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  • March 08, 2024 8:07 AM | John Rigney (Administrator)

    Navigating the aftermath: How to handle a truck-involved crash

    Mark Murrell

    When one of your trucks is involved in a crash event, it’s a stressful situation. There’s a lot to manage between helping your driver and working with the other parties involved.

    The first thing that sets people on edge is the number of players involved. The police? Sure. But that’s just the start. Remember it can also include governmental departments for the environment, plus insurance stakeholders, lawyers, paralegals, the media, bystanders, residents and more. Yikes.

    Now consider two things: your driver will have to deal with any number of these folks right in the middle of having one of the worst days of his or her career (and probably while being in shock); and the next thing these stakeholders are going to do is call you. Will you know what to say and what resources to mobilize? I caught up with John Farquhar from Summit Risk Solutions and Rick Morgan of Links Consulting to discuss this issue and what fleets should be doing when a driver is involved in a collision.

    Take care of your drivers

    When one of your drivers is involved in a crash -- after checking to see if they’re physically and mentally alright of course – give them support. Lots of it. They’re going to need it and you must help them understand their rights and responsibilities.

    ·        The police are going to talk to them, and your driver needs to know their rights (including what they should and should not be saying)

    ·        Their cellphone may be confiscated right away as evidence—the vast amount of information that can be gotten from the forensic data analysis of a phone has made cellphone confiscation an almost standard practice

    ·        Were they carrying hazmat? First responders will be asking them for details in order to manage the situation

    ·        Your driver will probably want to contact their family (which will be difficult when their phone has been taken)

    From policy to plan

    When the police, government officials and insurance partners call you, your team will need to be ready. And the press? If it’s a big event, they're going to write a story about you, whether you speak to them or not. Know what you want to say to them when they call so you at least have some input in how you are portrayed in the media. If the accident is especially severe, with loss of life, or significant property damage, consider hiring a PR person for counsel.

    All of this requires more than just having a broad-strokes policy; it requires serious thinking about who will play what role on your team, what their responsibilities will be and how you want to control the situation. It requires a plan. When building a crash response plan, here are five elements to consider:

    1.       Have a “serious event” team at your company More than a vague acknowledgment that managing the crisis should be the responsibility of 'management,' have a dedicated set of people with specific responsibilities. For example, driver outreach—there should be one person who will be the driver’s first point of contact when they need help, and this person should be responsible for checking on the driver’s welfare, notifying loved ones, and generally walking them through the process. Don't bounce the driver around by telling them to call this person for one issue and that person for another. They've been through enough, so make it easy for them. Another team member should be responsible for contacting insurance and legal stakeholders, and have a point person for dealing with the media. Smaller fleets may only have one or two leaders in the company available for these roles, but it's still critical that there is a clear understanding of who is doing what.

    2.       Don't leave your driver to figure it out themselves Given the enormous stress they will be under; even well-prepared drivers will have a tough time remembering everything they need to do if they are in a crash (and that is assuming they aren't injured). So, make sure they have simple, easy-to-follow protocols and just one number to call to get through to the serious event team at your company. What's more, know how you will get a replacement phone to your driver if (or when) theirs is confiscated for evidence.

    3.       Know what to say and what will be said Journalists will do whatever they can to find out about the situation and the people involved—and they will construct a story out of whatever they find. You can decide whether you want to give them information or not, but just know that they will write one either way. Make sure you know ahead of time what you want said, who is going to say it, and how (phone interview, email, etc.). Have that information scripted and available so the message you want to send is consistent. This also goes for passing information on to the rest of the company. Rather than letting rumors fly, make sure you are the one controlling the information flow to your team.

    4.       Practice Table talk your plan as if you were actually in the situation and you just got the call from a driver. Have the team leader clarify roles, troubleshoot communication and generally get people used to stepping into these roles when needed. Even better, run a drill. Have a driver work with you to put in a call as if they have had a crash event, but lead the rest of your crash team to believe that it is a real event. Afterwards, you'll be able to talk them through what went well and what didn't and give them a taste of the kind of stress they will be under when it happens.

    5.       Use your insurance partners If you're stuck on figuring out what else your plan should have, reach out to your insurer for guidance. Not only do they have experience, but they'll also be invested in making sure your plan is comprehensive (and they'll be thankful you're doing it in the first place).

