The head of a federal watchdog agency recently recommended
that the FMCSA and NHTSA take a series of actions – including increased enforcement
of cabotage laws – that it said would help the federal government meet its goal
of reducing highway deaths.
Kenneth Mead, Inspector General of the U.S. Department of
Transportation, also said that beefed up enforcement of the hours-of-service rules
and action to cut back on CDL fraud would help the two agencies meet the
federal goal of cutting the overall
highway fatality rate to one death per 100 million vehicle miles traveled by
his testimony, Mead said the Federal Motor Carrier Safety Administration and
the National Highway Traffic Safety Administration both “have, overall, made good progress,” including
a drop in the number of traffic fatalities. However, he did make several
suggestions on how their performance, especially in that area of reducing
fatalities, could be improved.
His comments regarding cabotage were
especially pointed: “Even before the border has opened, records indicate that
state inspectors have already found more than 100 Mexican trucking companies
operating illegally in the interior United States.”
The FMCSA issued an order in 2002 that said
state inspectors should place Mexican trucks lacking authority out of service;
however, the Office of Inspector General found that five states had no law
allowing them to enforce the rule, and others were not doing so because the
rule is not included in the out-of-service criteria used by the Commercial
Vehicle Safety Alliance.
The Inspector General also recommended the
Department of Transportation use “covert methods” to find CDLs obtained through
fraud, as well as to make sure that truckers who received CDLs from inspectors
suspected of fraud have valid licenses.
Those covert methods would including have
police office pose as truckers and attempt to obtain a CDL.
Mead said the CDL fraud problem is
“We have found far too many CDL fraud schemes
— in 23 states — and identified more than 8,000 drivers who had obtained their
CDLs through state employees or ‘third-party examiners’ suspected of fraud,” he
He added that “when corrupt examiners are caught, the holders of CDLs approved by
those examiners be retested.”
Mead also called on the DOT to increase its
activities to stop the worst violations of the hours-of-service rules. But
rather than concentrating solely on heavier enforcement against drivers, the
Inspector General also spoke about increased enforcement against companies.
“We have conducted criminal investigations of
egregious cases in which trucking company officials have been prosecuted for
systematically forcing their drivers to drive well in excess of the limits,” he
said. “Unscrupulous trucking companies and drivers view FMCSA’s fines for Hours
of Service and log book violations simply as a cost of doing business.”
Mead said that if black boxes were not
included in the new hours-of-service currently being developed by FMCSA, that
the agency should “to develop additional strategies to deter Hours of Service
“Current penalties and enforcement methods
can be further strengthened to deter this offense,” he said.
Among the HOS changes he recommended:
- End the distinction between a missing or incomplete logbook and
possessing a false logbook. A false log carries a fine up to 10 times
greater than a missing one.
- End the policy that restricts inspectors conducting compliance
audits from using data from carriers’ GPS or onboard recording devices to
check for HOS violations.
made the comments in the written version of his testimony to the Senate Subcommittee on Surface Transportation and
Merchant Marine, which is part of the Committee on Commerce, Science and
Transportation. He testified April 5.