Most Amazing Stupid Truck Driver Ever - Only in New York Posted by DC Cargo Mall on March 14, 2013

FMCSA Grants Petition Killing Alabama Steel Coil Transport Training and Certification Posted by DC Cargo Mall on March 13, 2013

The Federal Motor Carrier Safety Administration has granted a petition submitted by the American Trucking Associations asking the agency to determine if Alabama's Metal Coil Securement Act is preempted by federal law. The ruling means the state can no longer impose the law's requirements on interstate movements, effective April 4.
In a Federal Register notice issued Tuesday, the agency said the law imposes certification requirements on Interstate drivers that are not required under FMCSA regulations and are more stringent than those imposed by federal law.
The law, adopted in 2009, prohibits a motor carrier from transporting metal coils in a movement that originates or terminates in Alabama unless the driver is certified in load securement. The law, as originally enacted, also required the driver to carry a copy of the certification in the vehicle and produce it upon demand. Maximum penalties for violating these requirements include fines of between $5,000 and $10,000, jail time and/or a court order prohibiting the driver from operating a CMV in the state.
On June 26, 2009, FMCSA sent a letter to then-Alabama Gov. Bob Riley stating that the law appeared to be incompatible with the requirements of FMCSA's Motor Carrier Safety Assistance Program. FMCSA also drew attention to two federal laws authorizing preemption of state legislation and indicated that they might be applicable. The agency urged state officials to work with FMCSA officials to resolve any conflict between state and federal law.
Gov. Riley responded by explaining that the law was adopted in response to a number of accidents in Birmingham, Ala., involving metal coils falling off trailers along Interstate routes. He took the position that federal law did not preempt Alabama’s metal coil load securement certification requirements.
On Dec. 22, 2010, ATA petitioned FMCSA for a determination that Alabama's metal coil load securement certification requirements and penalties create an unreasonable burden on interstate commerce and are preempted under federal law. ATA contended that Alabama's requirement that drivers obtain certification in metal coil load securement is more stringent than and incompatible with federal metal coil safety regulations.
In 2011 Alabama issued regulations offering drivers three options to become certified in load securement: obtain a Metal Coil Certificate by taking and passing the  “Securing Metal Coils Course'' available for $25 and on the web site, www.metalcoiltraining.com, obtain a commercial driver's license endorsement that allows the driver to haul metal coils in the state, or obtain a Metal Coil Certificate from a motor carrier authorized by the Alabama Department of Public Safety to issue the certificate, which would require the carrier's safety compliance officer to submit a notarized affidavit that they have personal knowledge that the carrier requires every driver to be trained in the requirements of hauling metal coils.
Later in 2011, Alabama amended the Act, rescinding the requirement that drivers carry copies of their metal coil load securement certification in their vehicles. It continued to require drivers to obtain certification, but drivers are no longer were required to produce the certification upon demand.
FMCSA published a notice in the Federal Register on Nov. 23, 2011, seeking comment on whether the Act is preempted by Federal law. The five comments opposing preemption included one each from an individual driver, a motor carrier, Advocates for Highway and Auto Safety, the Alabama Trucking Association and the Alabama Department of Public Safety. The eight comments supporting the preemption petition included four from motor carriers, and one each from an owner-operator, ATA, an Alabama aluminum coil producer and the Owner-Operators Independent Drivers Association.

Cargo securement tips to lower CSA scores Posted by DC Cargo Mall on March 01, 2013

By Jack Roberts

By Jack Roberts

A freshly-minted driver who recently had graduated from a CDL school came by to chat with his instructors and let them know how things were going. He’d just gotten hired by a big fleet, and the instructor asked him how he liked his job so far. “I love it,” the driver replied. “I only work about 15 minutes a day, tying down my load. The rest of the time, I just drive.”

The driver’s attitude was instructive. Cargo securementdemands repetitive attention to detail, patience and consistency – traits that are rare among all humans, but for truck drivers, extremely critical to safety. Properly securing a load always has been vital for a successful fleet operation – and in today’s Compliance Safety Accountability environment, even more so.

Dan Doran, president of Cincinnati-based Ace Doran Hauling and Rigging, says that while his fleet hasn’t seen an increase in inspections or violations since CSA was implemented, his shop and drivers did prepare beforehand to limit their exposure on the road.

“We educated our contractors as to the importance of inspecting their tools when it comes to chains and straps and blocking components,” Doran says. “It used to be that if it was a strong chain with hooks on both ends, it was good enough to go. Now straps are being looked at as the inspector goes by them on the road or as they go through a scale to see if they can find a reason to pull them over and go over the truck a little more closely.”

