Large truck traffic is much higher here in Indiana and Illinois than in the rest of the United States because of the interconnected commercial trucking routes that ramble through our area. There is a good reason our part of the country is known as the “Crossroads of America.”
Huge Volume of Commercial Truck Traffic Moves through Our Area
It’s only going to get busier. Economists with the Indiana Department of Transportation predict that by 2040, there will be a 60% increase in the amount of freight transportation moving through the State of Indiana. The state welcomes this increase, inviting cargo to move through its heralded “world-class transportation infrastructure …” that offers a “… strategic location serving regional, national, and international markets.”
Already, we have a huge volume of commercial freight traffic. Each year, an estimated 724 million tons of freight moves through Indiana; around 33% of that cargo “…passes through the state without stopping.”
Being a transportation hub is a good thing for our economy, of course. However, it is also a serious and continuing concern for those who monitor and advocate for roadway safety and the serious danger we all face here from severe or fatal truck crashes. The bigger the boom in freight traffic, the higher the risk we all face for being victims of fatal truck accidents.
Risk of Truck Driver Fatigue and Fatal Crashes
One of the preeminent reasons for fatal truck accidents involving big rigs, semi-trucks, 18-wheelers, tractor trailer trucks, and other large commercial vehicles is truck driver error caused by a drowsy driver or a victim of driver fatigue.
The more big rigs, semis, tractor-trailers, 18 wheelers, etc. are on our roads, the higher the risk of a deadly truck crash involving a commercial vehicle.
Combating fatal truck crashes caused by trucker fatigue is one of the goals of the Electronic Logging Device (ELD) rule passed by the Federal Motor Carrier Safety Administration (FMCSA). Essentially, this is a new federal law that became effective in December 2017. It replaces paper logs that track the truck driver’s hours on the road and compliance with Hours of Service (HOS) Rules with an electronic tracking device called an ELD.
We’ve discussed the ELD in prior posts; for details, read:
- Truckers Hate New ELD Automation, But Drowsy Drivers Cause Fatal Crashes
- Automatic Recording of Truckers’ Hours on the Road: Why Some Are Against the ELD Rule
- December 2017 Federal ELD Rule and Fatal Truck Crashes.
Small Business Truck Drivers Denied Exemption: Independent Truckers Must Use ELDs
This week, FMCSA denied a formal request from the Owner-Operator Independent Drivers Association (OOIDA) that its members be granted an exemption from the mandatory ELD regulation.
OOIDA is the national trade association for independent, professional truck drivers. OOIDA argued that its members who qualified as small business owners with an established safety record and a satisfactory federal safety rating be given 5 years freedom from having to comply with the ELD rule.
Others had already requested similar exemptions which were granted, including a similar five-year waiver request made by the Motion Picture Association of America. So, why would an exemption be granted for “… all commercial motor vehicle (CMV) drivers providing transportation to or from a theatrical or television motion picture production site,” but not for OOIDA truckers?
From OOIDA President Todd Spencer:
“We are puzzled and disappointed at the response from the agency. For months, the FMCSA has been granting exemptions to other organizations, some not even actually in trucking, but relying on trucks for their businesses.”
Independent Truck Drivers’ Concern with Electronic Logs
These truck drivers have several continuing concerns regarding ELDs. Among them are the following:
- They argue on constitutional grounds, that the electronic trackers violate Fourth Amendment protections against unreasonable search and seizure.
- They wonder if there is evidence to substantiate that electronic trackers do a better job of logging the truck driver’s activity than traditional paper logging.
- And, perhaps, the biggest concern is that these devices may or may not end up being compliant with FMCSA standards. If a truck driver invests in an ELD in order to meet the December 2017 mandate and then that device fails the FMCSA process, then what? These things are not cheap.
See, e.g., “Electronic logging devices: Detractors persist as frequently challenged mandate takes effect,” written by Kevin Druley for Safety and Health Magazine and published on April 22, 2018.
Are ELDs Making Roads Safer and Preventing Deadly Truck Crashes?
The goal for the controversial Electronic Logging Devices is to boost compliance with the new Hours of Service rules that work to force truck drivers into taking rest breaks and sleep stops while on the job. This, in turn, reduces the risk of driver fatigue and drowsy drivers. Truck drivers that are not alert are more likely to make a mistake while driving and cause a deadly accident.
However, there has been heated and continuing controversy both over the HOS Rules as well as the ELDs. So, for those that have been using electronic log devices, can researchers confirm whether or not they really do help?
According to FMCSA, the agency’s tracking of HOS violations in driver inspections has declined as the use of ELDs has risen. In May 2017, there was 1.31% reported HOS violations; by May 2018, there was less than 0.64%.
Fight Continues Over Monitoring Truck Drivers and Battling Truck Accidents
With these results from federal driver inspections, it would seem that things would be clear and agreed among everyone interested in keeping truck drivers safe as well as other potential victims of a fatal truck crash. This is not the case.
In our next post, we will discuss the continuing danger of deadly truck crashes due to drowsy driving and driver fatigue as controversy continues over HOS Rules and ELDs, including newly proposed Congressional legislation that will limit FMCSA’s regulations if it becomes law.
For those of us who drive the interstates and state highways alongside these heavy-laden commercial trucks filled with freight, it is vital that we are aware of the continuing danger these cargo-carriers bring to the roadway. Please be careful out there!
