Lighter Load: Every person has a voice, but it has to be used in the right place to be heard

By BARB KAMPBELL
The Trucker Staff

11/18/2009

Often in the scope of his duty as Secretary of Transportation one can hear or read Ray Lahood say “safety is our top priority.”

The Federal Motor Carrier Safety Administration (FMCSA), which falls under the Department of Transportation led by Lahood, was established as a separate administration within DOT on Jan. 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999, thus FMCSA is dedicated to improving the safety of commercial motor vehicles (CMVs) and saving lives.

The primary mission of the FMCSA is to reduce crashes, injuries, fatalities, and property loss involving large trucks and buses by regulating the workers involved.

Anne Ferro, the soon to be [as of press time] confirmed FMCSA administrator, pledged safety during her confirmation hearing Sept. 23. Of course she did because that’s what the office is for.

And truly, how could anyone in this business be against safety? I’m certain everyone involved in the trucking industry would be delighted to have less people killed and injured each year on the highways of America.

With that said, though, maybe there are some ways that the industry could improve on its attempt to be more safe.

I hear from truckers all the time about how they aren’t given an opportunity to help make the rules that regulate them.

They tell me that the latest Hours of Service rules make them drive tired or lose miles.

Some drivers say they have to lie on their logbooks to get enough miles in 11 hours because they are stuck at shippers and receivers for hours at a time.

They say they don’t sleep 10 hours or even eight hours even though they have to log that much in the sleeper-berth.

Drivers tell me that dispatchers sometimes make them take loads when they are out of time.

I hear horror stories about how four-wheelers drive around them, and even more sadly, they tell me how bad some truck drivers behave while driving.

Some drivers are worried about the possibility of electronic, on-board recorders (EOBRs) being mandatory in all trucks.

There are problems finding places to park which in turn can cause a driver more fatigue or necessitate driving when over his or her hours.

Again, drivers say they have no input in rulemakings and that the rules are always written and administered by non drivers, even by those who have never driven a truck.

This may truly be the case, but it does not have to be that way. You, the truck driver, have a voice in the rules that are written and administered by FMCSA and I even asked them to make sure I wasn’t just dreaming and wishing.

“It is civic responsibility — no less vital as voting — for interested individuals [to] help advise proposed federal rulemaking by contributing to the public record,” said FMCSA spokesman Duane DeBruyne. “By law, every federal agency is required to read and to consider every statement and every bit of evidentiary material it receives on the matter during the stated public comment period.”

Did you get that? DeBruyne said they have to read and consider what you say.

But what if you don’t know what rules are pending? If that’s the case you probably aren’t reading The Trucker or thetrucker.com on a regular basis because we cover these issues regularly.

Here’s how to keep up on your own. Two ways to see what is pending at FMCSA:

1. Visit fmcsa.dot.gov. Under “Rules and Regulations” click on “Latest Rulemakings and Notices.” Under this section are listed “Proposed Rules” and “Notices.” By clicking on any of them, a visitor can obtain more information, including how to comment.

2. The other easy method is to go to Regulations.gov. The search engine allows you to look up proposals and notices by federal department or agency.

So there you go. There are four ways to find out what rules are open for comment: The Trucker, thetrucker.com and the two government Web sites mentioned. If you are reading here and you are one of the few people who do not have Internet access, keep reading The Trucker for news and ways to comment.

You see, it is one thing to say nobody listens to you, but it’s another if you never say anything to the right people and instead say it to anybody who will listen who can’t do you any good. Yes, YOU have a voice.

And if you’re reading this admitting to yourself that you are one who has complained, but never voted, or in other words, you say the trucking rules are made by those who don’t know, yet you have never commented on them (or even if you have), your chance will be here soon.

As was announced Oct. 27, by sometime next summer there will be yet another “new” HOS Notice of Proposed Rulemaking. It will be issued and there will be a comment period. Those who wish to comment will have a docket number, phone, fax, e-mail, and a Web site address to comment on it directly. There will be no excuses accepted by me when I sit down to talk to you at the Petro in North Little Rock, Ark., or if you call on the phone and rant that nobody listens to truckers.

Drivers can make this latest HOS rule about truckers if enough will call, write, e-mail or comment online. One driver standing alone may not have the same impact on decision makers as will the American Trucking Associations, the Owner-Operator Independent Drivers Association, the Truckload Carriers Association, a big trucking company, Public Citizen, the Teamsters, and so on. But a driver standing alone has no voice if he or she does not speak.

Barb Kampbell of The Trucker staff can be reached for comment at barbkampbell@thetrucker.com or visit www.barbkampbell.com for information on her new book, “Living Life Inside Out.”

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