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The High Stakes of Mandating Side Underride Guards: Could It Spell Disaster on Rail Crossings?

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The National Highway Traffic Safety Administration’s (NHTSA) latest proposal to enforce side underride guards has trucking experts worried about the potential consequences. While the aim is to enhance safety, it may actually lead to disaster on rail crossings.

In April, NHTSA’s Advance Notice of Proposed Rulemaking (ANPRM) generated over 2,000 comments on the Federal Register; however, it is evident that the agency lacks clarity on how mandating side underride guards would impact the operational safety of commercial truck drivers.

“NHTSA did not take into consideration the practicability and feasibility of side underride guards on trailer and semitrailer operations,” the ANPRM reads.

Operational concerns are a significant issue in the transportation industry. One area of concern a coalition of rail and port associations brought up is the need for an exemption for intermodal chassis, which are frequently stacked. This stacking could be hindered by underride guards, making an exemption necessary.

The most pressing safety concerns, however, revolve around the issue of ground clearance at rail crossings. This raises important questions regarding the safety of vehicles traversing these crossings.

“Could side underride guards scrape or snag on the road surface when the trailer travels over humped surfaces like some rail crossings or when the truck backs into a steep loading dock ramp?” asks NHTSA’s ANPRM. “Could movement of the trailer then be disabled, damaging the guards and necessitating replacement?”

The answer to these questions is most likely a resounding yes. The Owner-Operator Independent Drivers Association (OOIDA), expressing their views through comments filed in the Federal Register, firmly believes so.

“OOIDA has notably heard from drivers about the dangers of traversing highway-rail crossings with side underrides attached to their trailers,” the organization wrote. “In 2022, there were more than 2,000 highway-rail crossing collisions in the U.S. and more than 30,000 reports of blocked crossings submitted to the Federal Railroad Administration’s public complaint portal.”

Truck driver Patrick Newbill’s comment cuts to the core of the problem in the regulatory docket. “We already have a hard enough time backing up into steep docks, going over rail crossings, and making sharp turns,” he said. “Things are not set up to accommodate underride guards. They will just cause more trailer and property damage.”

Flatbed truck driver Norman Lassen provided an insightful comment on the potential effects of the mandate, highlighting the significant and unforeseen impacts it could have on his operations.

“As a flatbed owner, I will be forced to put my dunnage, V boards, ladders, and other equipment I currently store under the trailer between the frame rails, out of sight,” he said. Storing it all on top of the trailer “will reduce the loading space on the trailer and will invite theft. Not to mention the added weight on a truck that needs the lightest weight possible to serve my customers.”

Lassen added he felt that “the guards will cause more truck-train collisions, as they will high-center trucks on sloped crossings even more than what happens now.”

The Truck and Trailer Manufacturers Association (TTMA) stands with drivers who are against the mandate.

“TTMA believes that adoption of current SUG designs will necessarily increase incidents of trailers getting hung up at railway crossings,” the organization wrote in its comment to NHTSA. “[That] would increase risk of death and injury at these crossings. Again, the magnitude of this risk is hard to quantify accurately, but also could be greater than any benefit.”

The recent increase in high-profile train derailments has raised concerns about liability in cases of potential rail disasters. What happens if a truck equipped with a government-mandated side underride guard gets stuck at a rail crossing, intersection, ramp, or hill? It is important to note that existing roads were not designed with side underride guards in mind, and the OOIDA believes that the carrier and/or its driver would be held responsible for any liability in such situations.

“In these situations,” the OOIDA wrote, “due to sovereign immunity at the federal and state level for claims relating to negligent roadway design and construction, motor carriers will be unable to recover damage costs sustained from underride equipment on poorly designed or constructed areas of the current infrastructure.”

According to OOIDA, motor carriers could “find themselves facing liability for damage caused by underride equipment. Both of these scenarios require the motor carrier, or its insurer if the policy provides applicable coverage, to bear the cost of resulting damage.”

Trailer owners and pullers face a lengthy list of potential issues and costs associated with installing and maintaining side underride guards. These include increased fuel consumption, interference with inspections, and damage to trailer bodies and low-hanging rails. It’s important to note that the NHTSA’s own analysis does not assert that the benefits of the mandate outweigh the costs.

In fact, the ANPRM estimates that the mandate could cost the trucking industry approximately $73 million per year for each life saved. This calculation is based on dividing the projected costs of around a billion dollars by the projected lives saved: 17.

Rail crossings lack the same clear signage as highway bridges, leaving truck drivers uncertain about clearance heights. The Federal Railroad Administration (FRA) does not provide information on clearance heights, and there is no publicly available source for such information. The responsibility for calculating clearance falls solely on the driver, with no clear guidance from the FRA.

The FRA has discussed the issue of lowering trailer clearances with the NHTSA, but no solutions have been implemented yet. Truck drivers are responsible for avoiding trailer-related incidents at rail crossings, with minimal assistance from signage or other information sources.

 

Source: Overdrive

Business

Supply Chain Turmoil Hits Drivers as Costs and Shortages Persist

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Supply Chain Turmoil Hits Drivers as Costs and Shortages Persist

“Due to the exorbitant cost of shipping, we have had to raise prices to our customers as well as order eight months’ worth of inventory, eight months in advance.” — Hanna from The Crown Choice

The anticipated recovery year turned into ongoing supply chain disruptions, with raw material shortages and factories in China operating on limited schedules. The cost of shipping containers has skyrocketed, impacting small businesses and their ability to order inventory effectively.

What This Means for Your Wallet and Your Miles

Shipping costs are at an all-time high, which could mean higher operating costs for you as a driver. If you’re hauling goods for small businesses, expect them to pass these costs along in the form of higher order rates or delayed payments.

