Module 6: Truck Driver Safety & Compliance:
The Role of Shippers & Receivers
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Purposes:
• Review the fundamentals of
commercial driver fatigue,
alertness, & health
• Enlist shipper, receiver, & broker
support for improved driver rest
and Hours-of-Service compliance
• Foster a team approach to
commercial driver compliance,
safety, & health
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Problems
• CMV drivers face multiple
fatigue management and
related health challenges.
• HOS compliance is essential.
• CMV drivers often treated as
the “elastic band in the supply
chain link.”
• This elevates crash risks and
also leads to operational
inefficiencies.
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North American Fatigue Management
Program (NAFMP) Goals
• Develop guidelines, materials and tools for motor carriers to
reduce driver fatigue
• Provide driver education & training
• Facilitate medical screening and related support
• Improve driver scheduling & dispatching
• Fully involve all levels of company management, staff, drivers,
and family members
• Sensitize shippers, receivers, & brokers to driver fatigue
concerns
• Improve shipper, receiver, & broker practices relating to
driver fatigue
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Overview of NAFMP
Training Program
Module
Audience
Module 1: FMP Introduction and Overview
Carrier Execs & Managers
Module 2: Safety Culture and Management Practices
Carrier Execs & Managers
Module 3: Driver Education
Drivers
Module 4: Driver Family Education
Driver Families
Module 5: Train-the-Trainer for Driver Education and
Family Forum
Module 6: Shippers and Receivers
Trainers
Shippers & Receivers
Module 7: Motor Carrier Management Sleep
Disorders Screening and Treatment
Carrier Execs & Managers
Module 8: Driver Sleep Disorders Screening and
Treatment
Module 9: Driver Scheduling and Tools
Drivers
Dispatchers & Managers
Module 10: Fatigue Monitoring and Management
Technologies
Carrier Execs & Managers
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Module 6 Overview
Fatigue Basics
• Alertness, Sleep, Wellness, & Safety
• Fatigue-Related Crashes
• Factors Affecting Alertness & Fatigue
Driver Rules & Challenges
• Hours-of-Service (HOS) Rules
• Drivers’ Fatigue Management Challenges
Fatigue Management Solutions
• Transport Safety Team Concept
Drivers
• Industry Guidelines & Standards
• Specific Best Practices
Fatigue
Management
Driver
Shippers &
Families
Receivers
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Carriers
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Fatigue Basics
Alertness, Fatigue, & Wellness
• What is alertness?
Alert = awake + attentive
• What is driver fatigue?
– Decreased alertness, attention, and
capacity to perform
– Drowsiness or sleepiness
– Not the same as physical exhaustion
• What is wellness?
Wellness = physical, mental, emotional,
& behavioral health
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Importance of Sleep, Alertness, &
Wellness to Safety
• Asleep-at-the-wheel is a top
cause of crash deaths for CMV
drivers
• A serious at-fault crash can end
a driver’s career
• It can put a carrier out-ofbusiness
• Litigation may target all parties
in the supply chain
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Fatigue-Related Crashes
• Usually single-vehicle road
departures
• Driver alone
• Peak risk: 2:00am to 7:00am
• Usually serious crashes
• Usually associated with
insufficient sleep and/or long
work hours
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Threat to Drivers
• National Transportation Safety
Board (NTSB) study of 182 fatalto-the-driver large truck crashes
– In-depth investigation revealed
fatigue to be a principal cause in
31%
– Speeding and other causes often
contributed
– Fatigue was the biggest single
cause
• In 2010, more than 500 U.S.
truck drivers died in crashes
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Fatigue Crash Costs
• FMCSA estimates total societal
cost of an average tractorsemitrailer crash to be $181,000
• Compared to the average crash,
truck driver fatigue crashes are:
– Twice as likely to result in injuries
– More than twice as severe overall
• Therefore, average overall cost of a
truck driver fatigue crash is likely
to be > $350,000
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Crash Litigation
• Catastrophic crashes often
result in litigation
• Shippers and brokers, especially
those with “deep pockets,” may
be brought into lawsuits by
plaintiff attorneys
• Testimony may address loading
practices, treatment of drivers,
delays, route or delivery
requirements, etc.
