Land Line Now Daily Blog

Thursday, April 30, 2009

 

Three truck hijackers sentenced in New York; Georgia hijacker arraigned

In New York, three men convicted of a series of violent truck hijackings were sentenced to between 26 and 55 years in prison on Monday, April 27.

Two of the three were convicted of pistol-whipping a driver and stealing a tractor-trailer with perfume and other merchandise worth half a million dollars.

The man identified as the ring-leader, 36-year-old Angel Diaz, got a 37-year sentence, but won’t be able to start serving it until he serves a separate, 15-year term for attempted murder in an unrelated case.

In Georgia, a man who allegedly stole a bobtail truck on Tuesday, April 28, and led spolice on a six-county chase – while the truck’s rightful driver hung onto the back of the cab – was scheduled to be arraigned today. 27-year-old Milo Demetris Banks faces multiple charges, including kidnapping, theft and fleeing police.

He allegedly stole the truck from a Kroger parking lot near Atlanta, and truck driver Torrey Lang jumped on the back in an attempt to stop the theft. In live television coverage, the 33-year-old Lang could be seen hanging on outside the cab as Banks drove along Interstate 75.

Police used stop sticks to blow out several of the truck tires, and Banks gave up after a struggle.

A police officer was hit by a ricocheted bullet that was accidentally fired by another officer. Lang suffered minor cuts and scratches when he jumped off the tractor as it was slowing to a stop.

--by Reed Black, news anchor

Land Line Now


Wednesday, April 29, 2009

 

We can make a difference if all of us act

When we talk about apnea, or the hours of service, or the hazmat endorsement process, or highway funding or any other trucking issue, the obvious question comes up: How do we solve this?

The answer is more simple than most folks think.

You have to get involved.

That means voting in every single election. It means looking at a candidate’s whole record – not just the part they put in their TV ads, but all of it, good and bad. And it means acting appropriately at the ballot box if your representatives – federal, state or local – have done truckers wrong.

But I’d add this: You need to call the folks in office now, and call them often. Let them know what you think of the measures they’re considering, and what measures and issues you think they should consider.

Share your personal experience on trucking issues; you’re the industry expert, and you need to give them the benefit of your knowledge.

As I said, if you’re not satisfied with your members of Congress, you should use your vote appropriately. But don’t threaten the folks who hold those offices now. If they are listening, that will put the conversation to an end, and pretty much make them forget what you said.

We have to work with the folks there now. Even if you think they’re the wrong people for the office, the fact is they’re the people in that office. Their number one priority is to stay in that office. And they will do what they need to in order to keep voters happy.

After all, voters are the ones who hire or fire them. They know that, and you don’t need to remind them.

But if they hear from a thousand truckers that they want something done, and all of those truckers are active voters, then they’re likely to act.

Remember, they can tell if you vote, but not who you vote for. Use that.

Get to the ballot box, call your members of Congress and the state legislature, make your voice hear, and we can make a difference for everybody in this industry.


Tuesday, April 28, 2009

 

The right to be left alone

I think by now, I’ve heard about every possible opinion and observation about Minnesota’s fatigued driving evaluation checklist. But a few of them stand out.

One big one is that this list ignores the realities of trucking. It’s still pretty obvious to me that they’ve never even talked with someone who drives a truck.

But another one, a bigger point, is the invasion of a trucker’s personal privacy.

They officer in charge said that they want to determine whether you’re doing things in your sleeper besides sleeping.

Well, guess what. Take out the word sleeper, and put in the word home. For a lot of truckers, that is home.

What I do in my home is no one’s business but mine. And I think the same should be true for a trucker in their sleeper. This is simply too much of a reach for a government that’s supposed to work for the people.

The Supreme Court once defined privacy as “the right to be left alone.”

It’s about time Minnesota followed through on that idea, and left trucker’s private information and private space the heck alone.


Monday, April 27, 2009

 

Private Parts

Recently we gave a fat, juicy, mustachioed RAZZBERRY to mustachioed reporter John Stossel of ABC’s 20/20 for a lopsided report he did awhile back on public-private partnerships.

In case you missed the RAZZY and/or the report, here’s a recap: “Hi, this is John Stossel. Public-private partnerships are a good thing and all other opinion on the subject is shortsighted and wrong, including yours.”

So if we already gave Stossel a good RAZZ-ing for his (un)evenhanded journalism, why am I bringing it up again? Because I have more ammo. And it’s just fun.

The new ammunition came the other day in the form of an earnings report from Macquarie. You probably know Macquarie best as the owner of the Indiana Toll Road. The company also owns the Chicago Skyway, the Dulles Greenway in Virginia, the South Bay Expressway in San Diego, and is currently in negotiations to buy your driveway and the path leading from grandma’s house to the garden out back.

Macquarie may want to hold off on those last two, because the news from the earnings report wasn’t good. Indiana, Dulles and South Bay were singled out as three of the company’s worst performers, with Indiana easily topping the list. Those roads saw less traffic than a one-way, dead-end street. Paved with nails.

Okay, maybe that’s a slight exaggeration, but the point is, traffic was down significantly. And why? Macquarie pointed to the bad economy and harsh winter weather, but there was another culprit lurking behind the scenes. Toll increases went into effect on all three of those roads in January. Coincidence? Not likely.

One report I saw quoted an Australian analyst as saying that Indiana and San Diego were basically worthless for Macquarie. So what does a company do with an asset that is worthless when it’s locked into a 75-year contract with, say, Indiana? I imagine we might find out before this year is over.

Which brings me back to Stossel. He strutted around during his report, talking as though public-private partnerships held all the answers to our transportation funding problems. Stossel said one of the biggest benefits of public-private partnerships is that the roads are maintained at virtually no cost to the taxpayer. Um, John, who do you think is paying the tolls on those roads?

Well, according to the Macquarie report, nobody is, so maybe he was right on that one after all.


Friday, April 24, 2009

 

That sinking feeling? It could be your pocketbook

How should we fund our highways?

Federal officials will soon consider that very question. And there’s a good possibility that at least some of them will want some new kind of tax to help fill up the highway trust fund.

However, other issues should be considered first.

For years, the government has squandered the funds that truckers and other highway users have given them.

We’ve seen huge sums of money swept away on bike and hike trails, pretty flowers at the roadside, parks, museums, pushed into the general fund – where it could be used for who knows what – and just about anyplace else the government wants to send our money.

These funds were set up as a dedicated tax, a user fee, a tax to pay for roads, supplied by the people who use them.

OOIDA has made the point several times that the fuel tax is still the most equitable way to fund highways.

But we’ve also said over and over to lawmakers, media, and others that until we reform the way we spend the highway money we have now, we’re very, very reluctant to stand behind increasing those fuel taxes, much less adding any taxes on top of it.

It’s a simple stand, a moral and ethical stand. And with the new highway bill being put together right now on Capitol Hill, it’s a vital stand, one that could protect truckers from being saddled with additional, redundant and unnecessary fees.

It’s more than your wallet at stake. It’s a principle. And it’s one we don’t intend to back away from.


Thursday, April 23, 2009

 

Packing Day

Recently, for the first time, I participated in packing day.

My job was to stick clear-plastic-covered address labels onto each large cardboard box as they moved down the assembly line.

A label might say:

SFC Ryan Hendley

HHC 82nd CAB

Bagram Air Field

APO AE 08772

Afghanistan

The donated boxes (from Zarda and Two Men & a Truck) come flat and are opened up and taped at the far end of five long tables that are placed end to end.

Volunteers on both sides of the tables begin loading them with items paid for by the truckers who donated to the “Truckers for Troops Telethon.”

One set of volunteers puts socks, lip balm, Frisbies, self-heating cocoa and talcum powder into the box; then they quickly shove it down the table to the next station.

The process repeats itself as books, candy, toiletries and letters and drawings from kids are added.

Eventually, the box comes to me – weighing 50 to 60 pounds and chuck full of practical and entertaining things.

