Archive for September, 2011

Established on July 2nd, 1965, The EEOC is an independent federal law enforcement agency that enforces laws against workplace discrimination, including retaliation against employees by their employer.

The Equal Employment Opportunity Commission states:

“The law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”

Apparently, retaliation against the professional truck driver by motor carriers through the use of the Dac Report, remain to go unnoticed by the EEOC. All of the laws are in favor of DAC, since the responsibility for proof is placed on the driver. HireRight DAC Trucking Solutions is not required to verify the information supplied by motor carriers until the report is disputed by the driver.

The DAC Report is responsible for the intentional blackballing of drivers from the trucking industry, with one report indicating that out of the 200 largest motor carriers in the U.S., over 85% use the information placed on DAC for hiring purposes. It is estimated that over 6,000 trucking companies subscribe to DAC Services.

Not only can false information on drivers’ DAC Reports end their driving career, but other consumer credit agencies can investigate various information from other sources such as DAC, causing a driver to receive a downgrade in credit score or even credit denial.

Motor carriers are required to notify the driver of his or her right to review the information on their DAC report, obtained from their previous employers. They are also required to inform the driver of their right to correct false information on the report, or to file rebuttal statements against the information provided.

HireRight DAC Trucking Solutions must also comply with the Fair and Accurate Credit Transactions Act (FACTA), providing a driver with a free copy of their DAC report once every twelve months, upon request by the driver.

If HireRight is able to verify the information as correct with the motor carrier, it will not be removed from the report and this is where a major injustice occurs. In this scenario, “verify” most often means that HireRight calls the motor carrier, asks if the information is correct, the motor carrier says, “yes”, and thus . . . information verified.

The FMCSA regulations consist of rules pertaining to agencies such as HireRight DAC Trucking Solutions, found in §391.23 of the FMCSR.  Furthermore, HireRight is supposed to follow the “Procedure in case of disputed accuracy”, as it pertains to the Fair Credit Reporting Act under Part § 611.

With all the rights available to professional truck drivers, proving information on the DAC report is false, continues to be one of the hardest battles a driver can face. With our false DAC reporting petition nearing 2,300 signatures, the EEOC should be able to find reasonable cause in determining that there is a serious problem with motor carriers falsifying drivers’ DAC reports.

Stories of DAC report abuse is not only limited to our petition . . . more drivers are coming forward and sharing their DAC experience in other forms of communication. For example, these 27 posts concerning false DAC reporting appear on the Complaints Board website, with the most recent story dated September 15th,2011.

With many other driver stories shared across the web in forums, blogs and various websites, where is the EEOC in investigating this issue? Perhaps there are so many that the problem is too overwhelming for the Equal Employment Opportunity Commission to undertake? Perhaps when it comes to fighting for employee rights pertaining to retaliation, professional truck drivers take a back seat to the EEOC.

If drivers would begin exercising their rights and flood the EEOC and OSHA with complaints against the DAC report, they would have to take notice.

• They should also write letters to their State Representative:

• They should write letters to the Senate:

It takes more than simply “talking among ourselves” about the problem with DAC . . . it takes ACTION.

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: dac, dac report, EEOC, employee rights, Equal Employment Opportunity Commission, false information, FMCSA regulations, HireRight, HireRight DAC Trucking Solutions, motor carriers, retaliation, truck drivers, trucking

As truck drivers face stricter regulations within the industry, more drivers are considering turning away from a professional truck driving career.

From the CSA, anti-idling laws, proposed ban on cell phone use, low wages, future HOS rule changes and the cross-border program, to name a few, even veteran drivers have thrown up their hands and have walked away from a life-long career.

Drivers have faced struggles for many years and as the government continues to step further into their livelihoods, the ability to provide support for themselves and their families continue to grow more difficult with each new regulation.

Professional truck drivers have always talked among themselves about the ever-changing trucking industry, with the difficulties they face largely unnoticed by the general public.  The issues faced by the American trucker have never reached a height of public awareness, which is needed for any issue to receive attention, thus beginning the process for resolution.

The Annual Truck Driver Social Media Convention was founded on the principle of uniting, recognizing and honoring our nation’s truckers for their daily work in keeping America moving.  It is also an event to bring public and national awareness to the issues that the professional driver faces on a daily basis, as well as bringing drivers and other industry professionals together to exchange thoughts, ideas and solutions that will best meet the needs of our drivers.