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Fatigue Factor: Amount of Sleep
• Last main sleep period (e.g.,
last night)
• Previous sleep periods (e.g.,
previous nights)
• Naps
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Relative Performance
Cumulative, Progressive Effects of Different
Amounts of Sleep on Performance
9 Hrs in Bed
7 Hrs in Bed
5 Hrs in Bed
3 Hrs in Bed
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Days of Restricted Sleep
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Naps
• Extremely beneficial – best
on-road countermeasure to
drowsiness!
• Even a short, 20-minute nap can
greatly improve alertness and
performance for hours afterwards
• NASA study of airline pilots found
that planned naps reduced
subsequent dozing by 50% and
errors by 34%
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Daily Circadian Rhythm
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Physiological
Controlled by the brain
Virtually all animals
Resistant to change (e.g., jet lag)
Occur even if you get plenty of
sleep
• Affected by light & dark
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Relative Alertness
Daily Circadian Rhythm
Hour of the Day
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Time Awake
• “16-Hour Rule” – nature’s Hoursof-Service (HOS) rule
16
HOURS
• One study compared alertness
AWAKE
effects of long times awake to
that of alcohol (BAC):
– 17+ hours awake ≈ 0.05% BAC
– 24+ hours awake ≈ 0.10% BAC
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Time Working & Driving
% of Fatal Crashes
Fatigue-Related
• Studies show increased crash risks associated with longer
hours driving
• Longer working and driving hours also associated with
excessive time awake
• Trucks in Fatal Accidents (TIFA)
study found the fatiguerelated crash percentage
increased 7-fold when drivers
drove beyond their legal
driving-hour limit
Legal Driving
Hours
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Illegal Driving
Hours
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Other Factors Affecting Alertness
• Individual differences in
susceptibility
• Traffic
• Monotony
• Weather conditions
• Environmental stress
(heat, noise, vibration)
• Social interaction
• Caffeine
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Driver Rules & Challenges
Key U.S. HOS Rules for
Truck Drivers
• 14-hour “driving window”
• 11-hour driving limit
• 10-hour minimum off-duty period
– 10 continuous hours or
– 8-2 split in sleeper berth
• Weekly limits; no driving after:
– 60 hours on-duty in 7 consecutive days
– 70 hours on-duty in 8 consecutive days
• 34-hour “restart”
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Key Canadian HOS Rules
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Daily 16-hour “driving window”
Daily 14-hour work limit
Daily 13-hour driving limit
Daily 10-hour minimum off-duty period
– 8 continuous hours, plus 2 additional hours taken in
periods of >30 minutes
– More flexible 10-hour splits for team drivers.
• Weekly limits:
– 70 hours in 7 consecutive days; 36-hour “restart”
– 120 hours in 14 consecutive days; 72-hour “restart”
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HOS as a Fatigue Countermeasure
HOS Compliance:
• Affords drivers the opportunity for obtaining
sufficient sleep and for other healthful behaviors.