I slap on the address label and shove the box over to the volunteers whose specialty is adding packing material on top…closing and taping the box…and moving it to the banding machine, which cinches each box up tight in plastic strapping.

There are probably 15 or 20 of us on the assembly line down in the garage.

There’s laughter and the usual grab-assing.

But mainly, there’s a bunch of people working hard to quickly construct, load, label and secure more than 100 boxes—each one with enough items for a whole squad of soldiers in Afghanistan or Iraq.

It’s a neat process.

It’s neat to be part of packing day.


Wednesday, April 22, 2009

 

Truckers aren't the real problem; a lack of safe parking is

When we talk about truck parking, we tend to stress the shortage of spaces. Even though truck traffic is down, we still have some places in this country with far fewer spaces than are necessary to accommodate the truckers passing through.

Safety and security in those spaces is a new aspect to the situation, especially in the wake of two incidents, one of which led to a trucker’s death.

However, when we talk about the shortage, it’s not just a matter of less pavement than we need. Some places that do have space won’t let truckers use it.

So why is that? Some truckers think the problem lies with the drivers themselves – and the fact that some of them, frankly, are slobs.

I’ve heard several times over the years about parking lots where people literally opened the door, dumped out their trash – and worse, their human waste – without even bothering to walk 20 steps to a trash can that is there just for that purpose.

I’ve also heard of parking lots strewn with a combination of toxic crud that would frighten the socks off the head of EPA’s SuperFund.

OK, so those folks who say drivers are part of the problem have a point.

But let’s remember, this is a minority of truckers.

Ask yourself, are you that way? I’m betting most of you aren’t.

What I’ve found over time, observing myself and talking with other truckers, is that a very small number of folks acting irresponsibly can make a very, very big mess.

And I’ve found, not just in this situation, but pretty much in any aspect of life, that when a big mess gets made by a few people in a group, the whole group gets blamed.

And that, my friends, isn’t how things are supposed to work.

If we need stricter enforcement of littering laws, that’s one issue. And it’s a good issue.

However, it doesn’t eliminate the real issue: The government enforces very strict limits on truckers’ time, and when they have to rest.

At the same time, there are more truckers than there are parking spaces.

If the government wants to enforce these time limits, I think they have to give attention to the fact that it is literally impossible in some places to obey that directive.

The government long ago established that it has a role here. At the same time that President Eisenhower established the interstate system, the government established a national system of rest areas, which it calls “safety rest areas” – a phrase that acknowledges their function.

Truckers pay the lion’s share of the taxes that cover the cost of those rest areas, just as they pay the lion’s share of all road taxes.

When I pay for something, I want a certain level of service in return. If I don’t get it, I take my business elsewhere.

Unfortunately, when the folks I’m paying are the government, I don’t have that option. That’s why citizens have the right to ask their government to change its ways, and do a better job of serving the folks who pay the bills.

It’s in the Constitution. Really. Look it up.

Truckers have these rights, just like any other citizen. And it’s time truckers started to insist that their rights be honored as well.


Friday, April 17, 2009

 

Checklist Fatigue Part IV: OOIDA officials say Minnesota's method creates more problems than it solves

By Mark H. Reddig
Host, Land Line Now

Recently, OOIDA member Charlie Thurman was pulling his rig down the road, entering the state of Minnesota on a run.

Charlie’s a unique guy. He has a medical condition – one that his doctor is treating, and that is well documented on his medical long form. It’s an extreme sensitivity to light, one so severe it requires him to wear extremely dark glasses at nearly all times.

Without his shades, the effect is quick and predictable. His eyes become red, irritated and watery.

And that’s what got Charlie into trouble with the Worthington, MN, weigh station.

The Long Beach, CA, trucker pulled into the scales an hour and a half after starting his day, his logbook clear for a full 14 hours on duty.

“The scalemaster has me pull over into the parking lot and come inside, and then he wants to do a survey,” Thurman said.

Being an honest man with nothing to hide, and a law-abiding citizen who wants to help law enforcement, Charlie said yes, sure. What could be wrong with taking a survey?

The questions, however, sounded odd – what is your neck size, do you have a TV inside the sleeper, and so on. As the scale house worker asked each question, he checked off an item on a paper list in front of him.

Then the inspector did something Charlie did not expect.

“You know, he asks me to take my glasses off,” Thurman said. “And I tell him, I wear them because I have light sensitive eyes. And he says, take ’em off anyway, you know, in a rather stern voice.”

The predictable happened. Within 15 minutes, Charlie’s highly sensitive eyes began to react to the bright light in the room, became irritated, red, watery … and painful.

And soon he was put out of service, the latest trucker to face the judgment of the Minnesota Fatigued Driving Evaluation Checklist. To bring the point home, the scalemaster took Charlie’s CDL, saying he would give it back only after the out-of-service period.

Charlie asked for a copy of the checklist he saw the officer filling out; his request was refused.

“He told me, I don’t have to give you nothing. You have to do what I say,” he said.

Despite being put out of service to 10 hours, Charlie didn’t face a fine. What he did face was a near complete loss of a day’s driving with his heavy haul.

Because he only had an hour and half of driving in at that point, and because he could only drive up to sunset with the heavy load, he was only able to make it to the nearest truck stop after he was back in service.

Initially created as part of a fatigue evaluation process by Capt. Ken Urquhart of the Minnesota State Patrol, the checklist has become a source of controversy in the trucking industry.

Urquhart says the purpose is to keep fatigued drivers off the road. And he says it’s used, in part, to determine whether truckers are actually sleeping while on rest periods – something the law doesn’t require them to do during the entire, full 10 hour off-duty period.

Tom Weakley, director of operations at the OOIDA Foundation, says it’s a level of government control that simply isn’t warranted. And he, like other truckers familiar with the checklist, reacts to it on almost an emotional level.

“It’s like they want to put you in a cell when you go back into your sleeper part,” he said. “The next thing is, why don’t we just put bars across it and we’ll have the local police from Minnesota and Indiana have the only key, and they lock you in for those 10 hours and you have to have nothing in there except the bed, and you will, maybe they can even inject you with sleeping medicines so you’ll sleep.”

Charlie Thurman’s case is a good example of what kind of impact the checklist can have on truckers.

Joe Rajkovacz, a 30-year veteran of the road, a former police officer and now a regulatory affairs specialist at OOIDA, says it’s not just lost revenue from 10 hours of downtime.

“They are going to be put out of service for 10 hours, and in the case of Indiana, they’re actually encouraging the officers to cite the drivers under local ordinance, which is really, really curious,” he said. “It does talk about the fines being much more significant.

“Once again, you often hear this refrain from us about some of these enforcement practices: They have nothing to do with safety, and everything to do with revenue enhancement,” Rajkovacz added. “In this particular case, these people are hiding behind this mantra of safety.

“They can’t prove a thing they are saying,” he said. “They’ll come out and say, well, we’ve saved a zillion lives this month by putting truckers out of service because they were fatigued. They can’t prove that.

“The one thing that can be proved, though, is the increase in the amount of money that has flowed into their coffers.”

That was something Land Line Now was able to confirm.

Land Line Now news anchor Reed Black recently spoke with Maj. Tom Melville of the Indiana State Police. And he confirmed the fines charged for fatigued driving in that state.

“In most courts, it’s right about $150,” he said. “It’s just the normal, federal violation, which is court cost and fine, usually right about $150. Each court in the state of Indiana, they have specific court costs that they use, but their fine schedule is different. And we have 92 different counties, so the ballpark is about $150.”

The questionnaire in both states is voluntary. However, truckers are often unaware that they’re going through an interview process that can lead to them being put out of service – or fined.

Land Line Now has been able to document several cases where officers – without an initial screening called for by the checklist’s author – have put truckers through the process and put them out of service, failing to inform them about the nature of the process until they were declared out of service.

In each case, enforcement officers on the ground told the truckers they were taking a survey.

