December, 2016
December, 2016
Crash victims and consumer groups ask for help of “Lame Duck” DOT Secretary Anthony Foxx.
It may be too late, but it is nice to see the organization of grieving families raising their voices for safety to protect all of us from future harm.
Let’s help them.
Lou Lombardo
The following (and attached) letter was sent to Secretary Foxx today expressing urgent concern about the “tired trucker” anomaly, which would remove two safety safeguards in the Obama Administration hours of service (HOS) rule, being attached to the government spending bill next week.
Thank you, Cathy
December 2, 2016
The Honorable Anthony Foxx
Secretary, U.S. Department of Transportation
1200 New Jersey Ave., SE
Washington, D.C. 20590
Dear Secretary Foxx:
As representatives of the nation’s leading consumer, public health, law enforcement and safety organizations, as well as grieving families whose loved ones were needlessly killed in truck crashes, we are writing to urge you to protect the Obama Administration truck driver hours of service (HOS) rule. Two critically important safety provisions in the Obama rule are under attack in Congress, and without your leadership and strong opposition, they will be attached to and enacted as part of the government funding bill.
Just recently the U.S. Department of Transportation (DOT) launched the “Road to Zero” campaign with the goal of ending fatalities on the nation’s roads within the next thirty years. Your statement on the urgent need for every stakeholder including government to commit to “setting the bar for safety to the highest possible standard” resonated deeply with us. Now is the time for the Obama Administration to draw a line in the sand and oppose any provisions in the lame duck session that lower the safety bar by repealing and revising truck safety laws and regulations.
Your commitment to bringing down highway deaths and injuries comes at a critical time. As you are aware, truck crash deaths and injuries are increasing dramatically. In 2015, 4,067 people died in crashes involving large trucks, the highest number in seven years and a 20 percent increase from 2009. Additionally, the Federal Motor Carrier Safety Administration (FMCSA) recently released preliminary figures revealing that 116,000 people were injured in large truck crashes. This represents a 57 percent increase since 2009. Moreover, the economic cost of truck crashes topped $100 billion in 2013, according to the. No other industry involved in the movement of freight has such an abysmal safety record. In 2014, according to data from the U.S. DOT, the combined death toll attributed to commercial aviation, rail freight, pipelines and commercial vessels was less than 600 fatalities.
A major cause of truck crashes is driver fatigue. According to the National Transportation Safety Board (NTSB), fatigue can be as deadly as alcohol and drug impairment. Just a few weeks ago the NTSB included reducing fatigue on their 2017-2018 Most Wanted List of transportation safety improvements. Working and driving hours for truck drivers are already grueling and often more than double the average American work week of 40 hours. Even in light of this alarming evidence, provisions in the pending Transportation, Housing and Urban Development (THUD) bills (H.R. 2577/H.R. 5394) attack and weaken critical protections against fatigued truck driving.
The Senate and House THUD bills contain separate provisions (Sections 131 and132 respectively) that will gut key safety features of the Obama Administration’s hours of service (HOS) rule. Specifically, the THUD bill seeks to undo a change to the HOS rule adopted by the DOT in 2011. Prior to making this change, a truck driver who has exhausted his/her maximum driving and working hours in 7 days, had to take just 34 hours off to allow for rest and recovery before beginning to drive again. Because the so-called “34-hour restart” was significantly less than a full weekend, the 2011 HOS rule issued by the Obama Administration, included a requirement that the 34-hour off duty period cover two consecutive “nights off,” between the hours of 1:00 a.m. and 5:00 a.m. This modification was made in order to ensure two nights of quality rest that is compatible with human biorhythms. Also, the 2011 HOS rule limited drivers to using the 34-hour restart to just once per week. Removing these important safety protections on behalf of trucking interests is dangerous and deadly to the safety of all motorists including truck drivers.
