Trucking Analysis, Consultation & Expert Testimony
The expertise you and your client require for navigating the trucking/commercial motor vehicle related litigation maze.
Michael K. Napier, Sr. is a uniquely qualified expert with more than 40 years of total industry related experience.
FMCSA Medical Review Board Approves Plan for Drivers with Monocular Vision
School Transportation News | Ken Presley – May 24,, 2021
The Federal Motor Carrier Safety Administration’s (FMCSA) five-member Medical Review Board approved a proposal to eliminate the current exemption process for commercial motor vehicle drivers with monocular vision.
The federal government has been granting waivers for drivers with vision in only one eye since 1998. It is estimated that the current over 2,500 interstate drivers hold FMCSA vision exemptions …
FMCSA Responds to Medical Board on Sleep Apnea Guidance
TTNews | Eric Miller – June 10, 2021
The Federal Motor Carrier Safety Administration is expanding access to information about obstructive sleep apnea for medical professionals who conduct medical examinations for truck drivers, responding to an outcry from its own medical review board and one well-placed agency official about a lack of direction for health care providers on the issue.
During a virtual meeting last month, the five doctors on the FMCSA medical review board put pressure on the agency’s leadership …
Overdrive | Jason Cannon – April 20, 2021
Used trucks are commanding a premium on the secondary market as supply chain shortages and now an assembly plant strike, have clouded new truck builds.
The Class 8 used truck market had its best month this year in March, with pricing jumping up by nearly 22% at auction and 4.7% at retail, as reported by J.D. Power.
“I don’t think there’s any question late-model, low-mileage used trucks are benefiting from this new truck shortage. ” said Chris Visser, J.D. Power Senior Analyst
Freight Waves | Brian Straight – November 30, 2020
Electronic logging violations cost carriers tens of thousands of dollars, with potential violation fines ranging up to $13,000 per instance in some cases. Most violations, though, are preventable with the right mix of education, training and due diligence.
The recent changes in hours-of-service (HOS) regulations, designed to offer more flexibility for drivers in managing their time, has upped the complexity level of e-log compliance.
CDL Life – Summer Smith – October 22, 2020
According to a the Sweet Grass Co Sheriff’s Office Facebook page, multiple accidents have shut down portions of I-90, both east and west of Big Timber, are shut down. Currently, eastbound I-90 at mile post 388.5 is down to one lane, and there is a semi in the median at the mile post 354. Westbound I90 has an active accident at the 383 and the westbound off ramp is blocked at the 370 by a semi.
By Overdrive – Todd Drills, August 5, 2020
The Federal Motor Carrier Safety Administration says it’s proceeding with implementation of a new hours of service rule designed to give drivers more flexibility in their daily work schedule. “Right now, there’s no effort to abate or hold off on Sept. 29,” said the agency’s Acting Administrator, Jim Mullen, in FMCSA’s online Truck Safety Summit held Aug. 5.
Read More >
By TTNEWS – Eric Miller – July 13, 2020
Federal trucking regulators are seeking information on the safety operations of small commercial trucks and vans making deliveries for online retailers and grocery stores that seem to be increasing in number in recent months, but staying mostly under the regulatory radar. An advisory committee of the Federal Motor Carrier Safety Administration on July 13 spent several hours discussing the somewhat overlooked small truck sector Read More >
By Eleanor Lamb – May 14, 2020
The Federal Motor Carrier Safety Administration has published its long-awaited final rule on changes to hours-of-service regulations in a move intended to increase flexibility for truck drivers.
The final rule, announced by Transportation Secretary Elaine Chao and FMCSA Acting Administrator Jim Mullen on May 14, includes four revisions that pertain to issues truckers have voiced concerns about, such as the 30-minute rest break and splitting up time in the sleeper berth. Read More >
By Lytx – April 24, 2020
In the transportation industry, there can be a tug of war between the Operations Department, tasked with getting things done, and the Safety Department, responsible for getting things done safely.
But safety and operations don’t have to be mutually exclusive. In an article for Harvard Business Review, David Michaels, formerly the United States Assistant Secretary of Labor for Occupational Safety and Health, asserts that “companies can be successful and safe at the same time. The reality is that virtually all workplace injuries are ….” Read More >
By Deborah Lockridge, Heavy Duty Trucking – December 7, 2018
Your driver had to wait long past his appointment to unload, and now he’s out of hours. The receiver says the driver has to leave the property, but doing so will break federal hours of service rules. The now-required electronic logging device means he can’t “fudge” his duty records with the ELD as he might have with paper.
In recognition of this dilemma, last June, the Federal Motor Carrier Safety Administration loosened up its guidance on personal conveyance to offer drivers Read more>
CDL Life – By Ashley – January 6, 2020
Navistar has issued a recall for thousands of trucks due to a defect that could cause a parked truck to move, increasing the risk of a crash.
