Don't let this happen to you. The DOT Doctor can conduct a mock audit to keep your fleet rolling!
Federal Motor Carrier Safety Administration Places Super Luxury Tours Bus Company Out-of-Service for Violating Federal Safety Regulations FMCSA’s Investigation of Bus Company’s Involvement in Fatal New Jersey Crash Ongoing
WASHINGTON -- The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today placed Pennsylvania-based passenger bus company Super Luxury Tours out-of-service and suspended the company’s U.S. Department of Transportation operating authority for violating insurance requirements for commercial motor carriers. Under the out-of-service order, Super Luxury Tours is prohibited from operating in interstate transportation services.
“Safety is our number one priority,” said FMCSA Administrator Anne S. Ferro. “FMCSA will use every available resource to pursue and shut down passenger bus companies that evade federal safety regulations and put motorists at risk.”
On March 14, 2011, Super Luxury Tours was involved in a fatal New Jersey Turnpike crash that killed two people. FMCSA’s investigation of the bus company’s involvement in the crash is ongoing.
Posted by: The DOT Doctor AT 08:26 pm
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The DOT Doctor Newsletter is now in a new electronic format. Please visit our newest page for electronic newsletters (http://thedotdoctor.com/newsletters).
Wishing you and yours a safe and happy holiday! May your 2011 be full of prosperity and a blank OSHA 300.
The DOT Doctor Team
Posted by: The DOT Doctor AT 02:14 am
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Since deregulation no longer controls the industry and the unions have lost control, we move into a new era.For years, we have had the DOT punish the driver for the crimes of the company.This was a ploy to "teach" drivers to choose their company wisely.Did it work?Yes, and no but I feel mostly no.Drivers have greener grass syndrome and go with the flow.Others are happy just to be employable.Few know/knew how to grade/judge a carrier so most of these efforts were for not.The criteria drivers used was based on work of mouth not stats, therefore, these punitive efforts were useless.
Now we move into an era where companies are made liable for their drivers.Okay, that makes sense.You are the employer and you are responsible for the actions of your employees.With the change of HOS the other year, the idea was to raise awareness of regulations with shippers and carriers.Companies who are still dispatching with the notion of "just get it there" and not looking into available hours need to change their business mode.These are all attempts at doing so.Recall when there was talk about having shippers check the logbook to be sure the driver could run the load?Well this all of that the snowball coming together.
Real problem, the DOT/FMCSA does not have the power to enforce.Due to this, the policing of regulations are being passed in an outward spiral from driver to company to shipper to who knows next, receiver?When comes the day that if you sign for your package and don't check the logbook to be sure it was delivered in a legal manner, then you are liable?If this is allowed to continue then there is no real end in sight.
What we can do to protect our position - shippers take an active role.Don't say well I called my 3PL and now it's their problem.Set criteria that your 3PL must follow on your behalf and write it into the contract.We, The DOT Doctor, have done this for a number of our customers.Then, at the warehouse level, have someone to check that the carrier you contracted is the name on the side of the door.If not, don't load the truck.Want to go one-step farther, look over the logs or if e-logs, have the company send you the last 8 days to review along with the driver's information.
This ends sub-brokering and allows each company the right to bid on a job instead of taking a giant's crumbs.Who knows, this may in fact, lower the rates in the end.Of course, you will need those savings to pay for the extra hand you hired to check all this info at the dock.
Bottom-line, each of us plays a role in regulatory compliance.None of us is free and clear.Think of the person of steals the TV and then sells it to the pawnshop broker.They in turn sell it to a buyer who ships it to his kid for Christmas.Now each party is liable for the movement/handling of stolen goods.The pawnshop should have asked for a sales receipt or some proof of ownership.The customer should have asked for proof of ownership before purchasing.Substitute car for TV and now we are talking major felony.The point is, everyone is responsible for their own actions in business as in life.Accountability is what this is all about and always has been.
What score should I cut off the carrier at to protect my company, you ask.The government says 75% requires intervention.Well "A"s and "B"s kept mamma happy during school days.Why not protect yourself with an 80% cutoff for FAK?If you ship high value or hazmat, I would go for an "A".Look not only at the scores but also at the OOS status and why.Perform a little analyzation on perspective carriers.Build a database of "approved" carriers.Re-check their standings at least every 3 months.Monthly would be better.Share this list with your 3PL as the only carriers who may haul your freight.Allow other carriers to "audition" to be on your list.Build personal relationships with your carriers and not just names on the side of a door.