• 10-hours off-duty  7-8 hours sleep
• Tours-of-duty within nature’s “16 hours awake
rule”
• 11-hour driving rule (13 in Canada) limits time
driving
• Weekly limits permit rest and recovery on days off
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Driver Fatigue Management
Challenges (1 of 2)
• Often a tight schedule for getting
main sleep
• Extended work hours
(+ commuting for many)
• Changing work schedules
• Work/sleep periods conflict with
circadian rhythms
• Driving “windows” mean every
minute counts
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Driver Fatigue Management
Challenges (2 of 2)
• Unfamiliar or uncomfortable
sleep locations
• Disruptions of sleep
• Limited opportunities for exercise
• Difficulty in finding healthy foods
on the road
• Environmental stressors (e.g.,
noise, heat, cold, lack of
ventilation)
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Truck Rest Parking:
Availability & Quality
Percent of surveyed drivers answering “always” or
“frequently”:
• Find space at truck stop: 34%
• Find space at public
rest area: 11%
• Facilities are adequate: 51%
+ Most truck ventilation systems require vehicle
idling, which more and more locations are restricting
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Customer-Related
Fatigue Management Challenges
• Limited access to parking & comfort facilities
• Schedule pressure
• Excessive loading/unloading delays
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Limited Access to Parking &
Comfort Facilities
• Some shippers/receivers do not
permit CMV drivers to take offduty periods in their lots
• This may force them to park on
nearby shoulders and ramps
• Some shippers/receivers do not
allow drivers full access to
comfort facilities (restrooms,
lounges, and lunch rooms)
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Schedule Pressure (1 of 2)
• Delivery schedules can be set by
shipper and receiver prior to broker,
carrier, or driver involvement
• Delivery deadlines can be based on
unrealistic time estimates, or “best case
scenarios”
• Carrier must decide whether to accept
tight schedule or forego the load
• Shipper-carrier contracts may contain
strict performance requirements, such
as 98% or greater on-time deliveries;
principals are hesitant to request
revised deadlines
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Schedule Pressure (2 of 2)
• Stringent delivery requirements may
incent unsafe driver actions such as:
– Continuing to drive when fatigued
– Violating HOS rules
– Unsafe speed
• Driver expected to be the “elastic
band” in the supply chain
• Problem exacerbated if shipper
specifies shorter but slower travel
route
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Excessive Loading/Unloading
Delays (1 of 2)
• Driver detention at shipper/receiver locations is a colossal
problem
• Annual costs estimated at
$3 Billion per year for industry
and $6.5 Billion for the overall
economy
• Lost driver time exacerbates
the driver shortage
• Most driver pay is by the mile, so lost time can lead to
driver frustration and haste
• Delays can lead to HOS violations, which puts carriers atrisk financially and legally
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Excessive Loading/Unloading
Delays (2 of 2)
• U.S. Government Accountability Office (GAO) Study:
– 68% of surveyed drivers
detained more than 2 hours
in past month (some more
than 8 hours!)
– Of drivers detained:
• 80% said it affected their HOS
compliance
• 65% lost revenue due to delay
• Only 35% were compensated financially
• Texas Transportation Institute:
True cost of truck delays = $80 to $121 per hour
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Sources of Loading/Unloading
Delays
• Inadequate facility capacity
or equipment
• Product not ready for
shipment
• Slow service by facility staff
• Scheduling practices or
priorities; e.g., truck trailer
used as supplemental
warehouse
• Other factors
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Even Small Delays Can Have
Big Consequences!
• Delayed driver who runs out of work
shift hours must take 10 hours off-duty
before proceeding
• Driver who runs out of weekly hours
must take “weekend” (34 hours in the
U.S., 36 or more in Canada) before restarting
• HOS violations count against both
carriers & drivers
• All parties are harmed: shippers,
receivers, brokers, carriers, & drivers
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Most Vulnerable: Small &
Independent Carriers
• Less likely to:
– Have established trip transit time
standards
– Charge detention fees
– Have systematic procedures and/or
technologies (e.g., EOBRs) to address
problem
• Less able to:
– “Drop and hook” trailers
– Adjust schedules (e.g., switch
dispatches)
– Absorb $ losses
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Fatigue Management Solutions
Transport Safety Team
Drivers
Fatigue
Management
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Carriers
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Transport Safety Team
Fatigue
Management
Drivers
Carriers
Driver
Families
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Transport Safety Team
Carriers
Fatigue
Management
Drivers
Driver
Families
Shippers,
Receivers,
& Brokers
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TCA/NITL Code of Ethics
• Established in early 2000s by the
Truckload Carriers Association (TCA) and
the National Industrial Transport League
(NITL)
• Voluntary guidelines (not a prescriptive
standard or legal requirement)
• 29 shipper/receiver and 25 carrier/driver
guidelines
• Often incorporated by reference into
carrier-shipper contracts
• Has not solved all problems but has
increased mutual understanding and
cooperation
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Selected TCA/NITL Guidelines for
Shippers & Receivers
• Cooperate with carrier in establishing reasonable
transit time requirements so carriers can comply with
driver HOS regulations and speed limits.
