Waynes World - July 2003

SOME DOT PENALTIES INCREASING, DEFINING "PREVENTABLE" ACCIDENTS, AND...

ARE YOU REALLY A
PROFESSIONAL DRIVER?
By Wayne Schooling

Q: I understand that in the trucking industry, accidents are not judged by who is at fault but by whether or not the accident was preventable. Can you explain?

A: Because truck drivers are considered professionals, they are held at a higher degree than the regular automobile driver. The National Safety Council defines an accident as “Any accident involving a vehicle which results in property damage and/or personal injury, regardless of who was injured, what property was damaged, to what extent, or where it occurred, in which the driver in question failed to exercise every reasonable precaution to prevent the accident.”

The following defines even more the Professional Truck Driver. Are you one? “Every accident in which a driver is involved shall be considered preventable unless there was no action, which the driver could have reasonably taken to avoid the accident and that, his actions in no way contributed to the occurrence of the accident. The driver must drive in such a way that he commits no errors himself and so control his vehicle to make due allowance for the condition of the road, the weather and traffic, and so that mistakes of other drivers do not involve him in an accident.”

DOT INCREASING PENALTIES

Violations from an out-of-service order can result in a $16,000 fine under a new penalty structure adopted by the Federal Motor Carrier Safety Administration (FMCSA). The agency has increased that and other civil penalties for violating the Federal Motor Carrier Safety Regulations, to adjust for inflation. The increase was required by the Federal Civil Penalties Inflation Adjustment Act of 1990. In a final rule, the FMCSA revised 49 CFR Part 386 to reflect the new penalties.

According to the FMCSA, the act requires federal agencies to regularly adjust certain civil penalties for inflation, at least every four years. The newly increased penalties will only apply to violations which occurred after March 31, 2003. Some examples are “Failure to prepare and maintain records” went up to $5,500 and “Failure to meet financial responsibility” was raised to $16,000.

If you are unsure of some safety compliance issue or unsure of your driver qualification files, now is the time to make sure your doing things right. It's better to find out now what your doing wrong rather than wait for the DOT to come in and fine you.

LEAVE YOUR FAMILY AT HOME

A truck driver and his two children were killed when he let his 12-year-old daughter drive his truck while he slept in the berth. The driver stopped by his house just before a quick trip where upon his 3-year-old child made a fuss wanting to go with papa. So his daughter volunteered to help baby-sit. Somewhere along the trip, the father wanted to take a quick nap. He put the truck on cruise control knowing that this particular stretch of road was as straight as an arrow and climbed into the sleeper berth for a short nap.

Unfortunately, there was road work along the way and the road was very narrow during this part. The girl ran off the right side of the road and lost control in the dirt. The right tank hit something and exploded. The truck then veered to the left where it went off the road again. The left tank hit something and exploded. The tractor flipped over. The girl was still clutching the steering wheel when they found her. The younger child was on the floor and the father was still in the sleeper.

All I can say is that while you’re at work (which is anytime you are behind the wheel), you must be a professional driver and leave your family at home where they belong.

CARRIER FOUND NEGLIGENT

A state appeals court has found a trucking company negligent for improper load securement in the wake of a vehicle accident in which a load of cement blocks fell onto a pickup truck. Just before the accident, the pickup truck, with two occupants, was approaching an intersection on a four-lane road when the driver swerved around another vehicle and back into the inside lane. At the last minute, the pickup driver noticed that another car was stopped ahead, so she hit her brakes and slid across the centerline, crashing head-on into the truck, which was hauling a load of cement blocks strapped to a set of flatbeds. Both the driver of the pickup and the passenger fell out onto the road and some of the cement blocks broke through their straps and fell onto them, severely injuring both.

The passenger then sued both the driver of the pickup truck and the trucking company. In an effort to get out of the lawsuit, the trucking company filed a motion for summary judgment, in which the company argued that it did not have a duty to “accident proof” its truck in anticipation of the other driver’s negligence. The trial court granted the summary judgment and dismissed the case against the trucking company.

But on appeal, the court reversed that decision upon concluding that the company had a legally enforceable and socially recognized obligation to secure its load so it would not break loose during a collision, regardless of whether the pickup truck driver was negligent. So I'll ask you again, “Are you a Professional Truck Driver?”

~ The NTA is a nationwide association established to provide safety compliance services, insurance benefits and information to private fleets, trucking companies and owner-operators. For more details, call (562) 279-0557 in CA or (800) 805-0040 outside CA, or e-mail me at wayne@ntassoc.com. Remember, tell those who doubt your profession, “If you got it, a trucker brought it.” Until next time, “Drive Safe - Drive Smart!”