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INVESTIGATING TRUCKING
                                   June 2005

                                                                    IRE 2005 Conference
                                                                            Denver, CO
                                                                     From Rails to Roads
For additional information:
David Barnes
Director of Public Affairs
Office of Inspector General
U.S. Department of Transportation
202-366-6312
David.barnes@oig.dot.gov
Dbarnes431@earthlink.net

Most reporters generally get involved with the trucking industry following a crash. This
tip sheet is designed to help reporters covering truck-related crashes. We’ve also included
some resources if you wish to delve deeper into trucking. While this information was
compiled with assistance from the audit staff of the U.S. Department of Transportation’s
Office of Inspector General (OIG), it is not an official document. Any errors are solely
the responsibility of the author.

                                    Questions To Ask
Is the trucking company licensed to operate in interstate commerce?
Trucking companies operating exclusively in intrastate commerce have to ensure their
drivers have commercial driver's licenses and follow federal drug and alcohol testing
regulations. Companies operating in interstate commerce must abide by the Federal
Motor Carrier Safety Regulations. http://www.fmcsa.dot.gov/rules-
regulations/administration/fmcsr/fmcsrguide.htm

Did the truck driver have a valid Commercial Drivers License (CDL)?
Federal law requires that interstate drivers have a CDL to operate large trucks and buses.
While some states allow younger drivers to operate trucks within their boundaries,
interstate truck drivers must be at least 21 years of age. See below for more information.

Is the National Transportation Safety Board being called in?
The NTSB investigates significant transportation accidents. They also issue safety
recommendations. Accident reports are a good source of information, as are transcripts of
hearings and forums they have held over the years. If the NTSB is called in, look on their
website for a primer on covering the first few days of a transportation accident.
www.ntsb.gov. The public affairs contact number is: (202) 314-6100.

Had the truck driver been behind the wheel longer than legally allowed?
The Federal Motor Carrier Safety Administration (FMCSA) is considering revisions to
limits on the number of hours truck and bus drivers can work each day. For 65 years,
drivers were limited to 10 hours of driving time during a 15 hour day and could work up



                                            1
to 60 hours over a seven day period. In 2003, FMCSA issued new regulations allowing
11 hours of driving time during a 14 hour work day, or 77 hours of work over a 7 day
period. The regulation was the subject of a court challenge and is currently in effect until
September 30th, although FMCSA is asking Congress to make the rules permanent. The
U.S. DOT docket is online and is a great source of information for information on the
hours of service rulemaking and other pending regulations. To access the docket:
http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rules2005.htm

Were the drivers (both of the truck and of the car) wearing seatbelts?
While NHTSA continues its efforts to increase the use of seatbelts by drivers, OIG listed
seatbelt usage as one of the top challenges facing the U.S. DOT in a November 2004
report. NHTSA and the Federal Motor Carrier Safety Administration (FMCSA) have
campaigns underway to encourage truckers to wear seatbelts. The OIG report can be
found at: http://www.oig.dot.gov/item.jsp?id=1434. Information on seatbelts can be
found at: http://www.buckleupamerica.org.

Which driver (if any) was at fault?
A 1997 study by the AAA Foundation concluded that passenger vehicles are most often
to blame in truck-related crashes. Safety advocates strongly disagree. The National
Highway Traffic Safety Administration (NHTSA) is working on a crash causation study
scheduled for release later in 2005. Additional information can be found at:
http://www.aaafoundation.org
http://www.nhtsa.dot.gov

                           Things You Can Do On Deadline
Obtain Basic Information About The Trucking Company
FMCSA’s website contains safety profile and other information regarding federally-
registered truck and bus companies at www.safer.fmcsa.gov. If you have the name or the
federal registration number (USDOT or ICC), you can find out the following
information:

   •   Legal name, address and phone number of the company
   •   State carrier identification number
   •   Number of drivers and power units (tractors, not trailers). Note: Some carriers
       don’t regularly update their census information.
   •   Whether it hauls hazardous materials
   •   The types of cargo the company’s trucks hauls
   •   Safety inspection results for the past 24 months
   •   Crashes reported to FMCSA for the past 24 months. Note: Some states are slow at
       reporting data.
   •   Current federal safety rating
   •   Name of insurance company the carrier has a policy with.

