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CSA 2010: Resentment by the Trucking Associations

The United States three main Trucking Association: the Expedited Alliance of North America (TEANA), the National Association of Small Trucking Companies (NASTC) and the Air and Expedited Motor Carrier Association (AEMCA), who own fleets more than 3,000 in number has filed a lawsuit in the court to review the rules and regulations as imposed and stated in the FMCSA’s CSA2010 legislation. The suit has been filed in the United States Court of Appeals. The association wants that the FMCSA release of these safety regulations should be permanently rejected by the court as they do not approve of the safety methods laid down by the FMCSA’s CSA 2010 release.
The court has previously rejected the Trucking Association’s plea to release a temporary hold order so that they could avoid the release of the CSA2010 safety regulations before time. This injunction was filed by the association earlier this month. Due to the fast movement of actions the Federal Court has agreed to hear both parties on the issue to release an order against FMCSA’s Comprehensive Safety Analysis initiatives. In their appeal the trucking associations emphasized that the FMCSA fails to understand the impact that this legislation will have on the small trucking companies and owner operator jobs.
The monitoring and the records will be open to public on the CSA website. This will enable all the reports for any carrier or truck driver available for the public to ponder on it. All warnings, accidents, safety implications and others will be updated online for every incident. This measure is beneficial for shipping company as they can use the data to judge on who should be employed to carry their available loads. The FMCSA and other government authorities would work in close compliance to report the statistics on Behavioral Analysis and the Safety Improvement Categories.
The trucking companies who are renting over their trucks to other carries and freight brokers were worrying on the issue of the secondary liability for past so many years The FMCSA regulates the actions of the logistics and trucking company’s so as to check their vicarious liability and the rules are set so that the freight brokers and the shippers do correct hiring of the truck driver or the freight carrier company. Now the selection of the service provider will have to be very accurate. This is one of the major causes of resentment among the Trucking association as they will be obligated to select the freight brokers, intermodal drivers, logistics and trucking companies with a high score on CSA safety rules. They are bound to implement this measure as they would not want any extra liability on them because of the poor scores of the service providers. To avoid the liability as a third party logistics the rules set by the FMCSA has to be taken into consideration. You can obviously find a pool of competent truck drivers and related companies on the load boards meant for finding the perfect load and driver match.
For the meantime the court has overruled the trucking association plea as being ‘forecasted’ and ‘predicted’ damages by the CSA 2010 legislation by FMCSA.

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Life as a Truck Driver

Truck drivers are a constant presence on the Nation’s highways and interstates. They deliver everything from automobiles to canned food. Firms of all kinds rely on trucks to pick up and deliver goods because no other form of transportation can deliver goods door-to-door. Even if some goods travel most of the way by ship, train, or airplane, almost everything is carried by trucks at some point in its journey.

Before leaving the terminal or warehouse, truck drivers check the fuel level and oil in their trucks. They also inspect the trucks to make sure that the brakes, windshield wipers, and lights are working and that a fire extinguisher, flares, and other safety equipment are aboard and in working order. Drivers make sure their cargo is secure and adjust the mirrors so that both sides of the truck are visible from the driver’s seat. Drivers report equipment that is inoperable, missing, or loaded improperly to the dispatcher.

Once under way, drivers must be alert in order to prevent accidents. Drivers can see farther down the road because large trucks seat them higher off the ground than other vehicles. This allows them to see the road ahead and select lanes that are moving more smoothly as well as giving them warning of any dangerous road conditions ahead of them.

The duration of runs vary according to the types of cargo and the destinations. Local drivers may provide daily service for a specific route or region, while other drivers make longer, intercity and interstate deliveries. Interstate and intercity cargo tends to vary from job to job more than local cargo. A driver’s responsibilities and assignments change according to the type of loads transported and their vehicle’s size.

New technologies are changing the way truck drivers work, especially long-distance truck drivers. Satellites and the Global Positioning System link many trucks with their company’s headquarters. Troubleshooting information, directions, weather reports, and other important communications can be instantly relayed to the truck. Drivers can easily communicate with the dispatcher to discuss delivery schedules and courses of action in the event of mechanical problems. The satellite link also allows the dispatcher to track the truck’s location, fuel consumption, and engine performance. Some drivers also work with computerized inventory tracking equipment. It is important for the producer, warehouse, and customer to know their product’s location at all times so they can maintain a high quality of service.

Heavy truck and tractor-trailer drivers operate trucks or vans with a capacity of at least 26,000 pounds Gross Vehicle Weight (GVW). They transport goods including cars, livestock, and other materials in liquid, loose, or packaged form. Many routes are from city to city and cover long distances. Some companies use two drivers on very long runs—one drives while the other sleeps in a berth behind the cab. These “sleeper” runs can last for days, or even weeks. Trucks on sleeper runs typically stop only for fuel, food, loading, and unloading.

Some heavy truck and tractor-trailer drivers who have regular runs transport freight to the same city on a regular basis. Other drivers perform ad hoc runs because shippers request varying service to different cities every day.

