This is the TDMST Weekly Round-Up of news affecting professional truck drivers, written by Vicki Simons for the week ending July 18, 2020.
We welcome your comments, thoughts and feedback on the items of your choice below.
1. Regarding “emergency conditions” and HOS:
We ought not need this refresher, but I will review it anyway (with emphases added):
- FMCSA stands for “Federal Motor Carrier Safety Administration”; and
- DOT stands for “Department of Transportation.”
According to the FMCSA’s website:
- “A motor carrier transports passengers or property for compensation” (indicating that it might be the vehicle): and
- “The term ‘for-hire motor carrier’ as defined in part 390 means a person engaged in the transportation of goods or passengers for compensation” (indicating that it is the driver).
In either case, it stands to reason that — if one or more people is threatening the safety or transportation of a “motor carrier” — folks at either the FMCSA or DOT (or both) would be greatly concerned and actually do something genuinely helpful.
This is especially true since 18 U.S. Code §1951 covers “Interference with commerce by threats or violence” in this way:
(a)Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.
In my opinion, it is completely unacceptable how the USDOT Agency [Explained] Why It Won’t Investigate I-35 Protesters for Hazmat Violations!
Be that as it may, professional truck drivers (and their home support teams) had every right to be upset or enraged that the only guidance provided by the FMCSA — in light of all of the recent trucker-aimed violence — was to refer them to:
§395.1 Scope of rules in this part. (b)(2)
(2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.
An article about this on Transportation Nation Network — Truckers Are Outraged Over FMCSA’s New Guidance on What to Do If Attacked — stated:
“Out of the hundreds and hundreds of comments TNN received, we couldn’t find one supporting the Agency’s position.”
One trucker chided: “So if I understand this correctly, after they have you stopped on a highway and you’re beaten, robbed, shot or murdered, you can still continue with your delivery without violating the HOS.”
It is ultra-important that you do everything in your power to protect yourself, your truck and the load you’re hauling — and seek to be lawful in the process.
Other articles on this topic include:
- ‘Emergency conditions’ HOS exception applies to drivers encountering dangerous situations, FMCSA says
- ‘Emergency conditions’ provision in HOS for civil unrest
- FMCSA issues guidance for truck drivers who encounter threatening situations on the road
- FMCSA Says Truckers Who “Fear for Their Safety” Amid Protests and Violence Can Do This
Meanwhile, according to the articles listed here, the FMCSA once more extended their exemption of the Hours of Service until August 14 — but only for specific loads (which unfairly tilts the trucking landscape, in my opinion):
- CCJ Daily Dispatch, July 14: FMCSA extends some virus HOS waivers; ATA reports trucking’s latest annual revenue stat
- COVID HOS Exemptions Extended Yet Again
- FMCSA Extends COVID Emergency Relief Exemption
- FMCSA extends emergency declaration until Aug. 14
- FMCSA Extends Emergency H.O.S. Exemption, “Considering” Petition to Delay Final Rule
- FMCSA extends historic 50 state HOS waiver through mid-August
- FMCSA extends hours of service waiver for some loads
- FMCSA extends hours of service waiver to Aug. 14
- U.S. extends emergency relief for specific Covid-19 loads
Other articles addressed different aspects of the supposedly-coming Hours of Service regulations change:
It is absolutely unbelievable that in the face of all of the violence that truckers have faced on the road over past weeks, that the DOT is patting itself on the back for how much money they are going to be saving taxpayers, partly due to the supposedly-coming Hours of Service regulations change!
- DOT says new HOS rules will save taxpayers $4 BILLION
- US DOT claims $90 billion saved under Trump
- USDOT Touts $90 Billion in Savings From New Reforms Like H.O.S. Final Rule
2. Regarding protests:
Please be aware of where protests are planned and stay abreast of reports about what has happened and is happening:
- ALERT: BLM Protesters to Shut Down I-490 Until “Demands Are Heard”
- Lawmaker With CDL Demands USDOT Secretary Act to Stop Highway Protests
- Oregon Police Issue Warning About Shootings Along I-5, One Semi-Truck Hit
- Organizers of D.C. Trucker Protest See Glaring Double Standard… “No Justice for Drivers”
- Police Say Truckers Coming Under Gunfire Attacks in Michigan and Wisconsin
- Protesters plan to shut down I-490 this weekend
- Trucker Escapes Uninjured After Taking Gunfire Leaving 4 Bullet Holes in Semi
- Truckers under fire in 3 states this week
3. Regarding accidents:
Accidents involving big trucks seem to be increasing again and many of them are completely preventable:
- Big Rig Gets Stuck on Train Tracks Resulting in a “Condiment Catastrophe”
- Sleepy truck driver caused fiery accident
- Suicide by truck – Man intentionally drove his vehicle into a semi
- Truck Driver Ends Up in the Hospital After Robbed and Hit by Car
- Truck driver faces multiple charges in crash that killed 4 children on I-70 in Indiana
- Truck loaded with food hit by train in Texas
- Truck runs over light pole and drags it
- Trucker involved in fatal Indiana accident arrested
- Trucker pinned between trucks at Illinois truck stop
- Trucker Runs Over Man “Hiding” Under Semi in Walmart Lot, Investigation Ongoing
- Trucker Suffers Injuries While Helping Swift Driver Attempt to Park at Truck Stop
- Update: Truck driver involved in fatal accident that killed 4 juveniles had previous drug convictions
Other articles about accidents include:
- Four Young People Dead in Fiery I-70 Construction Zone Crash, Trucker to Face Charges
- Trucker Charged With Nine Felonies in Crash Killing Four Children Released From Jail
- Truck Driver Found Shot to Death Inside Semi-Truck Parked Along Interstate
- Truck driver sentenced to 9 years for 8 vehicle pileup that killed mom and twins
- Truck driver who killed 4 children did not slow, report says
This article highlights how a trucker can be doing everything right and yet have his/her perfect driving record besmirched by another motorist:
Elderly motorist ends gravel truck driver’s 22 year accident free streak.