Locate Truck Safety Information About Your State
Summarized crash statistics for large trucks and buses involved in fatal and non-fatal
crashes that occurred in the United States are available on FMCSA’s website. You can


                                             2
find both national and state-specific information at:
http://ai.fmcsa.dot.gov/CrashProfile/CrashProfileMainNew.asp. As of May 28, the most
current data available is from 2003. You can find the following information:

   •   Number of large trucks involved in fatal crashes
   •   Number of fatalities involving large trucks
   •   Number of large trucks involved in non-fatal crashes
   •   Number of large trucks involved in injury crashes
   •   Number of injuries in crashes involving large trucks
   •   Number of large trucks involved in tow-away crashes
   •   Number of large trucks involved in hazmat-related crashes

You can also compare summarized crash results between all states over multiple years.
These reports may be used to analyze the number of crashes reported over a period of
time and to compare crash results among states.
http://ai.fmcsa.dot.gov/CrashProfile/NationalCrashProfileMain.asp#statereports

Locate Summary Information About State Truck Safety Enforcement Programs
FMCSA’s website contains data regarding truck safety enforcement activity broken down
by state at: http://ai.fmcsa.dot.gov/ProgramMeasures/Intro/ProgramMeasuresMain.asp
From there, you can pull down state-specific information about the number of roadside
inspections, traffic enforcement stops resulting in trucks or drivers being placed out of
service and the number of compliance reviews conducted in each state.

Compliance reviews, which are done by Federal and state investigators, are on-site
examinations of a company’s records and operations to determine whether they meet
safety fitness standards. Among other things, investigators look at whether trucks are
being properly maintained and whether drivers are being forced to drive longer hours
than allowed.

An explanation of how truck safety inspections are conducted can be found at:
http://www.cvsa.org/resourcecenter/publications/understanding_inspectionbrochure.pdf

                         POSSIBLE FOLLOW-UP STORIES

Check The Accuracy Of Crash Data Reported By States To FMCSA
A 2004 OIG report found that states were inconsistent in reporting data to FMCSA. The
data is used by FMCSA and states to help determine which trucks to pull over for
roadside inspections and which companies receive compliance reviews. The OIG audit
can be found at: http://www.oig.dot.gov/item.jsp?id=1261

FMCSA posts information about data quality submitted by states at:
http://ai.volpe.dot.gov/SafeStat/staterating.asp. You can find how crash and inspection
data submitted by your state compares to other states in terms of completeness, timeliness
and accuracy.



                                            3
State Compliance with Federal Drivers Licensing Requirements
FMCSA sets standards for testing and licensing commercial drivers and periodically
reviews states to monitor compliance. FMCSA issued new CDL regulations in July 2002
requiring states to revoke the licenses of drivers convicted of traffic violations or drunk
driving. States must be in compliance with the regulations by Sept. 30, 2005 or risk
losing a portion of their federal highway safety funds. Information on the regulations can
be found on FMCSA’s website at: http://www.dot.gov/affairs/fmcsa1402.htm

Use of Third-Party Companies or Individuals to Conduct License Examinations
Drivers are supposed to pass a written exam and road test, but OIG has investigated
numerous cases in which CDL applicants are paying bribes to third-party contractors.
OIG’s 2002 audit identified 39 states using third-party examiners. Of those, seven states
relied solely on the private sector to conduct CDL exams. They were Indiana, Louisiana,
Michigan, Massachusetts, New Mexico, Idaho, and Washington.

The 32 states (including the District of Columbia) reporting using both third-party and
State examiners were Alabama, Alaska, Arizona, Arkansas, California, Colorado, District
of Columbia, Florida, Georgia, Hawaii, Illinois, Kansas, Kentucky, Maryland, Minnesota,
Mississippi, Missouri, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon,
Pennsylvania, South Carolina, South Dakota, Tennessee, Wyoming, Utah, Virginia, West
Virginia, and Wisconsin. OIG’s audit can be found at:
http://www.oig.dot.gov/show_pdf.php?id=781

To learn more about the Federal CDL program, check out these websites:

   •   American Association of Motor Vehicle Administrators:
       http://www.aamva.org/drivers/mnu_drvCommercialLicensing.asp
   •   FMCSA: http://www.fmcsa.dot.gov/safetyprogs/cdl.htm
   •   OIG: http://www.oig.dot.gov/item_details.php?item=183.