Joe Rajkovacz says that puts the truckers in a terrible situation.

“This is really a dangerous game to be playing with drivers,” he said. “Certainly, we don’t want to sit here and say do not be cooperative with roadside law enforcement. That is not any message that we would convey. You do want to be cooperative.

“But in turn for them to use that innocence of the driver, to ask them completely inappropriate questions, to make subjective checkmarks against them because they are trying to be compliant with a process where they are essentially being – at that time – deprived of their freedom, and they just want to be compliant, be cooperative so that they can get on with their day – to use that against them creates a friction that we should not even have in roadside inspections.

“I was a cop. What Capt. Urquhart is doing is something that I cannot imagine ever doing to another human being.”

That’s not the only problem the two former truckers see with the checklist as it’s used.

Tom Weakley says it exploits one of the worst statistics in trucking today.

“For instance, I happen to know that … over 30 some percent of our guys do not have health insurance because they can’t afford it; it’s a tragedy within our system,” he said. “And yet, you’re going to use that as a checkmark because he doesn’t have good dental hygiene or he has bad teeth or he has other health things? He has over-the-counter medicine. My goodness, he has allergies? There’s a fatigue factor for sure.”

In fact, Weakley and Rajkovacz suggest that the emphasis on certain trucker health information has the opposite effect. It does, in their view, create an unsafe driving situation, and possibly a legal one.

“For instance, one of the checkmarks is if you have a CPAP machine in your sleeper,” Weakley said. “That’s a checkmark.

“Now, a person who goes in and has been diagnosed with sleep apnea and gets one of these machines, it’s supposed to help him sleep and get better restful sleep than not having one.

“Talk about a disincentive. If I’m a driver, and I get a checkmark on this fatigue thing because I have a CPAP machine in there … I’m going to re-evaluate whether I even want to have one of those machines in my truck or not.

“Another (item) on the checklist is if they’ve been diagnosed with sleep apnea here,” Weakley added. “They got you coming or going there either way. So if I get one I get a checkmark, and if I don’t get one I get a checkmark, and if I have one and I get diagnosed, I get two checkmarks.”

Rajkovacz agreed.

“I’ve gotta say, this is why I get so frustrated,” he said. “Clearly, this reeks of civil liberties violations. But to even start to judge somebody based on the fact that they have a CPAP machine in their truck, it flies in the face of the protections that are given to people with disabilities under the Americans with Disabilities Act.

“These roadside law enforcement officers that are going to start to judge people based on having a CPAP – you know, you’ve heard me say this before – they’re not just on thin ice; there is nothing underneath their feet on that one.”

And that brings us back to the case of Charlie Thurman, the OOIDA member who found himself out of service at the Worthington, MN, Weigh Station.

As we mentioned earlier, Charlie had a documented medical condition – one that did not stop him from driving safely, but one that required an accommodation, special dark glasses to block the light that his eyes were so sensitive to.

Charlie is a good example. Had the officer on site not required him to remove his glasses, it’s doubtful he would have had the red, puffy, watery eyes that clearly played a role in the officer declaring him fatigued.

And Charlie says it’s never been something he’s hidden from law enforcement – and nothing that, until now, had ever been a problem for officers he encountered across the nation.

“I’ve been driving since 1974, and it’s on my medical long form,” he said. “The doctor who did my DOT physical … he called up my family physician and asked him about it. And they both determined that as long as I wear protective eyewear to protect me from being affected by light, that I’m qualified to drive.

“I’ve even been inspected in California. And even when I show them my long form, and they see that, they don’t even make a comment,” he said. “Over the years, I have had officers ask me why I’m wearing dark glasses. And when I informed them of that, they said, OK, keep them on.”

Charlie’s statement sound strikingly similar to those of Steve and Jeanette House, who also encountered the checklist in Minnesota.

Jeanette said she was struck how, over her husband’s questions, objections and challenges, the officers clung to the determination they reached with the help of the checklist.

“I called the Department of Transportation there, and they basically told me the same thing,” House said. “They said their knowledge superseded anything that Steve knew about his own body.”

Ultimately, those closest to the trucking industry say fatigue is not that big a problem with truckers. In fact, Annette Sandberg, former head of the Federal Motor Carrier Safety Administration, put fatigue as a factor in only 5.5 percent of accidents involving a truck.

But even when fatigue is a problem, Joe Rajkovacz says those who continually target anti-fatigue efforts at truckers themselves are missing the real target.

“The point is that fatigue certainly is an issue, but it’s in smaller percentages than what most people would realize,” he said. “By going after the driver on this issue, it’s akin to treating the symptom of the disease and not the disease.

“If you’re going to make a case for fatigue, you have to go up the supply chain, you have to go up to where the problems are being created,” Rajkovacz added. “Drivers don’t do things in a vacuum. There’s cause and effect here. If drivers are doing something that is affecting highway safety, you’ve got to look up the food chain and find out, what was the trigger?

“To just keep enforcing on drivers – this is one of the things that has come out of our federal government for the last few years, honestly, because people over at that other trucking association love to have drivers be the sole focus of enforcement,” he said. “They don’t want the mirror turned on them and their actions that show why drivers’ lives get complicated.

“One of the things, obviously, I’m referring to here is, hey, you just spent eight hours at a dock not getting compensated, unloading someone’s toilet paper by hand. Yeah, that’s probably going to make you tired. But we’re not doing anything about those things that cause drivers to be fatigued. No, we’re just going to put the driver in a Catch-22 and we are going to keep lacing it to the driver, hammer the driver.

“That’s a bunch of crap.”

Editor’s Note: If you have been subject to the checklist in either Minnesota or Indiana, you’re encouraged to contact OOIDA’s compliance department at 1-800-444-5791.


 

Checklist Fatigue Part III: A conversation with the man who created the list, Capt. Ken Urquhart

By Mark H. Reddig
Host, Land Line Now

What is fatigue? The question hangs at the center of a controversy brewing in Minnesota and Indiana.

The two states are taking a stab at defining what that word means – and taking action based on their definition – through use of an interview and the associated Fatigued Driving Evaluation Checklist.

The checklist was created by Capt. Ken Urquhart, a District Commander with the Minnesota State Patrol in the Commercial Enforcement Division.

Urquhart has been part of Commercial Enforcement since 1997, roughly 12 years. Three years after he joined, he was named the commander of the division.

In the interest of fairness, we wanted to give Capt. Urquhart the chance to respond to some of the concerns others had raised about the checklist, and the process that checklist is part of.

So we called the captain for a talk.

At times, Urquhart was explanatory, at times defensive of his division’s system, at times evasive, or even combative.

But in talking about how he first became involved in the state’s anti-fatigue efforts, he got straight to the point.

“Well, this started quite a long time ago. I personally got involved in this long before we rolled the program out here. In fact, I was attending a command and leadership program through Northwestern University. And one of the options in the program is to do a research project. I did my research project on driver alertness and put together a lot of research on that, and I got quite interested in it. Of course, in the division here, one of the regulations that is in place – and has been in place a long time – is in Chapter 49 CFR. If the driver is too ill – not paraphrasing, of course – if the driver is too ill or fatigued to operate the commercial vehicle safely, then they’re subject to an out of service order, or enforcement.”

At one point, Urquhart said he was working with researchers to find some test or technological tool that could help his officers determine whether fatigue is present.

“We conducted a joint research project with our center for transportation studies at the University of Minnesota to look at were there any technologies that might be able to assist us in making these determinations at the roadside. We evaluated a couple of different technologies through their human factors lab, and weren’t able to come up with any of them that could be conclusive for us to use as tools.”

He said he then moved toward development of the process used now – the process that involves the use of the checklist.

Urquhart said that process was developed using research. However, when asked what research was involved in developing the process, or how it was developed, Urquhart instead contended that the list alone is not used to determine fatigue.