Bloomberg BusinessWeek, one of the top three business magazines in the country, will be covering the 1st Annual Truck Driver Social Media Convention in Tunica, Mississippi.

The journalist assigned by BusinessWeek to cover the event has also written for The New York Times and The Boston Globe and has appeared on several TV cable news channels.

Also covering the event will be:

• Todd Dills, Senior Editor for Overdrive Magazine
• Kathleen Buceleugh, Managing Editor for Truckers News Magazine

Truckers News and Overdrive magazines have been the leaders in trucking news for years, with Overdrive recently celebrating their 50th anniversary.

We appreciate the interest for coverage and to help raise the needed awareness by these well-known and highly respected trucking magazines and are grateful for the opportunity to have a reporter from BusinessWeek assigned to the event.

Reservations for the convention will end on October 5th, 2011.

Allen Smith

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: Bloomberg, Bloomberg BusinessWeek, Business Week magazine, BusinessWeek, news, overdrive magazine, truck driver convention, truck driver news, truckers news, trucking

With a population of approximately 1,100 residents, the tiny town of Tunica, Mississippi will grow by a few hundred or so this coming October 15th, 2011.  As professional drivers and industry experts gather for the 1st Annual Truck Driver Social Media Convention, the event’s main objective is to acknowledge and honor the professional CDL truck driver.

Professional Trucker, Tony Justice to Perform at Convention

Tony Justice

Tony Justice was born in Visalia, California and moved to L.A. until the age of three.  In the fall of 1974, his parents moved his family to Pikeville, Kentucky where his love of racing began.

Tony finally ended up in East Tennessee in July of 1983, playing the bass and singing in gospel groups. At age 23, Tony was living out a childhood dream of becoming a race car driver.

Then his mother talked him into selling his race car and trailer and pursuing his music.  She told him that if it did not pay off within five years, she would buy it all back.  That was 18 years ago.

Today, he is a single father raising his wonderful children.  In doing so, he is driving his Peterbilt truck over the road, a trade handed down to him by his father. Tony takes a lot of pride in being a second generation driver. One of the benefits to driving over the road are the “endless hours to write, and the highway provides endless inspirations to write about.”

In 2002, Tony was endorsed by NASCAR legends Rusty Wallace and Roger Penski, with Miller Beer choosing him to record his second album titled, “Rockin’ Rusty”.

Rockin' Rusty Album

He performed pre-race concerts to promote the popular album at tracks such as Daytona International Speedway, Lowes Motor Speedway, Bristol Motor Speedway, Las Vegas Motor Speedway, Atlanta Motor Speedway and the famous Indianapolis Motor Speedway.

Tony also appeared on the John Boy and Billy Show, Rick and Bubba Show, Good Morning Las Vegas, Dollar Bill and Patti show, at the BULL in Birmingham, Alabama where he also headlined their listener appreciation show, and The Evening Ride show with his cowboy pal,  Gunner on the radio station, WIVK based in Knoxville, TN.

He has just completed his third album titled “On the Road”, written by Kenny Chesney, Kim Williams and Randy Boudreaux.  He feels honored and extremely fortunate to have recorded a song written by three of the best songwriters in Nashville.

Pilot/Flying J Travel Centers will be distributing and promoting the much anticipated album in their stores Nationwide.

Tony is currently on the road hauling freight to cities all over the country and anxiously awaiting the release of the “On the Road Album” and we are very grateful to have Tony performing at the first-ever Truck Driver Convention.

The event is RSVP only and reservations will be taken until October 5th, 2011.

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: kenny chesney, kim wlliams, mississippi, on the road, pilot flying j, randy boudreaux, rockin rusty, social media, songwriters, tony justice, travel centers, truck driver convention, trucker justice, trucking, tunica

Allen & Donna Smith of AskTheTrucker

Five years ago we began by guiding students and new cdl drivers through the obstacles within the trucking industry. . Why?
Simply, we saw injustice and wanted to address it.

What started out as a small website aiding students and new CDL drivers, TruthAboutTrucking.com, gradually grew into an information blog ( AskTheTrucker), a radio show (Truth About Trucking Live), a newsletter, and many social media website profiles. The need for truth was the driving force.

We  quickly realized, students and new drivers weren’t the only ones having difficulties, but many others within the industry were being hit hard from all angles also. There were those calling and writing, desperate and seeking solutions to their problems. Many times all it took was a little research, guiding them in the right direction, either to a website, an attorney, or just answering their question if we knew the solution. What it did take however was time…

You’d be surprised how much time you have, even while working a full time job, when you are moved by the concerns of others who are in pretty bad situations.