See If the Truck Was Hauling Hazardous Materials
If it was, did the driver have a hazmat endorsement on his/her CDL? Under the USA
Patriot Act, truckers with existing hazmat endorsements were supposed to have
undergone a name-based background check through the Transportation Security
Administration by January 31, 2005. As of May 31, all drivers seeking a hazmat
endorsement have to undergo a fingerprint based background check.

States and the trucking industry have reported problems with the pace of background
investigations. At a May 11 congressional hearing, the American Association of Motor
Vehicle Administrators complained that the state of Florida has submitted 2,179 hazmat
background check requests to TSA in 2005 and has received only 735. States that are
using TSA to conduct the background checks are complaining about insufficient
locations to handle the volume of applicants. Information on the hearing can be found at:
http://www.house.gov/transportation/highway/05-11-05memo.html.




                                            4
OTHER TRUCKING STORIES
Household Goods Moving Fraud
This is not a safety issue, but nonetheless is an issue of concern both to Congress,
FMCSA and OIG. Since 2001, consumers have filed more than 10,000 complaints with
FMCSA’s hotline, many accusing movers of overcharging, providing misleading and
inaccurate estimates. http://www.fmcsa.dot.gov/about/outreach/moving/moving.htm

FMCSA is the agency of first resort for consumers defrauded in interstate moves.
Typically, an unscrupulous operator will offer a low-ball estimate, pick up the goods and
then refuse to deliver or unload them until the consumer pays an exorbitant sum, often
several times the original estimate.

OIG investigates complaints against household goods carriers alleged to have engaged in
egregious and intentional patterns of defrauding consumers. Background information on
household goods moving fraud can be found at:
http://www.oig.dot.gov:8080/press/hhg_summary.php

Recent OIG testimony citing household goods moving fraud can be found at:
http://www.oig.dot.gov/item.jsp?id=1526

The American Moving and Storage Association represents 3,200 professional movers
moving interstate household goods.
www.moving.org.
Contact: David Sparkman. 703-683-7410

Two things to watch for:
  1. As of May 2005, Congress was debating a highway bill that would increase civil
       penalties and allow states to take enforcement action against companies operating
       in interstate commerce.

   2. In congressional testimony in April, FMCSA said it is targeting states where they
      have seen the highest number of complaints. These states are Florida, New York,
      New Jersey and California. http://www.fmcsa.dot.gov/about/news/testimony/scc-
      040505a.htm

Mexican Trucks Operating in the United States
Mexican trucks, with the exception of a limited number of carriers with pre-existing
operating authority, are currently prohibited from operating in the U.S. beyond a narrow
commercial zone in the four border states. Under the terms of the NAFTA, Mexican
carriers were to be allowed full access to California, New Mexico, Arizona and Texas in
December 1995 and to travel freely throughout the U.S. beginning in 2000.

Citing safety reasons, the U.S. Department of Transportation declined to open the border
in 1995. Congress in 2001 passed a law requiring FMCSA to add staff, build inspection
facilities and establish procedures to inspect Mexican trucks and buses.




                                            5
OIG is required to conduct an annual review of FMCSA’s ability to properly inspect
Mexican trucks. The most recent review, issued in January 2005, found that FMCSA has
sufficient staff, facilities, equipment and procedures in place to substantially meet
congressional requirements. A significant issue to opening the border is Mexico’s
reluctance to allow U.S. safety inspectors to conduct compliance reviews of Mexican
carriers in Mexico. http://www.oig.dot.gov/item_details.php?item=1485

Since 1999, OIG has expressed concern about Mexican trucks without pre-existing
operating authority illegally operating beyond the commercial zones. OIG’s review of
FMCSA records indicates that state inspectors have already found more than 100
Mexican trucking companies operating illegally outside of the commercial zones. In
OIG’s January 2005 report, five states were listed as still have not adopted rules to
enforce operating authority. These states are Alaska, Michigan, New Jersey, New York
and North Carolina.

For additional information on U.S. safety regulations governing Mexican trucks, see:
http://www.fmcsa.dot.gov/about/outreach/moving/moving.htm

             CONTACT INFORMATION FOR TRUCKING STORIES
This section contains contact information for a variety of organizations and groups you
might find useful in covering trucking. The information is current as of May 2005.

