Category: Blog

Fwd: Letter to U.S. DOT Sec. Foxx on “Tired Trucker” provision in govt spending bill


Fwd: Letter to U.S. DOT Sec. Foxx on “Tired Trucker” provision in govt spending bill

December, 2016

Dear Care for Crash Victims Community Members:

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

———- Forwarded message ———- From: Cathy Chase <cchase@saferoads.org> Date: Fri, Dec 2, 2016 at 1:59 PM Subject: Letter to U.S. DOT Sec. Foxx on “Tired Trucker” provision in govt spending bill To: Cathy Chase <cchase@saferoads.org>

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

 

IIHS Ratings and Rankings for Safest 2017 Vehicles


IIHS Ratings and Rankings for Safest 2017 Vehicles

December, 2016

Then thank Ralph Nader for having fought to have insurers crash test vehicles.
Lou Lombardo

 

Power of People to Protect People


Power of People to Protect People

December, 2016

Dear Care for Crash Victims Community Members:
Power of People to Protect People
Legal Reader has published an article that I authored “Power Of People To Protect People”.  See http://www.legalreader.com/power-of-people-to-protect-people/ This article was inspired by the lifetime of safety work by:  *  Clarence Ditlow:  See his presentation at http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=16672 *  Joan Claybrook:  See her presentation at http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=17360 *  Ralph Nader:  See his presentation and many others at his Conference “Breaking Through Power” at  https://www.breakingthroughpower.org/    The Graphic of Lady Justice was inspired by the writings of Marianne Karth, a mother of two daughters tragically killed in a crash that should have been prevented by regulations on truck under-ride guards delayed for decades.  See http://annaleahmary.com/2016/12/road-to-zero-coalition-considers-priority-actions-to-reduce-traffic-fatalities/  Lady Justice Graphic is available to the public for free use with attribution to Legal Reader and the artist Neil F. Angeles.
Never underestimate the power of people – especially crash survivors and victims – to protect other people.   *  Cally Houck, mother who lost two daughters in a recalled but unfixed rental car.  Seehttp://www.corporatecrimereporter.com/news/200/ben-kelley-on-death-by-rental-car/ *  Stella Gurr, mother who lost a son in a 15 passenger vehicle crash.  Seehttp://blog.vanangels.ca/2015/03/mothers-say-changes-to-motor-vehicle.html. *  Laura Christian, mother who lost her daughter in a GM vehicle with a defective ignition switch.  See http://www.gmrecallsurvivors.com/  They also inspire and continue to work to save others because they suffered losses to vehicle violence.
Presidential Power Failure
The record of Presidential failures to protect people dictates that we the people have to step up and use our power.

The Power of People was written as Americans approach the end of 8 years of one Administration with a tragically disappointing auto safety record with a NHTSA  estimated  251,647 deaths due to vehicle violence under President Obama from 2009 through the first six months of 2016.   NHTSA data shows that the number of motor vehicle related deaths is accelerating and estimated to increase an additional 10% approaching an Obama legacy of 270,000 vehicle deaths.  See https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812332

Nader and Ditlow told us so.  See https://www.nytimes.com/2014/10/29/opinion/weak-oversight-deadly-cars.html

President Obama failed year after year to adopt a Vision Zero Goal despite petitions of the American people.  The Swedish Parliament adopted Vision Zero in 1997.  Seehttps://en.wikipedia.org/wiki/Vision_Zero
Powers of People – Needed Now More Than Ever
Daily losses due to vehicle violence in the U.S.A. today: 
*  100 deaths
*  400 serious injuries
*  $2 Billion
This is at a time when we have more technologies available to achieve an end to vehicle violence in or by new vehicles in a decade than ever before in human history.

Now as we face an incoming Administration that is talking more about the problems of regulations on business than about the problems of deaths and injuries to people, we need to begin anew conversations about what people can do to protect people.   Ralph Nader warns us of the Trump people and policies that we face.   Seehttp://www.eurasiareview.com/27122016-ralph-nader-tripwires-for-the-trumpsters-oped/

Lou Lombardo

 

Power of People to Protect People: The Consumer Reports Example


Power of People to Protect People: The Consumer Reports Example

December, 2016

Dear Care for Crash Victims Community Members:
Consumer Reports (CR) has worked successfully for 80 years to protect Americans.  Testing by Consumers Union and reporting by CR has made us all safer.  

Please see their recognition of Clarence Ditlow, former long time Board Member for his lifetime of contributions to making us all safer.

See http://www.consumerreports.org/car-safety/a-legacy-of-safety-lives-on-from-our-president-february-2017/

Their work shows what good work can do to save us money, time, and aggravation – and save lives.

Give a little to not get hurt.

Lou Lombardo

 

Legal Reader: Power Of Presidents To Protect People


Legal Reader: Power Of Presidents To Protect People

December, 2016

Dear Care for Crash Victims Community Members:

Legal Reader has kindly published an article I wrote on this subject, pro bono, 

Hopefully the information in this historical overview of presidential actions and in-actions will help us all protect people in the future.