Many other times it was just for someone to listen to them, to empathize and to care. We knew that there was a great need within the industry, and began publicly sharing insider information to help our fellow truckers from: leasing scams, false DAC claims, CDL training scams, company CDL programs, government regulation, sleep apnea exaggerations, new proposals, truck parking shortages, anti idling,  low wages, forced dispatch…the list goes on and on.

We’ve written blog posts, broadcast radio shows, many times inviting guests with expertise or experience on the topics of discussion .How many times I heard from people, “ Allen, we need to all stick together” or “What can we do to battle these issues.”

Donna and I receive hundreds of emails daily, many are spam and soliciting, but after you go through them all, a significant number are relevant questions from people who are desperate, broken, and need help,  or who need someone to listen to them.

Soon there were others, people who also realized the  need to help their fellow truck drivers, and blogs began popping up creating a movement of concern and compassion for one another. The social media world then really expanded on this concept of revealing truth and helping others, and now the need to network has become apparent.

New grassroots websites and organizations began emerging such as Jason’s Law for safe truck parking and Truckers Against Trafficking.

There is a movement, a desire to address the injustices within our industry and to care about those who are directly affected by them. When that motivation is strong enough, when enough emails, letters and phone calls are heard, then the desire to make a difference becomes unstoppable.

There are certain prerequisites to being a truck driver advocate, or an advocate of anything for that matter:

• Desire to address injustices
• The motivation to research and find answers
• Empathy for your fellow man

During these past 5 years we have been fortunate enough to meet many other like-minded people who are also sincere in their desire and efforts to help others. We have associated with those who have held steadfast to their beliefs, who put humanity in front of financial gain, and have helped others even when most would not. These people have ethics, tenacity, and integrity.

When evaluating the trucking industry, honor and respect is not something that the professional truck driver experiences often. Many times they feel left to battle their employer, the DOT and even the general public, feeling alone and defenseless.

Then, the most obvious idea occurred to us:  Have an event to unite, honor and recognize the professional CDL driver,  gathering all within the industry who  care about the issues and challenges that drivers face.

An event that would give voice to the professional driver, where they could stand up and state their opinions, share their experiences and expertise, ask questions and then get answers. An event where they could network and share their thoughts and ideas with others… who care.

Now, wouldn’t it be great to have others within the industry supporting these drivers, listening and being concerned and also uniting together?

Now, let’s take it one step further. Suppose this event could then reach the general public, creating awareness, understanding, and empathy for the professional driver…instead of resentment and disgust.

The First Annual Truck Driver Social Media Convention was created for this purpose. Unite, honor, recognize, and bring national awareness to the issues that face over 3 million professional truck drivers.

On October 15^th in Tunica, MS an assembly of those who believe and desire to be a part of such a vision and event will gather. People will be uniting, who realize that their strength lies within themselves and within others who share the same principles, ideals, standards, and values.
It will be a day of recognition and tribute.

We hope you share this vision and have the desire to be a part of this historical event where concern and networking can replace apathy and indifference.

United, we can all “Raise the Standards of the Trucking Industry.”

© 2011, Allen Smith. All rights reserved.

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In what was called the “Good Old Days”, truckers were known for their strong-willed, tough-as-nails persona, never to back down from a regulatory fight.

Running the road was their way of life, just give them the load, step back and let them do what they do best.  All they asked for was a decent week’s pay for a decent week’s work.

Back in those days, trucking companies treated the driver like part of the family;  at that time, they actually appreciated and respected the professional truck driver.

Then along came government

As time changed, it was obvious some things were necessary, such as:

• The NTSB which was established in 1967 as the federal government’s primary accident investigation agency for all modes of transportation.

• The United States Department of Transportation (DOT ) established on October 15, 1966 to ensure a “fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future.“

• The National Highway Traffic Safety Administration, established in 1970 by the Highway Safety Act of 1970.

• The FMCSA, established January 1, 2000, who’s job is to improve the safety of commercial motor vehicles and truck drivers through enactment and enforcement of safety regulations.

As highways and interstates grew more crowded, obviously the need to establish further regulatory bodies were inevitable.  However, as is the case so often with government, the hunger for power and money overtook common sense and decency:

• Many motor carriers began to look at drivers as a “dime-a-dozen” and saw the ability to make more money by exploiting drivers as cheap labor
•  Company paid CDL training programs were developed, which most keep the new driver in debt and working for thirteen to twenty five cents per mile
• New CDL license requirements gave us CDL training schools which for many, haul in thousands of dollars for the schools while leaving many CDL graduates with no job after completion.