The U.S. Department of Transportation requires that drivers keep a log of their activities, the condition of the truck, and the circumstances of any accidents.

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Long-distance heavy truck and tractor-trailer drivers spend most of their working time behind the wheel, but also may have to load or unload their cargo. This is especially common when drivers haul specialty cargo, because they may be the only ones at the destination familiar with procedures or certified to handle the materials. Auto-transport drivers, for example, position cars on the trailers at the manufacturing plant and remove them at the dealerships. When picking up or delivering furniture, drivers of long-distance moving vans hire local workers to help them load or unload.

Light or delivery services truck drivers operate LTL cargo vans and box trucks weighing less than 26,000 pounds GVW. They pick up or deliver merchandise and packages within a specific area. This may include short “turnarounds” to deliver a shipment to a nearby city, pick up another loaded truck or van, and drive it back to their home base the same day. These services may require use of electronic delivery tracking systems to track the whereabouts of the merchandise or packages. Light or delivery services truck drivers usually load or unload the merchandise at the customer’s place of business. They may have helpers if there are many deliveries to make during the day, or if the load requires heavy moving. Typically, before the driver arrives for work, material handlers load the trucks and arrange items for ease of delivery. Customers must sign receipts for goods and pay drivers the balance due on the merchandise if there is a cash-on-delivery arrangement. At the end of the day drivers turn in receipts, payments, records of deliveries made, and any reports on mechanical problems with their trucks.

Some local truck drivers have sales and customer service responsibilities. The primary responsibility of driver/sales workers, or route drivers, is to deliver and sell their firm’s products over established routes or within an established territory. They sell goods such as food products, including restaurant takeout items, or pick up and deliver items such as laundry. Their response to customer complaints and requests can make the difference between a large order and a lost customer. Route drivers may also take orders and collect payments.

The duties of driver/sales workers vary according to their industry, the policies of their employer, and the emphasis placed on their sales responsibility. Most have wholesale routes that deliver to businesses and stores, rather than to homes. For example, wholesale bakery driver/sales workers deliver and arrange bread, cakes, rolls, and other baked goods on display racks in grocery stores. They estimate how many of each item to stock by paying close attention to what is selling. They may recommend changes in a store’s order or encourage the manager to stock new bakery products. Laundries that rent linens, towels, work clothes, and other items employ driver/sales workers to visit businesses regularly to replace soiled laundry. Their duties also may include soliciting new customers along their sales route.

After completing their route, driver/sales workers place orders for their next deliveries based on product sales and customer requests.

Truck Driver Working Conditions

Truck driving has become less physically demanding because most trucks now have more comfortable seats, better ventilation, and improved, ergonomically designed cabs. Although these changes make the work environment less taxing, driving for many hours at a stretch, loading and unloading cargo, and making many deliveries can be tiring. Local truck drivers, unlike long-distance drivers, usually return home in the evening. Some self-employed long-distance truck drivers who own and operate their trucks spend most of the year away from home.

Design improvements in newer trucks have reduced stress and increased the efficiency of long-distance drivers. Many newer trucks are equipped with refrigerators, televisions, and bunks.

The U.S. Department of Transportation governs work hours and other working conditions of truck drivers engaged in interstate commerce. A long-distance driver may drive for 11 hours and work for up to 14 hours—including driving and non-driving duties—after having 10 hours off-duty. A driver may not drive after having worked for 60 hours in the past 7 days or 70 hours in the past 8 days unless they have taken at least 34 consecutive hours off-duty. Most drivers are required to document their time in a logbook. Many drivers, particularly on long runs, work close to the maximum time permitted because they typically are compensated according to the number of miles or hours they drive. Drivers on long runs face boredom, loneliness, and fatigue. Drivers often travel nights, holidays, and weekends to avoid traffic delays.

Local truck drivers frequently work 50 or more hours a week. Drivers who handle food for chain grocery stores, produce markets, or bakeries typically work long hours—starting late at night or early in the morning. Although most drivers have regular routes, some have different routes each day. Many local truck drivers, particularly driver/sales workers, load and unload their own trucks. This requires considerable lifting, carrying, and walking each day.

State and Federal regulations govern the qualifications and standards for truck drivers. All drivers must comply with Federal regulations and any State regulations that are in excess of those Federal requirements. Truck drivers must have a driver’s license issued by the State in which they live, and most employers require a clean driving record. Drivers of trucks designed to carry 26,000 pounds or more—including most tractor-trailers, as well as bigger straight trucks—must obtain a commercial driver’s license (CDL) from the State in which they live. All truck drivers who operate trucks transporting hazardous materials must obtain a CDL, regardless of truck size. In order to receive the hazardous materials endorsement a driver must be fingerprinted and submit to a criminal background check by the Transportation Security Administration. Federal regulations governing CDL administration allow for States to exempt farmers, emergency medical technicians, firefighters, some military drivers, and snow and ice removers from the need for a CDL at the State’s discretion. In many States a regular driver’s license is sufficient for driving light trucks and vans.