The HOS rule was changed by the DOT after extensive review and thorough consideration of 21,000 formal docket comments submitted by the public, truck drivers, motor carriers, law enforcement, safety advocates, medical experts, and trucking industry associations; 6 public listening sessions; review and consideration of 80 sources of scientific research and data; a Regulatory Impact Analysis of nearly 50 scientific sources; 10 years of rulemaking; and, 3 lawsuits.
Further, Section 134 of the House THUD bill would preempt state laws affording needed meal and rest breaks beyond the federally required 30-minute rest break, for truck drivers operating within their states. This provision is a threat to the health, safety and protection of workers. It is aimed at eliminating some of the critical job and labor protections which insure a safe transportation system.
When sound science stands in the way of business profits, special trucking interests run to Congress to advance their economic agenda and bypass public scrutiny and government review. These efforts are especially egregious and unconscionable given the current mortality and morbidity toll on our roadways. If these provisions were stand-alone bills, subject to oversight by the Congressional Committees of jurisdiction, they would never move forward.
The American public depends on your leadership and commitment to safety to stop these provisions from becoming law. The “Road to Zero” starts here.
Sincerely,
Jackie Gillan, President
Advocates for Highway and Auto Safety
Dominick Stokes, Vice President for Legislative Affairs
Federal Law Enforcement Office Association
Steve Owings, Co-Founder
Road Safe America
Andrew McGuire, Executive Director
Trauma Foundation
John Lannen, Executive Director
Truck Safety Coalition
Sally Greenberg, Executive Director
National Consumers League
Gary Smith, President
Child Injury Prevention Alliance
Laura MacCleery, Vice President
Consumer Policy and Mobilization Consumers Union
Wanda Lindsay, Founder
The John Lindsay Foundation
Joan Claybrook, Chair
Citizens for Reliable and Safe Highways (CRASH)
Jack Gillis, Director of Public Affairs
Consumer Federation of America
Stephen W. Hargarten, M.D., MPH
Society for the Advancement of Violence and Injury Research
Ian Weston, MPP, QAS, Executive Director
American Trauma Society
Rosemary Shahan, President
Consumers for Auto Reliability and Safety
Melissa Wandall, President
National Coalition for Safer Roads
Janette Fennell, Founder and President
KidsAndCars.org
Daphne Izer, Co-Founder
Parents Against Tired Truckers (PATT)
Dawn King
Davisburg, MI
President, Truck Safety Coalition
Board Member, CRASH
Daughter of Bill Badger
Killed in truck crash 12/23/04
Jennifer Tierney
Kernersville, NC
Board Member, CRASH
Daughter of James Mooney
Killed in a truck crash 9/20/83
Steve Izer
Lisbon, ME
Board Member, PATT
Father of Jeff Izer
Killed in a truck crash 10/10/93
Lisa Shrum
Fayette, MO
Volunteer, Truck Safety Coalition
Daughter of Virginia Baker, Step-daughter of Randy Baker
Killed in a truck crash 10/10/06
Nancy Meuleners
Bloomington, MN
Volunteer, Truck Safety Coalition
Injured in a truck crash 12/19/89
Ed Slattery
Lutherville, MD
Board Member, PATT
Husband of Susan Slattery
Killed in a truck crash 8/16/10
Sons Matthew & Peter Slattery critically injured
Kate Brown
Gurnee, IL
Volunteer, Truck Safety Coalition
Mother of Graham Brown
Injured in a truck crash 5/2/05
Jerry Karth
Rocky Mount, NC
Volunteer, Truck Safety Coalition
Founder, AnnaLeah & Mary for Truck Safety
Father of AnnaLeah and Mary Karth
Killed in a truck crash 5/4/13
Frank Wood
Falls Church, VA
Volunteer, Truck Safety Coalition
Father of Dana Wood
Killed in a truck crash 10/15/02
Marchelle Wood
Falls Church, VA
Volunteer, Truck Safety Coalition
Mother of Dana Wood
Killed in a truck crash 10/15/02
Jackie Novak
Edneyville, NC
Volunteer, Truck Safety Coalition
Mother of Charles “Chuck” Novak
Killed in a truck crash 10/24/10
Ron Wood
Washington, D.C.