“Well, really, what you’re looking at there is a very small part of our program. So it’s, all that you’re looking at there is an indicator list that our enforcement folks use to record their observations. We don’t use that as the tool to, or any one of those items on that list, to make their decision, so to speak, on whether a driver may be alert enough to operate … their vehicle. And I think that’s been a misnomer from time to time. I’ve got calls from motor carriers, and they go, what does this specific item on the list mean? Well, any one item in its entirety means nothing in itself.”

Urquhart went on to describe how a combination of factors could determine fatigue – such as a sleeper berth that looked as if it had not been used.

But when pressed further, instead of noting what specifically on the list – or what interview questions or answers represented on the list – could put a driver out of service, he instead pointed to cases where fatigue was obvious, even without the use of any list.

Urquhart: “One of the indicators may be if the driver falls asleep while we’re interviewing them, which happens quite often. They’ll be in our vehicle, and we’ll be interviewing them, and they’ll go to sleep.


LLN: “You say that happens quite often?”


Urquhart: “Yes. Or I’ll give you another real-life response. For instance, why were you driving in the fast lane? Well, I was really tired, and I was trying to drive with one eye closed and one eye open to try to get some rest and drive at the same time.”

LLN “Well, you said quite often. I mean, you’re an experienced officer; you’ve been out there in commercial enforcement. How often is quite often? Can you give us a rough percentage?”


Urquhart: “Well, far more often than you want to see happen when they’re operating those kinds of vehicles.”


Urquhart didn’t indicate how the list or the interview associated with it enhanced the ability of an officer to determine whether someone who fell asleep in their patrol car was fatigued.

Pressed further about how checklist is used, or how the overall process is used, Urquhart continued to insist that the checklist was not used as a checklist, and that it was only a tool to determine whether his officers had correctly conducted an interview with a trucker.

LLN: “What combinations of items on this list lead you as an officer to the next step, and what is that next step in the process?”

Urquhart: “Well, we don’t use this as the initial step. This is something the officer documents in the interview. It is not used in the preliminary, if you want to call it, the preliminary contact with the driver.”


LLN: “When you get to the list, how is it used, and … what on it would lead you to the next step from the list and then, what is that next step?”


Urquhart: “There is no next step from the list. It’s a, we ask them to, it’s a tool we asked our folks to use to ensure that they conduct their interviews in consistent and standardized fashion is what it is.”


LLN: “It may be we’re just talking about a difference of wording here. Obviously, if you get a rating on this list that tells you that you have reason to believe someone’s fatigued, you’re going to take some action. Or you’re going to go to another step in a process. I mean, will no one have a ticket or no one be placed out of service at any point in here?”


Urquhart: “If we, if one of our folks that is trained to do this is … the optimum action will be placing the driver out of service.”


Pressed further about how the list is used in the process, Urquhart became insistent.

Urquhart: “The form if you want to call it that, or the list, or however you’re referring to it, is a verification that our folks conducted their interview or their contact with that driver in the fashion that we trained them to do it. So you’re … and see, that’s the confusion, the danger of this thing is that you’re looking at this thing and saying, well, if I check off so many things on that list, you’re going to put them out of service. No, no, no, no, that’s not the way it’s used.”


LLN: “OK, how is it used? I guess that’s what I’m getting at is I’m still not clear on how this is used in the process. I mean, it says on it it’s a checklist. So obviously, they’re going to be checking things.”


Urquhart: “So basically, let me say this, if I put a statement at the top of that piece of paper and instead of checklist, I said did you conduct your interview in accordance with your training. That’s what it’s used for. It’s to ensure that, as I look at … this activity that our people are doing, I want to make sure that they’re conducting this process the way they were trained to do it. … It represents what they observe, and how the person presents themselves. The items in the interview, responses and things like that, are not covered on that checklist.


LLN: “OK, but these are the categories that they should be covering in the interview, aren’t they? I mean, obviously this plays some role or you wouldn’t print it, right? I mean, again, to me, it’s just makes sense that they’ve got to have some connection to the process or you wouldn’t be having them printed.”


Urquhart: “It does have a connection. Like I said, it tells us that they’re conducting their interview in a standardized fashion, and that they’ve observed the environment of the subject. And also interviewed them based on the criteria that we’ve instructed them to do.”


That instruction is another part of the issue. Some reports had placed the amount of training officers received at as little as three hours.

Urquhart was less definite, saying that it involved classroom time and some time in the field in a group setting. However, he placed the total time involved as a matter of hours – often in the range of eight hours or less.

Some question whether the hours of training received are enough to determine whether someone is fatigued – something that amounts to a medical diagnosis.

Urquhart contends it is. In fact, he says officers who receive the training can be more qualified to diagnose fatigue than medical doctors.

Urquhart: “Well, if you do your research, you’ll find out that there’s a significant percentage of medical doctors that don’t even diagnose sleep disorders properly. They lean toward depression.”


LLN: “Well, if doctors that have years of training can’t, then how would you contend that hours of training can accomplish what years of training in medical expertise cannot at the doctorate level?”


Urquhart: “It’s similar to the drug recognition examiner, that once you complete that training, there’s the message they tell you is that you’ll have a better working knowledge of drug abuse than most MDs do, because you’re focused, you’re focused on a very narrow aspect of that person. And uh, that’s, uh, that’s the, I think that’s best answers your question.”


LLN: “OK, well, let me ask one on that too, because you mentioned earlier …”


Urquhart: “Because doctors, most MDs, most doctors use a process of elimination. They’re trying to figure out what’s going on here, and there could be a wide range of things.”


Some of the individual questions officers ask in arriving at the specific conclusion of fatigue have caused concerns in the trucking industry.

Urquhart objects to any examination of his department’s fatigue evaluation process that involves looking at individual checklist items; he refers to the practice as “cherry-picking the list,” and he says it ignores the way the process works.

However, opponents, including some at OOIDA, point out that the interview at the core of the process includes subjects covered under the list – so such criticism is warranted and valid.

One checklist item that raised some eyebrows was the inclusion of printed material. The Minnesota checklist includes “books, magazines and papers,” while Indiana’s checklist has “adult materials” listed.

The first amendment to the Constitution allows any U.S. citizen to read what they choose to, and to not face government punishment for their reading choices.

Urquhart maintains that despite that, it’s valid to include such item in the list.

“When you start to see copious amounts of material or whatever you want to call it that, where the driver is doing everything in the truck except for you know, sleeping when they should be sleeping, or using the sleeper berth for rest, then, there is a concern with that.”

Particularly troubling to some is the inclusion on the checklist of the CPAP – a constant positive air pressure machine, which is used to combat sleep apnea.

Urquhart says the main concern is whether the CPAP is being used, whether it is being effective in providing rest to the trucker.

LLN: “That’s a sign that you’ve combated fatigue, not that you’ve got it. Why is the CPAP on the list? Doesn’t this mean – again, playing the devil’s advocate – that they in fact have taken care of their fatigue and not that they do have it?”


Urquhart: “If they use it.”


LLN: “Without a card that can be read at roadside – and I have checked, there is no such card available – for roadside available, how do you know if they’ve used it?”


Urquhart: “We don’t.”


That, Urquhart says, is why interviewing the trucker, getting the trucker comfortable, and getting the trucker to answer questions honestly is imperative to the process.

Officers who use this process to put truckers out of service depend on the trucker providing information during the interview. Without it, Urquhart says they cannot make a determination.

However, the captain says taking part in that questioning – and providing answers – is not required.

“If the trucker so desires that, I really don’t want to answer any of the questions you’re asking me, that’s his option. He’s not bound by any of this. But, you know, they do, and like I said, they actual contact starts out as a cursory contact, then evolves into an interview, and then from there gets turned into a conversation. And pretty soon, they’re telling us about lots of different things that are related to not only their job, but their personal life and whatnot, and they tell us what they’re struggling with, and what … status they’re in at that time.”

Urquhart says one of the big concerns – a piece of key information at the heart of the checklist and the process – is figuring out whether the trucker is doing things in the sleeper berth besides sleeping.