I created a trucking matrix years ago that allowed my client to see the best rate vs. time of service on a designated lane.Carrier grading is now being incorporated into this matrix.The DOT Doctor customizes this list to your needs.We update it and maintain the database.This is a service we proudly offer but it is also one a good analyst who understands trucking and has a good working knowledge of Excel and database software (i.e. SQL, Access) could create in house.Taking the time to do so, helps protect your company and yourself.It is worth the cost and effort.
Even with this matrix in place, you still need a person to check the doors at time of loading.This is a two-part ordeal.Miss either piece and your protection factor is gone.
REMINDER - CSA 2010 is official beginning today. Stay low key and off the radar. Each inspection, ticket or interaction is a measurement point. Drive safe. Drive wise. Do your pretrips, keep your log current, watch your speed and be prepared. It protects your company but more importantly, it protects your future as a professional driver.
Posted by: The DOT Doctor AT 12:22 pm
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May we all be thankful for our many blessings and good fortune.We are thankful for having wonderful readers like you subscribing to our newsletter and interested in the services of The DOT Doctor.May you be safe and have much continued success.
CSA 2010 and YOU
Don't be gobbled up by the under taking of CSA 2010 on December 1.Thankfully, you have the support of trained experts ready to save your company from the ax.The DOT Doctor is here to be your shield.We can show you how to receive your "Thanksgiving pardon".Our trained experts can tailor a CSA 2010 educational program for your company.You can download a FREE CSA 2010 whitepaper on the website.Inquire about our new CSA 2010 monitoring program to keep your company at the top of its game.
Did you see the article in CCJ Magazine about three trucking companies who are losing business to their competition due to low CSA 2010 scores?Yes, the data is already being collected on you and your drivers AND it is available to the public.Don't lose contracts due to low scores. Let The DOT Doctor vaccinate your company against lose due to deficiencies.
Today the FMCSA released the following news brief.CSA 2010 goes "live" in December.The weighted calculation on cargo-related BASIC will be adjusted.Severity of the violations are being reassessed and a new algorithm is being created.Once done, the new algorithm will be run on that segment which will provided updated scorings.Term changes in SMS Basic from "Deficient" to "Alert" will occur along with a color change of red to orange.
Announces CSA Safety Measurement System (SMS) Improvements
On August 16, 2010, FMCSA began providing carriers with information about where they stand in each of the new CSA SMS’s Behavior Analysis and Safety Improvement Categories (BASICs) based on roadside inspection data and investigation findings. Based on feedback and analysis from the Data Preview period, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) will roll out the new SMS to the nation in December with the following revisions:
1.Modify the presentation of SMS BASIC results
Change the term “Deficient” to “Alert” when a motor carrier’s score in one or more BASICs is above the FMCSA threshold for intervention.
Change the highlight color from red to orange.
Improve the language to clarify that BASIC results signify the carrier is prioritized for an FMCSA intervention.
Explanation: Feedback during the Data Preview indicate that the display of SMS results needs to clarify that BASIC percentiles above the FMCSA threshold signify the carrier is prioritized for an FMCSA intervention and do not signify or otherwise imply a “safety rating” or safety fitness determination.
2.Modify Cargo-Related BASIC
Recalibrate the Cargo-Related BASIC by adjusting the cargo securement violation severity weightings based on input from subject matter experts (SMEs).
Modify the public display to show the SMS Cargo-Related BASIC violations only. The percentiles and intervention status will not be on public display.
Explanation: Feedback during the Data Preview period identified a concern that the BASIC was over-representing certain industry segments and potentially creating a misleading safety alert warning. The Agency conducted additional analysis and concluded that the Cargo-Related BASIC be recalibrated with SMEs providing input on the cargo securement severity weights. The agency received SME input and will now adjust the severity weights and run the algorithm accordingly.
Also, the agency is conducting additional analysis to further understand the impact on the different industry segments of a carrier’s exposure in this BASIC. During this analysis period, the BASIC results will continue to be an effective intervention prioritization tool for enforcement personnel based on sound safety principles. Accordingly, the percentiles and intervention status will be accessible to the FMCSA enforcement community and motor carriers only.
To learn more about CSA 2010 subscribe to the DOT Doctor's monthly newsletter.Visit http://thedotdoctor.com/csa_2010 to schedule a consultation today.The DOT Doctor is here to help.We cure compliance and CSA 2010 ills!
Posted by: The DOT Doctor AT 10:07 am
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CSA 2010 is here! Know how to protect yourself and your company.
CSA 2010 is a new minefield that the government has created for truckers and trucking companies to traverse.This one can stop you dead in your tracts.So be prepared!
O/Os remember you are the carrier, the fleet, the driver.Remember DOT does not care if you have 1 truck or 1,000,001 trucks.As long as you have a DOT number, you are bound by DOT regulations and therefore CSA 2010 standards.