As the industry grew larger and more efficacious, the driver became less important and money became the overpowering goal.  Through the years, drivers became worn down by the constant bombardment of regulations, rules and policies and for many, they have come to see the industry that they chose for their profession, become a relentless, constant attack against their personal livelihood:

• The ATA welcomes new Cross Border Trucking Program
• FMCSA proposes EOBR mandate
• States enact Anti-Idling Laws
• New HOS rules to take effect
• NTSB proposes cell phone ban for truckers
• FMCSA establishes Compliance, Safety, Accountability (CSA) program

During the 2011 National Truck Driver Appreciation Week, it should be pointed out to the ATA and regulatory agencies that “Appreciation Week” should be an event held all year long.  It is a good “week” to have, but then we will go right back to normal operation and treatment of our professional truck drivers.

Truckers’ Resistance Broken

On October 19th, 1954, The Hartford Courant, published 1923-1984, came out with the headline:  “Truckers’ Resistance Broken, Drivers Say.”   The story began with:

“Nine trucking companies today made good their threat to file a 10 million dollar damage suit against a striking AFL teamsters union and those firms that have signed contracts on the union’s terms.”

Needless to say, the companies won and the drivers were defeated.  Now, in 2011, perhaps we are seeing that the resistance of many drivers are also broken.  All too many comments from drivers show that their wills are broken and perhaps today’s professional driver no longer has the “fight” left in them.

As big trucking associations baby-spoon truck drivers with acts such as an “Appreciation Week”, next week . . . it will be “business as usual.”

It’s not the size of the dog in the fight, it’s the size of the fight in the dog

On the other hand, not all drivers are broken.  There are still those drivers who voice their opinions and concerns to the FMCSA, NTSB, the ATA and others.  There are still drivers who are not intimidated by these organizations and associations and continue to stand up for their rights through their blogs, articles, books and other forms of technological communication.

There are still, and always will be, those drivers that are unwilling to back down from a just cause.

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: ata, DOT, FMCSA, hos rules, NTSB, regulations, truck driver appreciation week, trucking

Fox Business Network

FOX  Business Network out of New York City has asked us to share  their upcoming coverage of the trucking industry which will begin today, September 13th, 2011:

FOX BUSINESS NETWORK PRESENTS COVERAGE OF TRUCKING INDUSTRY

FOX Business Network (FBN) presents a week-long special entitled “Regulation Nation” starting Tuesday, September 13th.  FBN will explore the ways that various regulations have impacted economic growth in America.

The trucking industry is trying to put the brakes on new rules that would lessen the number of hours drivers can work, to 10 from 11.  That one hour, plus a requirement to add electronic data recorders to all trucks, would cost “billions of dollars” in lost wages, new equipment costs and reduced productivity, according to the American Trucking Association.

What is odd is that the hours-of-service rules put in place in 2004 have worked well, and there’s nothing, the industry says, to prove that taking an additional hour away will lead to any further safety gains.

There are two sides to the story, however, as a large group of proponents support the changes as a sign of progress in the industry.  FBN will report live on the debate from various truck stops throughout the NJ area all week.

• When:  Tuesday, September 13th — Friday, September 16th, 2011
• Where:  FOX Business Network (FBN);  DISH Channel 206;  DIRECTV Channel 359

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: coverage, debate, FOX Business, trucking industry, trucking regulations

Interstate Truck Traffic

By: Andy Warcaba

The steady growth in truck traffic nationwide has increased the demand for parking along the Nation’s Interstate Highways.

There is a major controversy on a national level as to whether there is sufficient parking available for truckers.

Numerous articles and research are available supporting each proponent’s contention that either there is sufficient parking or that there is insufficient parking.

Views range from insisting that there is a real shortage of public rest areas and privately owned truck stops to the argument that there may not be a shortage, but rather a lack of information about where parking spaces are located.

Federal regulations that require commercial truckers to stop, for extended periods of time to rest and sleep, raises the question: who is responsible for providing rest area facilities?  Should taxpayers, commercial truck companies or truck-stop owners pay for extended-use parking for commercial truckers?

• The American Trucking Association continues to lobby for expansion of parking whether through public or private funding.