This is one reason why I oppose longevity bonuses that hinge on being completely accident-free.
4. Regarding recall:
A brake issue in Freighliner Cascadias has prompted Daimler to issue a recall, according to these articles:
- 164,000+ Freightliners Recalled For Brake Issue
- 180K Freightliners recalled for brake defect that could cause ‘sudden change in vehicle direction’
- Daimler Trucks recalling nearly 183,000 Freightliner Cascadias
- More than 160,000 Freightliner Cascadias recalled over automatic braking system issue
- Risk of Sudden Braking Issue Prompts Daimler to Recall 180,000 Freightliner Cascadias
5. Regarding autonomous trucks:
The articles about autonomous, driverless, or self-driving trucks this week include:
- 8 autonomous trucking questions for Navistar’s Chris Gutierrez
- Autonomous trucking startup Plus.ai reportedly seeking $60M
- Navistar Aims To Begin Self-Driving Truck Production In 2024, Purchases Stake In Self-Driving Startup – TruckersReport.com
- Navistar and TuSimple Partner to Bring Self-Driving Trucks to Market by 2024
- Navistar partners with TuSimple on autonomous truck development
- Navistar takes a stake in TuSimple, companies aim for fleet-ready autonomous truck by 2024
- Navistar to sell self-driving semi trucks by 2024
- Navistar, TuSimple Partner to Bring Self-driving Trucks to Market by 2024
- Navistar, TuSimple Partner to Produce Self-Driving Class 8 Trucks
- Waymo Outlines Plans to Integrate Autonomous Trucking in Fleets
6. Regarding dead and heat:
Years ago, I wrote the very long article “A Hot Truck: On Summer Heat, Truck Heat and Bake Oven Conditions” and stated, “Based on what we’ve been able to find, there is little formal research on the subject of measuring the temperature inside large trucks, that is, how hot a hot truck can get.”
Well, more information is available now, thanks to Think it’s hot outside? Here’s how much hotter it can get inside your truck, which includes an image showing the “Estimated Vehicle Interior: Air Temperature vs. Elapsed Time.”
So when there are forecasts like this, watch out!
Scorching heatwave to hit high-volume reefer market (with forecast video).
Although the first article listed here does not mention the heat inside the truck, the second one does:
- 40-Year Trucker and His Dog Found Deceased Inside Big Rig at California Truck Stop
- Truck driver and dog found deceased in hot truck
The second article states, “Officer Carson told CDLLife that it appears that it appeared that the truck had been running but that it had run out of fuel and the windows in the truck were up.”
Our sympathy goes to the trucker’s family.
Meanwhile, we read in this article — Dozens of People Discovered in Deadly Hot Semi-Trailer, Trucker and Passenger Arrested — “the inside trailer temperature was recorded at 126.1 degrees Fahrenheit.”
Heat can turn deadly.
Remember that human beings are not cargo!
Never attempt to smuggle people.