Fuel costs are also likely to be affected as ripple effects from supply chain disruptions impact pricing. Keep an eye on fuel surcharges and budget accordingly to avoid surprises in your expense sheet.

If you’re relying on contracts with big retailers, be prepared for potential delays. Mass retailers are struggling with empty shelves, which might lead to fewer loads as they adjust to the new normal.

Load availability may shift as businesses look to diversify their supplier base. Stay flexible and ready to adjust your routes based on changing demand and supply scenarios.

  • Monitor fuel price trends as supply chain disruptions could cause fluctuations.
  • Watch for changes in load availability from major retailers like Walmart and Home Depot.
  • Stay alert for announcements on shipping rate adjustments from logistics providers.
  • How are shipping costs affecting my job?

    High shipping costs are driving businesses to increase prices, which may lead to fewer shipments or altered contracts. Be prepared to adjust to these changes.

    Will this affect fuel prices?

    Yes, supply chain disruptions can influence fuel prices, so keep an eye on trends and potential surcharges that may affect your operating costs.

    What about load availability?

    Load availability could fluctuate as businesses adjust their supply chains. Flexibility in routes and contracts will be crucial to maintaining steady work.

    How can I prepare for potential delays?

    Keep in close contact with your logistics partners and clients. Understanding their challenges can help you anticipate delays and adjust your schedule accordingly.

    Is there anything I can do to mitigate these costs?

    Consider renegotiating rates and contracts to account for increased costs, and explore new markets and clients who may offer more stable opportunities.

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    Key Strategies for Effective Remote Worker Time Management

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    Key Strategies for Effective Remote Worker Time Management

    Remote work has become increasingly popular in recent years, thanks to technological advancements and changing attitudes towards work-life balance.

    The article discusses various strategies and tools to enhance time management for remote workers. It covers setting expectations, choosing appropriate time tracking tools, and maintaining accountability to improve productivity in a remote work environment.

    What This Means for Your Wallet and Your Miles

    For drivers who also manage remote workers or work remotely themselves, the right time tracking tools can streamline operations and improve productivity. This could potentially reduce overhead costs and increase efficiency.

    Setting clear expectations regarding availability and communication can help avoid misunderstandings and reduce downtime, ensuring you stay on top of your tasks and deadlines.

    Establishing a routine can help you make the most of your work hours, allowing more time for driving or managing logistics without affecting performance.

    Regularly reviewing and adjusting your time management practices can help identify inefficiencies, allowing you to make changes that enhance productivity and ensure a steady flow of income.

  • Evaluate the effectiveness of your current time tracking practices monthly to ensure they align with your productivity goals.
  • Monitor feedback from your team or remote workers to identify any communication or time management issues that may arise.
  • Stay updated on new time tracking tools that could offer better functionality and integration with your existing systems.
  • How can I improve time management for my remote workers?

    Set clear expectations for work hours and communication, use effective time tracking tools, and establish routines to optimize productivity.

    What are some recommended time tracking tools?

    Popular options include Toggl, BuddyPunch, RescueTime, and Harvest, each offering different features suited to various needs.

    How often should I review my time tracking practices?

    Regular reviews, ideally monthly, can help identify areas for improvement and ensure your practices remain effective and aligned with goals.

    Why is accountability important in remote work?

    Accountability helps maintain productivity and motivation, ensuring that tasks are completed efficiently and on time.

    What should I do if my current routine isn’t working?

    Be flexible and willing to adjust your routine or try new tools and strategies to find a setup that maximizes productivity and fits your work style.

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    Ohio Pursues Legal Action Against Trucker for Alleged Toll Skipping

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    An Illinois-based trucker, Moath Musamih, from Orland Park, has been formally indicted in Ohio on grand theft charges for allegedly avoiding nearly $22,000 in turnpike tolls. The indictment, filed on April 21 by a Williams County grand jury, accuses Musamih of a fourth-degree felony relating to unpaid tolls, with potential penalties including up to 18 months imprisonment, a $5,000 fine, and restitution.

    Prosecutors assert that Musamih’s truck was monitored with open-road tolling technology for close to two years. Despite receiving multiple payment notifications, the tolls remained unpaid. The indictment also includes a clause to confiscate the 2012 Freightliner Cascadia allegedly used in these offenses.

    County Chief Investigator Andrew Skiles noted that the Ohio State Highway Patrol had been keeping tabs on Musamih for some time due to the unpaid tolls. According to Skiles, Musamih is an owner-operator whose vehicle, reportedly registered under his wife’s name, was regularly tracked traveling extensive distances on the Ohio Turnpike using an E-ZPass transponder.

    An Ohio State Highway Patrol officer encountered Musamih at a service plaza on eastbound Interstate 80, where an incident report was filed for “Theft by Deception.” The report included accusations of theft without consent and engaging in corrupt activities.

    Williams County Prosecutor Katherine Zartman opted for criminal proceedings against Musamih due to the significant total of approximately $21,991 in unpaid tolls over an extensive period from April 2024 to April 2026. The decision to pursue a fourth-degree felony charge was influenced by Musamih’s alleged repeated offenses and the proposed forfeiture of his semi-truck as it was deemed contraband linked to the criminal activity.

    The Ohio Turnpike and Infrastructure Commission, through its advanced open-road tolling system launched in April 2024, identified Musamih. Executive Director Ferzan Ahmed emphasized the aim to maintain optimal conditions on the turnpike while highlighting the challenges posed by companies that fail to settle their toll liabilities, despite numerous reminders and collection attempts.

    In a broader context, the commission recently disclosed a list of 315 trucking companies accused of evading $5.2 million in tolls over the past two years, indicating a widespread issue with rogue operators.

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