Volunteer, Truck Safety Coalition
Son of Betsy Wood, Brother of Lisa Wood Martin, Uncle of Chance, Brock, and Reid Martin
Killed in a truck crash 9/20/04
Cindy Southern
Cleveland, TN
Volunteer, Truck Safety Coalition
Wife of James Whitaker, sister-in-law Anthony Hixon and aunt of Amber Hixon
Killed in a truck crash 9/18/09
Sandra Lance
Chesterfield, VA
Volunteer, Truck Safety Coalition
Mother of Kristen Belair
Killed in a truck crash 8/26/09
Alan Dana
Plattsburgh, NY
Volunteer, Truck Safety Coalition
Son of Janet Dana, Uncle of Caitlyn & Lauryn Dana, Brother-in-law of Laurie Dana
Killed in a truck crash 7/19/12
Amy Fletcher
Perrysburg, OH
Volunteer, Truck Safety Coalition
Wife of John Fletcher
Killed in a truck crash 1/24/12
December, 2016
Bloomberg reports:
Nov. 30 — Advocates will play up the competitiveness and economic advantages of retaining federal greenhouse gas standards for passenger vehicles in a bid to win support from an incoming Trump administration that has suggested the rules could be scaled back.
Retaining the Environmental Protection Agency’s tailpipe standards, which require vehicle manufacturers to achieve the equivalent of 54.5 miles per gallon on average in model year 2025 if all of the required emissions reductions are met solely through fuel economy improvements, will save cash-strapped consumers money at the gas pump and place American manufacturers on equal footing with their foreign competitors, advocates say.
“If these standard are reduced, it’s his strongest base of support that will be hurt the most,” Jack Gillis, an automotive expert at the Consumer Federation of America, told Bloomberg BNA….
While automakers have so far only sought tweaks to the federal program, rolling back the standards could push some states, particularly California, to pursue their own requirements. That would lead to the sort of patchwork regulatory approach manufacturers sought to avoid with their initial support for the EPA and NHTSA’s joint federal standards.
“The auto companies need to be careful what they wish for,” Dan Becker, director of the Center for Auto Safety’s Safe Climate Campaign, told Bloomberg BNA.
December, 2016
People who buy used cars are in danger and put us all in danger thanks to government actions and in-actions.
Excellent articles that can help people thinking of buying used vehicles are being published.
The NY Times reports:
“The public has long been wary of used cars and the claims of roadworthiness by the dealers who sell them. On Friday, the nation’s main advertising regulator issued a ruling that consumer groups complained will give used-car dealers too much leeway in the disclosures they are required to make.
The Federal Trade Commission, in a decision that also drew criticism from some lawmakers, said that General Motors and two big used-car chains could advertise their used vehicles as having been carefully inspected and repaired even if the cars might still be subject to safety recalls for problems that had not been fixed.
The only requirement would be that the dealers must advise buyers that the cars could be subject to recalls and tell them how to determine if they are. There would be no requirement that any recall problems be specified or that any repairs be made.
The ruling follows a succession of high-profile cases in which automakers concealed crucial information from car owners, including General Motors’ failure to disclose a deadly ignition switch flaw, Volkswagen’s misrepresentation of pollution emissions, and Honda’s failure to report potential safety problems for more than a decade.” See
Virtually every manufacturer large and small has been the subject of a recall in recent years, but some brands fare better than others in this regard. To that end, the statisticians at the car shopping website iSeeCars.com in Boston, Mass., analyzed recall histories going back to 1985 to determine which brands have recalled the lowest percentage of vehicles, relative to those sold in a given year, and which brands’ recalls pose the fewest dire consequences, among other metrics.” See
December, 2016
Please see Advocates Release below.
