Point counterpoint heller ccj spring 2015

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Point-Counterpoint: Surviving in today’s regulatory environment

David Heller, CDSDirector of Safety & Policy

Truckload Carriers Association


Text your questions for the speakers to 862-781-0001.

ATRI Top Ten Issues - 2014

1. HOS2. Driver Shortage

3. CSA4. Driver Retention

5. ELDs

6. Truck Parking7. Highway

Funding/Infrastructure8. Driver Health and Wellness9. Economy10.Driver Distraction

Has anything changed?



ATRI Critical Issues: 2010-2014

• Hours of Service–Appeared five times• CSA–Appeared five times• Driver Shortage–Appeared five times• ELDs–Appeared three times (5 in general)• Highway Funding–Every year• Truck Parking–The past three years



Hours of Service



Entry Level Driver Training

• ELDTAC − Laws and sausage theory

• TCA is taking part in discussions along with others− PTDI, ATA, CRASH, Advocates, 26 total members

• Competency vs. hours-based• Certification questions• Younger drivers?



CSA

• January 2015–FMCSA concluded to not factor “crash accountability” into CSA− Too difficult, complicated, costly

• Paints inaccurate picture• Rankings are public• Biased reports ruin reputations

– GAO found that scores derived from SMS are unreliable



CSA

• “FMCSA lacks sufficient safety performance information to reliably compare them with other carriers…[this] creates the likelihood that manySMS scores do not represent an accurateor precise safety assessment for a carrier.”

- U.S. Government Accountability Office



CSA

• Who is viewing the inaccurate information?– Shippers– Plaintiff Attorneys– Press



Safety Fitness Determination

• FMCSA proposes to adopt a safety fitness determination (SFD)–Fiscal 2015

• Determines whether or not a carrier is fit to operate based on:– “BASICs” score – an investigation– a combination of on-road safety data and investigation

information



Electronic Logging Devices (ELDs)

• The playing field needs leveling• Final Rule expected September 2015 in Federal

Register− Two-year implementation (is that enough?)− Grandfather clause?

• TCA supports this issue



Hair Testing for Drugs and Alcohol

• The Drug Free Commercial Driver Act of 2015− Bipartisan− House and Senate

• Allows for hair testing as an alternative method for drug testing

• Between 2.35 and 10.4 percent more offenders caught with hair testing




Drug and Alcohol Clearinghouse

• Scheduled for December publication• Repository for positive results or refusals• Questions remain

− Fee vs. prescription− Observed use− Hair testing?




Speed Limiters

• Finally movement• NHTSA and tires

− High speeds and damaged tires can be catastrophic

• TCA supports limiting speeds at 65 mph

Point counterpoint heller ccj spring 2015

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