Urquhart: “When you look at drivers that have logged, you know, 22, 24 hours in the sleeper berth at one block, I mean …”


LLN: “Is it possible that they were between loads?”


Urquhart: “Well, but, how much sleep are they getting? Are they in the sleeper berth sleeping, or are they in the sleeper berth doing other things? So …


LLN: “Is there a specific law saying they can’t be in the sleeper berth doing other things?”


Urquhart: “No, no, but there is the concern, and there is the regulation about being too ill or fatigued to operate the vehicle safely, so if you’re not sleeping or getting the rest you need … Eventually, your body needs certain things to survive, right? One of them is sleep. When your body decides to shut down, it will do that, and it doesn’t matter if you’re behind the wheel of a vehicle or not.”


OOIDA continues to get calls from truckers who say they are not fatigued, and who do have hours on their logbook to drive, but who are being put out of service using the checklist and the process that goes with it.

Editor’s Note: If you have been subject to the checklist in either Minnesota or Indiana, you’re encouraged to contact OOIDA’s compliance department at 1-800-444-5791.


 

Checklist Fatigue Part II: Critics say checklist subjective, unscientific; officers stand by process

By Mark H. Reddig
Host, Land Line Now

When OOIDA member Steve House was stopped in May of 2008 at the Red River Weigh Station in Minnesota, he thought he was going to take a little survey.

The officials at the facility said, it was just a questionnaire, a conversation they were going to have. No harm here, they said, just a little talk.

“They just kept on going and asking me a bunch of goofy questions; it really didn’t make no sense to me,” House said. “They never really told me what they were doing.”

What they were doing was walking Steve through what officials in the state call the “Fatigued Driving Evaluation Checklist.”

The system was developed in Minnesota, and is now also used by some officers in Indiana. It’s a series of questions about the condition of the truck, the sleeper, the cab and the driver – a list that officers claim can determine whether a trucker is or is not fatigued.

In fact, that is the very conclusion they came to after they talked with Steve – that despite his 10 hours’ rest, and despite his feeling very alert, that he was unfit to operate the truck … that he was too tired to drive.

With an up-to-date logbook showing plenty of hours to drive, Steve House was put out of service for 10 hours.

When he challenged whether the questions – or the conclusion the officers reached – were valid, the response was quick:

“He says, we’ve been trained in this, and I feel we’re the professionals; so they put me out of service,” House said. “They said, if you drive that truck within 10 hours, and we catch you, it’ll be a $10,000 fine and some time in jail.”

OOIDA has received reports that the list is being used in both Minnesota and Indiana to determine whether drivers are fatigued, with an eye toward either putting them out of service, or in some cases, citing them for fatigued driving.

But are the checklist and the items on it a scientifically valid measure of fatigue?

Major Thomas Melville with the Indiana State Police told Land Line Now’s Reed Black the answer is yes.

“The fatigued driving evaluation checklist that we put together in our commercial vehicle enforcement division goes out to law enforcement agencies that are interested in using it,” Melville said. “We use it for a checklist, or a tool to identify drivers that are fatigued to the point that they should not be driving.”

In Indiana, that checklist includes things like:

· Is your truck’s exterior dirty?
· Is your wastebasket full?
· Does the trucker have dental problems?
· Is the driver dirty or disheveled?
· Does the driver have a noticeable body odor?
· Does the driver have adult materials in the cab?
· Is there a television in the sleeper?

Not surprisingly, some truckers take issue with the inclusion of things like a television in the sleeper – a legal activity. But Melville says they are part of what he sees as a legitimate evaluation.

“These are indicators that help us identify if there is an issue with a driver,” he said. “You are correct: Having a television present in the sleeper in itself is not an issue.

“But if you have a television present, and you have six or eight other identifiers on this checklist, it gives us an idea that we maybe need to look at the driver just a little bit more closely and see if this driver is getting the kind of rest they should be, and are still fit to be able to drive.”

“The urine bottles in the cab give us an indication that they’re not stopping and taking proper care of themselves,” Melville added. “Messed up hair, not having showered for a few days, bloodshot eyes – there’s just a host of things that we have on the list that we look for.

“If you get to the point that you have six or eight of these, you really need to be looking closely.”

While some in law enforcement readily support the list’s validity and effectiveness, others are less sure.

One of those is Dr. John McElligott of the Professional Drivers Medical Depot, a practice that specializes in treating truckers.

McElligott looked over both the Indiana and Minnesota checklists. And he could find no medical basis for including a dirty truck, truck maintenance, a messy sleeper berth or a dirty cab on a list of items to determine fatigue.

“Especially in this economy,” he said. “That has no medical basis whatsoever.”

He had a similar reaction to use of items like computers, cell phones, pets, clothing in the sleeper, a full wastebasket or a full urine bottle, all of which are on the checklist – saying in each case he found no medical basis for including them.

But McElligott saved his strongest reaction for two particular items on the list – sleep apnea, which can earn you a checkmark, and the presence of a CPAP, the device used to treat apnea – which will also earn you a checkmark.

“I don’t understand what they’re trying to accomplish there,” he said. “Obviously, if you have a CPAP, you can’t take a card and do a reading right there on the road. So it’s not useful to determine fatigue.

“My feeling is that if they’ve got one (a CPAP), then that’s great. They’ve obviously had a study, and they’ve been treated, and they’re back on the road.

“Just having one in your truck doesn’t indicate you’re fatigued.”

Tom Weakley, Director of Operations at the OOIDA Foundation, agreed.

Weakley’s department is the research arm of the Owner-Operator Independent Drivers Association. And part of his duties is to examine all existing research on subjects that relate to the trucking industry, including fatigue.

“Part of my job is to do research … and to study research that’s being done,” Weakley said. “I have studied just about every bit of research that’s been done on driver fatigue in the last 10 years. I’ve got volumes of those things in my office. And I don’t remember a single study that equated bad teeth, magazines in the sleeper cab, and those kinds of things (with) fatigue by any researcher I have ever looked at.”

In fact, even defining fatigue can be a tough task.

Weakley says there is no universally accepted definition of fatigue, even in the federal regulations that say a trucker can be pulled off the road if he is fatigued.

“No one has sat down and said what fatigue is,” he said. “It usually gets down to sleepy. They’re sleepy, or inattentive, or whatever it is, but they never really can define what they mean by fatigue.

“If you can’t define it, then how in the world do you manage then to cite somebody for that and put them out of service?”

That’s a concept that Dr. John McElligott of PDMD says matches his experience.

Perhaps no medical expert or official has examined as many truckers as McElligott. And he says fatigue evaluation is not something that can be broken down into a checklist.

“Fatigue is pretty much subjective, not objective,” he said. “Now, if you’re impaired, then it’s objective, you can see it. You know, if somebody’s sitting there, and stammering, can’t talk, slurred speech, can’t stand up they’re so tired, then that’s one thing.

“That’s not something you see in drivers. We’ve seen more than 20,000 drivers since we opened PDMD. And if anything, they’re energized.”

However, Major Melville of Indiana stands by the test, and the law-enforcement officers who administer it.

“Well, they don’t seem subjective to me because I’m a law enforcement officer; I’ve been doing this for 31 years,” he said. “When I stop a drunk driver, or a suspected drunk driver, and get them in my car and begin to interview them, just because I smell what I believe to be an odor of alcohol does not necessarily mean that’s what it is.

“Somebody with diabetes can portray some of the same symptoms of intoxication, if you will, and that’s why we have to interview them,” he added. “We have to look for the different items on the checklist, if you will, just to see whether they’re intoxicated or they’re not.”

Melville sees the fatigue checklist in the same way. The presence of adult material alone may not be enough to indicate fatigue, he said, but it may indicate it when combined with other factors.

And if someone has, for example, a CPAP machine, Melville suggests the officer has to determine if they’re using it correctly, if it is allowing them to get the proper rest.

“That’s why it’s important for us to interview the drivers and get information from them,” he said.

