CSA 2010.pdf - Commercial Vehicle Safety Alliance

Volume 16, 17, Issue 23 Second Third Quarter 2009GuardianThe New Carrier SafetyMeasurement SystemNew Interventions Processand Warning LettersExplainedIntroducing the NewInspection Selection SystemWith Expanded Coverage — New Regular Features and Sections

First Quarter 2010www.cvsa.orgTable of ContentsInsightNEWPresident’s Message ........................................................................................................1Letter to the Editor..........................................................................................................2Executive Director’s Message NEW ..............................................................................3The Legislative Rundown ................................................................................................4Knowledge Matters NEW ............................................................................................6Federal NewsU.S. Department of Transportation Announces Motorcoach Safety Action Plan ..................8Over-the-Road Bus Act Accomplishments ........................................................................9Northeast Passenger Carrier Strike Force Targets High Risk Intercity Bus Companies,Americans with Disabilities Compliance ....................................................................10Next Up in COMPASS: The Mobile Client Application ....................................................11FMCSA Appoints New Chief Medical Officer ..................................................................11Scope of Training Programs Growing at National Training Center ....................................12FLETC and TSA Partner on Commercial Vehicle Counterterrorism Training Program ..........13FMCSA Holds Medical Review Board Public Meeting ......................................................13Regulatory Summary......................................................................................................14CVSA NewsCVSA Joins Highway Safety Partners Venture ........................................................................15Naming of Administration Heads Critical to Lead Country, Ensure Safety ............................15Operation Safe Driver Campaign Cites Driver, Vehicle Improvements ..................................16CVSA Commends DOT Commitment to Motorcoach Safety ................................................17English Proficiency Article........................................................................................................18Cover Story/FeatureChange Ahead: CSA 2010..............................................................................................19Inspector’s Corner ..................................................................................................24Committee NewsTraining Key to Ensuring Uniform Application of Safety Programs ........................................25Data Quality Assessment Leads to Major Changes to theOOSC Securement of Cargo ......................................................................................26Local Law Enforcement Seeks to Incent Members to Join ....................................................27Preparing for CSA 2010: A Carrier’s Perspective on the Application ofSafety Management Cycles ........................................................................................28Regional NewsNebraska State Patrol’s Post Crash Inspection Course Trains Troopers withReal Life Scenarios ..................................................................................................29Post Crash Commercial Vehicle Inspections; A Dirty but Crucial and Essential Job!............30Utah Highway Patrol Utilizes Innovative, Educational Outreach Activities toReduce CMV Accidents ............................................................................................31Alberta Transportation, Forest Industry Working Together to ReviewLog Truck Configurations..........................................................................................33FMCSA Recognizes Colorado State Patrol with Partners In Safety Award ..........................34Michigan Joins Prepass System ......................................................................................34Regional Rap ............................................................................................................35Industry SpotlightNEWNEWRSC Equipment Rental Delivers Safety First ....................................................................36RAD Inspection News ............................................................................................39GuardianPublished by:Commercial Vehicle Safety Alliance1101 17th Street, NW, Suite 803Washington, DC 20036Phone: (202) 775-1623Fax: (202) 775-1624www.cvsa.orgDedicated to government and industry workingtogether to promote commercial vehicle safetyon North American highways.HEADQUARTERS STAFFStephen A. KepplerInterim Executive DirectorPaul M. BomgardnerDirector, AdministrationRichard D. HendersonDirector, Government AffairsCollin B. Mooney, CAEDirector, Enforcement ProgramsFrancisco J. GomezDirector, Member ServicesLarry D. SternDirector, Level VI Inspection ProgramIris R. LeonardProgram ManagerJ. Craig DefibaughAccountantLaura Zabriskie MartinCommunications CoordinatorFor comments, suggestions or information,please email us at communications@cvsa.org.About the cover:This issue focuses onCSA 2010 and whatit means for roadsideenforcement officersand industry.Guardian is a publication of the Commercial VehicleSafety Alliance and the Federal Motor Carrier SafetyAdministration.

GuardianI N S I G H TPRESIDENT’S MESSAGETying It All Together: How Uniform, AccurateData Will Improve Commercial Vehicle Safetyin North AmericaBy Buzzy France, CVSA PresidentThe Alliance is dedicated to improvinginspection, compliance, maintenance,and performance of commercial driversand vehicles throughout North Americaand we are having a considerable impactin helping to remove dangerous vehiclesand drivers from the road. We are alsocommitted to working together withindustry to encourage and promote bestpractices in safety management.However, more needs to be done. CSA2010 and other critical traffic safetyimprovement initiatives in the U.S.,Canada and Mexico are built on thefoundation of effective roadside inspectionsand traffic enforcement.Additionally, international agreementsbetween the U.S., Canada and Mexicoallow the continued use of this roadsideenforcement data to measure carriersafety fitness. Between the U.S. andCanada good progress is being madewith respect to recognizing each other’swork through safety rating reciprocity.So as we deploy more advanced technologyand targeting techniques both at theroadside and in a motor carrier’s place ofbusiness, it becomes even more importantthat the underlying data resultingfrom our actions is uniform and consistent.While there are current initiativesthat have been designed to improve thetimeliness, accuracy and completeness ofboth crash and inspection reporting, wemust also ensure that roadside violationdata is captured and reported in a uniformand consistent method as well.In order to address these concerns,CVSA formed an ad hoc committee inthe fall of 2008 to enhance the uniformityand consistency of roadside inspectionand enforcement data. One of the goalsof the committee is to promote the consistentdocumentation of roadsideBuzzy Franceinspection and violation data to enhancethe overall quality and uniformity of thedata currently being collected and usedfor compliance and enforcement purposesthroughout North America.In March of 2009, the ad hoc committeetasked subject matter experts inthe Driver-Traffic Enforcement,Hazardous Materials, Passenger Carrier,and Vehicle Committees with developingways to enhance roadside violationdata quality and uniformity. The committeeshave reviewed and made suggestedchanges to the violation descriptionsand pick lists in ASPEN and aredeveloping operational policies on howviolations should be documented duringroadside inspections.Once this is complete, the final workproduct (i.e. policies, guidance, and bestpractices, etc.) will be sent to the ExecutiveCommittee for review. Followingapproval, this material will be disseminatedto both the Information Systems andTraining committees for moving to assistwith operationalizing the changes. TheInformation Systems Committee willreview the work product and once agreedupon submit it to FMCSA for review andconsideration of adopting the recommendedchanges into ASPEN/SafetyNet.At the same time the suggestions will alsobe sent to the Training Committee forreview and development of training materials,in conjunction with the NationalTraining Center (NTC), for trainingdelivery to roadside inspectors and dataentry specialists.Our goal is to obtain an alignment ofthe operational guidance developed by theexperts in the various committees withthe multiple information systems andtraining that inspectors across jurisdictionallines receive. Specific work by thesecommittees will include the considerationof “hard-coding” a number of violationswithin ASPEN in order to promote theconsistent documentation of violations.The result will provide multiple stakeholderswith a living document and thatwill be used as a foundation for futuredata quality and uniformity initiatives.For example, CVSA will use the workproduct to develop a detailed spreadsheetthat will map or link the “Nuts and Bolts”of the North American Standard Out-of-Service Criteria (OOSC) to the U.S.Federal Motor Carrier Safety regulations(FMCSRs) and at some point in the nearfuture to Mexico’s NOM 068, andCanada’s National Safety Code (NSC)Standards. This will result in allowing usto improve upon the roadside inspectionprogram for the future and beyond theuniformity and quality issues, also providefor a more efficient way of managingand updating inspection procedures, violationdescriptions/updates, OOSCchanges, training, and software/informationsystems changes and updates. Also, itwill provide useful insight into the mapping/linksof violations and OOSCdefects to enhance (continued on page 7)1

First Quarter 2010www.cvsa.orgLetter to the EditorI regard CVSA as one of the premier commercialvehicle safety organizations in ourcountry. For that reason, I wanted to makesure that you and your readers were awarethat legislation is being considered byCongress that would increase the weight ofcommercial vehicles from 80,000 lbs to97,000 lbs. Amazingly, proponents of the billto raise truck weights are claiming that thesetrucks will be safer. As a Deputy Sheriff inVirginia with 35 years in law enforcement,including 20 years involved in truck safetyenforcement and accident investigation, Iknow that heavier trucks are not safer. In fact,everything that I have learned and observedin my professional career suggests just theopposite. Allowing heavier and longer trucksis a bad idea — it would be bad for the safetyof the motoring public and it would furtherthreaten our highway infrastructure.Proponents of increases often speak ofthe addition of a sixth axle as the solution toall the infrastructure damage and safetyproblems. I believe the sixth axle is the greatmisdirection play of this issue. The USDOT has repeatedly expressed specificconcern about the ability to maintain thesixth axle’s extra brakes and that increasingtruck weight is likely to lead to brakemaintenance problems and longer stoppingdistances. Roadside inspections,including CVSA’s own, show that brakeadjustment levels are a serious problem.In one study that was conducted by a lawenforcement group on a test track, an80,000 lbs. five-axle truck in perfect conditiontook 300 feet to come to a completestop from 60 mph. When we putthose brakes out of adjustment to a levelat which law enforcement would take thetruck out-of-service, the truck took 450feet to come to a complete stop. Whenwe added weight to that truck, with out ofadjustment brakes, it took 600 feet — thelength of two football fields — to come toa complete stop.The key point to highlight is that addingaxles creates more safety problems. Withover 18,000 roadside inspections in my past,I’ve learned that trucks with added axleshave many more safety issues and a muchhigher out-of-service rate than five-axlecombinations. The axles are spaced closetogether so the trailer will track and turnproperly, but this means that there is lessroom available in the center axle for maintenance.As a result, these trucks have a muchhigher rate of defects including suspension,brakes and frame cracks. Brake defects aremost common on these configurations.This also means that a six-axle 97,000 lbs.truck won’t be stopping as quickly as a fiveaxle80,000 lbs. truck.One last concern I want to raise is theuse of air-operated lift axles, which on anempty truck, can be raised to reduce wear.Frequently, the problem with lift axles isthey’re not used properly. They’re left upwhen loaded or are used without the correctpressure. This also dramaticallynegates the stopping power the extra axlecan provide as well as any benefit sought toreduce road damage. There is a reason whylift axles are commonly referred to ascheater axles. The shipping and truckingindustries prefer lift axles because they arecheaper. Unfortunately, the bottom line isthey’re frequently not used properly and inturn make heavier trucks less safe.These reasons and others are why I havesupported Congressman McGovern’s SafeHighways and Infrastructure PreservationAct (SHIPA, H.R. 1618) for years. This commonsense legislative approach would protectour roads and bridges by capping the length oftruck trailers, freezing the weights of truckstraveling on the National Highway System,and extending the existing freeze on Interstateoperations of longer combination vehicles tothe entire National Highway System.— Deputy Sheriff Chris Rizzo,Loudoun County Sheriff ’s OfficeCVSA addressed concerns with wording included in the Department of Transportation's2010 Appropriations Bill that provides for truck size and weight exemptions on sectionsof the Interstate Highway System in Maine and Vermont. Below is an excerpt from a lettersent January 5,2010 to DOT SecretaryRaymond LaHoodwhich outlines 20 separaterecommendationswhich CVSAbelieves are necessarycriteria with respectto safety for any pilotprogram regardingtruck size & weight.To view this letter inits entirety, pleasevisit www.cvsa.org.CVSA’s Guardian welcomes your letters and comments. To submit a letter send an email to communications@cvsa.org or writeto CVSA, c/o Guardian, 1101 17th Street, NW, Suite 803, Washington, DC 20036.2

GuardianI N S I G H TEXECUTIVE DIRECTOR’S MESSAGEMaking InroadsTransforming the World’s Largest Transportation System into the SafestStarts with Transfer of KnowledgeBy Stephen A. Keppler, CVSA, Interim Executive DirectorIn the United States, construction of theinterstate highway system was authorizedon June 29, 1956 by the Federal-AidHighway Act of 1956. The entire systemhas a length of 46,876 miles (75,440km), making it both the largest highwaysystem in the world and the largest publicworks project in history. It was championedby President Dwight D. Eisenhower,who was influenced as an Army officer inthe 1919 Army Convoy on the “LincolnHighway,” the first road across America.Based on his experience as SupremeCommander of the Allied forces inEurope during World War II, Eisenhoweralso viewed the transportation system as anecessary component of national defense.The initial federal planning for anationwide highway system began in1921. In 1939, the Bureau of PublicRoads published a report entitled TollRoads and Free Roads, wherein the firstformal description was provided of theinterstate highway system. The 1955publication of the General Location ofNational System of Interstate Highways(also called the Yellow Book) mappedout what eventually became the interstatehighway system.You might be asking why is Guardianrunning an article about highways. Well,it is my belief that as we look to thefuture it is important to reflect on thepast. As I ponder the largesse of theinterstate highway system, where itsplanning and construction spanned agood portion of the 20th century, I thinkabout the amount of people, energy,effort and commitment that had to comeabout to make Eisenhower’s vision areality. These endeavors spanned multiplegenerations of individuals and organizationsin both the public and privatesectors. All of them were working towardStephen A. Kepplera common goal — to build the best highwaysystem in the world.So, now that it is built where does thatleave us and where do we go from here?Prior to answering this question, let’s thinkfor a moment about our world — truckand bus safety and security and ourAlliance. As the highway system hasmatured in its physicality, in many respectsit still is in its infancy psychologically.Many automobile drivers do not knowhow to safely drive around trucks andbuses, distracted driving is a significantproblem and speeding and aggressivedriving is on the rise — to name just a fewbehavioral issues that we have yet to adequatelyaddress. So, while we know howto build highways and bridges, inspecttrucks and buses, and, comply with safetyregulations, what we need to do is integrateour thinking with the big picture inmind to truly influence positive and sustainedbehavioral change. This is ourbiggest safety challenge of the 21st centuryand to get our arms around this problemwe need to really understand causeand effect and why people do what theydo. We need to measure success and beable to explain it to others.The other psychological challenge wehave in front of us is knowledge transfer.Although we all hate to admit it, manyamong us can see retirement on the horizon.We have a responsibility to helpgrow and cultivate our future leaders. Weneed to make sure they understandwhere we started from and how we havecome to where we are. More importantly,we have to help them understand why.I have now been involved with CVSAfor more than 10 years and I can honestlysay that we have been very fortunate tohave great members throughout theyears. The current talent pool of our collectivemembership is nothing less thanexceptional. I continue to be amazed andextremely proud of the well reasoned andthoughtful decisions that are made bythis organization and more importantly,that everyone’s voice is heard, listened toand respected. This is what we are about,and what we need to pass on to others.Just like the U.S. interstate highway systemthat took decades to build, so hasour Alliance. Just like the highway systemsneed care and feeding and maintenance,so does our Alliance. As I look atwhere we have come from and to at thispoint in our history, I am excited aboutthe future. We have many challengesahead of us, but I know this organizationcan stand tall to take them head on, justlike we have been doing for nearly threedecades.So, my challenge to each of you for2010 is make it your goal to take someoneunder your wing. Show them whatyou do, and why. Explain to them whysafety is important and why they shouldnot wait around to let someone else dothe job. It is up to us— to make ourhighway systems not just the best in theworld, but also the safest.3

First Quarter 2010www.cvsa.orgThe Legislative RundownBy Richard D. Henderson, CVSA, Director, Government AffairsRichard HendersonSenate Commerce CommitteeReports Bus Safety BillOn December 17, the Senate CommerceCommittee reported out Senate Bill S.554, the “ Motorcoach Enhanced SafetyAct of 2009.” A provision pre-emptingstate or local laws with respect to standardsfor seat belts contained in earlierdrafts of the bill was deleted. There wasconcern that this pre-emption provisioncould be interpreted to extend beyondseat-belt standards and pre-empt morestringent state and local standards affectingother areas of bus safety.This action does not necessarily signalthat the bill will be considered by thefull Senate anytime soon. Sen. FrankLautenberg (D-NJ), who chairs theSurface Transportation Subcommitteeof the full Commerce Committee,intends to pursue a broader commercialmotor vehicle safety agenda includingtrucks early next year that is tied to thereauthorization process. A specific issuethat Sen. Lautenberg said he intends topursue in this process is to mandate theuse of EOBR’s on both buses andtrucks. S. 554 as reported out mandatedEOBR’s on buses only. CVSA will bemeeting with the Subcommittee staff torecommend necessary technical considerationsas part of the EOBR rulemakingprocess that would include suchissues as interoperability, security, tampering,uniformity, standard interface forlaw enforcement, and proper certificationof EOBR devices.CVSA has already talked toCommittee staff about increasedresources that states would need toimplement Section 6, New Entrants;Section 8, Safety Reviews; and Section13, Safety Inspection Programs. Theyhave indicated their intent to addressthese issues through increased MCSAPfunding. We will also be discussing theissue of certification of third party contractors(safety data providers) for safetyreview and audit purposes.SAFETEA-LU Likely to Be Extendedto September 30, 2010The House has passed a second jobsstimulus bill that included $37 billion intransportation infrastructure funding aswell as a one year extension ofSAFETEA-LU to September 30, 2010.The Senate will be taking up such ameasure in early 2010 and is reportedlytalking about a one year extension aswell. This would move Reauthorizationto September 30, 2010 just two monthsbefore the Congressional elections whichdoes not appear to be the best time forconsideration of a six-year highway bill.Then comes 2011 and a new Congressand who knows what the make-up of thenew Congress may be.If the scenario takes shape thatmoves reauthorization to 2011, thequestion may be whether some type oftransportation safety bill would be consideredin the upcoming year, 2010.There are a number of safety issues thatinclude bus safety, EOBR’s, and distracteddriving that Congress coulddecide to take action on in 2010, maybeeven broader program policy issues.But it is far too soon to make a realassessment of such possibilities.DOT 2010 Appropriations BillClears the CongressCongress has passed and the President hasfinally signed the DOT 2010 Appropria -tions bill that provides a 1.6 percentincrease for FMCSA and its various programsincluding state motor carrier safetygrants. This slight increase is provided inthe absence of any new authorized ceilingbecause a new Reauthorization bill has notyet been passed.Appropriations Bill GivesMaine and Vermont Size andWeight ExemptionsSen. Susan Collins (R-ME) and Sen.Patrick Leahy (D-VT) obtained size andweight exemptions for their states in theAppropriations bill that would allowThere are a number of safety issues that includebus safety, EOBR’s, and distracted driving that Congresscould decide to take action on in 2010.weights in excess of the federal weight limitof 80,000 lbs. on the interstate highway system.The economic argument advanced byboth senators is that both Maine andVermont are surrounded by states/jurisdictionsthat for one reason or another alreadyhave the increased weight limit exemptionson their portions of the interstate highwaysystem. The Maine and Vermont exemptionsare provided under a one year pilotprogram. However, neither the legislativeor report language in the Appropriationsbill spell out the details of the pilot. Theseexemptions set the stage for a more intensesize and weight debate that will take placein the coming year regardless of whenReauthorization is taken up.4