FOR IMMEDIATE RELEASE: December 7, 2016
Contact: Allison Kennedy, 202-408-1711, akennedy@saferoads.org
STATEMENT OF PETER KURDOCK,
DIRECTOR OF REGULATORY AFFAIRS
ON RELEASE OF DO-NOTHING
ENTRY-LEVEL DRIVER TRAINING RULE
Meaningless Rule Issued by FMCSA Disregards Congressional Mandates, Federal Court Precedent, Experts Convened by the Agency and Common Sense
Rule Only Adds to Agency’s Shameful Legacy of Failing to Issue Effective Training Rule to Advance Safety and Protect the Public
As fatal truck crashes reach levels not seen in years, the Federal Motor Carrier Safety Administration (FMCSA) has once again shirked its duty to protect truck drivers and the public by issuing a rule that fails to require a minimum number of behind-the-wheel (BTW) training hours for new Commercial Driver’s License (CDL) applicants before sharing the road with American families. The agency’s history of issuing ineffective proposals for CDL training is simply inexcusable when the safety of the motoring public and commercial drivers is at stake.
Congress, safety groups and families of truck crash victims have been battling to get the U.S. Department of Transportation (DOT) to act on a CDL training rule for over two decades. Individuals operating a large commercial motor vehicle (CMV), either a truck weighing as much as 80,000 pounds or a motorcoach full of passengers traveling home for the holidays, need to have some actual BTW training. Currently, the FMCSA requires only 10 hours of classroom instruction with no BTW training requirement. In 2005, the United States Court of Appeals for the District of Columbia Circuit rejected a CDL training rule that failed to require BTW hours. In 2012, Congress directed FMCSA to issue a rule requiring BTW training as part of the Moving Ahead for Progress in the 21st Century Act (MAP-21, Pub. L. 112-141). That same year, FMCSA’s Motor Carrier Safety Advisory Committee (MCSAC), comprised of transportation and safety experts also recommended that the agency require a minimum number of BTW hours as part of any training rule.
In 2015, FMCSA convened a group of experts to draft a training rule as part of a Negotiated Rulemaking. All but two members of the group supported a requirement that ensures candidates would receive a minimum amount of BTW training. The vote was unanimous as to the members of the group representing safety groups, training schools, the motorcoach industry and individual drivers. The Notice of Proposed Rulemaking issued earlier this year reflected the consensus reached by the group. Yet, in a complete reversal, the Final Rule issued today strips the BTW requirement and ignores the consensus reached by experts who have collectively spent decades examining this issue.
The FMCSA’s decision regarding BTW training also ignores established industry practice and defies common sense. The leading CDL training schools already require that their students complete a minimum number of hours of BTW training. Numerous states also require that licensed CDL training schools provide a minimum number of BTW hours. The Federal Aviation Administration (FAA) requires candidates seeking a commercial pilot’s license must have accumulated approximately 250 hours of flight time. Transportation occupations are not alone in requiring that new entrants gain practical experience before earning a license. Barbers licensed in Virginia must accumulate 490 hours of minimum performances and nail technicians must have 275 hours. FMCSA, however, believes there should be no minimum hours required to master the difficult job of safely operating a CMV.
The agency’s utter failure to once again issue a training rule that will require that CDL applicants gain experience that can only be obtained by actually operating a CMV comes at a critical time. In 2015, 4,067 people were killed in crashes involving large trucks, representing an increase of 4 percent from the previous year and a 20 percent increase from 2009. This is the first time truck crash deaths have exceeded 4,000 since 2008. Further, early release data for 2015 shows that 116,000 people were injured in crashes involving large trucks — an increase of 57 percent since 2009. The annual cost to society from crashes involving commercial motor vehicles is estimated to be over $110 billion.
The agency has a history of failing the public, and has once again done so by issuing a weak and ineffective rule that will do nothing to advance safety.
###
Another “Shameful!” failure of the Obama Administration to protect people by working to end vehicle violence.