Major Melville gave the example of three truckers he cited in the past year and a half for fatigued driving.

All three men literally fell asleep in the front seat of his car as he was interviewing them. And all had conditions that would have qualified them for numerous checkmarks on the Indiana checklist.

“Their log wasn’t current, their sleeper wasn’t … you could tell that it had not been used; they had stuff all over it,” he said. “The inside of the cab was just absolutely filthy. They hadn’t taken care of themselves; they’d just run themselves ragged.

“These three particular drivers probably had about 20 or 25 items checked off on this list.

Joe Rajkovacz is currently a regulatory affairs specialist at OOIDA. Until recently, he was a trucker – a 30-year veteran behind the wheel. And he has also been a law-enforcement officer.

Rajkovacz reacts at an almost emotional level to the checklists in both Minnesota and Indiana. And he disagrees fundamentally with those who equate the list with other law enforcement techniques.

“One of the problems with these checklists, and I’ve said it, is that they are subjective,” he said. “It’s left up to the interpretation of the roadside officer to come up with a conclusion.

“That’s not how we do things in this country,” Rajkovacz added. “Yes, we want to encourage law enforcement to investigate, to have that nose to the ground, in order to stop criminal behavior.

“That’s not what’s going on here. This is about depriving people of their liberty based on you’ve got bad teeth, you have adult materials in the cab, and you stink.”

As an example, Rajkovacz pointed to the situations that many truckers face in loading and unloading freight.

“I just spent 8 hours unloading a load of fish down at the market. Yeah, I do stink. I’m on my way to the truck stop,” he said. “You can’t win as the driver with this checklist.

“What you’ve done is you’ve empowered somebody who really wants to put the screws to you to take enforcement action against you,” Rajkovacz added. “This stuff probably wouldn’t stand up in any federal court in this country.”

So is there a test that can determine whether a trucker is fatigued, a medically, scientifically accepted method, a method that would hold up if challenged?

Dr. John McElligott of PDMD says maybe, but not with the minimal training officers giving the test has received.

“There are things you can do, but they’re not things that can be done by somebody with three hours of training,” he said. “You get somebody in, and you see a demeanor of fatigue, a guy’s just wore out, there’s no glisten in his eyes, he’s dehydrated, he’s anemic looking, he’s pale, things like this.

“But this is something that has to be determined by a doctor, not a three-hour trained highway patrolman.”

Editor’s Note: If you have been subject to the checklist in either Minnesota or Indiana, you’re encouraged to contact OOIDA’s compliance department at 1-800-444-5791.

 

Checklist Fatigue Part I: A so-called 'survey' puts a 30-year safe driver out of service

By Mark H. Reddig
Host, Land Line Now


For Steve and Jeanette House, it was a simple run through a weigh station, but made during an urgent mission.

The 30-year trucking veteran and his wife were in their Kenworth, traveling from their home in Springdale, WA, and headed to Michigan, to provide support to a sick relative, diagnosed with terminal cancer.

Even though Jeanette has a CDL, she doesn’t normally run with Steve. However, because of the situation, they chose to team-drive the run.

The couple was headed westbound on I-94 when they came up to the Red River Scale just inside Minnesota. They took their turn in line with the other trucks and moved forward.

And that is when it happened.

“I just rolled up there, and there was a stop sign, stopped, and then I took off,” Steve said.

Shortly after he started moving again, a man came running up to the rig.

“He jumped up on my truck and just started screaming at me,” Steve said. “He says, didn’t you see that stop sign? And I said, yeah, I stopped.”

Enforcement officers asked Steve to come into the scale house. They brought him into a small, windowless room. Jeanette was told she could not join him, that the officers were going to take Steve “into the back room and talk to him for a while.”

Several people from the weight station joined Steve in the room, but did not identify themselves at that time. They grabbed Steve’s logbook, they sat him down and said they just wanted to ask some questions … a survey.

“I really didn’t know what was going on and they never did say what they were doing,” he said.

The scale house official said “this isn’t going to take long, and it’s probably going to be no tickets.”
However, for the next 45 minutes, they questioned Steve about everything from his neck size to how often he goes to the bathroom.

And at the end, they told him that even though he was just off his 10-hours rest, even though he felt fine and alert, even though his logbook showed plenty of hours to drive, they had determined he was fatigued, and put him out of service.

And if his hand put the key in the ignition any time in the next 10 hours, they said, he would face a 10,000 fine … and possibly jail time.

Steve House had become a victim of the Minnesota Fatigue Questionnaire, a project promoted by an officer of a State Patrol Trooper, a list of apparently arbitrary questions that officers say determine whether a trucker is fatigued.

The incident took place some time ago – back in May of 2008. And when Steve and Jeanette first pulled into the Red River Weight Station on westbound I-94, it was obvious something unusual was happening.

“When we drove up in that scale, I mean, you would have thought you were at a checkpoint in a communist country,” Jeanette House said. “There were so many – I don’t know if they were DOT cars, or State Patrol cars. It was just crazy how many were around there.”

The weigh station was running two lanes of trucks, so Steve guided the Kenworth and trailer into the right lane. And most of the trucks were rolling through at a steady pace.

The Houses stopped at the sign, and then Steve began to feather up the truck out of the weigh station.

That’s when one of the workers running the station ran up to the truck and asked Steve and Jeanette to come into the scale house. However, Jeanette didn’t get far.

“My wife kind of went in with me,” Steve said. The trucker said the weigh station official told Jeanette “you stay out here, we’re going to take him back in this back room and we’re going to be talking to him for a while.”

And talk they did.

The first question: What size shirt do you wear? Not surprisingly, Steve wondered what that had to do with his trucking operation. And on top of it, as a trucker who rarely wears a dress shirt, he simply didn’t know his neck size … and neither did his wife when one of the officers poked his head out in the hall and asked her.

Next, they wanted to know how often Steve gets up in the night to go to the bathroom. Again, he was unsure, and said he guessed it was a “few times.”

The questioning went on from there.

“They just kept on going and asking me a bunch of goofy questions, really didn’t make no sense to me,” he said. “They had never really told me what they were doing.

“This went on probably for about 45 minutes, and finally, I asked them, what is this all about here? You know, I’d like to know what’s going on.”

In fact, what was happening was far from an innocent questioning. The officers in the room – who had yet to identify themselves as officers – were administering what’s called the Fatigued Driving Evaluation Checklist.

The checklist was developed by Capt. Ken Urquhart, an officer with the Minnesota State Patrol. It’s a list of factors listed in categories, organized like a checklist.

For each item on the checklist, the driver gets a checkmark. At a certain number or combination of checkmarks, the officer at the roadside concludes the trucker is too fatigued to drive – even if that driver says he is rested, even if his logbook is in order and shows he has taken his 10 hours off.

It’s the questions themselves that raise the most controversy. The list in Minnesota is broken down into six categories: overall truck condition, condition of sleeper, condition of cab, driving behaviors, driver medical condition, driver physical condition.

Under condition of sleeper, for example, the list includes possible checkmarks if you have a TV in your sleeper, if you have clothing in your sleeper, if you have a video game system, or reading material, such as books, magazines or newspapers.

And while having a spare set of clothes in the sleeper may get you a checkmark, under driver physical condition, you’ll also likely get a checkmark if you’re unshaven, dirty or disheveled, have dirty clothing.

You can get a checkmark for being irritable. You can also get a checkmark for being too cooperative.

If you’re eyes are watery, teary or bloodshot, you can get a checkmark, but if it’s because of allergies, you’ll get a checkmark for using over the counter medication to treat it. And another checkmark for the allergy itself.

You’ll get a checkmark if you have sleep apnea. On the other hand, you’ll get a checkmark if you have your CPAP with you to treat it.

You’ll get a checkmark for debris in the cab, for an overflowing wastebasket, for food or food wrappers in the cab, for debris or tools on the sleeper mattress, or for empty soda bottles.