GuardianI N S I G H TFMCSA Rule Setting 2010 UCRRegistration Fees DelayedEfforts by FMCSA to issue newUnified Carrier Registration fees forcalendar year 2010 have been delayed.The new rule was to have been issuedby October 15, 2009. At both theOctober and November UCR Boardteleconference calls, FMCSA representativessaid the process for issuing anew rule was on track and would becoming out soon. They further reportedthat the rule had not been deemed tobe economically significant therebyobviating the need for a more lengthyreview by the Office of Managementand Budget. In the November 12 call,UCR Board members discussed the factthat if the rule were issued byDecember 1, there would still be timefor the registration notices reflectingthe 2010 fee schedule to be sent out tocarriers by January 1, 2010. But therule was not issued by December 1 andon the UCR Board’s December 10 teleconferencecall, FMCSA representativesreported that due to heightenedpublic interest there is a possibility therule could be deemed to be “significant”apart from the economic impact therebyrequiring more time for review byOMB. If this is the case, it is estimatedthat the rule could be delayed untilat least March 2010, or possibly later.This could jeopardize receipt of 2010UCR revenues that many states dependon for funding of motor carrier safetyenforcement. CVSA, NCSTS (NationalConference of State TransportationSepcialists) and NARUC (NationalAssociation of Regulatory UtilityCommissioners) sent a letter toFMCSA outlining our concerns withrespect to this issue.5

First Quarter 2010www.cvsa.orgKNOWLEDGE MATTERSSuccess is Measured Many Ways, but NoneMore so Than CMV SafetyBy Peter Hurst, Ontario Ministry of Transportation, Director, Carrier Safety andEnforcement Branch, CVSA President 2003–2004When CVSA asked me to write a pieceabout importance of knowledge, I thoughtit was a very timely subject. Today, morethan ever before in the world of commercialvehicle safety, data and science are importantto three key groups. Enforcementrequires knowledge to guide their operationsin an efficient and effective way and tosanction carriers in a timely manner.Industry uses knowledge to manage theirbusiness in an efficient and safe manner.Also, policy makers and regulators requireknowledge to develop and deliver timelyand effective road safety programs.Commercial vehicle safety programsacross North America rely on education,random inspections of commercial vehiclesat roadside, and rating systems formonitoring the safety performance ofcommercial vehicle operators. In thisarticle, I want to focus on the importanceof accurate data to monitoring the overallsafety of carriers operating on ourroadways. Accurate and comprehensivedata is not only important to the safetyrating process and timely intervention,but it is also important to roadside officersin identifying high risk operatorswarranting more detailed inspection.The safety rating process starts withregistration whereby carriers are requiredto provide information related to theiroperation enabling regulatory agencies totrack and monitor their safety performance.The more complete the registrationprocess is the more useful the data isfor ensuring safety requirements are met.The accuracy of the safety rating is onlyas good as the data that is input into thesystem – fleet size, mileage, collisions,convictions and inspections. As noted bythe Auditor General of Ontario in his2008 audit of Ontario’s commercial vehiclesafety and enforcement program, “itis difficult for the Ministry to know preciselyhow many operators are in businessin the province and how big theirbusinesses are, and thus the usefulness ofthe CVOR (the Commercial VehicleOperator’s Registration is similar to theUSDOT) information in identifyinghigher-risk operators is hindered.”The importance of accurate carrier dataand its timely exchange is underscoredwhen the number of carriers that crossinternational boundaries is considered. In2005, trade between Canada and the U.S.was approximately $564 billion perannum. Trucks haul 70 percent of thattrade, with 57 percent of Canadian exportsto the U.S., and 80 percent of U.S. exportsto Canada. In 2004, approximately 23,000Canadian motor carriers operated in theU.S., while 20,000 American motor carriersoperated in Canada in 2004.Safety rating systems in Canada andthe U.S. have similar objectives, namelyto improve road safety by removingunsafe operators from operating on theroads. The safety rating methodologiesemployed by the U.S. and Canadianjurisdictions use the same categories andbasic elements to evaluate a motor carriers’safety rating. Systems in both countriesprompt an intervention when a certainnumber of accidents, failed inspections,and convictions/violations arerecorded against a motor carrier.Despite the similarities and commonobjectives of the two countries programs,one fundamental differenceexists. At present, FMCSA tracks andrates all carriers operating in the U.S.including foreign carriers based on6

GuardianI N S I G H Tevents that occur on U.S. roadways.Events for U.S. domiciled carriers thatoccur outside the U.S. are not incorporatedinto their safety rating. North ofthe border, only Ontario and Quebecrequire U.S. motor carriers that operatein their province to be registered in theircarrier monitoring systems and not allprovinces and territories incorporateevent data that occurs in the U.S. fortheir base plate carriers.Ensuring that accurate and fulsomesafety data is available for all carriers iscritical to making sure that a carrier’s safetyprofile reflects the violations for driversand carriers, regardless of what side of theborder the violation occurred. In 2008,safety rating reciprocity and data exchangecame substantially closer to reality withthe signing of a Memo randum ofUnderstanding (MOU) between Canadaand the U.S. In the MOU both countriesagreed subject to resolution of certainoperational issues to recognize theirrespective motor carrier safety ratings.Achieving this objective will also eliminatethe need to duplicate the safety oversightactivity in the other country.Successful implementation of reciprocalrecognition of a motor carrier’s safetyrating hinges on the exchange of safetydata between the two countries. Exchangeof reliable and timely safety event data(i.e., collisions, inspections and convictions)is critical to being able to assign anaccurate safety rating determination. Thissame issue resonated among Canadianjurisdictions, resulting in a concerted effortby all Canadian jurisdictions to obtain,and exchange required data through a centralCCMTA data repository.At this juncture, only safety inspectiondata is shared between the twocountries. And, until recently, the U.S.was unable to use data from anothercountry to establish safety ratings (seeletters shown at left and above). TheU.S. Congress authorized DOT toinclude data from foreign jurisdictionsin assessing safety ratings.To be sure there are institutional, logistical,and operational barriers to theexchange and use of carrier safety data andsuccessful implementation of safety ratingreciprocity. The use of convictions versusviolations, incompatibility between the variousmotor carrier databases, and the definitionof reportable collisions are a few. ButPresident’s Message (continued from page 1)there is a will on both sides of the border toachieve this important object and bothcountries are working diligently together tobreak down these barriers and find commonsolutions. As we know from our experiencethrough the North American CargoSecurement Harmonization Public Forum,there isn’t much that is insurmountablewhen there is a will to achieve a commongoal on both sides of the border. Successwill be measured in many ways by manywinners but none more so then commercialmotor vehicle safety and the resulting saferroadways.CSA 2010 initiatives, assist and support data exchange between all three NAFTAcountries, and to facilitate the reduction of DataQs for mismatched or incorrect violationson a motor carrier’s safety profile.The key for roadside inspectors lies with how consistently we are doing our workat roadside and by providing accurate data. I want to underscore the importanceof this since CSA 2010 places much more emphasis on the activities conductedroadside, because what we are doing is saving lives! Our work continues to be avital component of the safety mandate our elected leaders of placed in our hands,and we need to continually improve upon how we deliver on this mandate. Ibelieve our continued diligence in these efforts will translate into more uniformand consistent documentation of the nearly four-million roadside inspections conductedannually in North America. As commercial vehicle inspectors, anything wecan do to improve will ultimately help to save lives — our ultimate goal.7

First Quarter 2010www.cvsa.orgU.S. Department of Transportation AnnouncesMotorcoach Safety Action PlanBy Loretta G. Bitner, FMCSA, Chief, Commercial Passenger Carrier Safety DivisionOn April 28, 2009, a motorcoach carrying36 French tourists from SanFrancisco to Los Angeles crashed into aguardrail on Highway 101 near Soledad,CA, killing five, including the driver.Within 48 hours of the tragedy, U.S.Transportation Secretary Ray LaHoodordered that the USDOT agenciesresponsible for highway, vehicle andtransit systems come together and developan integrated safety plan to help furtherprotect the well being of passengerstraveling in motorcoaches.The Secretary’s charge to FMCSA,the National Highway Traffic SafetyAdministration (NHTSA), the FederalHighway Administration (FHWA), thePipeline and Hazardous Materials SafetyAdministration (PHMSA) and theFederal Transit Administration (FTA)was to take a comprehensive new look atmotorcoach safety. The five modal agencieswere directed to identify and recommendactions that would address a spectrumof safety opportunities.As a first step, a comprehensivereview of the respective individualagency programs was conducted. Thisreview included:• Existing motorcoach data, analyses,research, and safety information;• Root causes, contributing factors andfatality/injury patterns for all motorcoachcrashes investigated by theNational Transportation SafetyBoard (NTSB) and resulting safetyrecommendations;• Current motorcoach efforts withinthe Department of Transportation toidentify gaps and develop strategies;• Input from stakeholder groups; and,• Prioritization of areas of concern andthe establishment of timeframes forimplementation.This was followed by a thoroughanalysis of data, including crash causationand contributing factors.The data revealed that driver fatigue,vehicle rollover, occupant ejection andoperator maintenance issues contributeto the majority of motorcoach crashes,fatalities and injuries.On November 16, 2009, the Depart -ment of Transportation announced its“Motorcoach Safety Action Plan,”which contains seven priority actionitems and 25 additional actions thatcollectively will have the greatest impacton improving safety for motorcoachpassengers.The seven priority action items andthe responsible DOT agency are:1. Initiate rulemaking to require electronicon-board recording devices onall motorcoaches to better monitordrivers’ duty hours and managefatigue. FMCSA;2. Initiate rulemaking to propose prohibitingtexting and limiting theuse of cellular telephones and otherdevices by motorcoach drivers.FMCSA;3. Initiate rulemaking to require theinstallation of seat belts on motorcoachesto improve occupant protection.NHTSA;4. Evaluate and develop roof crush performancerequirements to enhancestructural integrity. NHTSA;5. Develop performance requirementsand assess the safety benefits forstability control systems on motorcoachesto reduce rollover events.NHTSA;6. Enhance oversight of carriersattempting to evade sanctions and ofother unsafe motorcoach companies.FMCSA; and,7. Establish minimum knowledgerequirements for people applying forauthority to transport passengers.FMCSA.State MCSAP partners and motorcoachindustry safety stakeholders areencouraged to review the MotorcoachSafety Action Plan at: www.fmcsa.dot.govlocated under “New at FMCSA.”Everyone’s participation is needed forthe successful implement the entirety ofthe plan. We look forward to workingtogether with you on these importantsafety efforts.For more information, contact loretta.bitner@dot.govor call FMCSA toll free1-800-832-5660.8

GuardianF E D E R A L N E W SOver-the-Road Bus Act AccomplishmentsBy Loretta G. Bitner, FMCSA, Chief, Commercial Passenger Carrier Safety DivisionThe Over-the-Road Bus (OTRB)Transportation Accessibility Act of 2007marked its one-year anniversary on July29, 2009. The law required compliancewith the Department of Transportation’s(DOT) Americans with Disabilities Act(ADA) regulations concerning accessibleOTRB transportation (as contained in49 CFR part 37, subpart H) as a conditionfor granting or retaining interstateoperating authority.The Act required DOT to implementthe necessary changes to execute theserequirements within 30 days of enactmentof the Act, and required that DOT coordinatewith the Attorney General to establisha Memorandum of Understanding(MOU) to delineate the specific roles andresponsibilities of DOT and theDepartment of Justice (DOJ) respectively,in enforcing compliance.During the past year, DOT completednumerous actions in implementationof the OTRB Transportation Accessi -bility Act. In October 2008, FMCSAsent informational letters to all for-hireOTRB companies about the new law,explaining that FMCSA may now considercompliance with DOT’s ADA regulationsin determining if an applicantfor new interstate operating authority iswilling and able to provide the proposedtransportation service. The letter alsoprovided notice that the operatingauthority of an OTRB company is subjectto revocation by FMCSA - if thecompany is found to be in willful andcontinued noncompliance with DOT’sADA regulations. The letter referredOTRB companies to FMCSA’s websitefor additional information.In December 2008, informational letterswere sent to more than 100 disabilitystakeholder organizations. The letterexplained that the applicability of theADA regulatory requirements dependon the size of the OTRB company, asdetermined by gross annual transportationrevenue, and the type of bus service(i.e., fixed route, demand responsive, ormixed service) provided. The letter alsoreferred these stakeholders to FMCSA’swebsite for additional information.On December 16, 2008, the “NewEntrant Safety Assurance Process” FinalRule was published in the Federal Register.This rule revised FMCSA’s New EntrantSafety Audit program and includes a componentinvolving compliance with theADA regulations for over-the-road buscompanies. Compliance with this rule isrequired by December 16, 2009.The MOU between DOJ andDOT/FMCSA strengthening therespective enforcement efforts of bothfederal organizations was executed onFebruary 23, 2009. The first interagencycoordination meeting with the twoDepartments occurred on May 27, 2009.In March 2009, FMCSA began conductingAmericans with Disabilities ActReviews (ADARs) to investigate the regulatorycompliance of OTRB companies.As of November 30, 2009, 27 ADARshad been conducted on large, fixed routeover-the-road bus companies and sixADARs had been conducted on small,fixed route over-the-road companies.FMCSA has additional activities inprocessincluding training more of theAgency’s field investigators about conductingADARs, and revising the necessaryfield software to include an ADARcomponent.Further steps by the Agency includeamending the Passenger OperatingAuthority Application (Form OP-1P) toreflect the requirement for compliancewith the OTRB TransportationAccessibility Act and the DOT’s ADAregulations, and preparing operationalplans to initiate ADARs on other typesof over-the-road bus companies.For more information, contact loretta.bitner@dot.govor call FMCSA tollfree 1-800-832-5660.FMCSA HoldsMedical Review BoardPublic MeetingA meeting of the FMCSA MRB will be held atthe Department of Transportation inWashington, DC, on Wednesday, January 6,2010 beginning at 9:00 a.m. The meeting willprovide the public an opportunity to observeand participate in MRB deliberations aboutthe revision and development of FMCSAmedical standards and guidelines, in accordancewith the Federal Advisory CommitteeAct. Topics to be discussed will includeParkinson’s disease and multiple sclerosis,narcolepsy (with and without cataplexy), traumaticbrain injury, and psychiatric disorders.For updated information about the upcomingmeeting as it becomes available, please visitthe MRB web site: www.mrb.fmcsa.dot.gov.9

First Quarter 2010www.cvsa.orgNortheast Passenger Carrier Strike ForceTargets High Risk Intercity Bus Companies,Americans with Disabilities ComplianceBy Wesley F. Barber, FMCSA, Safety Investigator, New Jersey DivisionFMCSA and MCSAP partner agenciesalong the entire northeast corridor haveagain joined forces to conduct aPassenger Carrier Strike Force duringthe month of November. In all, morethan 1,440 safety inspections of commercialbuses and drivers occurred. Inaddition, more than 70 compliancereviews were conducted on “high risk”passenger carriers.The Strike Force spanned 14 states -from Virginia to Maine - and was timedto coincide with the pre-ThanksgivingHoliday period when intercity passengercarriers are operating under peakdemand conditions.Intercity passenger service along thenortheast corridor has seen a significantincrease in ridership in the last few yearswith the introduction of low-cost,Internet-based ticket sales. This newbusiness model has lead to the emergenceof an entirely new segment of commercialbus operators known as “curbside carriers,”so called because of their practice ofloading and unloading passengers at storefronts and street corners as opposed totraditional intermodal bus terminals.The Strike Force targeted both curbsideand traditional terminal service carrierswith special emphasis placed uponthe major hub cities of Boston, NewYork, Philadelphia and Washington, DC.Coordinated strike force activities arejust one of several enforcement strategiesemployed by FMCSA and its state partnersas part of a comprehensive approachto ensure passenger carriers are operatingsafely and in compliance with federalregulations.In addition to removing unsafe driversand vehicles from the highways androads, these periodic and unannouncedstrike forces also help generate a valuablesurge in the collection of important roadsidesafety data, which enhances the abilityto identify high risk carriers throughSAFESTAT, and soon, CSA 2010.The Over-the-Road Bus (OTRB)Transportation Accessibility Act of 2007requires that FMCSA consider an OTRBcompany’s compliance with theDepartment of Transportation’s Americanswith Disabilities Act (ADA) regulations toprovide accessible service to the disabledcommunity as a condition to be grantedand retain interstate operating authority.As part of the November StrikeForce, the FMCSA National PassengerTechnical Assistance Group wasdeployed to the northeast. They completed10 Americans with DisabilitiesAct Reviews. To date, FMCSA has conductedmore than 30 of these reviewsthat included both large and small fixedroutebus companies.Members of the National PassengerTechnical Assistance Group also assistedFMCSA Division Offices in conductingcompliance reviews and participated atseveral of the roadside inspections duringthe Strike Force.By working together and employingdifferent strategies and tactics, lives arebeing saved. From 2007 to 2008, commercialbus-related fatalities along thenortheast corridor dropped by 37 percent;from 2006 to 2008, the numbersfell by 52 percent.I want to thank all of the partneringagencies and the many dedicated professionalswho participated in the PassengerCarrier Strike Force. It is our duty toremain vigilant in detecting and removingunsafe passenger carriers, vehicles and driversfrom our nation’s highways and roads.10