• The National Association of Truck Stop Operators (NATSO) opposes expansion of public rest area parking, suggesting that commercial truck stops offer the most affordable solutions.

• The position of the Federal Highway Administration (FHWA) is that the commercial truck stop and travel plaza industry, State highway agencies, and turnpike authorities should and will continue to be principal suppliers of parking facilities.

Public rest areas along the National Highway System were never intended and will never be sufficient to accommodate truck-parking demand. The major responsibility for providing parking for commercial vehicles should remain with private industry. States should continue to provide public rest areas to address short-term rest needs.

However long the debate continues, it is apparent through observation (during certain times of the day, especially after dusk) that many public rest areas are filled well beyond capacity. It is not unusual to see the trucks queuing out both ramps and onto the shoulder of the interstate highways.

Andy Warcaba, President of Andrew J. Warcaba & Associates, Inc., has worked on several rest area and service plaza improvement and re-development projects that have become very successful on North America’s Interstate Highway System. His knowledge of the restaurant and fuel industries coupled with his expertise in conducting a Request for Proposal Process including the components of strategic planning, condition assessment, financial feasibility and revenue projections, market assessment, motorist surveys, patronage and vehicle demand estimation, lease development and contract negotiation, and design/construction oversight have been instrumental in helping to re-image interstate rest areas and service plazas.

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: Andrew J. Warcaba Associates, Andy Warcaba, improvement, Inc., long term truck parking, parking areas, re-development, rest area, service plaza, trucking

Professional Truck Driver

We have often written about and discussed the lack of poor CDL training requirements within the trucking industry.  Due to the constant turning over of drivers, a never-ending revolving door exists between the CDL truck driving schools and the motor carriers.

On one hand, many see the responsibility of proper training belonging to the CDL school, while others comment that the real training begins with the motor carrier.

This email I received from a large CDL training school, places the responsibility on the carrier:

“We supply licensed but not polished drivers for the industry. All of the companies that we work with have trainer programs that put the finishing touches on these drivers. We simply prepare a student to be able to pass the CDL tests .”

Too many regulations have long been a burden on the trucking industry, including those which have made it necessary for a new entry-level driver to have to pay thousands of dollars to a CDL school in order to “be able to pass the CDL tests.”   We have discussed in detail, the many fraudulent schemes and mistreatment that takes place within the industry against CDL students and new drivers, including those by the driver trainer as well.

It is no secret that CDL trainees have been thrown out of the truck and left abandoned by their driver trainer.  Many of these cases have occurred due to no fault of the trainee other than being placed with a poor, unprofessional driver that has only been given the title of “trainer” by their company.  These acts of violence have been reported many times and do still occur, but now it is time to look at the other side of the story.

Violence Against CDL Trainers by Trainees

The CDL driver trainer has a very tough job to do.  With all the responsibilities that come with long-haul trucking, they now have the added encumbrance of ensuring that the new trainee can safely operate an 80,000 pound machine.  Not only is it physically challenging, it is very mentally challenging as well, and all too often the driver trainer becomes the target of violence by the trainee.

Driver trainers have been assaulted and threatened by trainees, both verbally and physically.  Reasons for their actions range between them feeling that the trainer is keeping them too long in the training phase to playing music on the radio too loud.  As ironic as it sounds, trainees that act this way toward their driver trainer do not even realize that they do so against the very person that holds the key to their career in their hands.

CDL training has many problems, many of which revolve around two strangers, being locked up in a truck together for twenty four hours per day, seven days a week, for weeks on end.  Violence against the driver trainer by the driver trainee is unacceptable for the professional trucking industry and steps should be taken to protect the trainer as well.  If trainees will verbally or physically assault the one person that can either make or break their new career, then how will they react to all the stress and responsibilities that come with being a professional over the road truck driver?

Preventing Violence by Trainees Against The Trainer

Because motor carriers are most often in constant need of drivers, the standard rule of thumb is to accept any qualified applicant that comes along and get them in the truck moving.  Today, qualified means those driver applicants with a clean Pre-Employment Screening (PSP), under the new CSA regulation.  In the past, a driver was considered qualified based on their driving record, credit report, DMV report and DAC report.

Under both of these qualification standards, unfit or unqualified applicants can still make their way into a driving position.  More standards should be enacted by the motor carrier to prevent the acceptance of truck driver trainees into the profession, that could prove to be threatening or violent against the trainer.