CSA 2010 claims to not directly rate drivers as to put them out of work.This is true and false at the same time.It will provide enhanced tools for Safety Investigators (SIs) to identify drivers with safety performance problems during motor carrier investigations. As a result, motor carriers and drivers will have the opportunity to correct the specific safety performance problems. (This is not an "opportunity" but a requirement.Drivers are noted, by name, as to their infractions.)CSA 2010 is designed to meet one overriding objective: to increase safety on the Nation’s roads.(If this were totally true, it will target all vehicles not just commercial vehicles.)Therefore, it is, by design, a positive program for drivers and carriers with strong safety performance records.Also, it will send a strong message that drivers and carriers with poor safety performance histories need to improve.(CSA 2010) In short, low scorers will have black boxes (On-board recording devices) put in their trucks for full monitoring by Big Brother.CSA 2010 is the answer for allowing the government to "invisibly" ride along side you in the cab of your truck and your only recourse is to outsmart the DOT at their own game.
If drivers are not "directly" rated then explain - driver interventions and notifications.
1.Driver Interventions - Any driver violations identified and addressed during carrier investigations that are not corrected may result in a driver Notice of Violation (NOV) or Notice of Claim (NOC). These are the only driver interventions at this time.
2.Driver Notifications - Drivers will be notified by mail and may be contacted by a FMCSA investigator.
Let's demystify the CSA 2010 initiative.Learn how this new data collection system directly affects you as a driver or carrier.
JUNE
11-12: OAK GROVE TRUCKERS JAMBOREE, Oak Grove Petro, Oak Grove, Mo., www.oakgrovepetro.com, (816)
690-4455.
THIS WAS A LOT OF FUN WHEN I TOOK THE KIDS AND WENT THE OTHER YEAR! THEY EVEN GOT TO MEET "WENDY" IN PERSON.
JUNE
17-19: THE GREAT WEST TRUCK SHOW, Las Vegas, (888) 349-4287, www.greatwesttruckshow.com.
JUNE
18-19: MUSIC CITY CHAPTER Antique and Working Truck Show, American Truck
Historical Society and Cumberland Plateau Antique Tractor and Gas Engine
Show, Crossville Fairground, Crossville, Tenn., (931) 200-3203.
JUNE
25-27: NAST/CHARLESTON TRUCK SHOW, Charleston, S.C., Lucas Fry at (843)
819-0318.
JULY
8-9: WALCOTT TRUCKERS JAMBOREE, Iowa 80 Truckstop, Walcott, Iowa,
iowa80truckstop.com, (563) 284-6961.
HOPE TO MAKE ONE YEAR.
AUG.
13-14: WAUPUN TRUCK-N-SHOW, Waupun, Wis., www.waupuntrucknshow.com, (920)
324-9985.
AUG.
13-15: GREAT SALT LAKE KIDNEY KAMP TRUCK SHOW, Thanksgiving Point, Utah, Lehi
exit 284 from I-15, (800) 877-1320.
AUG.
14: MUSIC CITY CHAPTER Antique and Working Truck Show, American Truck
Historical Society, Putnam County Fair, Cookeville, Tenn., (931) 235-1311.
AUG.
26-28: THE GREAT AMERICAN TRUCKING SHOW, Dallas, (888) 349-4287, www.gatsonline.com.
WE GO EVERY YEAR. GREAT SHOW! ENTIRE FAMILY ENJOYS THE EVENT.
SEPT.
12-18: CVSA BRAKE SAFETY WEEK, www.cvsa.org,
or (202) 775-1623.
SEPT.
17-19: RICHARD CRANE MEMORIAL TRUCK SHOW, St. Ignace, Mich., Ed Reavie, (906)
643-8087.
SEPT.
24-25: MUSIC CITY CHAPTER 20th Annual Antique and Working Truck Show,
American Truck Historical Society and Middle Tenn. Antique and Engine Tractor
Show, Hyder-Burks Agriculture Pavilion, Cookeville Tenn., (931) 235-1311.
OCT.
1-2: “GUILTY BY ASSOCIATION” TRUCK SHOW & CUSTOMER EXPO, Chrome Shop
Mafia/4 State Trucks, www.chromeshopmafia.com,
(417) 624-2900.
OCT.
16-17: GOLDEN STATE TRUCKING EXPO, Fairplex, Pomona, Calif., www.thetruckshowlatino.com.
OCT.
23-24: TRUCKIN’ FOR KIDS, Toyota Speedway, Irwindale, Calif., www.prideandpolish.com, click on
Truckin’ For Kids.
NOV.
12-14: MECA SOUTH FLORIDA TRUCK SHOW, Medley, Fla., Eric Garcia, (305)
884-2028.