On the other hand, if your sleeper looks unused, that will get you a checkmark too. And don’t forget the outside of the truck – the checklist includes a strike for a dirty exterior.

After the checklist questioning, Steve House was put out of service. Using the questionnaire, the officers said he was too fatigued, and too dangerous, to drive – even though he had just come off 10 hours rest; even though he has a 30-year, 4 and a half million mile plus safe driving record; and even though the officers told him the survey would involve no tickets.

When Steve brought those facts up, the response was pretty straightforward. The officer told him “that don’t mean anything.”

“He says, we’ve come to the conclusion that you’re not fit to drive,” Steve said. “I just woke up, and I say, I know I’m not tired,”

According to Steve House, the officer responded, “Well, according to what we’re saying here, you’re not fit to drive, and we’re putting you out of service for 10 hours.”

Steve said the officer went on to explain that the state personnel in the scale house “were trained and were the professionals,” and therefore were able to use the test to determine that he was fatigued.

However, that’s not an opinion that everyone shares.

In fact, the course that trains roadside enforcement personnel to use the questionnaire and to evaluate fatigue is 3 hours long.

Tom Weakley of the OOIDA Foundation is a former trucker, a researcher and someone who’s extensive reviewed available science on fatigue and its application to trucking. He said 3 hours is hardly enough to arrive at what is, essentially, a medical diagnosis.

“In one of my past lives, I was also an EMT, and you know, it took me weeks and weeks of weeks of training,” Weakley said.

“One of the things they drill into your head is you don’t diagnose things. You take the factors that are there and you report those to a doctor or a medical facility or whatever it happens to be, and you treat what the illness that you can see,” he added. “A guy’s bleeding; obviously, you try to stop the bleeding. But other than that, you don’t interpret what all of that means.”

Weakley isn’t alone in that opinion.

Dr. John McElligott of the Professional Drivers Medical Depot runs an organization that specializes in medical care for truckers. Since it was founded, PDMD has treated more than 20,000 professional drivers.

Not surprisingly, Dr. McElligott has a good sense of what illnesses and conditions truckers face, and what it takes to diagnose them. And he says a 3-hour course is not sufficient to enable someone to make an accurate diagnosis of fatigue.

“I’m sure you’ll find some ivory tower doctor that thinks that, but I take care of truckers every day, and I couldn’t do that,” he said. “I know how they live; some of them literally live in their trucks for months and months at a time, and then when they do get home, they clean it up.

“When they’re doing good and they can afford a hundred dollar truck wash, they get it done,” McElligott added. “They all like to look sharp. So I just don’t see a basis for that.

“I don’t know who came up with that list, and as far as I’m concerned, it’s just another bit of harassment.”

However, the law-enforcement officers involved in the fatigued driving evaluation checklist say it is. And they want the use of the checklist spread beyond Minnesota.

They’ve had some success. Indiana has started to use the questionnaire. And according to OOIDA Regulatory Affairs Specialist Joe Rajkovacz, the checklist’s promoters have tried, several times, to make it a national standard.

“Capt. Urquhart with the Minnesota State Patrol has been apparently trying to build his bones within his by making this a priority,” he said. “He’s actually previous pushed at CVSA for his particular program to be included in the out-of-service criteria that’s used in the North American Standards for roadside inspection.”

Tom Weakley says he’s had the same experience.

“He tried to do this, brought it up to CVSA, wanting to include this in the out-of-service two or three years ago, I believe,” Weakley said. “Credit to CVSA in my opinion; they voted down overwhelmingly to even consider putting this in the out-of-service criteria, but it’s still hanging on.”

Despite the rejections at the Commercial Vehicle Safety Alliance, Minnesota and Indiana officials remain steadfast in their support of the list.

Editor’s Note: If you have been subject to the checklist in either Minnesota or Indiana, you’re encouraged to contact OOIDA’s compliance department at 1-800-444-5791.

Thursday, April 16, 2009

 

The Road to Recovery?

After the economy hit the air brakes last fall, the news was uniformly depressing for months.

A single headline could have summed it up: “Banks, Real Estate, Auto Industry, Retail Sales, Consumer Confidence, Trucking and Everything Else Goes to Pot”.

But now, Federal Reserve chairman Ben Bernanke says we may be taking the “first step” toward recovery—with some improvements seen in housing, car sales and consumer spending.

He could have added that a few glimmers of hope are being seen in the trucking industry, too.

The government reports its freight transportation services index rose by 2% in February—the biggest increase in a year.

And Ward’s Automotive reports that class-8 truck sales increased 32% in March compared to February.

We’re still hearing about owner-operators sidelining their rigs and bigger trucking companies that are struggling.

In March alone, the government says 15,000 truckers lost their jobs.

But at least…and at long last…there’s some good news to report.

At least it’s possible to hope that the big ol’ tractor-trailer we call the American economy has eased off the air brake and is now slowly accelerating again.

Hell, put ’er in the hammer lane!


Wednesday, April 15, 2009

 

Where are we going, and what are we doing in this handbasket?

Did a chill just go down your spine?

It should have, at midnight local time last night. That’s because at that moment, it officially became tax day – the day we all have to pony up and pay for Uncle Sam and all he does for us; the day the IRS brings us one of life’s two inevitabilities, death and taxes (or both if you don’t file on time).

Some of us file early. Those are usually folks who are owed money; no one files early if they have to cough up cash.

Early filers can have an air of superiority about them. “I filed early; we’re going to spend the refund money on a trip to Maui.” Well, good for you. I’m going to spend mine on a trip to “Visa-Won’t-Kick-My-Behind Land.” And that’s assuming I’ll get one.

Some file right on time, or barely on time. Some of them even celebrate the event.

In Lawrence, KS, one post office has an all-night celebration where late tax filers pass through a gauntlet of celebrants, including live music by the Alferd Packer Memorial String Band.

It’s notable here that the band is named for the one man in U.S. history convicted of cannibalism; appropriate for tax day, wouldn’t you say?

Then there are those of us who file extensions. This is called “delaying the inevitable.” Death and taxes deferred. Borrowed time. An extra mile before you slam headfirst into a brick wall.

Those who file on extension are usually missing information, or for some other reason just can’t get the forms all filled out on time. If they file their extension by April 15, then they have until Oct. 15 to file. If they don’t owe, it’s a relatively painless experience.

I think they should make the final filing deadline Oct. 31. If you’re looking for a day that really expresses how we feel when we file taxes, that’s it. You can see the conversation:

“What is that – some soulless creature that’s about to suck the life out of you?”

“No, no it’s just an auditor; I filed on extension.”

Tax day is hard on all of us, but I’ve always thought it has to be especially hard on truckers.

They need to catalog and keep track of hundreds, if not thousands, of little scraps of paper, to categorize them, to expose all the little details of their life to an accountant, someone who may be a complete stranger.

I’ve never been really, truly comfortable with that exposure, and I like my accountant. I trust him, too; there’s never a question about my private information remaining private, or that the taxes will be done right. It’s just the principle of the thing.

Even worse, you have to expose all of that information to the IRS. At least you choose the accountant. Who knows what kind of people look over your forms there at Magical Unhappy Land?

I’ll tell you what kind of people. Unhappy people. Crazy people.

I have friends who work at the IRS, and I’ve known many other folks over the years who had jobs there.

Some are just the kind of people you want handling taxes – cool-headed, dispassionate, ethical, Joe Friday “just-the-facts” kind of people. Folks who would say, I’m not here for your soul, I’m just here for all your money. You know, honest people.

(Just an aside, if you think they’d be upset at that, believe me, they wouldn’t. Those folks have a sense of humor about their jobs; mind you, it’s gallows humor, but hey, who needs a funny more, right?)

Many at the IRS are just plain unhappy. A co-worker here who was briefly employed at the Death Star (IRS Service Center) talked about the unhappy faces and gloomy attitudes. And it makes sense.