Oversight of the Trucking Industry
The Federal Motor Carrier Safety Administration oversees the interstate trucking
industry. General information can be found at:
http://www.fmcsa.dot.gov/about/other/faq/faqs.asp
www.fmcsa.dot.gov
Contact: Jim Lewis or Bill McLeod. 202-366-8810

The Commercial Vehicle Safety Alliance is an association of state, provincial, and
federal officials responsible for the administration and enforcement of motor carrier
safety laws in the United States, Canada and Mexico.
www.cvsa.org
Contact: Dick Henderson. 202-775-1623

The American Association of Motor Vehicle Administrators represents the state and
provincial officials in the United States and Canada who administer and enforce motor
vehicle laws.
www.aamva.org
Contact: Jason King. 703-908-8287 or jking@aamva.org

Highway Safety Statistics
The National Highway Transportation Safety Administration collects crash statistics from
50 states and the District of Columbia to produce the annual report on traffic fatality
trends. The final 2004 report, pending completion of data collection and quality control
verification, will be available in August. Summaries of the preliminary report are



                                            6
available on the NHTSA web site at: http://www-nrd.nhtsa.dot.gov/pdf/nrd-
30/NCSA/PPT/2004EARelease.pdf

                             Trucking Industry Associations
Information on state trucking associations can be found at:
http://www.truckline.com/aboutata/federationrelations/. They can tell you information
about trucking in your state.

American Trucking Associations is the largest trade association representing the trucking
industry and has a variety of experts on the industry available for reporters.
Contact: Mike Russell. 703-838-1700. http://www.trucking.org

The Truckload Carriers Association’s members are long haul trucking companies.
Contact: Aimee Cirucci. 703-838-1950. http://www.truckload.org

Motor Freight Carriers Association (MFCA) is the national trade association representing
unionized less-than-truckload (LTL) motor carriers. MFCA currently has six member
companies: ABF Freight System, Inc., DHL Express, New Penn Motor Express, Inc.,
Roadway Express, Inc., USF Holland and Yellow Transportation, Inc.
Contact: Elisabeth Barna. 202-554-3060. www.mfca.org

The National Tank Truck Carriers is a trade association composed of approximately 180
trucking companies which specialize in the nationwide distribution of bulk liquids,
industrial gases and dry products in cargo tank motor vehicles.
Contact: Cliff Harvison. 703-838-1960. http://www.tanktruck.net

                         Organizations Representing Shippers
Shippers are the trucking industry’s customers. They want their freight delivered cheaply,
fast and safely.

The National Industrial Transportation League represents transportation managers at
major companies.
Contact: John Ficker. (703) 524-5011. www.nitl.org

The National Private Truck Council represents companies that own and operate their own
truck fleets.
Contact: Gary Petty. 703-683-1300 x. 221. www.nptc.org


                                Highway Safety Groups

Advocates for Highway and Auto Safety is funded by the insurance industry.
Contact: Jackie Gillan. 202-408-1711 x. 22. www.saferoads.org

Public Citizen is a consumer advocacy organization.
Contact: Joan Claybrook. 202-588-7742 http://www.citizen.org/autosafety/Truck_Safety/



                                            7
Parents Against Tired Truckers was founded by the mother of a young man killed in a
truck crash.
Contact: (888) 353-4572 www.patt.org

                                     Labor Groups

The International Brotherhood of Teamsters represents 1.4 million truck drivers.
Contact: Galen Munroe. (202) 624-6911. www.teamsters.org

The Owner-Operator Independent Drivers Association represents more than 125,000
owner operators.
Contact: Todd Spencer: 816-229-5791. www.ooida.com

The Transportation Trades Department of the AFL-CIO. TTD represents the interests of
several million aviation, rail, transit, trucking, highway and longshore workers who are
members of its 35 affiliated unions, including the Teamsters.
Contact: Michael Buckley 202-862-9262. www.ttd.org

                             Publications Covering Trucking
Randall Publications: This company publishes a variety of magazines for trucking
companies and drivers, including Commercial Carrier Journal and Overdrive.
http://www.etrucker.com/
Newport Publications: The magazines published by this company are aimed primarily at
drivers. http://www.truckinginfo.com/
Fleetowner is aimed for trucking company managers. www.fleetowner.com
Transport Topics’ audience is trucking industry executives. http://www.ttnews.com/
Traffic World is a weekly publication aimed at corporate executives who make freight
shipping decisions. http://www.trafficworld.com.