Read more at: www.cvsa.org
Posted by: The DOT Doctor AT 04:10 pm
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The Commercial Vehicle Safety Alliance has scheduled its annual Roadcheck event for June 8-10. CVSA scheduled the event to eliminate scheduling problems during the weekend following Memorial Day, May 24.
Roadcheck is a 72-hour event in which an estimated 10,000 inspectors set up more than 1,000 checkpoints on highways across North America to monitor truck safety compliance.
Last year, the vehicle compliance rate of 80.4 percent was the highest since 1996, CVSA said. The driver compliance rate of 95.7 percent was the highest ever.
Trucking companies have USIS or DAC as most drivers have come to know the report. Trucking companies can write ANYTHING they want about you and use this a poor retention tool. Companies low on the ethics scale will purposely falsify a DAC report in a desperate attempt to make a driver unemployable so they are forced to return to that company.
Smarter companies see through this facade. Many companies have chosen to avoid this untrustworthy service. The information is not reliable due to the allowed collection methods. If DAC would take the time to verify the data entered by the companies, notify the driver and ask for their side of the story as well as proof from both the company and the driver; then the information may be more reliable. At least an attempt for honesty and good faith on the part of USIS/DAC would be recognized. Even credit reports require proof. Why then is DAC a one sided street?
Correcting incorrect DAC reports may be possible however it is a long and complex process. Just obtaining a copy of one's DAC is a foreboding process. Company's bent on protecting their interests further impede the process by often telling the driver they will clean up their post and then order their "DAC reporter" to not do so or to wait until a protest letter arrives. If DAC is a report of truth, why make it so hard?
Recruiters are paid to fill seats. They will promise the world to do so. Some even do this in good faith not realizing the real story that occurs once a driver passes through the door. How can they not know? Because many recruiters have never even visited the terminal. They work from a remote or home office and have no real contact with the "real world" of the driver.
So what can a driver or O/O or even a fleet owner do to protect themselves? How can you avoid a potentially bad company? Research! Right now the only way to find out if that new job offer is all it appears to be is to take the plunge or do some recon. Talk to drivers. Use Facebook or other social networking sites, take time at a truck stop or shipping/receiving location to search out and find drivers from your prospective new company. Ask the questions that matter to you. Remember each driver has their own agenda. What is important to me may be meaningless to you. Get the facts on what you care about finding in a company.
I once found a company by seeking out potentials in a truck magazine then looking to see if I found them in the area I was stuck in. When I finally did not find the a potential company, I knew it was right for me. Why? Because I was stuck running in a location that I wished to be far from. At orientation the owner came in and did the Hi, Welcome speach that any good company owner would do. He then went around the room and asked why we came here and how we learned of the company. I told my story. He found it strange but was intrigued. It was what worked for me.
Other alternatives are internet searches. Find their Hover report, check Rip Off Report and search for that company on blogs. Read all you can find. Check Safer Stats. Now, take what a driver says with a grain of salt. We all complain when we are upset at a company. But when you find bad report after bad report, year in and year out...you can see the pattern. If you find excellent reports and then sudden groupings of poor ones, find out what changed. Was the company recently bought out? Did the kids take over? What happened? Take time to investigate. Interview the company. Don't just jump ship and hope you land well. Do your homework because they are doing their homework on you.
Would it not be easier if there was on place to find this information? Well here is my proposal. I propose a DAC type system for companies. If companies can report on drivers as will, then drivers should be allowed their say. Drivers and O/Os need a place to gather info on companies and their practices.
What I would like from my readers -
(1) List the company name and address (city, state is fine)
(2) List driver type (O/O, co, regional, local, etc...)
(3) Time in service at said company
(4) Tell your story. Good or bad. Share the pros and cons of the company. List names, facts and dates.
(5) Try to hold opinions and stick to facts but feel free to express yourself. Do limit the cursing please.
(6) Tell what you tried to do to reverse the issue and with whom you addressed the situation.
(7) What are you doing now? Are you suing? Did you file a BBB report? OOIDA contact? What avenues are you taking to gain justice?
(8) If experience was good - what type of driver would you recommend to this company? Who should they contact? What qualifications are needed?
(9) Anything else you feel is relevant.
(10) If you feel comfortable; leave your name or handle, location and email. It would be great if other drivers could contact you for more info. If not comfortable with that, that is fine. This is all optional.
Let's get this going on here at one location for us all. Just leave a comment to this post and you will be heard.
If there is enough response, I am willing to pull Safer Scores and add them to your posts. I will also expand these postings into their area or web site so we all can benefit.
Now it is all up to you! Take the bull by the horns and let your words be heard. Drivers unite! It is time we fight back to the unjust ways of DAC.
Posted by: The DOT Doctor AT 01:30 am
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