Think about it. No one likes to see them coming. Having the IRS show up at the office is like having “60 Minutes” show up; no matter what the story is, it won’t have a happy ending.

Then, there are the other folks at IRS. For the sake of discussion, we’ll refer to them as the “Aluminum Foil Hat People.”

Yes, you didn’t hear me wrong. “That” kind.

They seem to congregate at the IRS. Oh, they’re not a majority, not even that large a minority. But they’re present, spread out, looking over your tax forms, going over your most personal financial information, and then wrapping it in aluminum foil and spraying it with “special chemicals” so the aliens can’t read it from afar using their minds.

I won’t offer specific stories; most IRS folks are reluctant to discuss them “outside the family,” and the stories I hear are mostly overheard at a gathering of friends. It seems silly to share overheard conversations when I’m complaining to all of you about privacy.

But I’m perfectly free to talk about folks I’ve met. For instance, the guy who’s wearing headphones with the cord running into his shirt pocket. He’s singing along and looks perfectly normal, until you realize the headphones aren’t plugged into anything and his shirt pocket is empty.

I have known ones who heard voices, ones who talk to people who aren’t there, ones who look at you after 30 minutes of silence and scream “just what did you mean by that?” ones who say sentences that perhaps have never been heard before in the English language.

And then we have the ones who may not be speaking English. I’m not sure, but I certainly wasn’t sticking around for the translation.

With that in mind, I feel compelled to tell the other side. Some of the normal folks at IRS have their own stories of crazies. And some of those are doozies.

My favorite: the woman who opened an envelope, expecting a tax form. Instead, it was filled with a powdery substance, and a note.

The note read: “You took everything my husband had; thought you should have him as well.”

Ick. With a capital “I.”

So what is the point of this little rant, this unrelated aside, this description of one of life’s great miseries?

Taxes, like junior high school, are an unpleasant experience we all share, and that few if any of us can avoid. It isn’t going away. It humbles all equally. It does not discriminate. All must fall before its might.

So you might as well enjoy a laugh or two about it.

It’s certainly better than sitting around all gloomy and wondering where we’re going and what we’re doing in this handbasket.


Monday, April 13, 2009

 

Can the split speed fight backfire?

In a world where everything you do seems to have a consequence, the line between careful analyst and conspiracy theorist seems to get harder and harder to see.

And that’s why, in the wake of OOIDA’s victory over the split speed limit in Ohio, people are a little skittish, a little skeptical.

One trucker asked me a questions I hadn’t even thought of. What if some state says, OK, we’ll have one uniform speed limit – 55. How do you like them apples?

There’s that fine line again. And I can see where any sensible person might reach that conclusion, that some state could do such a thing.

However, as with many of these nasty possible futures, I don’t think it would ever happen.

That’s because the four-wheelers would never tolerate it, and politicians who depend on their votes to stay in office won’t buck them on this issue.

OOIDA played a part – a very significant leadership role – in getting the national 55 mph speed limit overturned. That was because what makes sense on a traffic-clogged, over-capacity East Coast highway doesn’t make sense in the middle of western Kansas on a mostly empty I-70.

States should lead on this, because they know best what works on their roads.

When speed limits started to vary, folks of all kinds in all professions provided a national groundswell of support. Most people don’t want to go back to 55.

And when you look at the rules of highway construction and engineering, it isn’t a good idea, or scientific either.

When setting speed limits, highway engineers use something called the 85th percentile rule. That is, the speed limit should be set at the speed 85 percent of traffic would move at if left alone.

That’s because some folks, a good percentage, will move at that speed anyway, and holding some artificially back creates speed differentials. The same studies show that speed differentials lead to more accidents.

That’s why OOIDA has pushed so hard and so long for uniform speeds. It’s safer. We know that all of you in the trucks want to get home at the end of the run, to see your family, to get back to your life outside the cab.

Now, let’s get back to Ohio, because that has a bearing on the idea of some state taking a good idea (uniform speeds) and turning it into a really bad idea (let’s all go 55 and have huge speed differentials).

The big reason that OOIDA was able to finally get this done in Ohio was a two-pronged approach:

First, the association kept in touch with officials there, informing and educating them on the science of speed limits, showing them through valid research that uniform speeds are the safest way to operate.

Second, enough truckers called their lawmakers that those lawmakers realized the folks who work in this industry are a voting bloc, one that is paying attention, one that really does show up on Election Day, and therefore a voting bloc that they need to pay attention to.

That combination worked. And it’s the same principle that will keep most states from lowering those limits to 55.

I will say this: Do I think some state at some point will conclude that 55 is the right limit for them? It’s entirely possible. As I said, what makes sense on that clogged East Coast highway may not make sense on the open, empty plains. But by the same token, what makes sense on that empty rural highway doesn’t make sense in urban New Jersey.

However, I doubt they would go to a 55 mph limit because of the push for uniform speeds. This is about safety, and that’s how the decisions should be made.

If we all really believe in safer highways, we need to keep pushing for uniform speeds. And that, my friends, is what OOIDA intends to keep doing, until the job is finished.


Friday, April 3, 2009

 

And now, finally, for some good news

Last week, we ran a program on technology, products and devices for truckers displayed at the Mid-America Trucking Show.

Land Line Magazine Senior Editor Jami Jones and Land Line Now Producer and Senior Sound Engineer Barry Spillman had walked the aisles of the show, looking for the stuff that was good, and the stuff that was snake oil.

One product that they weren’t sure of was Eco-Flaps – a kind of mud flap that looks like a plastic grille, a design intended to let air pass through the mud flap while stopping the mud and rocks the flap’s intended to stop.

So Barry and Jami both asked our listeners to tell us what their experience with the product was.

We were flooded. And it was great.

We heard that they do handle spray better. That they do still block mud and rocks. That truckers are seeing better fuel mileage when using them.

In fact, the only negative response we received was from a trucker who hadn’t even tried the Eco Flaps.

With all of that said, I think I need to make a few things clear.

First, we got the message. We don’t need more calls or e-mails – in fact, Jami Jones has been so flooded that she’s having trouble answering them all. We appreciate the response, and we thank all of you who called or wrote, but believe me, we have what we need.

Second, you might think we must be getting money for all this – absolutely not. We don’t even sell the ads that run on Land Line Now – that’s all handled by the folks at Sirius XM.

We did this because we see so much snake oil out there, and we report on it. But we know there are good inventions. And it sounds like this is one.

Every once in a while, we like to bring you the good news. And this is one of those times.


Wednesday, April 1, 2009

 

Safe parking for truckers is an obligation - and it needs to be met

The issue of safe parking areas for truckers is nothing new. Pretty much every trucker on the road has encountered it at one time or another.

But the topic became all the more urgent with the death of Jason Rivenburg recently at an abandoned South Carolina gas station.

Because Jason lacked a secure, safe place to park, a thief was able to break into the cab and kill him during a robbery attempt.

Whatever happens to the suspect in that case is a matter for the courts. But what happens in regard to solving the ultimate problem that led to Jason’s death is in our hands – and the hands of our elected officials.

This isn’t a matter of truckers not planning their trips.

How many truckers have planned thoroughly, but not found that last parking space in a truck stop, not found the rest area that allows 10 hours parking, not found a shipper or receiver who would let them stay overnight – ending up in the parking lot of the abandoned gas station or empty strip mall, or even on the entrance ramp?

In Indiana, that’s a particular problem, since the state patrol has told us several times that they will ticket truckers parking on entrance and exit ramps, even if they’re out of hours. And now, that state and others are just plain closing rest areas down.

If you don’t stop, you’re in trouble. And if you do stop in some places, you’re in just as much trouble.

It’s a catch-22 – and it needs to stop.

As I said, this isn’t a matter of truckers not planning their trips. It isn’t a matter that private enterprise can solve, since they’ve had their shot and failed miserably.

If the government wants these rest periods, they need to ensure the parking is available, and that it’s safe, clean and well lit.

Let’s see how they do in meeting what is clearly an obligation.


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