    Remember that a serious event for a fleet is a 'when' rather than an 'if'; getting prepared for it to keep your people and company in control is a must do.


  • March 08, 2024 8:06 AM | John Rigney (Administrator)

    TOP 5 ACCIDENT RESPONSE TIPS FOR DRIVERS:

    Doug Marcello - My colleague, Tiffany Peters, addresses what drivers should do after the accident.

     

    Accidents happen unexpectedly, even to the best drivers. Knowing what to do beforehand is critical. Proper accident response will better position you to defend yourself and your company if a lawsuit is filed. In some instances, your response may even prevent a lawsuit. Below are the top 5 tips to keep in mind when preparing to respond to an accident.

    1. Pictures.

    ·       If it is safe to do so, take pictures of:

    o   all sides of the vehicles involved, including the points of impact,

    o   the roadway, traffic signs, and any marks or debris, and

    o   the license plates of any witnesses who stop.

    ·       It is best to leave the vehicles where they are until the police arrive and ideal if you can leave them there until you have coordinated with a reconstruction expert. If any vehicles must be moved to prevent another accident, try to document their locations as best you can with photos before moving.

    ·       Look around for any surveillance cameras nearby that may have captured the accident.

    2.  Silence.

    ·       Do not talk with anyone unless absolutely necessary.

    ·       You will have to talk to your company, your attorney, and first responders. Unless approved by your attorney, do not talk with anyone else.

    ·       DO NOT DISCUSS FAULT WITH OR APOLOGIZE TO ANYONE.

    3. Social Media.

    ·       Avoid posting ANYTHING on social media about the accident.

    ·       Check your privacy settings regularly. Plaintiffs’ attorneys will look for anything they could show a jury that makes you look bad – even content that is unrelated to your driving or to the accident.

    ·       While admissibility can be fought, it is better to not have it out there.

    4. Citations.

    ·       Just because you were not given any tickets at the scene does not mean you are in the clear. In Pennsylvania, for example, a ticket can be issued up to 30 days after the accident, but if someone claims to be injured, then the time is extended to a year.

    ·       Make sure to check your mail regularly. You are supposed to respond to citations within 10 days in Pennsylvania.

    ·       It is important to know the effect of a citation and your response to it in the state where it occurred. Before pleading guilty to be done with it, talk with your attorney to make sure you know the answers to the following:

    o   Can my plea be used against me in a civil action?

    o   Will this cause a suspension of my operating privileges?

    o   Does this carry points?

    o   Is this considered a serious or major offense?

    o   If in another state, what will my home state do with this?

    o   Are there any other potential consequences to be considered in this instance?

    ·       Do not forget that Pennsylvania limits your time to appeal to 30 days. In other states, the time for response to a citation or the appeal of the judgment may differ.  

    5.  Police Report.

    ·       Get a copy of the police report and review it for accuracy while everything is still fresh in your mind.

    ·       If anything is wrong, like the location, see if you can get the officer to change it.

    This is not an exhaustive list and assumes accident response measures are taken such as securing the scene with DOT triangles or warning flares, checking if anyone is hurt, reporting the accident to your company and authorities, and protecting against any immediate danger posed by hazmat materials. Before an accident happens, familiarize yourself with company guidelines and be ready to follow them. We would be happy to provide accident response packets for free – just send an email to Tiffany Peters at [email protected] .


  • February 29, 2024 9:58 AM | John Rigney (Administrator)

    On February 29, 2024, FMCSA removed the following ELDs from the list of registered ELDs due to the providers’ failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A.

     

    ELD Name

    Model Number

    ELD Identifier

    ELD Provider

    CI ELD LOGS

    CILGS

    CRS270

    CV Options LLC

    CN ELD

    CNCTNOW

    CRS235

    ELD CONNECTION

    KSK ELD

    KSK1.0

    KSKA01

    KSK Group, Inc.

    TT ELD 30

    PT30

    TTAH47

    TT ELD Inc

    TT ELD 1010

    IOS-1010-WBG

    TTAH48

    TT ELD Inc


    These ELDs now appear on FMCSA’s Revoked Devices list.