Navistar recently announced a recall for certain 2019-2020 International MV and HV, 2018-2020 Workstar, and 2018-2019 Durastar vehicles equipped with feature codes 12VXT and 12VXU.
The number of trucks impacted by the recall is 12,539. Read more>
Trucking urges Congress to pass DRIVE-Safe Act
FleetOwner | Catharine Conway – April 21, 2021
As the world continues to recover from the COVID-19 pandemic, trucking leaders are continuing to advocate for the most important issues impacting the industry. On April 14, 117 organizations, representing the agriculture, manufacturing, retail, food service and trucking sectors of the U.S. supply chain, sent a letter to transportation leaders in Congress urging passage of the DRIVE-Safe Act, legislation that can help remedy the growing driver shortage.
Driver’s Untreated Sleep Apnea Contributed to 2018 Fatal Crash
TTNews | Eric Miller – July 09, 2020
A National Transportation Safety Board investigation concluded that lack of a “robust medical certification evaluation process” on the federal level to identify and treat commercial drivers at high risk for obstructive sleep apnea was one of three safety issues that contributed to a fatal, multivehicle heavy truck-involved crash in 2018.
The agency in its report said it has wanted the Federal Motor Carrier Safety Administration to take stronger action on screening for OSA for more than 10 years
HDT Truckinginfo | Rick Malchow – March 1, 2021
Before you dismiss your company vehicles as exempt from the FMCSRs, you need to ensure your vehicles really are exempt according to the general definition of a CMV (Commercial Motor Vehicle). This broad definition, found in 49 CFR 390.5, defines CMVs as vehicles that operate in interstate commerce, on a highway, that weigh over 10,000 pounds (10,001 pounds or more).
Freight Waves | John Kingston – November 29, 2020
The owner of a trucking company has been charged with lying to the Federal Motor Carrier Safety Administration about the ownership of a company he controlled.
In order to prevent the government from learning that the two entities were related and affiliated, the company owner directed his employees to create and present false documents and representations to (FMCSA).
TTNEWS – Hilary Daninhirsch | Special to Transport Topics – September 25, 2020
Fleets and shippers have been taking extra precautions to help protect the professional truck drivers who have been serving on the front lines of the nation’s response to the coronavirus pandemic.
Apart from implementing general sanitation and social distancing measures to contain the spread of COVID-19, many trucking companies and their customers have moved forward with
By CCJ – James Jaillet, August 25, 2020
Leveraging new authority granted as part of the federal government’s COVID-19 emergency declaration, the Federal Motor Carrier Safety Administration this year has ramped up its offsite compliance reviews of motor carriers’ records and safety practices. The agency in May issued pandemic-related regulatory guidance that allows offsite audits to determine carriers safety ratings.
Read More >
By Eric Miller – June 12, 2020
More than 10,000 positive drug tests for marijuana were reported to the federal Drug & Alcohol Clearinghouse through the end of May this year, distinguishing pot by far as the banned drug of choice for truck drivers failing tests, according to new numbers released in a Clearinghouse report June 11. Of the 21,156 positive tests reported since the Clearinghouse opened Jan. 6, 10,338 were for marijuana, 3,192 for cocaine, 2,184 for methamphetamines and 1,108 for amphetamines. Read More >
By Overdrive Staff – May 25, 2020
It is not unusual for me to see a patient on a dozen or more prescription medications. The patient might have a cardiologist treating heart problems, an endocrinologist treating diabetes and a primary care physician treating other conditions.
Along with the confusion of switching and starting different medications, and the worry of potential side effects from combining meds, a CDL holder often will ask me, “Can I still drive if they put me on XYZ?” Read More >
By Jennifer Smith, The Wall Street Journal – March 18, 2020
Truckers are trying to navigate growing challenges on highways and at loading docks as they seek to keep supply chains running to meet surging coronavirus-driven demand for consumer staples and medical equipment.
Truck-stop restaurants in some states have shut dining rooms and switched to takeout service to comply with health orders aimed at controlling the spread of the virus. On Tuesday, Pennsylvania closed its state-run rest stops, cutting back significant parking space along key logistics corridors. Read more >
By John Sommers II for Transport Topics – February 12, 2020
The Federal Motor Carrier Safety Administration has issued a final rule that continues to reduce commercial vehicle registration fees in 2020 and 2021, the agency announced Feb. 12.
FMCSA said it is reducing the 2020 annual registration fees collected by states for motor carriers, private motor carriers of property, brokers, freight forwarders and leasing companies by 14.45% below the 2018 registration level. Read more >
ttnews.com – By Eleanor Lamb – December 27, 2019
The Federal Motor Carrier Safety Administration is increasing the minimum annual percentage rate for random controlled substances testing for truck drivers.