GuardianF E D E R A L N E W SFMCSA Appoints NewChief Medical OfficerNext Up in COMPASS:The Mobile Client ApplicationBy the FMCSA COMPASS TeamBenisse Lester, M.D., joins FMCSA as ChiefMedical Officer for the Agency. Prior tojoining FMCSA, Dr. Lester was Director ofOccupational Medicine and Safety for theOffice of Health Affairs at the Departmentof Homeland Security (DHS). She beganher service with DHS as Chief of MedicalPrograms for the Federal Air MarshalService. Preceding her tenure at DHS, shewas attending surgeon in orthopedic surgeryat the Albert Einstein College ofMedicine where she held a faculty appointmentas Associate Professor of ClinicalOrthopedic Surgery. In 2001, she wasappointed as an Honorary Police Surgeonby the New York Police Department.Dr. Lester received her Doctor of Medicinedegree from the Albert Einstein College ofMedicine and completed a general surgeryinternship and orthopedic surgery residency atthe New York University Medical Center. She isa senior aviation medical examiner, a medicalreview officer, and is board certified in orthopedicsurgery with a certificate of added qualificationin hand surgery. During her academiccareer, Dr. Lester made numerous national andinternational presentations. She has served asa leader and educator for the AmericanCollege of Occupational and EnvironmentalMedicine (ACOEM), the Aerospace MedicalAssociation, the American Society for Surgeryof the Hand (ASSH), and the AmericanAcademy of Orthopedic Surgeons (AAOS),among other professional organizations. She isthe author of a highly rated textbook, as wellas numerous peer-reviewed scientific journalarticles and chapters. Dr. Lester is a fellow ofACOEM and the AAOS, and has been electedto membership in the ASSH, the AmericanAssociation for Hand Surgery, the EasternOrthopedic Association, and other professionalorganizations.FMCSA is taking the next major step inits Information Technology (IT) modernizationprogram — known as COMPASS— with the first release of the MobileClient Application in December 2009.The Mobile Client Application willcombine roadside inspection, investigativeand enforcement functionsinto a single application. The combinationof these functions will provideusers with easier, seamless access tocarrier and driver information, whichis currently spread across several differentlegacy software systems. Userswill be able to access multiple informationsystems with a single usernameand password.Eventually, all of FMCSA’s legacysoftware systems will be retired and theMobile Client Application will becomethe sole field system.Expected to be developed in phases,the Mobile Client Application in itsfinal form will provide enhanced dataquality by drawing from a central, standardizeddatabase. It will provide consistentedit checks. It will also supportoffline as well as online use.Support for the New Entrant SafetyAssurance ProcessBeginning in December 2009, functionalityfor completing Safety Auditsfor all U.S. and Canadian carriers whohave entered the New Entrant SafetyAssurance Process since the FinalRule’s effective date of February 17,2009, will reside in the Mobile ClientApplication.Because this is the first release ofMobile Client Application, other SafetyAudits will need to be completed withinCAPRI. CAPRI and the old version ofNew Entrant Type Audits will be availableuntil mid-August 2010.Alignment with CSA 2010Much of the development of the MobileClient Application is being driven by theAgency’s new business processes laid outby the Comprehensive Safety Analysis(CSA 2010) initiative.Beginning in July 2010, the MobileClient Application will incorporate evaluativescores derived through CSA2010’s seven Behavioral Analysis SafetyImprovement Categories, or BASICs.For more information, contact the FMCSA COMPASS team at compass@dot.gov.11

First Quarter 2010www.cvsa.orgScope of Training Programs Growing atNational Training CenterBy Joe DeLorenzo, FMCSA, Director, National Training CenterChange is occurring at the NationalTraining Center (NTC) where we areproud to serve as the focal point for thedevelopment and delivery of motor carriersafety training for federal, state andlocal law enforcement officials. Thescope of training programs has grown.The curriculum now cover courses incommercial driver and vehicle inspection;drug interdiction; intelligent transportationsystems; compliance andenforcement; highway safety; educationand outreach, and; program managementand support.The state training courses are presentedat various field locations nationwide.As always, there is no tuition costto the requesting agency.Each year, NTC supports morethan 300 classes hosted at variouslocations throughout the country.Classes are taught by a mix of federaland state associate staff instructorswho possess both topic area expertiseand a dedication to excellence intraining instruction.With the roll-out implementation ofthe Comprehensive Safety Analysis(CSA) 2010 this year, NTC will continueto work closely with CVSA to ensureefficiency and uniformity in trainingprograms for roadside inspections.During a three-day meeting held inearly December 2009, senior executivestaff representing NTC and CVSA had aseries of lively discussions on a myriad ofsubjects, including: instructor certificationprocesses; CSA 2010; formallyupdating class curriculum; new classneed, and; establishing formal roles andresponsibilities. The overarching aim byeveryone involved was to help save livesby ensuring delivery of the highest caliberof safety training possible. I am absolutelyconfident we will meet that aim.We have an exciting future ahead. Iwould like to again thank CVSA and allof its members for their continuingstrong and effective partnership in commercialvehicle safety.Your ideas and suggestions are alwaysappreciated! Feel free to share them with usby clicking on the “Contact Us” tab locatedon our website: www.fmcsa.dot.gov/ntc.NTC News BriefsSchedule Intake Forms Available OnlineNTC continues its commitment to utilizing technology to expediteprocesses for states submitting Schedule Intake Forms(SIF). States can now view and manage their course intake submissionsonline at: www.fmcsa.dot.gov/ntc. Course descriptions,prerequisites and certification maintenance requirements are alsoavailable on the website. SIF’s submitted online can be printedfor submission to FMCSA Division Offices along with StateTraining Plans. With the automated process, it is no longer necessaryto print, copy, scan or fax SIF’s. Users now receive an e-mail confirming the submission of the SIF with the subject line“New SI Submitted.” State users can edit previously createdclasses within the NTC Website 45 to 60 days prior to thebeginning of the class. With the exception of date changes andcancellations, modifications to intake requests can now be madeonline by logging into the NTC website and viewing scheduledintake requests.Policy Allows Training in Other StatesNTC and CVSA policy allows local jurisdictions to take trainingin other states – with approval from their lead MCSAPagency. NTC added a reminder of this policy online at:www.fmcsa.dot.gov/NTC/Pages/FAQ#29. Host states shouldhave local jurisdictions supply written consent from lead agenciesprior to accepting their enrollment requests.Web-Based Training Moves ForwardCVSA and our state partners have been assisting NTC in thedevelopment of several on-line training modules that will be madeavailable to the public. Modules covering Hours-of-Service regulationsand New Entrant requirements are presently being developed.Other topics will include: General Overview – FMCSRPart 390; Drug and Alcohol Testing; Financial Responsibility; andDriver Qualifications. Completed modules will be posted as soonas they become available at: www.fmcsa.dot.gov/NTC.12

GuardianF E D E R A L N E W SFLETC and TSA Partner on Commercial VehicleCounterterrorism Training ProgramBy the Federal Law Enforcement Training CenterThe Federal Law Enforcement TrainingCenter (FLETC) and the TransportationSecurity Administration (TSA) havepartnered to offer more training opportunitiesto law enforcement officers whoprotect our highways.In March, TSA signed an agreementto underwrite a portion of FLETC’sCommercial Vehicle CounterterrorismTraining Program (CVCTP). Their contributionwill fund eight training programsthrough April 2010, and theagency has the opportunity to fund 18additional classes thru 2011. This agreementis a renewal of the two agencies relationshipon this program; CVCTP wasdeveloped in 2005 by FLETC at therequest of and commissioned by TSA.The CVCTP is designed to train lawenforcement officers responsible for theenforcement of commercial vehiclestraveling on the Nation’s highways onhow large commercial vehicles can beused in committing an act of terrorism,either as a weapon of mass destruction oras a delivery system for transportingmaterials to further a terrorist cause.The CVCTP is unique in its design, recognizingthat security of our highways isaccomplished by a cooperative effort offederal, state, and local officers, and it isdesigned specifically to take advantage ofthe commercial vehicle enforcementofficer’s close oversight of the truck andbus community.“The CVCTP adds capability to theDepartment of Homeland Security’sintermodal transportation security regimen,”said FLETC’s CounterterrorismDivision Chief Dennis Keith. “Byextending the awareness and preventionof terrorist acts to our state and local lawenforcement agencies, we are helpingclose gaps and raise the risk of detectionfor anyone seeking to use overland transportationto facilitate an attack.”“It’s important to ensure that local lawenforcement officials have the informationand the skills they need to fight terrorism,respond to terrorist attacks, and to identify,gather and report relevant informationin a safe, effective and professional manner,”said William H. Arrington, GeneralManager of TSA’s Highway and MotorCarrier Division. “They are on the frontline to engage terrorists in the communitieswhere they live and plan their operations.Local and state law enforcementofficers know their communities best andcan be an extraordinary resource in the waron terrorism if they are given the necessaryskills and information.”The program is primarily designed forlaw enforcement officers who performsafety inspections and daily roadsideinteractions with commercial trucks andbuses. Officers who are in daily contactwith commercial vehicles are taught tofocus on awareness, highway watch,inspection, behavior identification, morein-depth interviewing techniques, fraudulentdocument recognition and responseto suspicions. Training locations for thisyear’s TSA-sponsored training sessionshave not yet been confirmed. In developingthe original commercial vehiclecounter-terrorism training program withFLETC, TSA was joined by CVSA, theInternational Association of Chiefs ofPolice (IACP), the National Sheriff ’sAssociation (NSA) and the AmericanAssociation of Motor Vehicle Admini -strators (AAMVA).“This program gives our state andlocal law enforcement officers the toolsto become force multipliers inHomeland Security goals to enhancesecurity for all modes of transportationand shield the Nation’s critical infrastructurefrom attacks,” said FLETCDirector Connie Patrick.Reprinted with permission from FLETC.Courses: Materials and Review• NTC will only be providing regulation books for NorthAmerican Standard (NAS) – Part A, and General HazardousMaterials courses. A new pre-requisite has been added to thecourse descriptions online for host agencies to supply, orrequire students to bring current books for other coursesrequiring either the Hazardous Materials Regulations and/orthe Federal Motor Carrier Safety Regulations. For a completelist of course materials contact: ntc-state-programs@dot.gov.• In September 2009, NTC launched an in-depth, year-longreview of the following courses: Compliance Review; NewEntrant Safety Audit; Roadside Enforcement, and;Enforcement Procedures. Subject matter experts will reviewcurrent course content and recommend changes, includingincorporation of CSA 2010 training material and informationtechnology systems training. Plans are for the reviewpanel to meet at NTC in January 2010. Special thanks go toMaryland, Ohio and South Carolina for providing subjectmatter experts to participate on the review panel.13

First Quarter 2010www.cvsa.orgRegulatory SummaryNew Entrant Safety Assurance RuleOn December 16, 2009, FMCSA beganenforcement of its New Entrant SafetyAssurance Process rule, which requiresnewly registered truck and bus companiesto meet stricter safety requirements.The final rule raises the compliance standardsfor passing new entrant safetyaudits and requires that new carriers correctsafety deficiencies before beinggranted permanent registration.Under the new requirements, a newlyregistered truck or bus company willautomatically fail its safety audit if violationsof any one of 16 essential federalregulations are discovered. These regulationscover controlled substances andalcohol testing, hours-of-service rules,driver qualifications, vehicle conditionand carrier insurance responsibility.Failure to pass a new entrant safetyaudit may result in revocation of a carrier’sregistration, unless that carrier takescorrective action within a time periodestablished by FMCSA. Additionally, ifcertain violations are discovered duringroadside inspections, the new carrier maybe subject to an expedited safety audit ora compliance review that can result infines or an out-of-service order.Intermodal Chassis RuleFMCSA began implementation of itsIntermodal Chassis rule that requiresintermodal equipment providers (IEPs),motor carriers and drivers to shareresponsibility for the safety of intermodalequipment used on our nation’s highways.Under this final rule, IEPs mustimplement systematic inspection, repairand maintenance programs for intermodalchassis, and repair or replacedefective equipment. Each IEP mustsubmit to FMCSA an IEP IdentificationReport (Form MCS-150C) and establishsystematic inspection, repair, andmaintenance programs by December 17,2009. In addition, each IEP must identifyits equipment with a USDOT numberby December 17, 2010.Electronic On-Board Recorders forHours of Service MonitoringIn December, FMCSA submitted a finalrule concerning electronic on-boardrecorders (EOBRs) to the Office ofManagement and Budget for review andapproval prior to publication in theFederal Register. This rulemaking follows-upon the 2007 notice of proposedrulemaking on the subject. This rulemakingwould amend the Federal MotorCarrier Safety Regulations (FMCSRs)to incorporate new performance standardsfor electronic on-board recorders(EOBRs) used to monitor drivers’ hoursof service. The rulemaking would alsorequire motor carriers that have demonstrateda history of serious noncompliancewith the hours-of-service (HOS)rules to mandatory installation ofJUST PUBLISHED!Two new informational brochures:“Changes to the New EntrantSafety Assurance Program”“Federal Drug & AlcoholTesting Regulations”EOBRs meeting the new performancestandards (a remedial directive).Generally, OMB completes its review ofsignificant rulemakings within 90 days; ifthe review for this rule takes the full 90days prior to approval, the final rulewould be issued in late March 2010.Electronic On-Board Recordersand Hours of Service SupportingDocumentsFMCSA added a new rulemaking to itsregulatory agenda in the Department ofTransportation’s Sig nificant RulemakingReport. The new rulemaking wouldconsider follow-on revisions to theEOBR final rule anticipated to be issuedin early 2010. In the new EOBR initiative,FMCSA would consider broadeningthe mandatory use of EOBRS. TheAgency also would consider addressingthe hours of service supporting documentsrequirements. The estimatedpublication date for this new EOBRrulemaking is September 3, 2010, basedon the Department’s December 2009Sig nificant Rulemaking Report.Download copies at www.fmcsa.dot.gov under “Outreach and Education” tab.Limited supplies of print copies are also available. Call FMCSA toll free 800-832-5660.14

GuardianC V S A N E W SHighway Safety Partners Venture ImprovesCommunication Between Private, Public SectorsThe Federal Highway Administration’s Office of Safety, recognizingthe need for improved communication between the federal sector,national associations, practitioners, and private sector groupsrepresenting the collective interests of national, state, and localstakeholders in the traffic safety arena, launched the HighwaySafety Partners Venture (HSPV) on March 9, 2007. The overallobjective of the HSPV is to convene on a regular basis, to “informally”discuss issues of mutual interest related to accomplishing ourmutual safety goals. The HSPV has established a forum for informal,open, and candid discussion of pertinent traffic safety issues.The theme of the meetings is to strengthen the relationshipamong safety partners to better leverage resources and to bemore aggressive in accomplishing safety goals. The HSPVfunctions as our antenna receiving clear and concise signals andmessages from the diverse public audience we serve.Past and continuing discussions include SAFETEA-LU andreauthorization positions, roadway departure, speed management,the national highway safety goal, the culture of safety inAmerica, and advancing safety on the national agenda.The following organizations are currently active participants inthe HSPV: Foundation for Traffic Safety, American AutomobileAssociation, National Office, American Association of MotorVehicle Administrators, American Association of State HighwayTransportation Officials, American Highway Users Alliance/Roadway Safety Foundation, American Public WorksAssociation, the American Road and Transportation BuildersAssociation, American Traffic Safety Services Association,Commercial Vehicle Safety Alliance, Driver Education andTraining Administrators, Governors Highway Safety Association,International Assoc of Chiefs of Police, International Associationof Fire Chiefs, Institute of Transportation Engineers, IntelligentTransportation Society of America, National Assoc of CountyEngineers, National Association of State Emergency MedicalServices Officials, National Local Technical Assistance ProgramAssociation, National Sheriffs Association, TransportationResearch Board, Federal Highway Administration, NationalHighway Traffic Safety Administration, and the Federal MotorCareer Safety Administration.CVSA Applauds Confirmation of Ferro, Quarterman to Top DOT PostsNaming of Administration Heads Critical to Lead Country, Ensure SafetyCVSA is pleased that the Senate has confirmed the long-awaited appointmentsof two key Department of Transportation administration positions:Anne Ferro as the Federal Motor Carrier Safety Administrator; and, CynthiaQuarterman, Pipeline and Hazardous Materials Safety Administrator.“I have personal experience in working with Ms. Ferro in both positionsshe has held in the State of Maryland,” said Buzzy France, CVSAPresident. “She has an excellent understanding of how government, lawenforcement and industry need to work together to solve problems, andwill be a great advocate for safety.”Anne FerroCynthia Quarterman“FMCSA’s mandate requires a strong leader who can meet the challenges that come from a diverse industry and that personis rightly Ms. Ferro,” said Stephen A. Keppler, CVSA’s Interim Executive Director. “Ms. Ferro has proven that she iscommitted to working with a wide range of stakeholders including CVSA and understands the important role that statesand roadside inspectors play in ensuring highway safety, including our friends to the north and south in Canada and Mexico.”“Ms. Quarterman has more than 20 years of experience in the transportation of hazardous materials by pipeline andwe are looking forward to working with her in helping address this critically important sector of our transportation system,”said Keppler.15