    Motor carriers and drivers who use the ELDs listed above must take the following actions:

    1. Discontinue using the revoked ELDs and revert to paper logs or logging software to record required hours of service data.
    2. Replace the revoked ELDs with compliant ELDs from the Registered Devices list before April 29, 2024.

    arrows circling a checkmark

    Motor carriers have up to 60 days
    to replace the revoked ELDs
    with compliant ELDs.

    Motor carriers and drivers who continue to use the revoked ELDs listed above on or after April 29, 2024, will be in violation of 49 CFR 395.8(a)(1)—“No record of duty status” and drivers will be placed out-of-service in accordance with the Commercial Vehicle Safety Alliance (CVSA) OOS Criteria.

    If the ELD providers correct all identified deficiencies for their devices, FMCSA will place the ELDs back on the Registered Devices list and inform the industry and the field of the update. However, FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that these deficiencies are not addressed by the ELD providers.

    Questions?
    Contact [email protected].


  • February 23, 2024 2:04 PM | John Rigney (Administrator)

    The Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued this safety advisory to provide notice of the possibility of catastrophic failure of certain hazardous materials packages commonly known as “nurse tanks.”

    Nurse Tank Safety Advisory

    The Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued this safety advisory to provide notice of the possibility of catastrophic failure of certain hazardous materials packages


  • February 23, 2024 9:54 AM | John Rigney (Administrator)

    Federal trucking regulators are planning an in-depth research study that will analyze data collected by approximately 80 carriers and 2,500 commercial motor vehicle drivers to help determine the frequency and severity of detention time drivers face when making deliveries.Those drivers and carriers chosen for the study will collect and provide 12 months of data toward an end of helping provide strategies to mitigate driver detention time, according to the Federal Motor Carrier Safety Administration.

    The study sample will include a variety of carrier operations, including longhaul/shorthaul, private/company fleets, for-hire fleets, port servicing (primarily chassis), owner-operators, hourly and mileage-based operators, truckload, less-than-truckload and dedicated local delivery.

    “Detention time refers to the extra time truck drivers wait at shipping and receiving facilities due to delays not associated with the loading and unloading of cargo,” said a Feb. 16 FMCSA notice seeking public comment. “Drivers are often not paid for this extra time.”

    Public comment on the new detention time study announcement must be received on or before March 18.


  • February 23, 2024 8:52 AM | John Rigney (Administrator)

    The Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) issue this safety advisory to provide notice of the possibility of catastrophic failure of certain hazardous materials packages commonly known as “nurse tanks.” See Title 49, Code of Federal Regulations (49 CFR) §173.315(m).

    Background
    This notice focuses on nurse tanks manufactured from January 1, 2007, through December 31, 2011, by American Welding and Tank (AWT) at its Fremont, Ohio plant. Nurse tanks manufactured by AWT from 2009 to 2010 were the subject of a prior FMCSA investigation and enforcement action in response to improper manufacturing procedures.

    The FMCSA and PHMSA nevertheless strongly recommend that owners of AWT nurse tanks manufactured between January 1, 2007, and December 31, 2011 that are exempted from periodic inspection and testing requirements as described above, conduct voluntary periodic visual inspection in accordance with 49 CFR §173.315(m)(2)(i); thickness testing in accordance with 49 CFR §173.315(m)(2)(ii), and pressure testing in accordance with 49 CFR §173.315(m)(2)(iii). Note these dates reflect the years of manufacture that failed testing.

    For owners of affected AWT nurse tanks unable to conduct voluntary pressure testing, FMCSA and PHMSA recommend that either radiographic or ultrasonic testing be conducted. While the period of voluntary inspection and testing is at the discretion of the nurse tank owner, FMCSA and PHMSA recommend conducting the inspection and testing at least once every five years consistent with 49 CFR §173.315(m)(2)(iv).

    For more information, or if you have a question concerning this Safety Advisory, please contact Paul Bomgardner, Chief, FMCSA Hazardous Materials Division, at (202) 493-0027, or by email at [email protected].

    ___________________________


  • February 20, 2024 11:05 AM | John Rigney (Administrator)

    The Federal Motor Carrier Safety Administration published an alert for motor carriers with authority about phishing attempts by criminals posing as agency auditors via email. The "fake safety audit" attempt is taking the form of emails to registered entities, including motor carriers, "pretending to be FMCSA" notifying you of the "need to schedule a safety audit," the agency said.

