Are too many rules to blame for our infrastructure woes?

[kscarbel2]

Sean Kilcarr, Fleet Owner  /  March 30, 2017

In their heart of hearts, no one really likes rules in trucking, much less the transportation and logistics industry as a whole.

Now, many may rightly say this rule or that regulation is needed to improve safety, but really, at the end of the day for most fleets, a rule ends up being just one more headache – one more item on the checklist of life that needs to be crossed off – on the road making a living hauling freight.

[For some interesting “inside baseball”-style insight into how the rules governing transportation get made, go here, here, and here.]

Yet here’s an interesting twist to add to this discussion regarding rulemaking: are regulations actually hindering the refurbishment of our nation’s transportation infrastructure?

None other than U.S. Secretary of Transportation Elaine Chao touched on this line of thought during her speech yesterday at the Department of Transportation (DOT) “open house” ceremony as part of the agency’s ongoing 50^th anniversary celebrations.

[Lyndon Johnson’s administration founded the DOT we know and love today, with the agency going into “full operation” on April 1, 1967. Click here for a detailed history on the DOT’s somewhat tortured creation.]

Chao noted that President Trump’s infrastructure initiative – which she said “will be announced later this year” – will be a “strategic, targeted program of investment” valued at $1 trillion over 10 years; one that will also cover more than transportation infrastructure by including energy, water and potentially broadband and veterans hospitals, as well.

“The President’s plan hopes to unleash the potential for private investment in infrastructure by incentivizing public-private partnerships … and investors say there is ample capital available, waiting to invest in infrastructure projects,” Chao said. “So the problem is not money. It’s the delays caused by government permitting processes that hold up projects for years, even decades, making them risky investments.”

Even transportation safety itself seems to be threatened (if I can use that word) by the tidal wave of regulations crafted over the last several years, according to new report from the Competitive Enterprise Institute (CEI) with this overly-long and clunky title: Toward Performance-Based Transportation Safety Regulation: Focus on Results Instead of Rigid Rules to Improve Safety and Promote Innovation.

“Safety is a major concern when it comes to transporting passengers and freight around the country, but too often regulators make it difficult for industries to find new, innovative ways to meet their safety goals,” noted Marc Scribner, CEI senior fellow and author of group’s report, in a statement.

More bluntly, he added that businesses and entrepreneurs have “long complained” about having to comply with unnecessarily rigid regulations that stress adherence to administrative rules rather than performance-based regulations, which focus on results.

“The best way to improve transportation safety is to replace government micromanaging with performance goals, which would hold industries more accountable and encourage new technologies and practices that improve safety,” Scribner said.

CEI’s data indicates that the “more prescriptive” transportation safety rule – the ones most truckers dislike – are generally found in the pipeline, aviation, trucking, and railroad regulatory regimes.

“Prescriptive rules, in addition to being more onerous for the regulated entities, often produce additional social costs by hindering innovation,” CEI noted in its report.

One example it used to illustrate this problem is the debate over replacing rear and side-view mirrors with cameras – an argument truck engineers are deeply engaged in, especially in terms of fuel economy improvement efforts.

CEI noted in its report that new camera and sensor technologies can obviate the need for rearview mirrors by either replacing the mirrors’ viewing function with cameras or by eliminating the need for driver viewing by automating the driving function completely.

[But don’t bet on automated trucks hitting the road en masse anytime soon.]

Yet Federal Motor Vehicle Safety Standard (FMVSS) 111 currently requires that all passenger cars have side-view mirrors on both the driver and passenger side and rearview mirrors inside – period. No if’s, and’s or but’s.

So now we turn to the November 2015 request from Google for an interpretation of FMVSS 111 from the National Highway Traffic Safety Administration (NHTSA) office of chief counsel for a waiver from this rule.

Why? Google – as we all know – had by that date developed a fully self-driving automobile and was asking about the possibility of alternative rearview mirror compliance with sensors, as the Google prototype eliminated the need for what CEI called “human driver monitoring.”

But in February 2016, CEI noted that NHTSA’s chief counsel replied that under current law, “it cannot interpret Google’s [self-driving vehicle] as compliant with these standards and requirements. This would need to be undertaken through rulemaking.”