                       Congressional Hearings on Truck Safety
Several congressional committees have held hearings on truck safety in recent years.
Most have, at minimum, press releases and prepared statements from hearing witnesses
on their websites.
The House Transportation and Infrastructure Committee held hearings on motor carrier
safety in 1999. Transcripts of the hearings held February 11, 1999, March 17, 1999,
March 25, 1999, May 26, 1999, and October 7, 1999 can be found at:
http://www.house.gov/transportation/. Testimony and background information on
subsequent hearings on truck safety can also be found on the committee’s website.

The Senate Commerce Committee held its most recent hearing on highway safety on
April 5, 2005. Information can be found at:
http://commerce.senate.gov/hearings/witnesslist.cfm?id=1434.




                                            8

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Investigating Trucking

  • 1. INVESTIGATING TRUCKING June 2005 IRE 2005 Conference Denver, CO From Rails to Roads For additional information: David Barnes Director of Public Affairs Office of Inspector General U.S. Department of Transportation 202-366-6312 David.barnes@oig.dot.gov Dbarnes431@earthlink.net Most reporters generally get involved with the trucking industry following a crash. This tip sheet is designed to help reporters covering truck-related crashes. We’ve also included some resources if you wish to delve deeper into trucking. While this information was compiled with assistance from the audit staff of the U.S. Department of Transportation’s Office of Inspector General (OIG), it is not an official document. Any errors are solely the responsibility of the author. Questions To Ask Is the trucking company licensed to operate in interstate commerce? Trucking companies operating exclusively in intrastate commerce have to ensure their drivers have commercial driver's licenses and follow federal drug and alcohol testing regulations. Companies operating in interstate commerce must abide by the Federal Motor Carrier Safety Regulations. http://www.fmcsa.dot.gov/rules- regulations/administration/fmcsr/fmcsrguide.htm Did the truck driver have a valid Commercial Drivers License (CDL)? Federal law requires that interstate drivers have a CDL to operate large trucks and buses. While some states allow younger drivers to operate trucks within their boundaries, interstate truck drivers must be at least 21 years of age. See below for more information. Is the National Transportation Safety Board being called in? The NTSB investigates significant transportation accidents. They also issue safety recommendations. Accident reports are a good source of information, as are transcripts of hearings and forums they have held over the years. If the NTSB is called in, look on their website for a primer on covering the first few days of a transportation accident. www.ntsb.gov. The public affairs contact number is: (202) 314-6100. Had the truck driver been behind the wheel longer than legally allowed? The Federal Motor Carrier Safety Administration (FMCSA) is considering revisions to limits on the number of hours truck and bus drivers can work each day. For 65 years, drivers were limited to 10 hours of driving time during a 15 hour day and could work up 1
  • 2. to 60 hours over a seven day period. In 2003, FMCSA issued new regulations allowing 11 hours of driving time during a 14 hour work day, or 77 hours of work over a 7 day period. The regulation was the subject of a court challenge and is currently in effect until September 30th, although FMCSA is asking Congress to make the rules permanent. The U.S. DOT docket is online and is a great source of information for information on the hours of service rulemaking and other pending regulations. To access the docket: http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rules2005.htm Were the drivers (both of the truck and of the car) wearing seatbelts? While NHTSA continues its efforts to increase the use of seatbelts by drivers, OIG listed seatbelt usage as one of the top challenges facing the U.S. DOT in a November 2004 report. NHTSA and the Federal Motor Carrier Safety Administration (FMCSA) have campaigns underway to encourage truckers to wear seatbelts. The OIG report can be found at: http://www.oig.dot.gov/item.jsp?id=1434. Information on seatbelts can be found at: http://www.buckleupamerica.org. Which driver (if any) was at fault? A 1997 study by the AAA Foundation concluded that passenger vehicles are most often to blame in truck-related crashes. Safety advocates strongly disagree. The National Highway Traffic Safety Administration (NHTSA) is working on a crash causation study scheduled for release later in 2005. Additional information can be found at: http://www.aaafoundation.org http://www.nhtsa.dot.gov Things You Can Do On Deadline Obtain Basic Information About The Trucking Company FMCSA’s website contains safety profile and other information regarding federally- registered truck and bus companies at www.safer.fmcsa.gov. If you have the name or the federal registration