    In the email, there's a link that looks as if it goes to a legitimate URL on the Safer website, mirroring FMCSA's MCS-150 form updates. Yet the page includes entry fields requesting a carrier's PIN, Employer Identification Number (EIN), and Social Security number.

    Having all of those elements would "allow the unauthorized party to gain access to your FMCSA account," FMCSA said. With such access, crooks would get the keys to the kingdom and could change information to impersonate carriers and other entities in fraudulent freight transactions.  

    The email containing the link is "very convincing this is coming from FMCSA," the agency said, at first glance.  

    FMCSA shared this image of the problem module on the web page the email linked to, crafted to look official.FMCSA shared this image of the problem module on the web page the email linked to, crafted to look official.

    Official safety-audit communications, the agency added, will "typically come directly from an FMCSA dedicated mailbox, or from the entity within the State that has been assigned the responsibility to conduct the safety audit. While these emails typically end in a .gov" extension, we encourage our stakeholders and customers to verify any email or communication they feel to be suspicious with the appropriate agency or contact your FMCSA Division Office directly to clarify." Find all division offices at this link. 


  • February 12, 2024 11:04 AM | John Rigney (Administrator)

    Washington, D.C. (Feb. 12, 2024) – The Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck is scheduled for May 14-16. International Roadcheck is a high-visibility, high-volume commercial motor vehicle inspection and regulatory compliance enforcement initiative that takes place over three days in Canada, Mexico and the United States.

     

    CVSA-certified law enforcement personnel will inspect commercial motor vehicles and drivers at weigh/inspection stations, temporary sites and mobile patrols to verify compliance with federal, state, provincial or territorial regulations. Data from the 72 hours of International Roadcheck will be collected and the results will be released this summer.

     

    Each year, International Roadcheck places special emphasis on a category of violations. This year, International Roadcheck will have two focus areas – tractor protection systems and alcohol and controlled substance possession.


  • February 05, 2024 9:40 AM | John Rigney (Administrator)

    A. Duie Pyle is owned and operated by the Latta family. From left: Billy Latta (4th generation), Frank Granieri (4th generation), Peter Latta (3rd generation), Jim Latta III (3rd generation) and Jack Latta (4th generation).

    1. OPERATIONS

    Fleet celebrates 100 years of putting people first

    Feb. 1, 2024

    A. Duie Pyle has big plans for its centennial. The FleetOwner 500 fleet isn’t just celebrating, it’s expanding.

    Jade Brasher

      A. Duie Pyle, a transportation and logistics services company, will turn 100 this year. Since its inception on April 1, 1924, the company, named after its founder, has been family-owned and operated. The company kicked off its centennial year with the opening of a new facility in Maine. John Luciani, A. Duie Pyle COO, said it would be the first of many this year. 

      Pyle (No. 80 on FleetOwner Top 500: For -Hire) currently owns 4.4 million square feet of warehouse space, and the opening of an additional five facilities will add thousands to Pyle’s total footprint by the end of the year. The company has experienced growth over its 100-year history, but it wasn’t until 1994 that physical growth began. 

      “From 1924 to 1994, we were a one-terminal operation servicing southeastern Pennsylvania,” Luciani told FleetOwner. “From ‘94 to where we are today, we've opened 20 additional service centers, and we've got plans to continue to grow further expanding our service and direct footprint in the Northeast.” 

      Pyle previously leased one terminal to the now defunct Yellow Corp. in Queens, New York, which will be converted to a Pyle service center later this year. The carrier also purchased four additional terminals, previously owned by Yellow, through auction. Once those terminals have been brought up to the company’s standards with repairs, repaving the yard, and other maintenance—or “Pylized,” as Luciani said the Pyle team calls it—those facilities will also support Pyle’s existing network. Luciani said the plan is to open those facilities by the end of the second quarter, bringing the total number of Pyle facilities to 34. 

      This growth has allowed Pyle to serve customers across the East Coast from North Carolina to Canada and as far west as Cleveland, Ohio. 