Good load securement is critical, and not only because law enforcement is keeping a closer watch. Customers entrust a fleet to transport its products safely and have them arrive in good condition. Add potential litigation resulting from property damage or injury into the mix, and the stakes are raised even higher. And since proper load securement takes time, it also affects a fleet’s bottom line – even before the load is under way.

 “Tarping a secured load can take up to two hours for a driver and sometimes more, depending upon the weather,” says Roland Lockard, operations manager with UltraTarp. Often, drivers don’t get paid additional money for tarping secured loads for shippers and receivers, Lockard says.

CSA’s microscope

Under CSA, violations for improperly secured cargonegatively impact both a fleet and a driver. If a citation is issued, it now is entered into the fleet’s Vehicle Maintenance BASIC (Behavior Analysis and Safety Improvement Category). Admittedly, there are several violations for which a driver is not responsible – including aspects of the law that assigns responsibility to either the shipper or the fleet – but if the ticketing officer determines that the infraction is one the driver could have rectified, a separate violation will be entered into that driver’s personal database.

The Federal Motor Carrier Safety Administration made additional changes in December after four months of study. It did away with the Cargo-Related BASIC and replaced it with the Hazmat BASIC, moving improper securement violations into the Vehicle Maintenance BASIC.

The severity weights of many securement violations was reduced then, too.

As law enforcement attention on cargo securement increases, all fleets are reviewing their securement procedures. As a carrier with a large flatbed operation, Maverick finds itself under a more intense spotlight than fleets hauling box trailers.

“We’re definitely seeing more flatbed inspections as CSA kicks in,” Newell says. “I’m not saying that’s a bad thing – it’s to be expected.” That’s why Maverick monitors its drivers and how their CSA scores are faring within its fleet. “Both (fleet and driver) scores are important,” he says.

Under CSA, cargo securement includes a wide array of inspection points and potential violations. Beyond simple unsecured loads, failing to flag a load properly or marking hazardous materials improperly can result in a violation. Similarly, a driver transporting hazardous materials can expect to be ticketed for failing to have improper emergency information on hand when it is requested.

Flatbed operations bear the brunt of cargo-related CSA concerns simply because of the visibility of their loads and securement devices, but reefer and van operations don’t have it any easier. CSA also specifies that cargo inside a van trailer must be secured against movement in all four directions. As with a flatbed operation, if the driver fails to secure the load with straps or load bars across the back of a load that does not reach the back doors, he will end up with a ticket.

“Drivers bear the brunt unless it is a sealed load and the driver is doing a drop and hook,” says Bob Dissinger, director of U.S. sales for Kinedyne. If the trailer is loaded but not sealed, the driver should open the trailer doors on the trailer and check to see it is secured properly, Dissinger says. On flatbeds, he should check all cargo securement devices to ensure the proper amount and tightening, he says.

Keeping up to date

Continuing education is the most important factor in fending off CSA hits. “You really need to monitor and keep up to date on cargo securement rules and regulations,” Dissenger says. These laws change regularly at federal, state and local levels.

Dissenger says fleets also must conduct regular safety training for drivers and anyone else loading and securing a trailer. “At Kinedyne, we tell our customers to be aware that not all safety-related securement products are the same,” he says. A lower price tag often translates into lower product quality, consistency and life expectancy, he says.

Newell directs Maverick’s cargo securement training programs and describes them as extensive and intensive, relying heavily on a systematic approach to education and procedures. Basic orientation last five days, and if the driver will be working in Maverick’s flatbed division, load securement consists of another week on hands-on exercises at the company’s training facility – and if they’re hauling glass, another week on top of that.

Maverick’s training also is ongoing. The fleet films its own in-house safety videos – some as short as 15-second reminders of proper safety procedures – that are beamed out to trucks on the road for drivers to watch at their convenience.

“It’s been very beneficial for us,” Newell says. “I think our drivers like the fact that they have that information handy if they need it.”

 More research

Maverick’s commitment to load securement goes even deeper. “Everything that we haul is closely examined before it ever gets loaded onto a trailer,” Newell says. This starts early in the sales process: When a Maverick salesman closes a deal, one of the check-off boxes on his list is to contact the company’s safety department and initiate a process for assessing proper load securement.

“We start with the basics and look at the securement of the load and make sure we can handle it with our existing equipment and systems,” Newell says. “If not, we come up with alternatives to make it safe.”

Maverick’s sales team works closely with the safety department, including the driver training aspect. If the customer has a new unfamiliar load, Newell’s team will obtain pictures of it – or even send someone to the customer’s location to inspect the load firsthand and figure out how to transport it safely.

“Load securement is more important than ever because everyone – fleets and drivers – are focused on their CSA scores,” Newell says. “You have to try to control it.”