number (USDOT or ICC), you can find out the following information: • Legal name, address and phone number of the company • State carrier identification number • Number of drivers and power units (tractors, not trailers). Note: Some carriers don’t regularly update their census information. • Whether it hauls hazardous materials • The types of cargo the company’s trucks hauls • Safety inspection results for the past 24 months • Crashes reported to FMCSA for the past 24 months. Note: Some states are slow at reporting data. • Current federal safety rating • Name of insurance company the carrier has a policy with. Locate Truck Safety Information About Your State Summarized crash statistics for large trucks and buses involved in fatal and non-fatal crashes that occurred in the United States are available on FMCSA’s website. You can 2
  • 3. find both national and state-specific information at: http://ai.fmcsa.dot.gov/CrashProfile/CrashProfileMainNew.asp. As of May 28, the most current data available is from 2003. You can find the following information: • Number of large trucks involved in fatal crashes • Number of fatalities involving large trucks • Number of large trucks involved in non-fatal crashes • Number of large trucks involved in injury crashes • Number of injuries in crashes involving large trucks • Number of large trucks involved in tow-away crashes • Number of large trucks involved in hazmat-related crashes You can also compare summarized crash results between all states over multiple years. These reports may be used to analyze the number of crashes reported over a period of time and to compare crash results among states. http://ai.fmcsa.dot.gov/CrashProfile/NationalCrashProfileMain.asp#statereports Locate Summary Information About State Truck Safety Enforcement Programs FMCSA’s website contains data regarding truck safety enforcement activity broken down by state at: http://ai.fmcsa.dot.gov/ProgramMeasures/Intro/ProgramMeasuresMain.asp From there, you can pull down state-specific information about the number of roadside inspections, traffic enforcement stops resulting in trucks or drivers being placed out of service and the number of compliance reviews conducted in each state. Compliance reviews, which are done by Federal and state investigators, are on-site examinations of a company’s records and operations to determine whether they meet safety fitness standards. Among other things, investigators look at whether trucks are being properly maintained and whether drivers are being forced to drive longer hours than allowed. An explanation of how truck safety inspections are conducted can be found at: http://www.cvsa.org/resourcecenter/publications/understanding_inspectionbrochure.pdf POSSIBLE FOLLOW-UP STORIES Check The Accuracy Of Crash Data Reported By States To FMCSA A 2004 OIG report found that states were inconsistent in reporting data to FMCSA. The data is used by FMCSA and states to help determine which trucks to pull over for roadside inspections and which companies receive compliance reviews. The OIG audit can be found at: http://www.oig.dot.gov/item.jsp?id=1261 FMCSA posts information about data quality submitted by states at: http://ai.volpe.dot.gov/SafeStat/staterating.asp. You can find how crash and inspection data submitted by your state compares to other states in terms of completeness, timeliness and accuracy. 3
  • 4. State Compliance with Federal Drivers Licensing Requirements FMCSA sets standards for testing and licensing commercial drivers and periodically reviews states to monitor compliance. FMCSA issued new CDL regulations in July 2002 requiring states to revoke the licenses of drivers convicted of traffic violations or drunk driving. States must be in compliance with the regulations by Sept. 30, 2005 or risk losing a portion of their federal highway safety funds. Information on the regulations can be found on FMCSA’s website at: http://www.dot.gov/affairs/fmcsa1402.htm Use of Third-Party Companies or Individuals to Conduct License Examinations Drivers are supposed to pass a written exam and road test, but OIG has investigated numerous cases in which CDL applicants are paying bribes to third-party contractors. OIG’s 2002 audit identified 39 states using third-party examiners. Of those, seven states relied solely on the private sector to conduct CDL exams. They were Indiana, Louisiana, Michigan, Massachusetts, New Mexico, Idaho, and Washington. The 32 states (including the District of Columbia) reporting using both third-party and State examiners were Alabama, Alaska, Arizona, Arkansas, California, Colorado, District of Columbia, Florida, Georgia, Hawaii, Illinois, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Wyoming, Utah, Virginia, West Virginia, and Wisconsin. OIG’s audit can be found at: http://www.oig.dot.gov/show_pdf.php?id=781 To learn more about the Federal CDL program, check out these websites: • American Association of Motor Vehicle Administrators: http://www.aamva.org/drivers/mnu_drvCommercialLicensing.asp • FMCSA: http://www.fmcsa.dot.gov/safetyprogs/cdl.htm • OIG: http://www.oig.dot.gov/item_details.php?item=183. See