Other recent articles about attempted human trafficking or smuggling attempts include:
- In case involving human trafficking charges by Mexican truck driver, insurance company Landmark won’t be defending
- Teens driving tractor-trailer attempt to smuggle 23 illegal immigrants at U.S. Southern border
- Two teenagers caught smuggling 23 immigrants in semi truck
- Two U.S. Teens Arrested in Large Big Rig Human Smuggling Attempt
7. Regarding economy and trucking domination:
The following articles all address some aspect of the trucking industry and the economy:
- Class 3-8 Sales See Drop Year-Over-Year
- May Trucking Conditions Index Bounces Back, But Still Negative
- Truck market recovering, but not ‘out of the woods’ yet
- Trucking Did Nearly $8 BILLION in Revenue in 2019, 97% of Fleets Are 20 Trucks or Fewer
- Trucking generated $791.7 billion in revenue in 2019
And the American Trucking Associations reported that trucking remains the dominant mode of freight transporation, with nearly 12 billion tons of freight moved in the USA in 2019:
- ATA: Trucking Remains Dominant Freight Mode
- ATA: Trucking still rules freight movement
- Trucks moved almost 12 billion tons of freight across America last year, ATA report shows
- U.S. trucking industry moved 11.84B tons of freight last year
I’m interested in seeing what the numbers look like for 2020.
8. Regarding electric and “zero-emissions” trucks:
One of the big topics this week regarded an agreement about the push for “zero emission” trucks and electric trucks:
- Electric commercial trucks gain support from U.S. governors
- Fifteen states and D.C. pledge 100% zero emission trucks by 2050
- Governors embrace zero-emission truck targets
- States enter pact to ban truck emissions, major OEM presses for self-driving rig by 2024
- The Daily Dash: More states consider electric-truck mandates; stay safe and ignore HOS; why electric?
- The Daily Dash: Zero-emission truck push is on, C.H. Robinson & Microsoft team up, and the vision of Nikola Tesla
If you’re an owner-operator or independent trucker looking to upgrade your truck, please evaluate your purchase in light of these developments.
9. Regarding illegal and drugs:
Over and over again, I have stated that it is not worth it to try to transport illegal drugs, recent articles about which include:
- Drug Smuggling Trucker Recants Elaborate Hostage Hoax, Faces Life in Prison
- Truck carrying $31 million worth of meth seized in Texas
- Trucker Arrested in $30.5 MILLION Big Rig Meth Smuggling Bust
- U.S. Border Patrol agents seize 1,500 pounds of meth stashed in truckload of fresh onions
It is not worth it to indulge in watching videos while you’re supposed to be driving.
This is called “distracted driving” for a reason!
Regarding these news reports,
- Truck driver accused of watching porn before fatally striking worker gets 4 years; and
- Porn-Watching Truck Driver Sentenced to Prison for Causing Deadly Crash,
my first thought was, “That’s it? A highway worker was killed by a trucker who ‘pled guilty to charges of criminal vehicular homicide and criminal vehicular operation,’ and he was sentenced to only ‘four years and four months in prison’?”
That doesn’t sound right to me.
Other truckers have tried doing a variety of illegal things:
- Canadian trucker charged with bulk cash smuggling
- Trucker and Accomplice Busted in $200K Attempted Nut Heist… But That’s Not All
- Trucker receives prison time for role in oil theft ring
Come on, y’all.
Love your neighbor as you love yourselves.
Do unto others as you would have them do unto you.
10. Regarding innovation and solar:
In the July 10, 2020, article “Georgia DPS Stirs Controversy by Showing Off Portable CMV Brake Testing Machine,” we read:
“A Georgia Department of Public Safety (GaDPS) Facebook post showing off its new ‘Portable Brake Testing Machine’ for commercial motor vehicles (CMV) is getting a bit of push back.”
Remember to keep your truck’s brakes properly adjusted at all times.
This was inspiring:
Man builds solar-powered truck and travels across the country.
I have long been interested in why trailer manufacturers don’t utilize all of that space on trailer roofs to harness the sun’s power.
I’m glad someone came up with a great idea and implemented it.
Hopefully, there will be more inventions of this kind in the future!
11. Regarding major hiring liability:
Quite some time ago, I questioned the reason why a trucking company would deliberately hire a trucker whom they knew had a poor record.
Well, this article reveals: Exclusive: Owner knew drug history of trucker charged in deadly I-70 crash.
Can you spell “liability”?
Now, how does this affect you?
Don’t go to work for trucking companies that cut corners like this.
If they cut one corner, chances are they’ll cut other corners — and you could wind up being on the short end of a deal.
12. Regarding vindication:
Never mess with whistleblowing truckers who understand the need to shutdown or otherwise refuse to drive (put a truck out of service) under a “captain of the ship” policy.
We read this week — and applaud the ruling — that a Company Must Pay Trucker $190K After Firing Him for Refusing to Haul Overweight Load.
Hurray! Vindication!
13. Congratulations!
Our heartiest congratulations go to the Mississippi driver [who won a] new Cascadia in Landstar drawing.
Woohoo!
My husband Mike and I wish you — and all professional truck drivers — safe travels and lots of money saving opportunities on the road.
Return from TDMST Weekly Round-Up: 2020.07.18 to our “”TDMST Weekly Round-Up Trucking Commentary or our Truck Drivers Money Saving Tips home page.