First Quarter 2010www.cvsa.orgOperation Safe Driver CampaignCites Driver, Vehicle ImprovementsCVSA Seeks to Change High-Risk Driving Behaviors That Cause Highway DeathsLaw enforcement officers across the continentare noticing improvements for bothdrivers and vehicles with regard to thenumber of out-of-service (OOS) violationsand citations as a result of the weeklongnational education and enforcementblitz which included 5,061 law enforcementpersonnel at 1,071 locations acrossthe U.S. and Canada. The campaign,known as Operation Safe Driver, however,showed that there is still work to bedone in educating both passenger andcommercial vehicle drivers about operatingtheir vehicles more safely.“Every day inspectors and law enforcementpersonnel strive to remove those ‘badactors,’ whether they are truck, bus, or cardrivers, from our roads,” said Stephen A.Keppler, CVSA’s Interim ExecutiveDirector. “And while we are making slowand steady progress data shows that westill have our job cut out for us.”Data collected during the third annualOperation Safe Driver campaign,October 18-24, 2009, reveals that whileOOS violations are down, there was anincrease in the warnings and citationsissued for traffic enforcement for truckand passenger vehicles. The campaign,created in 2007 by CVSA, in partnershipwith FMCSA, addresses the problem ofimproving the behavior of all driversoperating in an unsafe manner - either inor around commercial vehicles - and totake aggressive enforcement action onthose exhibiting high-risk behaviors.“Law enforcement officers also areacutely aware that education is a corecomponent of enhancing highway safety,and in this regard are being more proactivein their efforts,” said Keppler.This year, CVSA expanded the campaignto incorporate many new educationaloutreach efforts including a kick-offcampaign held at Walt Whitman, aWashington D.C. area high school; atraining course called “Teens & Trucks”focusing on the unsafe and distracted drivingpractices around large trucks by youngcar drivers was viewed by more than 2,000students across the U.S. and developed bythe Arizona Trucking Association, theArizona Department of Public Safety,CVSA, FMCSA and the AmericanTrucking Associations; a two-part podcastseries on distracted driving forCVSA’s In the Safety Lane; and, a publicservice announcement that was developedand aired nationwide. Program and eventsponsors include the National HighwayTraffic Safety Administration, AmericanTrucking Associations, GovernorsHighway Safety Association, UnitedMotorcoach Association, AmericanAssociation of State Highway andTransportation Officials, National DistrictAttorneys Association and ArizonaTrucking Association.In other jurisdictions, such as theCalifornia Highway Patrol, safety trainingfor individual companies, a truckrodeo, and presentations at several largetruck shows in addition to media eventsthey held in association with theCalifornia Trucking Association, and theInsurance Information Network ofCalifornia, During a news conferencelive vehicle demonstrations were conductedand included expert drivers topoint out the dangers of blind spots andthe stopping distance of large commercialvehicles, verses passenger cars.On the enforcement front, a numberof jurisdictions conducted TACT(Ticketing Aggressive Cars and Trucks)operations during the week.Details on the 2009 Operation SafeDriver enforcement results include:* 30,294 CMV Roadside Inspections(5.4% resulted in the driver beingplaced out-of-service; 26.1% of theLevel I Inspections resulted in thevehicle(s) being placed out of service.In 2008, there were 32,708 inspectionsconducted and a driver OOSrate of 5.3%;* For Drivers: 0.44 violations per roadsideinspection (0.43 in 2008); 0.08OOS violations per roadside inspec-16

GuardianC V S A N E W SCVSA Commends DOTCommitment to MotorcoachSafetytion (0.14 in 2008); 0.04 citations perroadside inspection (0.08 in 2008);* For Vehicles:1.12 violations per roadsideinspection (0.74 in 2008); 0.19OOS violations per roadside inspection(0.38 in 2008); 0.05 citations perroadside inspection (0.11 in 2008);* 20,198 CMV Driver TrafficEnforcement Contacts: 6,887 warningswere issued (0.34 per contact);8,067 citations were issued (0.40 percontact); In 2008, there were 16,784contacts, which resulted in 3,247warnings (0.19 per contact) and6,143 citations (0.37 per contact);* 10,928 Non-CMV Driver TrafficEnforcement Contacts: 3,818 warningswere issued (0.35 per contact);10,365 citations were issued (0.95 percontact); In 2008, there were 11,151contacts, which resulted in 1,808warnings (0.16 per contact) and8,405 citations (0.75 per contact);* 27,903 CMV Driver License checksand 8,577 Non-CMV DriverLicense checks;* 102 targeted Compliance Reviewswere conducted on truck and motorcoachoperations that employ the“worst of the worst” commercial drivers.Of the reviews resulting in asafety rating (74), eighteen carriers (or24.3%) received a Conditional SafetyRating. (compared to the nationalaverage of carriers rated Conditionalin 2009 was 27.3%); and, nine carriers(or 12.2%) received an UnsatisfactorySafety Rating. (compared to thenational average of carriers ratedunsatisfactory in 2009 was 3.3%).For more information or details on programresults please visit www.cvsa.org/programsand select Operation Safe Driver.The U.S. Department of Trans -portation’s commitment to improvingbus and motorcoach safety is evident inits Motorcoach Safety Action Planreleased this week. The plan was developedwith input from safety groups andothers, including CVSA, to enhance busand motorcoach safety, and addresses theeight priority action areas resulting fromthe Bus Safety Summit CVSA held inMarch 2009. Stakeholders from all sidesof the bus and motorcoach safety communityconvened during the summit andoutlined eight priority areas for enhancingthe safety of passenger carrier transportationto include: an increased focuson new entrants that would require themto receive training and pass minimumstandards; requiring state annual businspection programs; and requiring electronicon-board recorders (EOBRs) tomonitor driver hours of service, amongothers. DOT’s plan also includes actionsto address 11 of CVSA’s 17 recommendationson bus and motorcoach safetywith respect to the Surface Trans -portation Authorization Bill.“We are pleased that governmentleaders have taken these recommendationsto heart and are taking a hardlook at what can be done to enhancebus and motorcoach safety,” saidStephen A. Keppler, CVSA’s InterimExecutive Director. “The key tothese actions will be putting the necessaryresources behind it, both at thefederal and state levels. In thisregard, we are hopeful that theAdministration and Congress willensure that the states’ needs are adequatelyaddressed” said Keppler.As part of its ongoing efforts,CVSA has several committees alreadyworking on items mentioned in theDOT plan that were launched as a followup to the bus safety summit.These committees are working toaddress driver distraction issues,EOBRs, evaluate bus broker registrationrequirements, training for busdrivers involving technologies as wellas training for the enforcement communityto identify potential fire hazardsat roadside, to name a few. As apart of these efforts the bus andmotorcoach industries continue toplay a key role in sharing their knowledgeto help in providing solutions.17

First Quarter 2010www.cvsa.orgA Review of the Out-of-Service Criteria onCommunicationsBy Lt. Donald C. Bridge, Jr, Connecticut Department of Motor Vehicles, CVSA President 2006-2007In April of 2005, the Alliance adopted anew out-of-service criteria (OOSC)with regards to a driver’s inability tocommunicate. Specifically, it states the“driver is unable to communicate sufficientlyto understand and respond toofficial inquiries and directions.” InCanada and the U.S., from March 1,2008 and ending February 28, 2009, ofthe more than three million inspectionsconducted, 1 drivers were cited for beingunable to communicate less than 2/10thof one percent 2 and drivers placed outof-servicewas nearly 1/10th of one percent.3 With that said, it appears that anyfears that enforcement of the new criteriawould result in drivers solely beingdeclared OOS has not come to pass.However, as compared to the twelvemonths closer to the inception of thenew criteria, we have increased the OOSnumbers slightly as compared to violationsonly. 4, 5 As we continue on trackwith our united goal of reducing thenumber and severity of crashes involvingcommercial motor vehicles, we must alsostay on track with the original intentionof this section of the OOSC. With that,we reprint this article from the 3rd quarterof 2005 as a reminder of the how thecriteria evolved over several years and theapplicability of the criteria.“In recognition of the three countries’language differences, it is the responsibilityof the driver and the motor carrierto be able to communicate in the countryin which the driver/carrier is operatingso that safety is not compromised.Driver is unable to communicate sufficientlyto understand and respond toofficial inquiries and directions. (391.11(b) (2)) Place driver out-of-service.” Thissection is not necessarily referring totalking or speaking. Communication canbe accomplished through a number ofmethods. The key to this section is “…sothat safety is not compromised….” Thereis no limit or requirement for the jurisdictionswhen it comes to communicating.To what extent inspectors attempt tocommunicate will be up to their respectivejurisdiction’s policy and resourcesavailable at the roadside. If communicationis established through hand signals,a bilingual inspector, an interpreter, a jobaid or something similar “so safety is notcompromised” then an out-of-servicecondition does not exist.This section has evolved over severalyears of work by several CVSA committeesand others. The primary reason behind itsissuance is inspector and highway safety.Since drivers are active participants in theinspection process, it is imperative thatthey are able to adequately communicatewith the inspector(s) performing theinspection. The word ‘communicate,’ asdefined in Webster’s New World Dictionary,means: 1. to pass along; transmit. 2. tomake known; give or exchange information.3. to be connected. Nowhere in thedefinition is there a reference to “language.”An important item to remember isif the inspector is able to complete theinspection, an out of service condition forlack of communication does not exist. Thelanguage for this addition to the OOSCwas taken verbatim from the minutes of anApril 26, 1995 meeting of the LandTransportation Standards SubcommitteeWorking Group on Commercial MotorVehicle and Driver Standards and MotorCarrier Compliance. This tri-lateral groupwas created by the three (U.S., Canada andMexico) governments in order to facilitateimplementation of the North AmericanFree Trade Agreement. The actions fromthis meeting included a resolution that waspassed by all three countries.We hope you find this informationhelpful and encourage everyone to shareany problems or issues encountered duringroadside inspections with CVSA staff.Without your communication to us and,as members you are part of ‘us,’ we can’taddress your problems and issues. Pleasecontinue the good work we all do, day inday out, be safe and Godspeed.NOTES1. 3,065,916 inspections conducted inCanada and the U.S. from 3/1/2008-2/28/2009.2. 5,506 drivers cited for not being ableto communicate.3. 3,176 drivers declared OOS for notbeing able to communicate.4. 2,944,043 inspections; 6,284 driverscited; 2,254 drivers declared OOS.5. Data source: supplied by FMCSAarchived inspection data, using DIRupdated info.18

GuardianC O V E R S T O R YCOVER STORYChange Ahead: CSA 2010Comprehensive Safety Analysis (CSA 2010) is an FMCSAinitiative to increase the efficiency and effectiveness ofthe Agency’s motor carrier compliance and enforcementprogram.The ultimate goal of CSA 2010 is to reduce thenumber of fatalities and injuries resulting from crashesinvolving large trucks and interstate buses.At CVSA’s annual conference in September 2009,FMCSA, along with its state partners who are participatingin the development and testing of CSA 2010,led a series of briefings and panel discussions.The following four articles — by members of the CSA2010 development team — capture the focus of thosepresentations while providing a more detailed examinationof some of the key elements of CSA 2010.The New Carrier Safety Measurement System:A Better Way to Measure Carrier SafetyBy Bryan Price, FMCSA, Transportation SpecialistFor more than a decade, federal and state enforcement officials, themotor carrier industry and other stakeholders, such as shippers andthe insurance industry, have become familiar with the SafetyStatus measurement system, commonly referred to as SafeStat.Up to this point in time, SafeStat has served as an effectiveperformance-based assessment tool to identify high-risk motorcarriers and to improve safety on our nation’s highways.Today, however, FMCSA is preparing to move from SafeStatto an even more effective system called the Carrier SafetyMeasurement System, or CSMS. Under CSMS, which will bebased on a broader range of safety performance data, lawenforcement officials will have the ability to identify more specificsafety problems than previously possible.While SafeStat assessed motor carriers in four broad SafetyEvaluation Areas -Accident, Driver, Vehicle and SafetyManagement — CSMS will evaluate carriers using seven BehaviorAnalysis Safety Improvement Categories, or BASICs for short.The BASICs were developed based on research showing thatmany commercial motor vehicle (CMV) crashes can ultimatelybe traced to the behavior of motor carriers and drivers.The seven BASICs, and the Federal Motor Carrier SafetyRegulations (FMCSRs) related to each BASIC, are as follows:Unsafe Driving: Operation of CMVs bydrivers in a dangerous or careless manner.Example violations: Speeding, reckless driving,improper lane change and inattention.(FMCSR Parts 392 and 397)Fatigued Driving (Hours-of-Service):Operation of CMVs by drivers who are ill,fatigued or in non-compliance with the hoursof-service(HOS) regulations. This BASICincludes violations of regulations pertaining tologbooks as they relate to HOS requirements and the managementof CMV driver fatigue. Example violations: HOS, logbookand operating a CMV while ill or fatigued. (FMCSRParts 392 and 395)19

First Quarter 2010www.cvsa.orgCSA 2010 Training and the New InterventionsProcess: What You Need to KnowBy Steven M. Piwowarski, FMCSA, CSA 2010 Interventions and Training Team LeaderAs FMCSA prepares to complete the CSA 2010 OperationalModel (Op-Model) Test and to implement the new programnationwide, training for federal and state investigators and managersis a top priority.To date, CSA 2010 has successfully delivered training in thenine Op-Model Test states and is gearing up to provide trainingto the remaining states beginning in the summer of 2010.CSA 2010 training — Who, what and when?All federal and state investigators and managers responsible forcarrying out the commercial motor vehicle investigation programwill receive training. CSA 2010 training will cover allaspects of the new program, from the Carrier SafetyMeasurement System to the new interventions process.The course consists of three components: classroom trainingwith case studies; a webinar that covers the new CrashInvestigation process; and a webinar that walks managersthrough the information technology systems used to makeassignments and upload completed investigations.The CSA 2010 training team, which includes federal andstate enforcement personnel from several Op-Model Test states,will teach the course state-by-state beginning in the summer of2010 and finishing by December 2010. This systematicapproach will ensure that safety practitioners are trained andwell equipped to answer stakeholders’ questions and to effectivelyand efficiently conduct CSA 2010 interventions.What are CSA 2010 interventions?CSA 2010 introduces a suite of tools that will enable federal andstate safety practitioners to select and apply carrier interventionsaccording to the nature and severity of a carrier’s safety problems.Interventions range from the Warning Letter, for the leastsevere issues to Operations Out-of-Service Order (OOS) formore serious safety problems.Three types of investigations are included in the new interventionstoolbox. All three require Safety Investigators to identifywhat the carrier’s safety problems are; to assess why the carrierhas developed them; and to provide recommendations as tohow the problems can be corrected.The first of the three new investigations is the OffsiteInvestigation. This is conducted cooperatively with the motorcarrier using telephone, fax, email and/or other mediums; it doesnot require the investigator to be onsite at the motor carrier’splace of business. The Offsite Investigation is considered theleast invasive of the three, and is designed to address complianceissues that are conducive to immediate improvement and toDriver Fitness: Operation of CMVs bydrivers who are unfit to operate a CMV due tolack of training, experience or medical qualifications.Example violations: Failure to have avalid and appropriate commercial driver’slicense and being medically unqualified to operate a CMV.(FMCSR Parts 383 and 391)Controlled Substances and Alcohol:Operation of CMVs by drivers who areimpaired due to alcohol, illegal drugs and misuseof prescription or over-the-counter medications.Example violations: Use or possessionof controlled substances or alcohol. (FMCSR Parts 382and 392)Vehicle Maintenance: Failure to properlymaintain a CMV. Example violations:Brakes, lights and other mechanical defectsand failure to make required repairs. (FMCSRParts 393 and 396)Cargo Related: Failure to properly preventshifting loads, spilled or dropped cargo andunsafe handling of hazardous materials.Example violations: Improper load securement,cargo retention, size and weight andhazardous material handling. (FMCSR Parts 392, 393, 397, &HM Violations)Crash Indicator: Histories or patterns ofhigh crash involvement, including frequencyand severity. It is based on information fromstate-reported crashes.The new system will provide a more detailed and informativeassessment of a motor carrier’s safety performance than possibleunder SafeStat. For example, CSMS will notify enforcementpersonnel when a motor carrier has hours-of-servicedeficiencies (Fatigued Driving BASIC) or deficiencies in thearea of licensing and medical qualification requirements(Driver Fitness BASIC).Another important difference between SafeStat and CSMS20

GuardianC O V E R S T O R Yproducing readily identifiable evidence of correction.The next type is the Onsite Focused Investigation, which isconducted at a motor carrier’s place of business and focuses onthe carrier’s specific deficient Behavior Analysis SafetyImprovement Category (BASIC). For example, a motor carrierthat is only deficient in the Fatigued Driving (Hours-of-Service) BASIC may receive an Onsite Focused investigationwhere the investigator focuses on that deficiency and completesthe investigation in less time than the traditional ComplianceReview (CR) would take.The last kind of investigation is the Onsite ComprehensiveInvestigation, which is conceptually the closest to today’s CR,where enforcement personnel examine all aspects of the carrier’soperation. Like the other CSA 2010 investigations, the OnsiteComprehensive option requires the investigator to identify thecarrier’s safety management process breakdowns; to recommendremedies; and to provide educational resources to help the carrierchange the behavior that triggered the intervention.In addition to the interventions described above, theCooperative Safety Plan (CSP) is a new tool showing promisein the Op-Model Test. The CSP is a plan that a motor carrierdevelops detailing what the carrier will do to reduce or eliminatethe types of violations discovered during the investigation.Generally, the CSP is offered to carriers in situations where theinvestigation results do not warrant the issuance of a Notice ofClaim (NOC) or Notice of Violation (NOV). NOCs andNOVs remain important components of the CSA 2010 interventionstoolbox.How well is CSA 2010 working now?In the Op-Model Test, CSA 2010 is already seeing greater efficiencies,including a 20 percent increase in investigations perinvestigator. Fifty percent of CSA 2010 investigations have resultedin follow-up interventions such as CSPs, NOVs or NOCs.FMCSA anticipates that efficiencies will increase as FMCSAand its state partner staff members are trained and becomeincreasingly skilled in the new process and as motor carriers anddrivers become more knowledgeable about CSA 2010.Federal and state safety practitioners involved in the Op-Model Test have embraced the new program.Jim Dearing, a Missouri safety investigator and CSA 2010instructor says, “The new approach to the investigative processand its associated applications are the most dynamic and innovativecompilation of tools and resources FMCSA has developed inits history. I am not only enthusiastic but proud to be involved ineducating others as the Agency prepares for rollout nationwide.”is that CSMS assesses motor carrier performance using ALLsafety based violations from roadside inspections rather thanonly using out-of-service violations. This provides a more accuratepicture of a carrier’s safety posture.What does this mean for roadside enforcement officials?The impact of the roadside inspection program on safety willincrease. Roadside inspection results will feed motor carriersafety assessments and will be used by safety investigators to prioritizecarriers for interventions. By working to ensure the uniformityand high data qualityof all inspections, roadsideinspectors will play a morecentral role in helping toreduce CMV crashes.What does this mean formotor carriers?The changes will also besignificant for some motorcarriers. In a number of cases, CSMS will identify carrierswho do not show up in today’s SafeStat system while highlightingsafety problems that require corrective action. Thenew system will identify problems earlier so that in many ofthese cases motor carriers will be alerted to safety problemsthrough a Warning Letter. Motor carriers also will have theopportunity to address issues quickly and without furtherintervention if they are corrected successfully.FMCSA is committed to working with its state partners andindustry stakeholders to refine the new CSMS and to improvethe quality of the performancedata that will feed it.These important activitieswill ensure that our comprehensivesafety efforts are aseffective as possible and willhelp us to meet our sharedgoals of preventing crashesand saving lives.21