If the Truck Was Hauling Hazardous Materials If it was, did the driver have a hazmat endorsement on his/her CDL? Under the USA Patriot Act, truckers with existing hazmat endorsements were supposed to have undergone a name-based background check through the Transportation Security Administration by January 31, 2005. As of May 31, all drivers seeking a hazmat endorsement have to undergo a fingerprint based background check. States and the trucking industry have reported problems with the pace of background investigations. At a May 11 congressional hearing, the American Association of Motor Vehicle Administrators complained that the state of Florida has submitted 2,179 hazmat background check requests to TSA in 2005 and has received only 735. States that are using TSA to conduct the background checks are complaining about insufficient locations to handle the volume of applicants. Information on the hearing can be found at: http://www.house.gov/transportation/highway/05-11-05memo.html. 4
  • 5. OTHER TRUCKING STORIES Household Goods Moving Fraud This is not a safety issue, but nonetheless is an issue of concern both to Congress, FMCSA and OIG. Since 2001, consumers have filed more than 10,000 complaints with FMCSA’s hotline, many accusing movers of overcharging, providing misleading and inaccurate estimates. http://www.fmcsa.dot.gov/about/outreach/moving/moving.htm FMCSA is the agency of first resort for consumers defrauded in interstate moves. Typically, an unscrupulous operator will offer a low-ball estimate, pick up the goods and then refuse to deliver or unload them until the consumer pays an exorbitant sum, often several times the original estimate. OIG investigates complaints against household goods carriers alleged to have engaged in egregious and intentional patterns of defrauding consumers. Background information on household goods moving fraud can be found at: http://www.oig.dot.gov:8080/press/hhg_summary.php Recent OIG testimony citing household goods moving fraud can be found at: http://www.oig.dot.gov/item.jsp?id=1526 The American Moving and Storage Association represents 3,200 professional movers moving interstate household goods. www.moving.org. Contact: David Sparkman. 703-683-7410 Two things to watch for: 1. As of May 2005, Congress was debating a highway bill that would increase civil penalties and allow states to take enforcement action against companies operating in interstate commerce. 2. In congressional testimony in April, FMCSA said it is targeting states where they have seen the highest number of complaints. These states are Florida, New York, New Jersey and California. http://www.fmcsa.dot.gov/about/news/testimony/scc- 040505a.htm Mexican Trucks Operating in the United States Mexican trucks, with the exception of a limited number of carriers with pre-existing operating authority, are currently prohibited from operating in the U.S. beyond a narrow commercial zone in the four border states. Under the terms of the NAFTA, Mexican carriers were to be allowed full access to California, New Mexico, Arizona and Texas in December 1995 and to travel freely throughout the U.S. beginning in 2000. Citing safety reasons, the U.S. Department of Transportation declined to open the border in 1995. Congress in 2001 passed a law requiring FMCSA to add staff, build inspection facilities and establish procedures to inspect Mexican trucks and buses. 5
  • 6. OIG is required to conduct an annual review of FMCSA’s ability to properly inspect Mexican trucks. The most recent review, issued in January 2005, found that FMCSA has sufficient staff, facilities, equipment and procedures in place to substantially meet congressional requirements. A significant issue to opening the border is Mexico’s reluctance to allow U.S. safety inspectors to conduct compliance reviews of Mexican carriers in Mexico. http://www.oig.dot.gov/item_details.php?item=1485 Since 1999, OIG has expressed concern about Mexican trucks without pre-existing operating authority illegally operating beyond the commercial zones. OIG’s review of FMCSA records indicates that state inspectors have already found more than 100 Mexican trucking companies operating illegally outside of the commercial zones. In OIG’s January 2005 report, five states were listed as still have not adopted rules to enforce operating authority. These states are Alaska, Michigan, New Jersey, New York and North Carolina. For additional information on U.S. safety regulations governing Mexican trucks, see: http://www.fmcsa.dot.gov/about/outreach/moving/moving.htm CONTACT INFORMATION FOR TRUCKING STORIES This section contains contact information for a variety of organizations and groups you might find useful in covering trucking. The information is current as of May 2005. Oversight of the Trucking Industry The Federal Motor Carrier Safety Administration oversees the interstate trucking industry. General information can be found at: http://www.fmcsa.dot.gov/about/other/faq/faqs.asp www.fmcsa.dot.gov Contact: Jim Lewis or Bill McLeod. 