To qualify for a CDL an applicant must have a clean driving record, pass a written test on rules and regulations, and then demonstrate that they can operate a commercial truck safely. A national database permanently records all driving violations committed by those with a CDL. A State will check these records and deny a CDL to those who already have a license suspended or revoked in another State. Licensed drivers must accompany trainees until they get their own CDL. A person may not hold more than one license at a time and must surrender any other licenses when a CDL is issued. Information on how to apply for a CDL may be obtained from State motor vehicle administrations.

Many States allow those who are as young as 18 years old to drive trucks within their borders. To drive a commercial vehicle between States one must be 21 years of age, according to the U.S. Department of Transportation (U.S. DOT), which establishes minimum qualifications for truck drivers engaging in interstate commerce. Federal Motor Carrier Safety Regulations—published by U.S. DOT—require drivers to be at least 21 years old and to pass a physical examination once every 2 years. The main physical requirements include good hearing, at least 20/40 vision with glasses or corrective lenses, and a 70-degree field of vision in each eye. Drivers may not be colorblind. Drivers must be able to hear a forced whisper in one ear at not less than 5 feet, with a hearing aid if needed. Drivers must have normal use of arms and legs and normal blood pressure. Drivers may not use any controlled substances, unless prescribed by a licensed physician. Persons with epilepsy or diabetes controlled by insulin are not permitted to be interstate truck drivers. Federal regulations also require employers to test their drivers for alcohol and drug use as a condition of employment, and require periodic random tests of the drivers while they are on duty. A driver must not have been convicted of a felony involving the use of a motor vehicle; a crime involving drugs; driving under the influence of drugs or alcohol; refusing to submit to an alcohol test required by a State or its implied consent laws or regulations; leaving the scene of a crime; or causing a fatality through negligent operation of a motor vehicle. All drivers must be able to read and speak English well enough to read road signs, prepare reports, and communicate with law enforcement officers and the public.

Many trucking operations have higher standards than those described here. Many firms require that drivers be at least 22 years old, be able to lift heavy objects, and have driven trucks for 3 to 5 years. Many prefer to hire high school graduates and require annual physical examinations. Companies have an economic incentive to hire less risky drivers, as good drivers use less fuel and cost less to insure.

Taking driver-training courses is a desirable method of preparing for truck driving jobs and for obtaining a CDL. High school courses in driver training and automotive mechanics also may be helpful. Many private and public vocational-technical schools offer tractor-trailer driver training programs. Students learn to maneuver large vehicles on crowded streets and in highway traffic. They also learn to inspect trucks and freight for compliance with regulations. Some programs provide only a limited amount of actual driving experience. Completion of a program does not guarantee a job. Those interested in attending a driving school should check with local trucking companies to make sure the school’s training is acceptable. Some States require prospective drivers to complete a training course in basic truck driving before being issued their CDL. The Professional Truck Driver Institute (PTDI), a nonprofit organization established by the trucking industry, manufacturers, and others, certifies driver training courses at truck driver training schools that meet industry standards and Federal Highway Administration guidelines for training tractor-trailer drivers.

Drivers must get along well with people because they often deal directly with customers. Employers seek driver/sales workers who speak well and have self-confidence, initiative, tact, and a neat appearance. Employers also look for responsible, self-motivated individuals who are able to work well with little supervision.

Training given to new drivers by employers is usually informal, and may consist of only a few hours of instruction from an experienced driver, sometimes on the new employee’s own time. New drivers may also ride with and observe experienced drivers before getting their own assignments. Drivers receive additional training to drive special types of trucks or handle hazardous materials. Some companies give 1 to 2 days of classroom instruction covering general duties, the operation and loading of a truck, company policies, and the preparation of delivery forms and company records. Driver/sales workers also receive training on the various types of products their company carries so that they can effectively answer questions about the products and more easily market them to their customers.

Although most new truck drivers are assigned to regular driving jobs immediately, some start as extra drivers—substituting for regular drivers who are ill or on vacation. Extra drivers receive a regular assignment when an opening occurs.

New drivers sometimes start on panel trucks or other small straight trucks. As they gain experience and show competent driving skills they may advance to larger, heavier trucks and finally to tractor-trailers.

The advancement of truck drivers generally is limited to driving runs that provide increased earnings, preferred schedules, or working conditions. Local truck drivers may advance to driving heavy or specialized trucks, or transfer to long-distance truck driving. Working for companies that also employ long-distance drivers is the best way to advance to these positions. Few truck drivers become dispatchers or managers.

Some long-distance truck drivers purchase trucks and go into business for themselves. Although some of these owner-operators are successful, others fail to cover expenses and go out of business. Owner-operators should have good business sense as well as truck driving experience. Courses in accounting, business, and business mathematics are helpful. Knowledge of truck mechanics can enable owner-operators to perform their own routine maintenance and minor repairs.