First Quarter 2010www.cvsa.orgWarning Letters - Who, What, Why and When?By Jon McCormick, FMCSA, Federal Programs Specialist, Georgia DivisionCSA 2010 introduces a suite of tools that will enable federal andstate safety practitioners to select and apply carrier interventionsaccording to the nature and severity of a carrier’s safety problems.The CSA 2010 intervention toolbox includes some existing toolsand adds some new ones.CSA 2010’s new array of interventions starts with theWarning Letter, the earliest contact designed to address the leastsevere safety problems. The Warning Letter is designed to contactcarriers with newly identified and less severe safety problemsto make carriers aware of their safety performance issues so theycan address these early on before they become habitual and aremore difficult to correct.What will Warning Letters say?Warning Letters will notify carriers of their specific safety issues,provide instruction on how to view their safety informationonline, and warn them that failure to correct safety problems willresult in future contact by FMCSA. Warning Letters will alsoprovide motor carriers with an opportunity to examine their datafor accuracy and to file any appropriate data challenges.Who will get a warning and when?Motor carriers who are identified through the Carrier SafetyMeasurement System (CSMS) as having a clear, but limited safetyproblem based on their on-road safety performance will receive aWarning Letter. Warning Letters will be deployed as part of thestate by state systematic national roll-out of the CSA 2010 interventionprocess beginning in the summer of 2010 and finishing byDecember 2010. Warning Letters will be sent after federal and stateenforcement personnel have been trained on the new program.What will happen after a Warning Letter is sent?Motor carriers, who take action after receiving a Warning Letterby reviewing their safety performance histories, identifying andcorrecting their problems, and building long-term safe on-roadperformance records, will likely not require any follow-on investigation.Carriers who do not improve their safety performanceor whose problems increase will probably receive an investigationsuch as an Offsite or Onsite Investigation.Will all carriers with safety deficiencies receive aWarning Letter?No. Motor carriers who are identified as having significant safetyproblems in CSMS will receive an Offsite or OnsiteInvestigation depending on the deficient BASICs. They will notnecessarily receive a Warning Letter beforehand.An Introduction to the New Inspection Selection SystemBy Capt. Mark Savage, Colorado State PatrolIn support of the Roadside Inspection Program, CSA 2010 isdeveloping an improved Inspection Selection System (ISS) tosupport state inspectors in determining which carriers to inspect,based on the carrier’s identified safety problems and relevantinspection history.The goal is to have an effective inspection selection systemthat is widely accepted and used by stakeholders across jurisdictionalboundaries.To accomplish this goal, multiple stakeholders will beinvolved in the development and validation of the ISS algorithm.This will help to ensure that the new ISS is an effective and usefulresource for roadside inspectors as they work to reduce crashesand improve traffic safety.The most significant change to ISS will be that inspectorswill view the data by Behavior Analysis Safety ImprovementCategory or BASIC (as opposed to the current SafeStat category),with only minor changes to the ISS software interface.The following fictional example illustrates just how ISSwould help a state inspector select a carrier for inspection:Three trucks pull into a fixed Port of Entry Weigh Stationin Eastern Colorado. The owner-operator of the first truckhas never been inspected and, as a result, has no safety performancedata in the Carrier Safety Measurement System(CSMS). The second truck is operated by a large truckloadcarrier with a failed Fatigued Driving (Hours-of-Service) BASIC. The third truck is operated by a smallintra-state company that recently had a CSA 2010 investigationwhich identified serious safety violations. Theroadside inspector runs all three DOT numbers throughInspection Selection System (ISS) to help make the bestchoice of which truck to inspect.22

GuardianC O V E R S T O R YOperational Model Test StatesHow are Warning Letters working in the Op-Model Test?As of November 2009, CSA 2010 is being tested in nine states.Close to 5,000 Warning Letters have been sent; almost one-half ofthose carriers have logged onto the website to view their safetyperformanceinformation (CSMS results) - an important first stepfor carriers in taking responsibility for their safety performance.Moreover, several carriers sent letters detailing their correctiveactions or sought guidance from Division Office personnelin response to the Warning Letters.Daniel Drexler, the FMCSA division administrator inMinnesota, one of the test states, observed, “As a result of theWarning Letters sent to Minnesota carriers, we have spokenwith many carrier officials who thanked us for notifying themabout their safety problems.”According to Drexler, once carriers understand the new program,“They see CSA 2010 as a tool to reinforce for drivers theimportance of roadside inspections, and to hold drivers accountablefor on-road safety performance.”*While this scenario is fictional, it illustratesone of many possible situations that CSA2010 is addressing as it develops and refinesthis new system.The ISS algorithm will consider threecomponents: safety; insufficient data; andinvestigative results — in its calculation of anew inspection selection score for individual carriers.The final score will be displayed via the new system, so aninspector can determine what type of action is needed to reducethe potential crash risk.Moreover, ISS will help the inspector assess what is actuallycausing the carrier to be flagged by providing the targeted carrier’sBASIC percentiles as well. The inspector will be able to usethis information to conduct the most effective level of inspection.For example, imagine that a carrier is stopped as a result of itsISS score. After closer examination the officerdetermines that the carrier is deficient in theFatigued Driving (Hours-of-Service) BASIC— but not deficient in any other BASIC. Asa result, the officer decides to focus his or herefforts on a level III inspection that targets thelog books of the driver.CSA 2010 is working to make sure that roadside inspectionactivities support the goals of both the roadside inspection programand CSA 2010 investigative activities.The new ISS algorithm will focus the resources of stateenforcement agencies on high-risk carriers. Once the algorithmis fully developed and vetted, CSA 2010 will notify users abouttraining opportunities.ISS is currently scheduled to rollout nationwide in the summerof 2010.* Photo Copyright ©, Pittsburgh Post-Gazette, 2009, all rights reserved. Reprinted with permission.23

First Quarter 2010www.cvsa.orgInspector’s CornerBy Alex Bugeya, Ontario Ministry of Transportation, TransportationEnforcement Officer, NAIC 2009 Grand ChampionAlex BugeyaOne of the skills that is often called uponwhen working as a CVSA-certifiedinspector is the ability to interpret andapply the applicable state, provincial, territorialor federal laws of our home jurisdictions.These laws will often differfrom place to place, however, we are alsouniversally required to interpret andapply the North American Standard Outof-ServiceCriteria (OOSC).Applying the CVSA OOSC is asmuch about being able to identify defectsthat qualify as out-of-service, as it isabout understanding why a given defectis deemed out-of-service once it reachesa certain level. The intent of the OOSCis to remove from the highway a commercialmotor vehicle that possesses adriver, mechanical condition or load thatis “likely to cause an accident or breakdown,”or, in other words, a conditionthat is considered to be an imminenthazard to the motoring public.That being said, every once in a while,over the course of our careers as a CVSAcertifiedinspector, we will have occasionto question whether the work being doneinterpreting and enforcing these standardsis really making a difference. Thisis a topic I discussed with one of my fellowinspectors, who was quick to pointout that while there are occasions wherethis is true, there are many more occasionswhere we also feel greatly rewardedin our work. Often, these moments comefrom particular inspections and theresults of effectively applying the OOSCwhere one knows they have just removedan imminently hazardous commercialvehicle from the road or, even in somecases, saved a life.Recently, some of my colleagues wereinvolved in such an inspection. Theinspectors were on their way to a meetingwhen they observed a tractor-trailer withone of the wheel assemblies appearing towobble. The combination in question wasa three-axle tractor with a five-axle trailer,hauling approximately 61,000 kgs.(138,000 lbs.) of household waste.Unsure as to the cause of the wobble, theystopped the vehicle, and were shocked tofind that the wheel was moments awayfrom separating. A CVSA Level IIInspection was conducted and it revealedthat on the eighth axle, driver side, two ofthe wheel studs had sheared off, two otherfasteners were missing and the rest of thefasteners were loose. (See image 1.) Thewheel had been in the process of separatingfor some time as the disc wheel itselfwas full of metal shavings from the elongatedstud holes. When looking betweenthe dual wheels, the inspectors wereshocked to find the wheels had become soloose; a 1 1/2” gap had developed betweenthe two disc wheels. (See image 2.) One ofthe inspectors described the sound of thewheel as they were stopping the vehicle as“washing machine full of ball bearings.”While this is an extreme case, theOOSC is often applied to defects that arenot as readily visible from outside the vehicle.Such is the case with an inspectionthat occurred recently at the Putnam TruckInspection Station in south-westernOntario. The commercial vehicle that wasinspected was a standard five-axle tractortrailercombination that happened to becarrying a Class 3 Dangerous Good/Hazmat. Upon the initial stop, the vehicleappeared to be in perfectly good workingorder. However, through the course of theinspector’s CVSA Level I Inspection, itwas discovered that one of the brake drumson the trailer was mostly missing. Theentire braking surface of the drum wasgone and all that remained was the backing(the portion of the drum through whichthe wheel studs are attached). In comingapart, the brake drum had perforated theadjacent airbag and damaged the inner tireof the wheel assembly. As a result, theairbag was deflated and the tire had developeda small leak. Of added concern werethe remaining internal brake components(i.e., shoes, roller pins, etc.) which were nolonger contained within a brake drum andin the process of coming loose. Images 3and 4 below show the damage done to thetrailer by the brake drum and reiterate thedanger brake drums pose when they aredamaged but still intact.These are just two examples out of thethousands of occasions where inspectorsacross North America are making a differencetoward the road safety of theirhome jurisdiction. By applying theirtraining and properly enforcing theOOSC, they are removing hundreds ofunsafe vehicles from our highways.Image 1 Image 2 Image 3 Image 424

GuardianC O M M I T T E E N E W STraining Key to Ensuring Uniform Application ofSafety ProgramsBy Sgt. Raymond Weiss, New York State Police, Chair Training CommitteeSgt. Raymond WeissThe CVSA Training Committee is dedicatedto ensuring that the NorthAmerican Safety Inspector receives thebest training available to promote uniform,quality and professional inspections.Quality training produces qualityinspections and enforcement. The role ofthe safety inspector has grown, changedand expanded dramatically over the pasttwo decades. With these expanded rolescome expanded responsibilities.Technology and related programshave brought us to a point where we havea real-time impact on highway safety.ASPEN, CDLIS, Query Central,SAFER, L&I, ISS, PRISM, etc. providesthe inspector with the ability to identifyand focus their attention on specific areasof concerns while performing safetyinspections and investigations. CSA 2010is designed to utilize technology anddevelop more effective and efficientmethods to identify and correct high riskbehaviors by motor carrier and drivers.Uniformity is the key to implementingthe safety inspection and investigationprocess under CSA 2010. From uniforminspection procedures and application ofthe regulations, to uniformly documentingviolations and data transmission,every step of the investigation andinspection reporting process has animpact on highway safety. Training thenbecomes the key to insuring the uniformapplication of the safety programs.To ensure the continued quality anduniformity of training classes, the CVSATraining Committee, partnering withthe National Training Center (NTC),will be addressing the certification, recertificationand decertification criteria ofinspectors and instructors. Focusing onthe needs of the member jurisdictions,the Training Committee will be developing,reviewing and improving the currenttraining curriculums as well as developingnew training courses.The NTC understands the impacttraining has on successful highway safetyinitiatives. In addition to improving thecurrent course syllabus for instructor leadcourses, new areas of instruction are beingexplored such as web based training, utilizingexisting resources (such asGuardian), and developing modular trainingclasses that can be delivered decentralizedby the local jurisdictions.Training and learning is a continuingprocess that is inevitable for all safetyinspectors to perform at the highest levelpossible. In addition to the core coursesfor roadside inspectors (Part A, Part B,HM, Cargo Tank, OBP), there is a needfor continued training to provide updatesabout changes in the regulations andsafety inspection programs. In-servicetraining is essential for every memberjurisdiction to maintain a high standardof quality enforcement. However, guidelinesfor in-service training are few. TheNorth American Standard Out-Of-ServiceCriteria in-service training module isavailable for all members to downloadfrom the CVSA website. We would liketo build and expand upon this programand provide more modules and more topicsfor the jurisdictions to utilize. In orderfor this to be done properly and effectively,the Training Committee will need volunteersto step-up and be able to dedicatetheir time between meetings to developquality training programs.So I put these questions to you, theend users and most important part of thesafety program: Are there classes that areneeded but not currently available? Arethere classes currently available that arenot meeting the needs of the jurisdictions?Are classes or parts of classes thatare outdated or in need of restructuring?Do you have a training program youcould make available for all jurisdictionsto use? Your participation and feedbackis necessary for us to make this work foryou. An Alliance depends upon its membersto be successful.NEW CVSA ASSOCIATE MEMBERSBork Transport of IllinoisBP America, Inc.Capitol Motor Carrier ComplianceChesapeake Energy CorporationCommonwealth TransportationConsultantsDell Perot SystemsDistTech, Inc.Driving Ambition, Inc.Gooch Trucking Co., Inc.Great White Pressure Control LLCHallmark Tubulars LTD.ICC The Compliance CenterIMT PartnershipKane Transport, Inc.Keen Energy Services, LLCMississippi Trucking AssociationScott L. Turner Consulting, LLCSkyline Network Engineering, LLCStemcoSuperior Construction Co., Inc.Texas Motor Transportation AssociationTIP National, Inc.Western Flyer Express, Inc.25

First Quarter 2010www.cvsa.orgData Quality Assessment Leads to Major Changes to theOOSC Securement of CargoBy Capt. John E. Harrison, Georgia Department of Public Safety, CVSA President 2007–2008One of the major issues identified by theCSA 2010 pilot was the lack of uniformityin the manner of which certain violationsare documented on inspection reports.Consequently, a significant shift in themanner cargo securement violations arecited and marked out of service (OOS) ison the horizon. The data quality workgroup,in conjunction with the vehicle committee,recommended a major reorganizationof the cargo securement section of theNorth American Standard Out-of-ServiceCriteria (OOSC), particularly as it relates todefective tiedowns. Subsequently, thoserecommended changes to the OOSC wereapproved by the executive committee andthe membership to be effective April 1,2010. The related operational policies concerninginspection procedures are alsobeing revised.The need for these changes becameevident when the data quality workgroupmembers realized that the manner inwhich each jurisdiction documented orlooked at defective tiedown violations variedgreatly. Moreover, it was also determinedthat different inspectors withineach jurisdiction were not uniform inapplying the OOSC to defectivetiedowns. For example, one inspectorA significant shift in the mannercargo securement violations are cited and markedout-of-service is on the horizon.would cite each defective tiedown(required or not) as a violation and markeach one individually as an OOS condition.Others would group multiple defectivetiedowns into one violation and markthe same as one OOS condition. Otherinspectors would not cite the defectivetiedowns at all, but would cite the vehiclefor a violation of insufficient tiedowns forlength (10 ft. rule) or insufficienttiedowns for weight (1/2 working loadlimit (WLL)), while others would citethem for both the length rule, weight rule,and a few would additionally also citethem for the defective tiedowns (tripledipping so to speak). Each jurisdictioncould point to valid reasons as to theirrespective approach to cargo securement.After very lengthy discussions, thework group recommended reorganizingthe cargo securement section by placingtiedown defects into a table that outlinesthe various conditions that constitute adefective tiedown (including anchorpoints). When a tiedown is determinedto meet a defective condition as outlinedin the table, then that tiedown is excludedfrom the number of tiedowns that canbe used to comply with length, aggregateWLL, or cargo specific requirements,thereby possibly generating a violationof each respective section(s).Consequently, the OOS condition to becited could be for: (1) length (10 ft. rule);(2) insufficient aggregate WLL; and/or(3) cargo specific (logs, heavy equipment,boulders, etc.). The individual defectivetiedowns would additionally be documentedas violations but not markedOOS. This approach can be comparedto how the 20 percent defective brakedocumentation theory in ASPEN wasamended in 2009. Basically in thatapproach, one OOS brake violation isdocumented for: “20 percent or more ofthe brakes on the vehicle or combinationare defective,” then each brake violationthat contributed to the 20 percent OOSviolation is documented as an individualviolation but not marked OOS. AnOperational Policy will be forthcomingto better explain “How to Document aViolation” when the workgroup is completedwith all their required tasks.Another cargo securement issue thatwas discussed at length was how to handlea defective tiedown that is being used tosecure cargo, but not necessarily a required26