According to a document published in the Federal Register on Dec. 27, the agency is increasing the minimum annual percentage rate for random drug testing from 25% of the average number of driver positions to 50% of the average number of driver positions. This change will take effect Jan. 1, 2020. Read more>
The importance of post-trip inspections
American Trucker | Gino Fontana – Aug 31, 2021
We tend to talk about pre- and post-trip inspections in one breath, almost as if they are the same thing. I understand, of course, that the driver probably is using the same inspection form and following the same process to complete both the pre- and post-trip inspection, but I am going to go out on a limb and to say that of the two inspections, the post-trip may be more important than the pre-trip.
Land Line | Greg Grisolano – April 20, 2021
A new supplemental notice to a final rule aimed at updating and streamlining medical examiner regulations would set the new deadline more than a decade after the final rule first came about.
The Federal Motor Carrier Safety Administration proposes to amend its regulations to extend the compliance date for several provisions of its 2015 medical examiner’s certification integration final rule by another four years, until June 23, 2025.
Land Line | Mark Schremmer – March 5, 2021
Lawmakers are again making a push to pass legislation that would require underride guards on the sides and front of all new tractor-trailers. Earlier this week, Sens. Kirsten Gillibrand, D-N.Y., and Marco Rubio, R-Fla., reintroduced the Stop Underrides Act. Similar measures were introduced in 2017 and 2019. Proponents of the bill say that studies show that an underride guard, which is a barrier attached to the lower area of a truck, would prevent a car from sliding underneath a truck during a crash.
FleetOwner | Josh Fisher – October 13, 2020
Fleets are finding success in combating distracted driving with training and technology. But other drivers’ distractions remain a problem for professional drivers.
According to the National Highway Traffic Safety Administration (NHTSA), distraction on the roadways has been a constant problem in the U.S. over most of the past decade, which attributed about 23,000 highway deaths to distraction between 2012 and 2018.
CDL Life – Ashley – September 25, 2020
A pickup driver’s attempt to haul a Hummer goes very wrong in this dash cam clip.The incident was caught on camera on September 17, 2020, in Irving, Texas.
”My commute home in DFW on my dashcam. The trailer was way too top-heavy with a hummer on the top and the driver took the bypass going to fast One gentleman in the truck was perfectly fine,” the dash cammer writes.
By CDL Life – Summer Smith – July 16, 2020
A new study released by University of Central Arkansas (UCA) in Conway reports that if the FMCSA mandates hair follicle testing, nearly 300,000 truck drivers would be out of a job. “To ensure the safety of our roadways, the U.S. government requires all drivers to pass urinalysis drug screens. However, urinalysis drug screens are easily thwarted and some trucking companies use hair drug screens, a more stringent test.” Read More >
By OOIDA- June 3, 2020
Committee on Transportation & Infrastructure Chairman Peter DeFazio (D-OR) today released his much-anticipated highway bill proposal, starting the House’s long process of developing its version of the next surface transportation reauthorization. The bill includes increased funding for highway construction, $250 million for truck parking projects, provisions that will help limit excessive detention time and predatory lease-to-own schemes, new restrictions on tolling, and further analysis of questionable H-1B Visa use within the trucking industry. Read More >
By Alan Adler, FreightWave – April 7, 2020
Often-fatal underride crashes that occur when a passenger vehicle slides under a truck trailer are becoming less frequent as more trailer makers make standard guards to prevent them.
The Insurance Institute for Highway Safety (IIHS) persuaded the eight largest trailer makers to install rear underride guards — metal bumpers that hang from the backs of semi-trailers — to prevent a passenger car from sliding under the trailer in a rear impact. By September 2018, all eight received good ratings for underride protection. Read More >
By Lee Davidson, The Salt Lake Tribune – April 1, 2020
John Evans, a long-haul truck driver based in Salt Lake City, loves how children in South Carolina held signs saying, “We love you, truckers.” He tells how his partner tried to buy a sandwich in Kentucky but was told someone left a gift card there to provide free food for any truckers.
As Evans delivers loads now, he said most customers are welcoming him with free coffee and doughnuts or effusive praise for continuing to work during the coronavirus outbreak. Read more >
By Mark Boada, Fleet Management Weekly – February 12, 2020
While it’s true that some of the most significant fleet costs are the result of highway accidents – especially when fatalities are involved – a very substantial amount are the result of injuries work truck fleet drivers suffer that aren’t collision-related.
We’re talking here about non-fatal musculoskeletal injuries suffered by drivers of every truck class, from light through heavy-duty Read more >
Submit Your Case