NHTSA did entertain the possibility of Google obtaining an exemption in the future from FMVSS 111, but CEI the agency concluded such an exemption would not permit large-scale production and deployment, as current law caps exemptions at 2,500 units per year for two years.

That same month, CEI noted that NHTSA “favorably interpreted” FMVSS 111 to permit the inside rearview mirror to double as a rearview camera display, but this permits cameras and driver displays only as supplements to mirrors, not replacements.

And all of this is going on even as NHTSA is mandating the installation of rear-view camera systems on all light vehicles weighing under 10,000 lbs. manufactured on or after May 1 next year – trucks and buses included.

One would think that rulemaking effort would’ve convinced NHTSA to be more open-minded about cameras. But not yet it seems. And perhaps that’s why in the larger context rulemaking can bog down infrastructure repair and expansion efforts. We’ll see if that holds true going forward.

[BillyT]

WOW! KSB you've nailed it  again! Prior to reading this post I was going to report a plethora of articles in the Tampa Bay Paper that relate to truckers,transportation, and overall highway safety! First the refuse drivers in St Petersburg Florida are forced to drive and work in and around trucks that are equipped with cameras that record their every move dashcams and cameras all around the trucks! The company says there are so many accidents involving packers they are forced to protect themselves! The drivers say it invades their privacy and makes them nervous,as the cameras are in the cab as well as outside the truck! I say enough!! Train your drivers better in safety and respect their judgement! How about take whatever it costs to install cameras and create a fund and give a cash award to all drivers who don't have a chargeable accident! Give a yearly award! We all understand the companies concerns! The cameras say to the drivers " we don't really trust your skills" it creates an adversarial relationship between the companies and the drivers! As we speak, the union and the company are discussing the matter!  All the members have surely heard about about the tragic crash near San Antonio Tx. Between a pickup and a church bus that killed 12 people! Well the p.o.s who drove the pickup just apologized to the victims families... he was TEXTING when he caused the crash! Pretty darn sure his apology was upon the advice of his attorney (s) That old "show remorse" thing,right? A few thoughts...several previous news reports said it was a TRUCK/bus crash! A pickup is not a truck period! Today's report said pickup truck! A pickup is not a truck period! The only good thing about this tragedy is it happened in Texas! Can't wait to see what twelve counts of vehicular homicide and reckless driving bring in Texas! He was seen drifting out of his lane before the crash,hence the reckless driving charge!  On the subject of cameras vs mirrors, while cameras cover a wider area,mirrors are foolproof unlike cameras which are a mechanical device! Therefore I don't feel mirrors should be totally eliminated on any vehicles,although we have seen several class eight prototypes which have cameras only! As I was writing this post a news report showing FHPs new stealth cruiser came on! Fascinating! The markings on the car are like the "Ghost flames" on a street rod! They "disappear" in daylight, but show up clearly at night when lights hit them!The news report was shown from the troopers dashcam as a corrola passes him at 83 mph (in a 55 zone) and doesn't slow down because he doesn't know he.passed a police car 😁 Ever notice that the motorists driving recklessly are often in the vehicle least able to handle well "at speed" 

[BillyT]

Another unnecessary and controversial traffic crash resulting in three fatalities was in the paper today! " Girls mom's plan to sue over deaths" Dominique.Battle 16, and Ashaunti Butler and Laniya Miller, both 15 died on  March 31,2016 when the stolen Honda accord they were driving plunged into a cemetery pond! The sheriff's office said said it ceased pursuit when the Honda drove off at high speeds! First responders entered the pond but stopped when they hit deep muck.The sheriff's office used the three girls to highlight a juvenile auto theft epidemic in Pinellas county.Between them the three girls had racked up seven grand theft auto arrests! The parents of these children allege the first responders didn't try hard enough to save the girls after they crashed their stolen car!  I'd like the members opinions on the issues I've posted!

