The federal government projects truck crash-related deaths to increase 10% in 2022, according to the most recent data, and is a primary reason why safety advocates support a proposal that would limit the scope of emergency waivers that temporarily exempt carriers from certain federal regulations.
“Fatal truck crashes continue to occur at an alarmingly high rate,” Advocates for Highway and Auto Safety states in its response to the proposal, which the Federal Motor Carrier Safety Administration published for comment in December.
The group points out that the number of fatalities in large truck crashes has increased by 66% since 2009.
“While extraordinary circumstances may warrant infrequent emergency regulatory exemptions such as during the COVID-19 pandemic, Advocates concurs with FMCSA that the exemption(s) granted must be narrowly ‘tailored to the specifics of the circumstances and emergency being addressed’ to ensure the public is not endangered.”
In its proposal, however, FMCSA points out that there were no comments filed linking fatalities to the COVID-19 emergency exemption in a previous agency request that sought information on the extent to which carriers were still relying on that exemption.
In addition, the agency acknowledges in the current proposal that it “has no information that suggests that past or existing emergency exemptions have in fact negatively impacted road safety.” That acknowledgement has been cited by many of the other 25 public comments submitted on the FMCSA’s rulemaking petition as a reason for opposing it entirely or rejecting at least some of its provisions.
Carriers point to lack of justification
“We are unclear on exactly why FMCSA is proposing these regulatory changes at this time,” given the lack of proof of a connection between the exemptions and worsening safety, the Owner-Operator Independent Driver Association argues. “FMCSA also indicates that they lack specific data necessary to warrant altering the scope” of the regulations, OOIDA added. “For these reasons, we do not support the proposed changes to the emergency regulatory relief stipulated in the Federal Motor Carrier Safety Regulations.”
OOIDA also contends that reducing the automatic regulatory relief from 30 days to five days for regional declarations issued by a state governor — another provision of the proposal — “will obstruct the trucking industry’s ability to operate effectively in communities impacted by the emergency,” it stated. “In our experience, the current 30-day period provides sufficient time to deliver emergency assistance without negatively impacting safety.”
While not specifically noting a lack of data connecting crashes or declining road safety generally to emergency waivers, the American Trucking Associations agreed with OOIDA that shortening emergency relief in regional declarations from 30 to five days is not a good idea.
“FMCSA is correct in their assertion that [a] weather event [necessitating the need for an emergency waiver] would likely conclude within five days, however, emergency relief may often extend well beyond five days,” ATA stated. It pointed to an example in January in which severe weather, including tornados, hit parts of Alabama.
“When the severe weather ended, the trucking industry was immediately engaged in providing basic necessities for life, such as providing shipments of water to areas most impacted by this storm. These essential, lifesaving deliveries took place over a week after the storm ended.”
The Energy Marketers of America, motor carriers that deliver diesel and other fuels from terminals and bulk facilities to retailers, point out that individual states are able to tailor the duration and scope of emergency waivers.
“The [proposal] provides no evidence of an abuse of state waiver authority that would justify the FMCSA’s drastic reduction in duration of the waiver period and the scope of the regulations waived by a governor,” EMA contends.
Shippers agree: Governors know what’s best
A coalition of shippers with members as diverse as Home Depot, Coca-Cola and Cargill are similarly against FMCSA’s proposed waiver changes, arguing that FMCSA should avoid narrowing the definition of what constitutes an emergency to keep supply chains moving during disruptions.
“We do not support the proposed rule, which does not address any identified problem,” the Shippers Coalition stated.
“America wants to solve its supply chain problems … yet, FMCSA has proposed these restrictions to its waiver authority and its ability to respond to supply chain problems in emergencies while acknowledging that it has no evidence” that the current waiver regime has made roads less safe, the group noted, echoing OOIDA’s assertion.
“Governors, in declaring emergencies that last for 30 days under current rules, are closer to the facts than FMCSA and should be allowed to continue to play their current role, which better ensures strong emergency response and more fluid (or at least less constrained) supply chains.”
Glenn Meyer
Take a look at the truck crash. I am a tow truck operator and last week a semi was rear ended at speed at a stop light by a mini van. It did not end in a fatality. The truck was inspected in a full level inspection while the van never had a tire measured! We call it a truck crash but we see so many cars and light vehicles that do not respect the roadway or other drivers and its me first. Lets measure the real reason the crash happened and by whom!
Steven A Strohm
So why pick 2009 for the starting point? What changed between 2008 and 2009 to make the big truck accident rate drop by 1000 people? The 2007 death numbers are higher than 2020 numbers
Willie junior Singletary
They keep violate owl constitutional rights
Alex D.
I personally feel the emergency waver does more bad than good. It lowers rates on loads because as many as they got can be run back to back… But where is safety? I see no need to have emergency declaration at all. For COVID it was a joke and to this day still is. I have personally never used it and have no plans ever to
Fmcsa is a joke. I can’t tell you how many times I see the mega company drivers with a leg up in the window and watching videos when driving… And parked in the middle land 3-7 mph slower then speed limit…. Or it straight on you tailgate like they are driving a car… Crazy
Jason Hurt
How can this be? H.O.S. was suppose to fix all the wrecks. All the other imposed regulations were touted as the fix all. Could it be the fact that the new drivers are not trained well? Could it be the mega carriers are letting newbies train after a few months. Maybe the FMCSA should focus on training. Driving schools are a joke. They only teach you to pass a test not be a truck driver.
Mwangi Kamau
All these safety regulatory agencies should start listening to drivers and seek their opinions concerning making highways safer before creating policies that are vendor friendly like the ELD implementation and lately motor carriers identifying tags. When they pushed for Elds they made look like it was the only option in reducing crashes but it only succeeded in removing the word FATIGUE as the devil in our highways
Mwangi Kamau
FMCSA and all the regulatory bodies should know that they have failed because they concentrate all their resources in inspections but fail to acknowledge the fact that most of these crashes are happening due to moving violations by both professional truckers and ordinary car drivers. As an owner operator with no accident for 13 years I watch how this trucks mostly belonging to big companies are driven without regard to safety and there is not enough highway patrol to stop the menace. They can bypass scales due to their safety records on file but it’s how they drive on the highways that can actually reduce crashes. It is well known that some of the most dangerous drivers out there especially the North East are day cab drivers and the reason is that they are either tight on time and don’t want to spend 10 hours in a truck with no sleeper or they want to finish their run sooner and go home. When I look at the trucks involved in this crashes I don’t see beat up Un maintained trucks, I new trucks that come with a lot of safety features so why are they killing people out there. The solution is not at the scale it’s out there on highways and every stop doesn’t have to end up with an inspection and this allows local cops to write a speeding ticket without waiting for a Dot certified cop to come but make sure the moving violations are in record.