrewsbury, MA so his receipt did not match his log book. the last was not putting a total of 24 for total hours, as if there are days without 24 hours. These 4 HOS violations were enough to get a 3 truck operation put out of business. So take things with a bit of scepticism


That's the part people who don't deal with logs & violations don't understand: how many 'logbook violations' & 'falsifications' are simple errors, understandable and easily explained - except there is no chance to explain them once they become statistics. Then the statistics are cited to 'prove' that drivers are willfully falsifying logs!
The one violation I get every now & then is forgetting to sign the finished log - something I doubt an adversary would mention, if 'logbook violations' were what they wanted to cite. They'd just say I've had "X logbook violations" and give the impression that I got caught cheating.
The whole system is flawed: unfair to carriers and drivers both.
 

zorry

Veteran Expediter
I thought they classified those simple mistakes as " form and manner" or some other term.
I took a gov't sponsored class where the instructor clearly stated " If you drive 13 hours on a run, log it. That violation is less severe than a falsification violation."
Of course, he wants you to incriminate yourself as most falsifications they never find.

I wonder if the car haul guy had other insurance issues. A truck hauler buddy got caught 3 days or more behind on his logs 3 weeks in a row ! ( his style was fill out the book at home on the weekend).
 

OntarioVanMan

Retired Expediter
Owner/Operator
In this case, it didn't take very many [idiotic] violations to shut him down:

I don’t know anything about this case and have no opinion on it , however I do have an opinion on HOS violations and how they can be misleading. We are a car carrying operation in the NE. Our drivers run about 8 hours per day and take at least 12 hours off before driving again, yet we have quite a few HOS violations, enough to have our ins cancelled. 2 drivers , in the beginning of January 2013 wrote 2012 in the date line. One who stopped for fuel in in Worcester MA didn’t realize that the station was one block over the line in Schrewsbury, MA so his receipt did not match his log book. the last was not putting a total of 24 for total hours, as if there are days without 24 hours. These 4 HOS violations were enough to get a 3 truck operation put out of business. So take things with a bit of scepticism


That's the part people who don't deal with logs & violations don't understand: how many 'logbook violations' & 'falsifications' are simple errors, understandable and easily explained - except there is no chance to explain them once they become statistics. Then the statistics are cited to 'prove' that drivers are willfully falsifying logs!
The one violation I get every now & then is forgetting to sign the finished log - something I doubt an adversary would mention, if 'logbook violations' were what they wanted to cite. They'd just say I've had "X logbook violations" and give the impression that I got caught cheating.
The whole system is flawed: unfair to carriers and drivers both.

You should opt for electronic.....help eliminate those small paper errors....oh but wait then you can't cheat....get to a shipper at 4am and show unloaded and start your off duty clock while you wait till 7am and really get unloaded and then drive 3 miles to the TS and Really go off duty...electronic will catch this move and start your clock or record a violation for the safety dept to see......
 

zorry

Veteran Expediter
I also had thought electronic would have eliminated his pesky errors.
Insurance companies must be really watching start ups.
My friend that started his own company four years ago, and probably falsified 80% of his own personal logs,.was quite upset when a mutual friend got some violations. They were ready to meet a benchmark with their insurance company. I guess it was a real setback for the company.
 

zorry

Veteran Expediter
Header should be FMCSA News

{Header corrected - Turtle}

And I thank you.
 
Last edited:

cheri1122

Veteran Expediter
Driver
You should opt for electronic.....help eliminate those small paper errors....oh but wait then you can't cheat....get to a shipper at 4am and show unloaded and start your off duty clock while you wait till 7am and really get unloaded and then drive 3 miles to the TS and Really go off duty...electronic will catch this move and start your clock or record a violation for the safety dept to see......

I very much prefer dealing with the violations caused by my own errors, as opposed to those that occur when driving according to a time clock. I have quite a bit of experience with time clocks: they're implacable, unrelenting, and unforgiving. That's pretty scary when you're subject to any number of variables, all of them unpredictable and unavoidable. An ELD doesn't care why the driver went over, even by a minute, it just records the violation. It puts the driver on the defensive every time the clock ticks into 'violation' while the driver waits for the light to turn green, or circles the truckstop looking for a spot to park.
After nearly 10 years of commercial driving, I'm pretty sure that if I were reckless, or unsafe to any degree, it would have been apparent by now. I'm not. I resent the idea that compliance with rules designed for 'big trucking' will make me any safer, when I believe the opposite is what will happen. My belief is based on real world experience, the FMCSA's are not.
 

Greg

Veteran Expediter
Owner/Operator
I very much prefer dealing with the violations caused by my own errors, as opposed to those that occur when driving according to a time clock. I have quite a bit of experience with time clocks: they're implacable, unrelenting, and unforgiving. That's pretty scary when you're subject to any number of variables, all of them unpredictable and unavoidable. An ELD doesn't care why the driver went over, even by a minute, it just records the violation. It puts the driver on the defensive every time the clock ticks into 'violation' while the driver waits for the light to turn green, or circles the truckstop looking for a spot to park.
After nearly 10 years of commercial driving, I'm pretty sure that if I were reckless, or unsafe to any degree, it would have been apparent by now. I'm not. I resent the idea that compliance with rules designed for 'big trucking' will make me any safer, when I believe the opposite is what will happen. My belief is based on real world experience, the FMCSA's are not.

Not to mention the fact that E-Logging doesn't know when I would be SAFER to take a rest break, BUT , oh yeah, my clock is ticking!
And I'm not referring to the 'new' 30 minute break.
 
Top