[hatcity]

2 hours ago, BillyT said:

Another unnecessary and controversial traffic crash resulting in three fatalities was in the paper today! " Girls mom's plan to sue over deaths" Dominique.Battle 16, and Ashaunti Butler and Laniya Miller, both 15 died on  March 31,2016 when the stolen Honda accord they were driving plunged into a cemetery pond! The sheriff's office said said it ceased pursuit when the Honda drove off at high speeds! First responders entered the pond but stopped when they hit deep muck.The sheriff's office used the three girls to highlight a juvenile auto theft epidemic in Pinellas county.Between them the three girls had racked up seven grand theft auto arrests! The parents of these children allege the first responders didn't try hard enough to save the girls after they crashed their stolen car!  I'd like the members opinions on the issues I've posted!

play stupid games, win stupid prizes

[BillyT]

Another unnecessary and controversial traffic crash resulting in three fatalities was in the paper today! " Girls mom's plan to sue over deaths" Dominique.Battle 16, and Ashaunti Butler and Laniya Miller, both 15 died on  March 31,2016 when the stolen Honda accord they were driving plunged into a cemetery pond! The sheriff's office said said it ceased pursuit when the Honda drove off at high speeds! First responders entered the pond but stopped when they hit deep muck.The sheriff's office used the three girls to highlight a juvenile auto theft epidemic in Pinellas county.Between them the three girls had racked up seven grand theft auto arrests! The parents of these children allege the first responders didn't try hard enough to save the girls after they crashed their stolen car!  I'd like the members opinions on the issues I've posted!

Perhaps the girls parents should sue themselves!where were they when they should have been teaching their children right from wrong?

[41chevy]

Seven arrests for Grand Theft Auto and no convictions because "they be only babies" Their deaths are the fault of their mommas for the raising them wild, the D.A and judges.for letting the off as youthful offenders and no one else.Got whats deserved IMO. 

[j hancock]

With the information presented, my sympathy is for the emergency workers who are now drawn into a legal quagmire.

[BillyT]

In the early eighties  when the steel industry left America there was a govt. Training program for those who lost jobs in the steel industry. You could get four years of college,or training in many skilled trades,including truck driver training! What about training for those whose jobs were " offshored in manufacturing and other fields.Perhaps train.former coal miners in trades that are involved in rebuilding our roads,bridges and dams,like welding masonry          ...and so forth! I keep hearing that the construction industry has a critical shortage of skilled tradespersons!  Not everyone has the aptitude or interest to be a college graduate! My late friend and co driver was an an accountant at US Steel Research in Monroeville PA.He went to truck driving school on the program I mentioned! A little known factoid...Monroeville is said to have been a planned community for members of the Pittsburgh mob! Built in the early fifties.

[Red Horse]

On 4/1/2017 at 0:55 PM, BillyT said:

Another unnecessary and controversial traffic crash resulting in three fatalities was in the paper today! " Girls mom's plan to sue over deaths" Dominique.Battle 16, and Ashaunti Butler and Laniya Miller, both 15 died on  March 31,2016 when the stolen Honda accord they were driving plunged into a cemetery pond! The sheriff's office said said it ceased pursuit when the Honda drove off at high speeds! First responders entered the pond but stopped when they hit deep muck.The sheriff's office used the three girls to highlight a juvenile auto theft epidemic in Pinellas county.Between them the three girls had racked up seven grand theft auto arrests! The parents of these children allege the first responders didn't try hard enough to save the girls after they crashed their stolen car!  I'd like the members opinions on the issues I've posted!

 

On 4/1/2017 at 8:50 PM, 41chevy said:

Seven arrests for Grand Theft Auto and no convictions because "they be only babies" Their deaths are the fault of their mommas for the raising them wild, the D.A and judges.for letting the off as youthful offenders and no one else.Got whats deserved IMO. 

Well when the "black lives matter" craze swept the country I kept saying.....look at stats..."Black FATHERS matter" is the key to stemming the violence.    But I'm a crazy old white guy.

[HeavyGunner]

I agree with your post about drivers not liking cameras in their trucks billy. We just got them and I hate every second of it. They (our company) said these were not put into the trucks to weed out bad drivers and fire them but to use any mistakes they see as coachable moments. They said the same thing about our elogs and they now have used both to doc bonuses and fire drivers. They also take those so-called coachable moments and play them in front of the whole pool of drivers at quarterly safety meeting which I think is wrong and humiliating for those drivers. I personally voiced my concern to my boss about this and said I do not want my video played in front of everyone if I ever have a recording. Mind you I have a clean mvr and have never had a speeding ticket or an accident.