See http://www.legalreader.com/power-of-presidents-to-protect-people/

We are at a time in history when we have more technology available to achieve Vision Zero deaths and serious injuries in or by new vehicles in a decade than ever before. People now need to increase demand through market forces and for governmental actions to achieve their safety and happiness.

Lou Lombardo

 

Fwd: URGENT: Response of Safety Groups to Tired Trucker Provision in Continuing Resolution


Fwd: URGENT: Response of Safety Groups to Tired Trucker Provision in Continuing Resolution

December, 2016

Dear Care for Crash Victims Community Members:

Please see the Press Release below on Congressional Action that will result in more deaths and injuries to Americans.

An information resource is the map of all Congressional Districts (114th Congress) with a tally of a decade of vehicle violence deaths in each district over the past decade.  Available to the public athttps://www.arcgis.com/home/webmap/viewer.html?webmap=e21e612d64654d75943f85a1a6035472

Lou Lombardo

———- Forwarded message ———- From: Cathy Chase <cchase@saferoads.org> Date: Tue, Dec 6, 2016 at 11:02 PM Subject: URGENT: Response of Safety Groups to Tired Trucker Provision in Continuing Resolution To: Cathy Chase <cchase@saferoads.org>

FOR IMMEDIATE RELEASE: December 6, 2016

Contact:

Advocates: Cathy Chase, cchase@saferoads.org, (o) 202-408-1711 or (c) 571-243-7282

CRASH and PATT: John Lannen, jlannen@trucksafety.org, (o) 703-294-6404 or (c) 703-328-5007

 

Statement of Highway, Auto & Truck Safety Groups in Response to Removal of Truck Driver Safety Protections in Continuing Resolution

 

4,067 People Killed in Truck Crashes in 2015, 

Yet Congress is Poised to Pass “Poison Pill” Provision

 

Washington, D.C. – Tonight, the text of the FY 2017 Continuing Resolution (Rules Committee Print 114-70) was released revealing that the Obama truck driver hours of service (HOS) rule will be decimated with the removal of the two safety provisions, a two-consecutive night off requirement and a one-week limitation on the use of the 34-hour restart.  

 

Safety groups responded to this news:

 

Jackie Gillan, president of Advocates for Highway and Auto Safety (Advocates), said, “In a major assault on the safety of families and truck drivers across the country, the House and Senate Republican leaders just delivered special trucking interests an early Christmas present. Language inserted in the year-end government funding bill repeals key safety features of the Obama Administration’s truck driver hours of service rule intended to combat truck driver fatigue.  The Obama rule requires that after a grueling week of 75 or more work hours, truck drivers, who take only the minimum 34-hours off duty between work weeks, must get two consecutive nights of rest during the 34-hour off duty period.  Studies show that nighttime sleep is much more restful than attempts to sleep during daytime. Special interests succeeded in getting this rollback despite the growing problem of truck driver fatigue in the industry, unabated increases in truck crash deaths and injuries, and overwhelming public opposition.  

 

However, none of this mattered to trucking interests and their friends on the House and Senate Appropriations Committee.  This attack on safety comes at a critical time.  Last year, 4,067 people were needlessly 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, preliminary 2015 federal government data shows 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. 

 

It is simply unthinkable that any industry with such an abysmal safety record and responsible for so many innocent deaths and injuries could actually find so many willing partners in Congress to push their greedy anti-safety agenda.”  

 

Joan Claybrook, Chair of Citizens for Reliable and Safe Highways (CRASH) and former Administrator of the National Highway Traffic Safety Administration, stated, “This action to rip out essential safety protections for hard-working truck drivers who deserve a weekend off for adequate rest and recovery time is yet another example of the grip that corporate trucking interests have on some Members of Congress.  The American public is scared of sharing the road with exhausted and overworked drivers behind the wheel of a big rig and with good reason.  In fatal crashes involving a large truck and a passenger car, 98% of the deaths are the occupants of the car.  The House and Senate Appropriations Committees have held more than 100 congressional hearings this year.  However, the Republican Committee leaders never allowed a single hearing on this important issue. Instead, the repeal of the truck safety provisions was secretly attached to a must pass spending bill because they knew it wouldn’t pass muster.  This action will literally have life and death consequences for truck drivers and all motorists sharing the roads with them.  This ‘tired trucker’ provision has no place in this bill and Congress has no business coddling trucking interests using a backdoor legislative maneuver to circumvent public debate and conceal safety impacts.”

 

Daphne Izer, Founder of Parents Against Tired Truckers (P.A.T.T.), responded, “Once again, our lawmakers caved to special interests and put everyone who travels our roads at risk by including the “tired trucker” provision in the Continuing Resolution. As a mother who began advocating to make trucking safer after my son Jeff was killed by a truck driver who fell asleep while driving, I am devastated that language to increase the number of hours that truck drivers can drive and work was included in a must-pass bill. This rollback of the Hours of Service rules will do nothing to address the issue of driver fatigue and will certainly not reduce the number of fatigue related crashes. It does, however, show a disregard for the nearly 100,000 people who have been killed in truck crashes since I began working to make trucking safer, and the families like mine who are left to cope with the grief that decisions like these cause.” 

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