GuardianC O M M I T T E E N E W SLocal Law Enforcement Seeks toIncent Members to Jointiedown. For example, a vehicle is foundto have tiedowns every 10 linear feet, butat some point an extra tiedown is addedfor additional security. That additionaltiedown is found to be cut or torn as outlinedin the defect table. FMCSR section393.104(b) states and the Canadian NSCStandard 10 has similar verbiage stating:“All tiedowns, cargo securement systems,parts and components used to secure cargomust be in proper working order whenused to perform that function with nodamaged or weakened components, suchas, but not limited to, cracks or cuts thatwill adversely affect their performance forcargo securement purposes, includingreducing the working load limit.” Thedata quality working group and the NorthAmerican Cargo Securement Harmoni -zation Public Forum agreed that accordingto the way the rule is written, a defectivetiedown (required or not) is considered tobe in violation if it is found to have a defectidentified in the OOSC tiedown defecttable. Stated in another way, if a tiedown isbeing used to secure cargo then it must bein good working order. If this tiedown isnot a required tiedown, it would not placethe vehicle in an OOS condition. TheOOS condition only applies when thereare not enough required tiedowns andthere is a violation(s) of length, aggregateWLL, or commodity specific. Moreover,the three groups agreed that minor damagethat does not rise to the level of adefect identified in the tiedown defecttable is not to be considered a violation.The vehicle committee will discuss thisissue further in San Antonio.If you would like to have a particularvehicle committee related topic includedin the next edition of the Guardian,please contact the vehicle committeechair at kerri.wirachowsky@ontario.ca.CVSA is launching a new campaignwhere existing members receive a$100.00 credit* for every new localenforcement member they recruit. The“Member-Get-A-Member” campaignbegins December 1, 2009 and runsthrough November 30, 2010, and capitalizeson what our members arealready doing, referring their respectedcolleagues to join CVSA. In addition,the new member also receives one freeregistration to either the spring workshopor Annual Conference. AllCVSA members are eligible for thepromotion.Why is this campaign needed?Growing our membership advancesour overall mission to promote commercialmotor vehicle safety and securityby providing leadership toenforcement, industry and policymakers. To do this, we need to includeLocal Enforcement at the table so thatthey can provide their valuable inputon policies that our Alliance works toaddress.What is the process for referring amember under this campaign? Thereare a few simple guidelines to theMember-Get-A-Member program.1. The new member must identify thereferring member by writing thereferring member’s first and lastname and Agency on the applicationform in either mail, fax, oronline enrollments. The referringmember’s name must be providedat the same time the check or creditcard number is received to be eligible.We cannot apply credit ifyour name isn’t mentioned, soplease be sure it is. We want you tobenefit from your efforts!2. The new Local Agency membermust not have been a CVSA membersince October 1, 2009.3. The local agency must have aMOU with the Lead Agency.* The limit for this promotion’s creditcaps out at $300. The credit that isreceived may only be applied towardsthe CVSA spring workshop or AnnualConference registration fee whichmust be used in 2010.If you have any questions, please e-mail us at cvsahq@cvsa.org. Thanksfor your help, and your continued supportof CVSA!27

First Quarter 2010www.cvsa.orgPreparing for CSA 2010: A Carrier’s Perspective on the Application ofSafety Management CyclesBy Gerald (Gerry) Krisa, R&L Carriers Inc., Vice-President of Safety;Secretary, CVSA Associate Advisory CommitteeCSA 2010 clearly raises the safety andcompliance performance expectationsof motor carriers and motor coaches.Every entity has opportunities forimprovement in its policies, protocolsand its safety and compliance results.Although, safety department leadersmay focus on the statistical aspect ofthe program’s analysis, there is anopportunity for process improvementthat may translate to improved statisticalperformance.Safety Management Cycles formThere is an opportunity for process improvementthat may translate to improved statistical performance.part of the intervention processdesigned to provide a holistic systemsview of the management processesand safety improvement practices acarrier should have in place in orderto ensure compliance with FMCSAregulations.While Safety Management Cyclesare intended to be applied as a tool inthe intervention process of CSA 2010,they may also be applied as a motorcarrier / motor coach self assessmenttool at any time. It is therefore prudentto conduct such an evaluation ofone’s policies, procedures, and internalprotocols today, in preparation forCSA 2010 commencing in the verynear future.There is a Safety ManagementCycle for each of the six BASICS andone for the Crash Indicator. Each ofthe cycles is comprised of six managementprocesses. While you proceedthrough each of the processes, assumethat you cannot advance to the nextprocess until you are compliant withthe current one you are evaluating yourorganization against. A good analogywould be the requirement to touch firstbase before heading to second, in thegame of baseball.A consolidated copy of the SafetyManagement Cycles is available forreview on the Member’s Section of theCVSA website. I have also included apdf version of an excel spreadsheetwith the identical sequence of managementprocesses that can be used as achecklist for your organization’s readinessassessment for CSA 2010. Pleasevisit www.cvsa.org.28

GuardianR E G I O N A L N E W SIVVIIIIIREGION IConnecticut, Delaware, District ofColumbia, Maine, Maryland,Massachusetts, New Hampshire, NewJersey, New York, Pennsylvania, PuertoRico, Rhode Island, US Virgin Islands,and Vermont.REGION IIAlabama, American Samoa, Arkansas,Florida, Georgia, Kentucky, Louisiana,Mississippi, North Carolina,Oklahoma, South Carolina, Tennessee,Texas, Virginia, and West Virginia.REGION IIIColorado, Illinois, Indiana, Iowa,Kansas, Michigan, Minnesota,Missouri, Nebraska,North Dakota, Northern MarianaIslands, Ohio, South Dakota, andWisconsin.INebraska State Patrol’s Post Crash InspectionCourse Trains Troopers with Real Life ScenariosA scenario of a commercial motor vehicledriver that was traveling “a little” over thespeed limit comes into a long curve nearearly morning and wrecks. The driverreports a deer ran in front of him and heswerved to the outside of the curve. Hisspeed was too high for the curve and asthe truck moved down the ditch slope itrolled the vehicle onto its side. Duringthe driver’s hours-of-service inspectionthe inspectors should notice inconsistenciesbetween the log book and fuelreceipts found in the cab. Crash re constructionistsare requesting assistance indetermining any violations of the FederalMotor Carrier Regulations with thevehicle, driver or company.This scenario and three other were partof the Nebraska State Patrol Post CrashInspection course which was presented inGrand Island, NE on October 12 through16, 2009. Troopers from Nebraska,Arkansas, Kansas, South Dakota and Iowaattended the training which presented thefour real life scenarios as part of the weeklong course. In addition to the scenariosstudents received lectures, reading, handouts,practical applications and additionalreference material. The class was sponsoredby the Nebraska State Patrol incooperation with FMCSA.The Bendix Brake Corporation,Werner Enterprises Inc., the NebraskaFMCSA Division Office and theNebraska State Patrol conducted classroominstruction in conjunction with thefour scenarios which were created withtrucks that were involved in Nebraskawrecks. In part, the classroom instructioncovered driver impairment, photography,sleep apnea, driver fatigue, paperlessrecord of duty status, brakes andbrake components.The training was to prepare officersto complete a thorough and standardizedinspection of commercial motor vehiclesinvolved in wrecks. The post crashinspection course instructed troopers tolook for possible violations involvingwither the commercial motor vehicle orthe driver to determine if there weredefects which contributed to the crash.REGION IVAlaska, Arizona, California, Guam,Hawaii, Idaho, Mexico, Montana,Nevada, New Mexico, Oregon, Utah,Washington, and Wyoming.REGION VAlberta, British Columbia, Manitoba,New Brunswick, Newfoundland andLabrador, Nova Scotia, NorthwestTerritories, Nunavut, Ontario, PrinceEdward Island, Quebec, Saskatchewan,and Yukon.29

First Quarter 2010www.cvsa.orgPost Crash Commercial Vehicle Inspections; A Dirty but Crucial andEssential Job!By Det. Gregory A. Wilcoxson, Washington State PatrolIn January 2009, a 43-year old dumptruck driver was injured after rolling atwo-axle 1996 International dump truckon a blacktop highway in WashingtonState. The dump truck, equipped with anun-baffled 1,000-gallon plastic tankassembly mounted in the dump box, wastransporting liquid deicer when the driverfailed to maintain control while travelingon a winding, steep downhill highway.The vehicle swerved left, overcorrectedback to its right and overturnedon the right side of the road. The tankwas reported to be three-quarters full atthe time of the collision. The dump boxand tank assembly separated from thetruck during the rollover. It was notknown if the dump box and/or tankassembly separation was secondary to thecrash or contributed to the driver inabilityto bring the truck back under control.Each year over 1,300 large trucks areinvolved in fatal and non-fatal crashes inWashington State. Commercial vehicleenforcement troopers and officers completehundreds of post crash vehicleinspections each year. In-depth componentand system examination and analysisof the braking, steering, engine, suspension,tires, and wheels is often recordedon a post crash inspection form. Inaddition, vehicle dimensional and configurationdata is recorded to include carrierinformation and driver(s) qualifications.Vehicle component and inspectionanalysis is an invaluable asset to a crashreconstruction and is one of three essentialelements of the human, vehicle, androadway environment model, also knownas “HVE,” which should be investigatedand analyzed in crash causation.Comprehensive post crash vehicleinspection training and procedures areessential in determining if vehicle“mechanical failure” contributed to thecrash causation and/or was a casual connectionto the crash under investigation.Recently in Washington, state trainingwas given to commercial vehicle enforcementtroopers and officers to assist themwith their skills, knowledge and mechanicalaptitude for conducting post crashcommercial vehicle inspections.Even Mike Rowe from the DiscoveryChannel’s Emmy-nominated seriesDirty Jobs might possibly agree thetraining recently completed by commercialtruck enforcement troopers and officersat the Washington State Patrol(WSP) Academy was a filthy, dirty job.Twenty-four CVSA- certified troopersand officers from ten agencies aroundWashington attended the November 16- 20, 2009 course on post crash commercialvehicle inspection training. Thecourse was presented in four 8-hour daysand was hosted by the WSP andinstructed by Investigator Dave Templeand Det. Greg Wilcoxson of the WSPMajor Accident Investigation Team(MAIT). MAIT is charged with investigatingcatastrophic crashes occurringwithin the jurisdiction of the WSP.The class objective was to make studentsaware of vehicle systems, inspectionprocedures and equipment documentationrequirements for post crash commercialvehicle inspections. The in-depthtraining was focused on industry standardsand specifications. Each studentgained a better understanding and workingknowledge of the commercial vehiclesystems, components, and awarenessincreasing their skills, knowledge andmechanical aptitude for conducting postcrash commercial vehicle inspections.Classroom lectures and hands-ontraining aids allowed Investigator Templeand Det. Wilcoxson to demonstrate andexplain the importance of collecting anddocumenting proper on-scene and followupinspection procedures. The studentswere taught how brakes transfer the ener-30

GuardianR E G I O N A L N E W Sgy of motion into heat energy, air systemcomponent identification and plumbing,service and spring brake inspection andtroubleshooting procedures, anti-lockbrake systems (ABS), and the importanceof air brake balance, timing and inspectionand documentation of tires, wheels andbrake linings. Additionally studentslearned how to preserve engine controlmodule (ECM) evidence and the importanceof report writing.On Wednesday afternoon and all dayThursday students were paired up forreal world hands-on work station trainingat Washington Truck Wreckers inShelton, WA. Dick and Ann Andrews,owners of Washington Truck Wreckers,allowed troopers and officers the opportunityto get dirty and practice theirinspection skills on wrecked trucks, tractors,and trailers. Torrential rain pummeledthe students and soaked theground for a harsh working environment.It was an outstanding real-lifeworking environment complete withmud, puddles and grease!Washington Truck Wreckers providedtwo tractors without motors, four tractorswith motors, one complete tractor andtrailer, one flatbed trailer, three steeringaxles, three rear tractor chassis’s, a severelywrecked tractor and several tires for studentsto practice on. Each student pairwas tasked to troubleshoot, repair andbring the components on-line to as closeas possible to a pre-crash status and documenttheir inspection findings. Even withgreasy hands, rained soaked gear andmuddy boots each student successfullycompleted the work stations. Arguablythe best part of the training week.The students were challenged andThe aim of any crash reconstruction is to determine“how” the collision occurred. By inspecting,measuring and documenting component informationin a systematical manner, a heavy vehiclereconstructionist will be able to evaluatea variety of mechanical parameterswhich may have contributed to crash causationencouraged to have a better workingknowledge of commercial vehicle systems,components and industry standardsand specifications. The aim of any crashreconstruction is to determine “how” thecollision occurred. By inspecting, measuringand documenting component informationin a systematical manner, a heavyvehicle reconstructionist will be able toevaluate a variety of mechanical parameterswhich may have contributed to crashcausation and/or a casual connection tothe crash under investigation.Several student course evaluationsincluded comments such as “excellentinformation, learned a lot,” “overallcourse was very good,” “outstandingtraining,” “this is the best class I havetaken since being in CVD,” and “I can’tsay thanks enough. The MAIT Trainingwas unreal. So valuable.” Instructor andcourse content received high remarksfrom the majority of the students. Theoverall course was rated as excellent.A continuing partnership and jointtraining effort on the part of the commercialvehicle enforcement troopers andofficers and heavy vehicle crash reconstructionistwill ensure commercial vehiclerelated crashes are investigated accurately,objectively and thoroughly inWashington State.An extensive post crash commercialvehicle inspection was completed on theaforementioned 1996 International dumptruck which revealed mismatched brakechambers on the steering axle, truck boxhinge welds inadequate with improperand/or insufficient weld penetration,defective hoist and plow valve assembly, adefective dump box, and no commercialvehicle driver tank endorsement.Reconstruction of the crash also determineddriver error in traveling too fast forthe winding, downhill roadway conditions.After analysis of all three essentialelements of the human, vehicle, and roadwayenvironment model, the dump boxand tank assembly separation was secondaryto the crash and crash causation attributableto speed. The driver was subsequentlydisciplined for the crash followinga thorough and accurate reconstruction.The students and instructors would liketo thank Washington Truck Wreckers,Michelin, Bridgestone, Accuride, Bendix,SGI (Saskatchewan), Tire Retread andRepair Information Bureau, Gunite, andthe Washington State Traffic SafetyCommission for their invaluable equipment,technical manuals, expertise andfinancial assistance. Without their help thisclass would not have been possible. Thestudents and instructors would also like tothank the Washington State Patrol,Washington State Department ofTransportation, Spokane County Sherriff’sOffice, Liberty Lake Police Department,Spokane Police Department, Fife PoliceDepartment, Sumner Police Department,Pierce County Sherriff’s Office, ThurstonCounty Sherriff’s Office, Kitsap CountySherriff ’s Office, and Grays HarborSherriff’s Office for supporting their troopersand officers attendance at this course.Comments and questions about this trainingcourse and/or article are appreciatedand can be directed to Det. GregWilcoxson at greg.wilcoxson@wsp.wa.govand/or by calling (360) 805-1195.31

First Quarter 2010www.cvsa.orgUtah Highway Patrol Utilizes Innovative, Educational Outreach Activities toReduce CMV AccidentsThe Utah Highway Patrol will be celebrating75 years of service to the citizensof the state of Utah and those who visitor travel through this beautiful state in2010. Utah is known as the cross roads ofthe west, where the north meets thesouth and the east meets the west.Within this organization, there are 50individuals who are specifically assignedto working with the trucking industry inhelping make the highways and roadwayssafer. Though their numbers maybe few compared to other states, thisgroup of individuals is specially trainedand educated and highly motivated.Working in partnership with the UtahDepartment of Transportation, MotorCarrier Division (separate but together)they are highly respected by the truckingindustry that they serve.The Utah Highway Patrol managementteam encourages its employees to getinvolved in making a positive difference.Prepare for the future and stay on top ofyour game or you will find yourself sittingon the sidelines of life as a spectator.Many organizations are facing difficultiesconsidering the economic times we aregoing through, but with vision and a littlecreativity the Utah Highway Patrol hasfound ways to get the job done. Nothingcan replace just rolling up your sleeves andgoing out and identifying unsafe vehiclesand drivers through road side inspections,and that is just what these troopers do!Because of the relationship that the UtahHighway Patrol has developed with theUtah Trucking Association and the truckingindustry at large, the industry welcomesa second set of eyes helping keeptheir equipment and drivers safe.Educational outreach activities havebeen one of the innovative tools the patrolis using in working with the truckingindustry to reduce accidents and to savelives. These activities allow them to interactwith a large number of companies andtheir employees in a very positive and educationalenvironment. In 2009, the patrolpresented 180 customized safety presentationsto companies for their management,drivers, and mechanics. Topics rangedfrom hours of service, load securement, towhat to expect during a road side inspection.Over 11,700 people benefited fromthe 1,450 hours of training. It is theirbelief that true learning will take placewhen education meets experience.Each year they are asked to support theindustry by providing individuals to act asjudges at the various company and statetruck driving championships. This yearthey also provided support for the CVSANorth American Inspectors Championship(NAIC) which was held in Pittsburgh.Developing an individual’s knowledgeand skills is strongly encouraged by theUtah Highway Patrol management team.Each year they provide a week of specializedtraining, known as “Top Hands,”ensuring that this group is always awareof any new changes, and that everyone isenforcing the rules and regulations correctly,and in the same manner.As a result of striving for excellence,the FMCSA and the National TrainingCenter has asked seven members of thisgroup to become associate staff membersand assist in providing training and certification,for five of their courses,throughout North America. Several ofthese individuals have also helped indeveloping the course curriculum for theNorth American Standard Part A(Driver), Part B (Equipment) and theAdvanced Level 1 courses.All of this is done while meeting orexceeding the goals set each year as partof the state’s MCSAP commercial vehiclesafety program agreement.Lt. Bruce R. Pollei, part of the UtahHighway Patrol management team andSafety Inspection Commander, also servesas President of Region IV for CVSA.Supporting CVSA and their respectiveprograms, like Roadcheck, Brake Safety,Safe Driver and Driver Appreciationweeks, are all seen as invaluable activitiesin helping reduce the number of unsafevehicles and drivers on our roadways.In late October 2009, the Patrol wascontacted and asked if they could assist theVancouver, British Columbia 2010Olympic committee by conducting CVSAlevel 1 motor coach inspections on some100 plus buses that were stationed in theSalt Lake City area, that are scheduled toarrived in Canada the first part ofFebruary 2010 for the Olympic Wintergames. Lt. Pollei stated that Utah hadbeen the recipient of this type of helpwhen it hosted the 2002 Winter Olympicsand they would do whatever it took tohelp make this happen. A special teamwas assembled, a schedule was developedwith the motor coach representatives, andthe task was completed on schedule.Bruce Wilkinson in a September 2009talk entitled, ‘Honor, Duty andProfessionalism’ said, “While in search forperfection you will find excellence” and thatis what the Utah Highway Patrol has done!32