• Provide for prompt loading/unloading of trucks that
arrive within the scheduled time. Do not unreasonably
refuse to reschedule appointments if circumstances
change. Cooperate in loading/unloading trucks that
arrive early or late or without an appointment.
• Maintain reasonable hours for loading and unloading.
• Provide drivers access to safe, clean, and well-lit
restrooms, water and other comfort facilities.
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Selected TCA/NITL Guidelines for
Carriers & Drivers
• Quote transit times that can clearly be achieved
within driver HOS regulations and prevailing speed
limits
• Keep scheduled appointments or call ahead to
request a changed appointment
• Operate company in accordance with DOT safety,
insurance, and other regulations to minimize risk to
carrier, shipper, receiver, driver, and public
• Give clear instructions to drivers as to service and
contract requirements expected by shippers and
receivers
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Chain of Responsibility?
• Drivers and carriers principally
responsible for HOS compliance or
non-compliance
• Receivers, shippers, and brokers
may also contribute by their
policies and actions
• Australia has implemented a “Chain of
Responsibility” principle into law: All who bear
responsibility for conduct which affects compliance
should be made accountable for failure to discharge
that responsibility
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Canadian Regulation Regarding
Shipper/Receiver Responsibilities
• HOS Section 4d:
No motor carrier, shipper, consignee or other person
shall request, require or allow a driver to drive and no
driver shall drive if . . . the driver . . . would not be in
compliance with these [HOS] Regulations.
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Vicarious Liability:
Potential Concern for Shippers & Brokers
• Plaintiff attorneys could attempt to
hold shippers and brokers liable for
truck crash damages.
• Vicarious liability: legal doctrine that
potentially “places responsibility with
one person for the failure of another,
with whom the person has a special
relationship . . . “
• Even successful legal defenses can be
extremely expensive.
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Pending U.S. Legislation
H.R. 756, introduced in the House
of Representatives on Feb. 17,
2011, directs the Secretary of
Transportation to:
• Study the detention of
commercial drivers by shippers
and receivers
• Prescribe maximum hours a
driver can be detained without
compensation
• Prescribe penalties for violations
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Realistic Trip Schedules
• Start with better communication
among all parties
• Pre-set standard and acceptable
delivery times when possible
• Cut some slack! Unexpected
delays should be expected!
• If loading is delayed, delivery will
likely be delayed; perhaps by >10
hours
• Travel routes should maximize
use of Interstates and other
freeways
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Reduce Loading/Unloading Delays
• Carrier manager survey: reducing
loading/unloading delays rated most
important of 17 safety-related
operational practices
• Both parties should respect
appointment times and plan accordingly
• Embrace two hours as the expected
loading/unloading time
• Detention fees for waits of more than
two hours are becoming a standard
practice
• Consider physical upgrades to facility
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“Driver-Friendly” Queuing
Practices
• Most demoralizing: physical cues where drivers must
be continuously ready, but without knowing when
they are up
• When possible, assign waiting
drivers time slots so drivers
may take sleeper berth
periods, naps, or just rest
• Don’t disturb drivers who are
taking mandatory off-duty or sleeper berth periods
• Allow drivers access to comfort facilities
• Set and maintain loading/unloading standards
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Off-Hour Parking Access
• Appreciate the difficulties
drivers face in finding places to
park and sleep
• Consider allowing off-hour
parking access to yard areas
• May require security changes
– Combination-operated gate lock
– Upgraded building security
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Conclusion