Trainee Criminal Background Check and Signed Waiver

As in the case of the TWIC card, the driver is usually responsible for paying for the FBI criminal background check.  If motor carriers are to be serious about CDL training standards, they must do a complete and thorough research on a driver applicant, especially a recent CDL graduate that is new to the industry and the trucking way of life.

• Trainees must sign an agreement, stating that they understand that workplace violence is any act of physical violence, threats of physical violence, harassment, intimidation, or other threatening, disruptive behavior.

• Signs of past anger or criminal activity, along with former charges of assault or threatening behavior should be investigated, and the trainee will be responsible for paying for the background check.

• Motor carriers should have the trainee sign a waiver stating that if at any time, the trainer feels threatened, either verbally or physically, the trainer has the right to abdicate their position as trainer, use the CMV to separate themselves from the threat, and the trainee will be immediately terminated with no responsibility by the trainer or motor carrier to provide transportation for the trainee back to their home base.

• Trainees must sign a waiver, understanding that any act of violence toward the trainer will result in the motor carrier contacting the proper authorities and legal action will be taken under the full extent of the law.

Motor carriers as well, should have in place a more strategic foundation for identifying those trainees that could pose a threat to the driver trainer:

• In-House Pre-Employment Screening — Utilized by the motor carrier’s personnel and legal departments, pre-employment screening techniques of trainees to include interview questions designed to recognize possible behavioral problems such as anger control issues.

• Risk Assessment Team – This team would work to determine the overall risk that the trainee could bring to the industry in relationship to workplace violence, and if appropriate, execute a plan to remove the trainee from further pursuing a career as a professional driver.

•  Recognition and Training Meetings — The motor carrier should hold regular meetings with their driver trainers on how to recognize ominous violent, intimidating, threatening and disruptive behavior from a trainee and know the proper reporting procedures to take.

• Driver Trainer Assistance Program — An established contact for the trainer to reach trained members in workplace violence, and assist the trainer, if needed, in removing him or herself from the violent situation.

Professional truck driving is for professionals.  Trucking is not a one-way street where the CDL graduate or new driver holds all the cards.  They too, have responsibilities and assaulting their driver trainer, in any form or fashion, should be unacceptable among the industry.

The driver trainer has the responsibility in determining if the trainee is suitable for holding the position as a professional CMV driver and furthermore, under the liabilities of the EEOC, the motor carrier will be, “liable for harassment by non-supervisory employees or non-employees over whom it has control.”  (e.g.,  driver trainees.)  Violence against the driver trainer by the trainee, should be taken very seriously by the motor carrier.

If the student CDL driver believes that they can mistreat the trainer in such a manner, then they should have no right in being able to call themselves a “professional” truck driver and they too, must face the consequences of their actions.

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: cdl graduate, CDL schools, cdl student, cdl trainee, cdl training, cdl truck driver training, driver trainer, truck driver training, workplace violence

Gas Tanker Trucks

The National Transportation Safety Board (NTSB) has recommended that all tanker trucks be retrofitted with anti-rollover devices, after further investigation into a 2009 tanker rollover accident in Indiana.

The report findings stated that the major cause of the accident was due to “the driver’s excessive and rapid evasive steering maneuver.”

According to NTSB Chairwoman, Deborah A. P. Hersman, “There are more than 1,300 rollovers a year involving cargo tank motor vehicles.”  She went on to say, “The NTSB has been concerned about the integrity of cargo tanks carrying hazardous materials for more than 40 years.”

The state of Florida alone, has seen several tanker explosions within less than five years with the most recent being August, 2011 in Satellite Beach, Florida.

The four key NTSB proposals are:

• Implement a comprehensive rollover prevention program with the FMCSA and the Pipeline and Hazardous Materials Safety Administration

• Have the PHMSA Analyze available accident data to identify cargo tank designs that are susceptible to failure for developing accident performance standards for newly-manufactured cargo tanks.

• Have the National Highway Traffic Safety Administration develop stability control system performance standards for all commercial motor vehicles and buses that have a gross vehicle weight rating greater than 10,000 pounds as well as to establish comprehensive minimum performance standards for all newly manufactured cargo tank motor vehicles.

• Have the Federal Highway Administration and the American Association of State Highway and Transportation Officials develop guidelines for identifying and protecting bridges that are vulnerable to collapse if struck by errant heavy commercial vehicles.

I would think that after 40 years, a regulation such as this, is long overdue.

© 2011, Allen Smith. All rights reserved.

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Technorati Tags: anti rollover, National Transportation Safety Board, NTSB, regulations, tanker trucks