GuardianR E G I O N A L N E W SAlberta Transportation, Forest Industry Working Together toReview Log Truck ConfigurationsOver the past year Alberta Transportationhas worked with the forest industry inAlberta to review log truck configurations.The objective of the review was todevelop a series of logging configurationsthat are safe, productive, and infrastructurefriendly. This would include trucksthat would enable industry in increaseproductivity and reduce the cost of transportinglogs from the forest to the mills,while minimizing the effects on roads andbridges, while as well addressing safetyissues for the traveling public.While all ideas were looked at, thedepartment used some guiding principlesin establishing the new rules with respectto the weight and dimensions of loggingtrucks. These included the manufacturer’srated capacity of the equipment, thedynamic safety performance of the vehicle,and how the advent of new configurationswould affect other users of thehighway.The first vehicle type looked at was a10-axle B-train consisting of a tridemdrive tractor and two tridem semi-trailers.This vehicle could attain a GVW of78,000 kg. during the summer periodand 88,000 kg. during the winter season.However, the routes are highly dependenton bridge capacity, and not all millsor areas can take advantage of this vehicle.The longer span bridges that areunder capacity are also the ones thatwould be most costly to upgrade orreplace. This vehicle may be practical forsome localized areas, but would not workprovincially.An alternate would be a 9-axle B-train which uses existing trailers with atridem drive tractor. This would providefor enough axles to achieve a GVW of79,000 kg. during the winter season.The same route limitations would apply.Existing eight-axle logging truckswere also reviewed. Currently loggingtrucks operating at winter weights have aGVW cap of 65,000 kg. due to bridgelimitations. However, for routes wherebridges do not limit the weight, it may bepossible to increase this limit. Thesevehicles were assessed for their dynamicsafety performance to ensure that thevehicles can operate safely with anincreased weight allowance.Some nine and 10-axle B-trains areoperating for several months in a fewselect areas under a pilot project. It is tooearly to make a determination on thepractically of these new configurations.Visit www.cvsa.org to download the complete agenda and register.33

First Quarter 2010www.cvsa.orgFMCSA Recognizes Colorado State Patrol withPartners In Safety AwardIn November, the Colorado State Patrol was recognized by FMCSA with a ‘Partnersin Safety Award.’ Additionally, several Colorado State Patrol members were recognizedin the award by name for their contributions to testing CSA 2010. This awardis given to employees of FMCSA or its state partners for superior achievement in thefield of traffic safety and the accomplishment of FMCSA’s traffic safety mission.This year our members were recognized for their work with CSA 2010 andspecifically their participation in the Operational Model Test for CSA 2010. Thefollowing individuals were recognized as a group by FMCSA; Alan Rice, RoccoDomenico, Randy Hurley, Rich Cadena, Dave Kucera, Keith Hoey, AnthonyDecessaro, and Mark Savage.The award reads: USDOT-FMCSA recognizes and appreciates your contributionsto the Comprehensive Safety Analysis 2010 Operational Model Test. The efforts ofyour organization have established a foundation for a more efficient and effectivenational approach to reducing commercial motor vehicle crashes.Michigan Joins Prepass SystemBy Capt. Robert Powers, Michigan State PoliceThe first PrePass commercial vehicleelectronic pre-screening site inMichigan became operational onNovember 19, 2009. The site is locatedat the eastbound I-94 New Buffaloweigh station near the Indiana border.Truck volume at this site averagesapproximately 500 trucks per hour.A second PrePass site is under constructionat the northbound I-75Monroe weigh station near the Ohioborder. The Monroe site is expected tocome on line by mid-December. Truckvolume at Monroe averages approximately700 trucks per hour.Both sites routinely experience significant back-ups on the weigh station ramps.These back-ups have presented a safety concern and have contributed to numerouscrashes over the years and at least one fatality. Michigan officials are hoping thatPrePass will help to reduce the back-ups in addition to improving enforcement effectivenessand industry efficiency.Michigan is the 29th state to deploy the PrePass system.34

GuardianR E G I O N A L N E W SREGIONAL RAPCAPT. ALAN TURNER RETIRES FROM COLORADOSTATE PATROL AFTER 32 YEARS OF SERVICEOn December 1, 2009, Capt. Alan Turner retired from theColorado State Patrol. Capt. Allan Turner had 32 years ofstate service, 29 years with the Colorado State Patrol andthree years with Homeland Security. Capt. Turner wasinstrumental in the development of the Hazardous MaterialSection within the Colorado State Patrol and responsible forultimately placing twelve two man Haz Mat teams throughoutthe state. Throughout his tenure in the HazardousMaterial Section Allan played a key role in facilitating theWIPP shipments through Colorado and establishing the initialhazardous material routes. Allan has also worked closelywith the trucking industry on the transportation of hazardousmaterials as well as participating on numerous safety committees.For those of you that know Alan, you will also knowhe has been attending CVSA for many years and has beenactive in the Alliance since very near its inception. We allwish Captain Turner the best in his retirement!CANADIAN EDUCATION QUALITY ASSURANCETEAM UPDATES TRAINING MANUALSThis year’s Canadian Education Quality Assurance Teammeetings were hosted by Nova Scotia from October 18 toOct 22, 2009. The meetings in Halifax NS were to updatetraining manuals and plan for the coming year.Seated: Reg Wightman MB, Julius Debuschewitz YK, Don Evans NS, MarkSchaurerte Transport Canada, Standing: Joel Turner NS, Steve Noonan PE,Dorothy Doyle NL, Pierre Pratt QC, John Lunny NB, Wes Roth AB, KerriWirachowsky ON, Ryan Obleman SKMASTER TROOPER ROBERT POWELL RECEIVES LIFETIME ACHIEVEMENT IN TRANSPORTATION SAFETY AWARDMaster Trooper Robert C. Powell of the Virginia Department of StatePolice Motor Carrier and Hazardous Material Compliance Division wasrecently honored by Drive Safe Hampton Roads with the John T. HannaAward for Lifetime Achievement in Transportation Safety. Master PoliceOfficer Dean Godwin of the Virginia Beach Police Department presentedMaster Trooper Powell with the award on December 1, 2009 at the annualJohn T. Hanna awards ceremony for Traffic Safety Excellence. MasterTrooper Powell has over 30 years of experience as a trooper with 28 as a certifiedNorth American Standard roadside inspector. He is an associate staffinstructor for FMCSA in General Hazardous Materials, Cargo TankInspections, and Other Bulk Packaging. Master Trooper Powell was instrumentalin the establishment of Motor Carrier Units in most of theHampton Roads Cities. He is currently the chairperson of the NorthAmerican Inspectors Championship and is currently assigned to Area 65Motor Carrier Safety Unit, Suffolk, VA.35

First Quarter 2010www.cvsa.orgINDUSTRY SPOTLIGHTRSC Equipment Rental Delivers Safety FirstPerforming job functions in a mannerthat is safe for all employees, customersand the general public, RSC EquipmentRental supports the consistent achievementof outstanding financial and operationalresults by putting safety first.“RSC Equipment Rental is alwayslooking at new initiatives that rival ourcompetitors and exceed our customer’sexpectations,” said RSC’s Director ofSafety, Ken Collona. “Safety is our numberone priority at RSC EquipmentRental and makes up a large part of whatwe do each and everyday.”To show their commitment to safetyRSC provides a number of services tounderscore how safety affects every levelof their organization. The companydeveloped a safety training video thatfeatures a guided tour of an RSC branchand a guideline of RSC safety proceduresin an interactive scenario. ‘Road toSafety’ is an interactive DVD that allowsemployees to spot hazards that couldarise in any RSC facility. These DVDsare provided to new and current employeesto guide them on a ‘road to safety’ ajourney that continues throughout theiremployment. The training is re-taken onan annual basis.“As employees make their way fromone area to the next ... we hope they’ll beable to identify activities or conditionsthat could be hazardous to them, theirfellow employees and customers,” saidColonna. “Our initiatives focus on oursafety procedures. To achieve this goal,we launched a Delivering Safety Firstcampaign in 2006 to provide trainingand specially designed programs toimprove our Occupational Safety andHealth Administration (OSHA) incidentrating and elevate our safety procedures.”Delivering Safety First — CustomerNewsletter — Delivering Safety First,RSC Equipment Rental’s new customernewsletter covers a broad range of newswith a focus on the safety programs andinitiatives that make RSC different andbetter than the competition. A bimonthlyelectronic publication,Delivering Safety First is designed tokeep customers up-to-date on the rentalservice industry and how RSC deliversthe equipment they need.Preventive Maintenance Program —The goal of the Preventive Maintenance(PM) program is to ensure units are currentwith manufacturer recommendedscheduled PM steps which allows bothemployees and customers to work withequipment that is in good conditionreducing possible accidents.Safety Starts At The Top is a year-longinitiative by the company’s CEO andsenior management team. The initiativeincludes a Regional Teams Lead SafetyProgram with weekly conference callswith team members that highlight accidentsor incidents and discuss safetymetrics to identify problem areas.RSC focused on getting employeebuy-in to create a safety culture byemphasizing safety in everything theydo. A safety campaign was developedthat established a safety communicationsboard; Safety 1st” brand for all communications(hats, jackets, posters, hardhats,etc.); Enforce safety requirement checksheets; Establish And Track MonthlySafety Metrics; and, Identify and understandtrends that affect your everydayworkplace by conducting Baseline AndProcess, Track Audits which are criticalto complying with established laws andregulations; in addition to Identifingpotential deficiencies and track comple-36

GuardianA S S O C I A T E M E M B E R N E W Stion of corrective actions; Identify healthclinics — critical to managing recordableinjuries“RSC is committed to meeting customerneeds safely and to customerhighest satisfaction,” added Collona.“RSC takes safety very seriously, andallocates resources to continuousimprovement of safety performance. Keyto our high performance is the formalizedsafety process and managementaccountability. Every gathering and presentationstarts with a safety element, tokeep awareness on top.”With 4,300 employees, RSCEquipment Rental has 464 companyownedand operated locations in the U.S.in 40 states and three Canadianprovinces and prides itself on qualityequipment that is dependable and wellmaintained.RSC Safety Facts• Experience Modification Factor(EMR) - 0.86• DOT Inspection Selection Score(ISS) - 29 with 2,000 power units• All employees undergo backgroundsecurity checks and drug screening• MSHA approved Training Plan• Occupational Safety and HealthAdministration (OSHA) incidentrate decreased 33% in 2008 over2007.• There was also a 38% decrease ininjuries and illnesses resulting in daysaway from work.• As of August 2009, RSC’s OSHArate was 2.3, an improvement sincetheir 5.8 rating in 2006.• Since 2005 each employee receivesover 40 hours of dedicated safetytraining per year.DOT Safety Compliance Turnaround— August 2005• Tackled 34 DOT audit recommendations• Embarked on a journey to alter theway we monitor our safety standards• Within 1 year RSC was granted a“Satisfactory Rating” - DOT’s highestratingHow We Did It• Partnered with new drug and alcoholtesting vendors• Developed programs on driver safety• Created safety bulletins for equipment• Provided safety training videos on avariety of equipment• “Delivering Safety First” customernewsletter• Truck-related safety training• Employee incentives for maintainingsafety record• Presidential award for “0” incidentsTransportation Safety• Best Department of Transportationscores in the rental industry. DOTSafeStat and Inspection SelectionScores, (includes Crash History,Driver Safety Evaluation Areas,Vehicle Safety Evaluation Areas andSafety Management Experience):Scale is 0 to 100 where 0 = Best.• RSC Inspection Selection Score: 31(Driver Score: 32.27; Vehicle Score:48.84)• 3 largest Rental CompetitorsInspection Selection Score: 40 avg.• Transportation Worker IdentificationCredential (TWIC). RSC enrollmentis actively ongoing to enhanceour business opportunities with multipleindustries to better serve ourcustomers. TWIC was establishedby Congress through the MaritimeTransportation Security Act(MTSA) and is administered by theTransportation SecurityAdministration (TSA) and the U.S.Coast Guard. MTSA requires use oftamper-resistant biometric credentialsfor individuals who requireunescorted access to secure areas ofmaritime facilities and vessels. It isanticipated that more than one millionworkers will be impacted bythese regulations.Presidents Safety Award• RSC presents the annual PresidentsAward for Safety to top performingbranches that have achieved zerorecordable accidents during a calendaryear. In 2008, 226 of the 460locations were incident-free with norecordable accidents.37

First Quarter 2010www.cvsa.orgCITA Appoints New ChairInternational Trade Association Elects new ChairmanTom Springer, newly appointed CEO ofChicago based Applus Technologies,Inc. was elected Chairperson of theInternational Motor Vehicle InspectionCommittee’s (CITA) North AmericanRegional Advisory Group. CITA is anon-profit association, founded in 1958,and based in Brussels Belgium, dedicatedto the promotion of technically proficientmotor vehicle inspections andhighway safety issues. The election, heldduring CITA’s biennial internationalconference in Gothenburg Sweden, onTuesday October 13, 2009, elected Mr.Springer by secret ballot from a field oftwo candidates. CITA’s North AmericanGroup has members in the US andCanada.“I am honored by this vote of confidencemy election as Chairperson represents.I look forward to advancing thecause of highway safety issues inWashington DC and in Ottawa.Working together with the other membersof the CITA Group I know we canmake America’s roadways safer and moreefficient, for our business and our families.Sound vehicle safety and responsiblehighway regulations are non-partisangoals that benefit all citizens,” saidSpringer.CITA represents all types of organizationsand stakeholders (government, privatesector, dedicated inspection centers,garage-based test centers, and test equipmentmanufacturers) who share a commoninterest in exchanging information,developing best practices and draft internationalstandards in the field of roadvehicle inspection. Mr. Springer holds aMasters Degree in Telecommunicationsfrom John’s Hopkins University and duelBachelors degrees in Computer Scienceand Business Administration from NorthCarolina Wesleyan College. He is anadjunct Professor at Johns Hopkins. Mr.Springer is a veteran of the United StatesAir Force.Tennessee Trucking Association’s Road TeamSelects Professional Driver from CovenantCovenant Transport, Chattanooga, TN is pleased to announce that, ProfessionalDriver Francis Bradley has been selected as a Captain for the Tennessee TruckingAssociation’s Road Team. Francis was one of nine candidates vying for one of six openpositions. The Road Team is ambassadors of the Trucking Industry and it is an honorto be selected to this elite group of Professional Men and Women. Francis will servean 18 month term, and will be representing Covenant Transport and the Truckingindustry at speaking functions and public engagements around the state of Tennessee.Covenant Transportation Group, Inc. is the holding company for several transportationproviders that offer premium transportation services for customers throughoutthe U.S. The consolidated group includes operations from Covenant Transport andCovenant Transport Solutions of Chattanooga, TN; Southern Refrigerated Transportof Texarkana, AR; and Star Transportation of Nashville, TN.38

GuardianR A D I N S P E C T I O N N E W SLevel VI ClassesScheduled for 2010Under a cooperative agreement withthe U.S. DOE, CVSA has scheduled theLevel VI Classes for 2010 to certifyinspectors to conduct Level VI inspectionson all transuranic waste andHighway Route Controlled Quantities(HRCQ) of radioactive materials. CVSAprovides Level VI training to inspectorswho meet the prerequisite of being LevelI and HAZMAT certified. The followingare the classes scheduled for 2010:■ Blythewood, SC–January 25-28■ Phoenix, AZ–Level VI Train the Trainer Course–February 22-26■ Reno, NV–March 22-25■ Springfield, IL–June (Week TBA)■ Sacramento, CA–September 27-30■ Vaughn, NM–October 18-22■ Austin, TX–November 8-11Any state interested in hosting a classor needs inspectors trained is askedto contact Larry D. Stern, DirectorLevel VI Program, at larrys@cvsa.orgor 304-292-1601.RAD Inspection News is madepossible under a CooperativeAgreement with the U.S.Department of Energy.WIPP Receives First RHShipment from VallecitosNuclear CenterThe first shipment of remote-handled transuranic (RH-TRU) from GE HitachiNuclear Energy’s Vallecitos Nuclear Center (VNC) safely arrived at WIPP early in themorning on September 18. About 30-40 shipments of RH-TRU waste will be madeto WIPP from VNC, which is located near Sunol, CA.Shipments were completed in mid-November. As of mid-September, 79 containerswere packaged. Waste packaging continued through October.Since April, the VNC characterization and removal processes have been fundedthrough the American Recovery and Reinvestment Act (ARRA). The Carlsbad FieldOffice (CBFO) and WIPP have received $172 million in ARRA funds to supportcleanup activities.“ARRA has enabled DOE to significantly accelerate the process of cleaning upsmall-quantity TRU waste sites across the country, such as VNC,” said CBFORecovery Act Federal Project Director Casey Gadbury. “Our goal is to continue reducingthe nation’s nuclear waste footprint until the legacy represented by the waste generatedby the production of nuclear weapons is complete.”VNC is a privately-owned commercial energy research facility located approximately40 miles east of San Francisco and about seven miles southwest of Livermore, CA.How did the DOE get involved? The TRU waste was generated from research performedby GE for DOE in the 1960s through the 1980s. In 2007, DOE agreed toclean up a hot cell containing defense-related TRU waste.“This project is a perfect example of the Recovery Act’s intent,” Gadbury said.“The Recovery Act’s goal is to boost the economy, and in this instance, our cleanupwill allow a private business to use this hot cell to return it back to its own originalcommercial interests. I want to congratulate everyone for, once again, handling thepackaging, characterization, shipping and disposal processes safely, compliantly andefficiently.”VNC is the sixth site to ship RH-TRU waste to WIPP, following the IdahoNational Laboratory, Argonne National Laboratory, Oak Ridge NationalLaboratory, the Savannah River Site and Los Alamos National Laboratory. As oflate September 278 remote-handled TRU waste shipping containers have beenreceived at WIPP.39