      A. Duie Pyle

      freightliner_cd_grass

      Investing in growth 

      Luciani joined A. Duie Pyle in 2010 when the company had 13 LTL service centers. Luciani attributes the company’s growth to “competitive opportunity,” but most of the growth, he says, spurred from the quality services it brings to its customers. 

      “What's driven our growth is the quality of our service, our longtime service performance, and requests from customers looking to have a better-quality service in a specific geographic market,” Luciani told FleetOwner.   

      Leadership is another factor that Luciani said contributes to Pyle's growth.  

      “We've had the same family ownership since April 1, 1924,” Luciani said. “They always put their money where their mouth is and pledge the profits of the business back into the business. As a result, we've grown pretty significantly.” 

      The company may be turning 100, but its leaders think progressively and want Pyle to be an “employer of choice” by offering career growth opportunities to the 4,000 employees that have made Pyle what it is today, Luciani told FleetOwner. 

      “We create service to the efforts of people,” Luciani said. “If the people believe in what we're doing, and they trust what we're doing, and they're proud of where they work and what they do, and they make a fair rate wage and have solid benefits—it's a good recipe for long-term success.” 

      A. Duie Pyle

      From left: Peter Latta (3rd generation), Billy Latta (4th generation), Jack Latta (4th generation) and Frank Granieri (4th generation).

      From left: Peter Latta (3rd generation), Billy Latta (4th generation), Jack Latta (4th generation) and Frank Granieri (4th generation).

      Celebrating Pyle’s people 

      To celebrate A. Duie Pyle’s 100 years of success, multiple events have been planned to show appreciation for its employees, customers, and some of its vendors. At these events, Pyle will treat its full-time, part-time, and retired employees, as well as their spouses or significant others, to a dinner with employee recognition and celebration. Employees will receive a history book of Pyle, a commemorative coin, and a special edition 1918 International model truck—the same one owned by the founder when the company began. 

      It’s important to the Pyle team to include retired employees in the celebration because they helped create and build the foundation that Pyle continues to build on, Luciani told FleetOwner. 

      “It's a people business. Whether it's somebody loading the truck, unloading the truck,or doing the final-mile delivery, it's always going to be a people business,” Luciani said. “We want to make sure that we take care of our Pyle people, because it's more than just a tagline on our trucks. Our logo, ‘Pyle People Deliver,’ ... that's our culture.”


    • February 02, 2024 10:15 AM | John Rigney (Administrator)

      The Federal Motor Carrier Safety Administration is proposing changes to CDL testing aimed at streamlining the process.

      A notice of proposed rulemaking will publish Friday, Feb. 2, in the Federal Register in a move that FMCSA said it believes will “improve the efficiency and convenience of CDL issuance and improve highway safety by further ensuring the integrity of third-party CDL knowledge testing.” Proposed changes, among them some that would make permanent for all conditions for which the agency has granted numerous waivers in past, are as follows: 

      “FMCSA believes the proposed changes will further address CMV driver shortages, enhance supply chain stability, and provide appropriate regulatory relief without impacting safety,” the agency said in the NPRM. In fact, FMCSA said, the proposal with the change related to third-party knowledge-test examiners. 

      As noted, some of the changes being proposed have already been granted as exemptions from the regulations in recent history. A number of large fleets, including C.R. EnglandNew Prime and more, have held exemptions that allow CLP holders who have passed the CDL skills test to operate without a CDL holder in the passenger seat.

      The third-party testing, 14-day eligibility and out-of-state testing regs were waived for at least parts of the COVID-19 pandemic, as well, as state driver’s license agencies were operating on a limited basis or struggled with staffing issues.


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    John's Safety Minute

    My name is John Rigney and I am a retired Pennsylvania State Trooper. I retired in July of 2011 as a Sergeant in charge of Staff Services at Troop J, Lancaster. While there I received extensive training in emergency response with PEMA and FEMA. I was heavily involved in Motor Carrier safety and was certified by PADOT and FMCSA as an instructor for the roadside inspection processes. I hold a Bachelor of Sciences degree in Forest Products from the Pennsylvania State University. I also hold a Certified Safety Supervisor accreditation from the National Transportation Management Institute (NATMI) which is administered by the University of Central Florida. 

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