202-366-8810 The Commercial Vehicle Safety Alliance is an association of state, provincial, and federal officials responsible for the administration and enforcement of motor carrier safety laws in the United States, Canada and Mexico. www.cvsa.org Contact: Dick Henderson. 202-775-1623 The American Association of Motor Vehicle Administrators represents the state and provincial officials in the United States and Canada who administer and enforce motor vehicle laws. www.aamva.org Contact: Jason King. 703-908-8287 or jking@aamva.org Highway Safety Statistics The National Highway Transportation Safety Administration collects crash statistics from 50 states and the District of Columbia to produce the annual report on traffic fatality trends. The final 2004 report, pending completion of data collection and quality control verification, will be available in August. Summaries of the preliminary report are 6
  • 7. available on the NHTSA web site at: http://www-nrd.nhtsa.dot.gov/pdf/nrd- 30/NCSA/PPT/2004EARelease.pdf Trucking Industry Associations Information on state trucking associations can be found at: http://www.truckline.com/aboutata/federationrelations/. They can tell you information about trucking in your state. American Trucking Associations is the largest trade association representing the trucking industry and has a variety of experts on the industry available for reporters. Contact: Mike Russell. 703-838-1700. http://www.trucking.org The Truckload Carriers Association’s members are long haul trucking companies. Contact: Aimee Cirucci. 703-838-1950. http://www.truckload.org Motor Freight Carriers Association (MFCA) is the national trade association representing unionized less-than-truckload (LTL) motor carriers. MFCA currently has six member companies: ABF Freight System, Inc., DHL Express, New Penn Motor Express, Inc., Roadway Express, Inc., USF Holland and Yellow Transportation, Inc. Contact: Elisabeth Barna. 202-554-3060. www.mfca.org The National Tank Truck Carriers is a trade association composed of approximately 180 trucking companies which specialize in the nationwide distribution of bulk liquids, industrial gases and dry products in cargo tank motor vehicles. Contact: Cliff Harvison. 703-838-1960. http://www.tanktruck.net Organizations Representing Shippers Shippers are the trucking industry’s customers. They want their freight delivered cheaply, fast and safely. The National Industrial Transportation League represents transportation managers at major companies. Contact: John Ficker. (703) 524-5011. www.nitl.org The National Private Truck Council represents companies that own and operate their own truck fleets. Contact: Gary Petty. 703-683-1300 x. 221. www.nptc.org Highway Safety Groups Advocates for Highway and Auto Safety is funded by the insurance industry. Contact: Jackie Gillan. 202-408-1711 x. 22. www.saferoads.org Public Citizen is a consumer advocacy organization. Contact: Joan Claybrook. 202-588-7742 http://www.citizen.org/autosafety/Truck_Safety/ 7
  • 8. Parents Against Tired Truckers was founded by the mother of a young man killed in a truck crash. Contact: (888) 353-4572 www.patt.org Labor Groups The International Brotherhood of Teamsters represents 1.4 million truck drivers. Contact: Galen Munroe. (202) 624-6911. www.teamsters.org The Owner-Operator Independent Drivers Association represents more than 125,000 owner operators. Contact: Todd Spencer: 816-229-5791. www.ooida.com The Transportation Trades Department of the AFL-CIO. TTD represents the interests of several million aviation, rail, transit, trucking, highway and longshore workers who are members of its 35 affiliated unions, including the Teamsters. Contact: Michael Buckley 202-862-9262. www.ttd.org Publications Covering Trucking Randall Publications: This company publishes a variety of magazines for trucking companies and drivers, including Commercial Carrier Journal and Overdrive. http://www.etrucker.com/ Newport Publications: The magazines published by this company are aimed primarily at drivers. http://www.truckinginfo.com/ Fleetowner is aimed for trucking company managers. www.fleetowner.com Transport Topics’ audience is trucking industry executives. http://www.ttnews.com/ Traffic World is a weekly publication aimed at corporate executives who make freight shipping decisions. http://www.trafficworld.com. Congressional Hearings on Truck Safety Several congressional committees have held hearings on truck safety in recent years. Most have, at minimum, press releases and prepared statements from hearing witnesses on their websites. The House Transportation and Infrastructure Committee held hearings on motor carrier safety in 1999. Transcripts of the hearings held February 11, 1999, March 17, 1999, March 25, 1999, May 26, 1999, and October 7, 1999 can be found at: http://www.house.gov/transportation/. Testimony and background information on subsequent hearings on truck safety can also be found on the committee’s website. The Senate Commerce Committee held its most recent hearing on highway safety on April 5, 2005. Information can be found at: http://commerce.senate.gov/hearings/witnesslist.cfm?id=1434. 8