First Quarter 2010www.cvsa.orgRAM Subcommittee Takes On Issue ofMisaligned/Bent Tiedowns forTRUPACT/HalfPACTThe RAM Subcommittee, at the meetingin Baltimore, September 20, took upthe issue that the North AmericanStandard Level VI Out-of-ServiceCriteria (OOSC) currently does notadequately address misaligned/benttiedowns on the TRUPACT shippingcasks. This has been an ongoing problemand inspectors in the field do nothave proper guidance to assist them indetermining if the tiedown is in compliance.The RAM Subcommittee workingwith the Department of Energy(DOE) at WIPP wanted to developsome defining criteria that can be addedto the Level VI Inspection Items andOOSC that give officers some concreteguidance on this issue.The following Inspection Bulletinwas developed by a work group appointedby Carlisle Smith, Chairman of theRAM Subcommittee:SummaryThis Inspection Bulletin will be addedto the April 1, 2010 Level VI OOSC toprovide guidance for inspecting tiedownsassemblies for the TRUPACT-II/HalfPACT on the U.S. DOE shipment.Table 1: WIPP TIEDOWN Test BasisTRUPACT Design and Assume maximum loaded unit @ 20,000 lbs. Actual limits19,250 lbs. TRUPACT (HalfPACT 18,100 lbs.).Required perDOT 393.102 Load Magnitude Test Pull Safety Margin0 8g deceleration forward 16,000 lbs. >20,313 lbs. >0.600.5g deceleration rearward 10,000 lbs. >20,313 lbs. >0.960.5g deceleration lateral 10,000 lbs. >20,313 lbs. >0.960.2g vertical load 4,000 lbs. >20,313 lbs. +19• The tiedowns bolts are nominallyparallel;• The bolts exhibit approximately thesame amount of thread when properlyseated on the tie down lugs; and,• The tiedown passes the Go/No Gogauge test.Although bent and/or misaligned, thetiedowns are not damaged to the point ofaffecting their performance for cargosecurement purposes as long as the abovethree criteria are met.The DOE conducted the WIPP TRU-PACT Tiedown Design and Test. (Testparameters can be found in Table 1.)The test results and conclusions are:• 10 tiedowns selected at random fromtiedowns removed from service;• All tiedowns met original test pullloads; and,• Bent tiedowns still meet and exceedDOT requirements.BackgroundThe Level VI OOSC does not addressbent and/or misaligned tiedowns used onthe TRUPACT and HalfPACT shippingcontainers. Exten sive testing wasperformed by the DOE on the tiedownsassemblies (testing results in this article).GuidanceDue to safety factors used in design ofthe tiedowns, bent tiedowns still performtheir intended function and still exceedthe requirements of CFR 49 part393.102 provided that:40

GuardianR A D I N S P E C T I O N N E W SWIPP Receives 8,000thTRU Waste ShipmentThe DOE Engineering Comments are:• Tiedowns bolts should be nominallyparallel with bolts exhibitingapproximately the same amount ofthread when properly seated on theTRUPACT-II/HalfPACTTiedowns lugs;• If gaps on tiedowns are withinspecified range (0.070 to 0.100in), tiedowns are acceptable for use(It is very important that the trailerbe level or the GO/NO GOgauge test results could be misleading,as the trailers are designedto flex);• Due to safety factors used in designof tiedowns, bent tiedowns still performtheir intended function andmeet DOE requirements forstrength; and,• Therefore, DOE recommends nofurther guidance be provided.WIPP received its 8,000th shipment ofdefense-related transuranic (TRU) waste.The milestone shipment from Los AlamosNational Laboratory will be safely and permanentlydisposed in WIPP’s undergroundrepository.Another milestone shipment arrived atWIPP just hours after the 8,000th. The300th shipment of remote-handledtransuranic (RH-TRU) waste arrived atWIPP in the early morning hours ofThursday, November 5. This shipmentoriginated from Vallecitos Nuclear Centerin California. The dual accomplishmentshighlight the accelerated national cleanupefforts made possible through AmericanRecovery and Reinvestment Act funds.Most of WIPP’s 8,000 shipments werecontact-handled TRU waste, which doesnot require shielding to safely handle,transport and emplace. The 300 canistersof RH-TRU waste have been shipped inshielded casks and emplaced within thewalls of the underground repository due totheir higher radiation dose rates.Every WIPP shipment of TRU wastemeets all U.S. DOT requirements andWIPP’s drivers must pass stringent trainingrequirements. Shipment protocols weredeveloped through cooperative effortswith states, tribal governments and the U.S. DOE. Shipments are also monitored viasatellite at all times. To date, WIPP drivershave logged more than nine million mileswith a serious injury or release of radioactivematerial.WIPP celebrated 10 years of safeoperations this year and the completionof TRU waste cleanup at 15 generatorsites in 12 states. The first shipment toWIPP in 1999 was also from also from LosAlamos National Laboratory in northernNew Mexico.41

First Quarter 2010www.cvsa.orgNew State Requirements for Level VI InstructorCertification, Inspector Training andCertificationState recertification instructors mustattend the Level VI Train the TrainerCourse every two years in order toinstruct the Level VI recertificationtraining to the already Level VI certifiedofficers in their state so they can maintaintheir certification.CVSA will be conducting the LevelVI Train the Trainer Course at theHilton Phoenix East/Mesa, 1011 WestHolmes Avenue, Mesa, AZ 85210 onFebruary 24 and 25, 2010.CVSA Operational Policy 6-InstructorCertification Criteria states that for recertificationof Level VI Inspection forTransuranic Waste and HRCQ ofRadioactive Material Inspection:• In order to instruct the recertificationcourse for the Level VIInspection, the instructor shall meetthe minimum criteria listed below:Prerequisite:• Successfully complete the currentapproved Level VI Inspectioncourse;• Maintain certification as a Level Iand Hazardous/Transportation ofDangerous Goods Inspector fortwo years immediately prior toapplying as a Level VIRecertification Instructor; and,• Successfully complete anInstructor Development courseapproved by the applicant’s memberjurisdiction.Certification:• Successfully complete theapproved Level VI InstructorTrain the Trainer course as determinedby the CVSA Level VIProgram Director.Maintenance:• Maintain certifications as a Level I,Hazardous Materials/Transportationof Dangerous Goods, and Level VIInspector at all times;• Attend the approved Level VITrain the Trainer Course everytwo years.To maintain Level VI InspectorCertification inspectors must completeeight hours of Level VI refresher trainingwithin a 24-month period.CVSA Operational Policy 4-Inspector Training & Certification statesthe following:• Successfully complete the Level VIrecertification course (eight-hourminimum) within a 24-month periodof passing the inspector’s initial LevelVI Course, or, the inspector’s lastLevel VI recertification training asapplicable (For example: a Level VIcertified inspector completes an eighthour recertification course in March2009 and therefore must completeanother eight hour recertificationcourse by no later than the end ofMarch 2011 and so on);• Member jurisdictions may elect tobreak the training into shorter segmentsand present the required recertificationtraining on a more frequentbasis; however, the content of thetraining must cover specific contentidentified by the Director of theLevel Inspection Program. Memberjurisdictions may add training elementsdeemed necessary and appropriateto address their needs; and,• All Level VI inspection recertificationtraining must be conducted by a currentCVSA National Level VI Instructor oran instructor that has attended a CVSALevel VI Train the Trainer Coursewithin two years prior to conductingrequired training. Training recordsidentifying the location of the training,attendees and the date of training mustbe forwarded to the Director of theLevel VI Inspection Program immediatelyupon completion of requiredrecertification training.42

GuardianR A D I N S P E C T I O N N E W SIssuance of RevisedDOE Motor CarrierEvaluation ProgramPlan and ProceduresDOE Receives Guidance on Hazardous Materials-Automated Cargo Communication for Efficient andSafe Shipments Initiative (HM-ACCESS)On October 13-14, 2009, the DOE’s Office of Packaging and Transportation staffparticipated in the public meeting held by DOT to receive input and guidance for theupcoming Proof-of-Concept Study on the use of electronic data sharing in lieu of thecurrent paper hazardous material shipping document. The purpose of this initiativeis to identify and eliminate barriers to the use of paperless tracking and hazard communicationstechnologies, thereby (1) improving the availability and accuracy of hazardinformation; (2) improving the speed by which information is available to emergencyresponders when incidents occur; (3) and, allowing U.S. companies to competemore effectively in the global economy by using the best tools available. PHMSA’sOffice of Hazardous Materials Safety is collaborating with modal administrations,industry representations and emergency response organizations to evaluate the feasibilityand potential benefits in allowing the use of electronic shipping papers in lieuof paper documents. For more information, please visit the following web site:http://hazmat.dot.gov/HM-ACCESS/index.html.DOE’s Office of Packaging andTransportation (EM-45) has issued therevised DOE “Motor Carrier EvaluationProgram Plan and Procedures” (MCEP) to theDOE federal and contractor transportationcommunity. We also provided this documentto each MCEP-qualified motor carrier on theDOE list of those transporting certain typesof hazardous materials. All previous five documentsthat described MCEP methodology,plans, and procedures are consolidated andupdated in one single new program documentwhich describes the requirements,RAM Subcommittee Honors Three IndividualsCarlisle Smith, Chairman of the RAM Subcommittee, presented CVSA’sAppreciation Award to Allan Turner, Colorado State Patrol, Richard Swedberg,FMCSA, and William (Bill) Mackie, U.S. DOE for their “Outstanding Contributionsand Dedication to the CVSA Level VI Program” at the subcommittee’s meeting inBaltimore, on September 20.Turner served as the first RAM Subcommittee Chairman for 11 years. Swedbergwas one of the first Level VI Instructors and was called to active military duty after9/11. Mackie has been very instrumental in his support of the Level VI Program forthe DOE’s WIPP shipments.roles, responsibilities, and processes that willassure the motor carrier is evaluated for safety,financial status, security, and compliancewith applicable regulations and DOE policiesand practices. The MCEP mission is to providemetrics on the quality and capability ofmotor carriers, drivers, and vehicles offeredfor transporting certain types of DOE-ownedradioactive materials and hazardous waste.This program provides standardized evaluationmethodology, processes, and procedures.It establishes evaluation criteria forcommercial motor carriers either having contactsand agreements or plan to transportcertain radioactive materials and hazardouswaste. If you need additional information,please contact office of Packaging andTransportation. The program plan is alsoavailable on the EM public web site:http://www.em.doe.gov/pdfs/MCEPManagementPlan_9-30-2009.pdfVisit CVSA’s Level VI Website for the LatestProgram Information and Online BlogFor the most up-to-date information on the CVSA’s Level VI Inspection Program,the minutes of the RAM Subcommittee Baltimore meeting, to ask question concerningthe Level VI Inspection Program on the Level VI Online Forum (blog), theLevel VI training schedule, public outreach schedule, and other program informationvisit www.cvsa.org click on the Level VI radiation symbol, and you are in theLevel VI website.43

CVSA Executive Committee andCommittee ChairsPRESIDENTFrancis (Buzzy) FranceMaryland State PoliceVICE PRESIDENTCapt. Steve DowlingCalifornia Highway PatrolSECRETARY/TREASURERMaj. David PalmerTexas Department of Public SafetyREGION PRESIDENTSRegion ISgt. David MedeirosRhode Island State PoliceRegion IICapt. Bruce BuggGeorgia Department of Public SafetyRegion IIICapt. Mark SavageColorado State PatrolRegion IVLt. Bruce PolleiUtah Highway PatrolRegion VSteve CallahanAlberta Transportation, Commercial VehicleEnforcementLOCAL PRESIDENTTom JacquesPittsburgh Police DepartmentREGION VICE PRESIDENTS (Non-Voting)Region ILt. Thomas KellyMaine State PoliceRegion IICapt. Craig MedcalfOklahoma Highway PatrolRegion IIIAlan MartinPublic Utilities Commission of OhioRegion IVCapt. Chris MayrantNew Mexico Department of Public SafetyRegion VReg WightmanManitoba Infrastructure and TransportationLOCAL VICE PRESIDENTVacantPAST PRESIDENTSDarren E. Christle, Manitoba Infrastructureand TransportationCapt. John E. Harrison, Georgia Departmentof Public SafetyLt. Donald Bridge, Jr., ConnecticutDepartment of Motor VehiclesGOVERNMENT NON-VOTING MEMBERSWilliam (Bill) Quade, Federal Motor CarrierSafety Administration (FMCSA)William (Bill) Arrington, TransportationSecurity Administration (TSA)Peter Hurst, Canadian Council of Motor Trans portAdministrators (CCMTA), CRA ChairFrancisco Quintero, Secretaria deComunicaciones y Transportes (SCT)Crispin Aguilar, Secretarìa de Seguridad Publica,Policìa Federal PreventivaASSOCIATE NON-VOTING MEMBERLarry Woolum, Chair Associate AdvisoryCommittee, Ohio Trucking AssociationCOMMITTEE CHAIRSAssociate Advisory CommitteeLarry WoolumOhio Trucking AssociationDriver-Traffic Enforcement CommitteeCapt. Gerry KrolikowskiNebraska State PatrolHazardous Materials CommitteeCapt. Bruce BuggGeorgia Department of Public SafetyInformation Systems CommitteeCapt. William ( Jake) ElovirtaVermont Department of Motor VehiclesIntelligent Transportation SystemsCommitteeCpl. Rick KoontzPennsylvania State PoliceNorth American InspectorsChampionship CommitteeM/Tpr. R.C. PowellVirginia State PolicePassenger Carrier CommitteeTimothy DavisMassachusetts Department of Public UtilitiesProgram Initiatives CommitteeSgt. William (Don) RhodesSouth Carolina State Transport PoliceSize and Weight CommitteeCapt. Gary AlbusTexas Department of Public SafetyTraining CommitteeSgt. Raymond WeissNew York State PoliceVehicle CommitteeKerri WirachowskyOntario Ministry of Transportation44

2009 CVSA SPONSORSDIAMONDAmerican Trucking AssociationsBENEFACTORFedEx CorporationManitoba Public InsuranceRandall Publishing / CCJRSC Equipment RentalU-Haul InternationalPLATINUMA&R Transport, Inc.ExxonMobil Chemical Co.Great West Casualty CompanyJ.J. Keller & Associates, Inc.May Trucking CompanyGOLDNestle HAS Private FleetOwner-Operator Independent Drivers Association (OOIDA)Specialized Carriers & Rigging AssociationTyson Foods, Inc.ABF Freight System, Inc.Ace Doran Hauling & Rigging Co.AMBEST, Inc.Austin Powder CompanyCambridge Systematics, Inc.Coach USAContinental CorporationCovenant Transport, Inc.Daecher Consulting Group, Inc.Greyhound Lines, Inc.Groendyke Transport, Inc.HELP, Inc.Intermodal Association of North AmericaInternational Road Dynamics, Inc. (IRD)James Burg Trucking CompanyLandstar Carrier ServicesMercer Transportation CompanyMoore Freight ServiceOhio Trucking AssociationOilfield ServicesPrevostSchlumberger Technology CorporationSYSCO CorporationTML Information Services, Inc.Transport Service Co.Bear Dog EnterprisesBoychuk Ventures, Inc.Boyle TransportationBrown Line, LLCAADT – America Alliance Drug TestingContainer Port Group, Inc.Herman R. Ewell, Inc.Midwest Specialized Transportation, Inc.SILVERCompliance Safety Systems, LLCDiSilva CompaniesGreatwide Truckload ManagementGreyhound CanadaTransportation CorporationLynden, Inc.BRONZEMid-West Truckers AssociationMotor Transport Associationof Connecticut, Inc.Transport & Distribution M.T.L. Inc.New Jersey Motor Truck AssociationOld Dominion Freight Line, Inc.Universal Truckload Services, Inc.Vehicle Inspection Systems, Inc.United Global Logistics, Inc.Wal-MartWarren Transport, Inc.YRC Worldwide, Inc

CALENDAR OF EVENTS2010 COHMED CONFERENCEJanuary 24-28, 2010San Antonio, TXWINTER EXECUTIVE COMMITTEE MEETINGJanuary 27, 2010San Antonio, TX2010 CVSA WORKSHOPApril 19-21, 2010San Antonio, TX5TH ANNUAL FMCSA MCSAPLEADERSHIP CONFERENCEApril 22, 2010San Antonio, TXNORTH AMERICAN CARGO SECUREMENTHARMONIZATION PUBLIC FORUMApril 22, 2010San Antonio, TXROADCHECK 2010June 8-10, 2010NAIC 2010August 2-8, 2010Columbus, OHSUMMER EXECUTIVE COMMITTEE MEETINGAugust 3, 2010Columbus, OHBRAKE SAFETY WEEK 2010September 12-18, 20102010 CALIFORNIA HIGHWAY PATROLCOMMERCIAL VEHICLE SAFETY SUMMITSeptember 19, 2010Anaheim, CA2010 CVSA ANNUAL CONFERENCESeptember 20-23, 2010Anaheim, CAOPERATION SAFE DRIVER 2010October 17-23, 2010