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  • Route Optimization | Finding the Right Software

    Streamlining Logistics Efficiency through Route Optimization Software Load and route optimization software systems were created to make companies more efficient by assisting with delivery routes and schedules. This is an investment worth exploring for long or short-haul companies.  With increasing customer demands for service, speed, and competitive price, load and route optimization software offers an efficient way to find the best delivery routes and schedules. This product can also assist business success with finding fuel savings, improved load efficiency, and even more stops per day. Manual route planning does not offer the solutions that can help change the route optimization and planning process at a more precise level of sophistication. Key Variables and Considerations in Choosing Route Optimization Software The key is knowing how to choose the right vendor and also knowing which variables influence your business the most while on the road. For every job many variables are needed to complete the shipment. Some of the variables to consider are listed below: Delivery time Inbound and outbound shipments Dock restrictions Traffic congestion Customer locations & delivery quantities Driver shift times Truck size and height restrictions Unloading/re-loading duration Traffic speeds, temporary road construction & road detours One-way streets and other street limitations Travel times and distances, meal & HOS breaks Road types urban or rural After you identify the variables most pertinent to your everyday hauls, it is then time to find the right vendor to purchase the software from. The key is how to get to the right vendor and pick the best system for your business. Know Your Specific Business Niche Some software products are more geared for short haul, some long haul and some a combination of both. A company should keep in mind its long-term goals when making a software investment. Where do you see the company evolving? Will you be making multiple stops, multi-leg, or long haul? Each vendor’s program will have its advantages and disadvantages and you want to ensure the program will fit your business’ one, three, and five-year plans.  Asking friends and competitors what they have used, or are currently using, can provide valuable insight on the effectiveness and ease of use for a vendor you are considering.  Some programs have certain limitations and do not offer the flexibility your business may need that other programs offer. With the proper training and software that fits your business needs, you can find the best and most cost-efficient delivery routes and schedules while making the most of your customers’ demands. References https://www.inboundlogistics.com/cms/article/selecting-a-load-and-route-optimization-system/

  • Attracting & Retaining Drivers

    Challenges and Solutions in Retaining Drivers in the Trucking Industry Along with growth comes growing pain. The trucking industry has seen steady growth over the last 2 years of 2.4% annually. 2015 appears to be ramping up to exceed this with the US Department of Labor reporting that January’s growth for the trucking industry added 2400 new jobs. That’s 3.5% growth and up significantly from the previous January when only 100 new jobs were created. Innovative Strategies for Driver Retention As many trucking companies grow, the driver pool appears to be shrinking. This compels some companies to think outside of the box when it comes to attracting and retaining drivers. One of the biggest hurdles of the industry is the time drivers are required to be away from their homes and families. Boyd Bros. Transportation has been installing in-cab satellite systems into some of their sleeper units. The thought of making their drivers feel more at home has helped to increase employee satisfaction and has the potential to entice new drivers. EpicVue offers an in-cab satellite system that offers 100+ DirecTV channels that can increase the quality of life by keeping drivers connected while on the road. With driver regulations and a changing mindset focused on improved health, the trucking industry has been hit hard. A lifestyle on the road can make focusing on your health even harder. Prime, Inc has taken an innovative stance and hired a fitness trainer. This trainer is a past driver himself with a background in fitness, so he is well aware of the obstacles that drivers face on a day-to-day basis. While drivers are more likely to be on the road, than in the gym, a trainer to help guide employees in alternative ways to improve their health has been key. Women in Trucking Foundation's Supportive Initiatives Another “untapped” pool may also be women drivers. Ryder Systems, Inc. has made a ground-breaking move and will be offering trucks for lease that are ergonomically designed for women. Ryder is offering 15 custom specifications that are designed to make driving more comfortable and safer for drivers of smaller stature, such as women. Some of these changes include lowering the grab rails, adjusting the seat belt, a hood lift/closure assistance mechanism and adjusted oil and coolant checks and fill ports. These adjustments are intended to eliminate some of the hurdles that women and other drivers may face. The Women in Trucking Foundation has worked closely with Ryder to make recommendations that would encourage women to seek employment in the trucking industry. The Women in Trucking Foundation also offers an annual scholarship for safety and technical training and a mentoring program for women in the industry to create a network of personal and professional individuals. What draws most of us to the trucking industry? Constant, evolving growth and people. In times of growth, it is important to be willing to think outside of the box to retain the quality employees you currently have and attract valuable new employees. Resources Malloy, Michael G. “Trucking Adds 2,400 Jobs as January Payroll Swells.” Transportation Topics Feb. 2015: 6, 56. “Ryder will Offer First Trucks for Lease that are Designed for Female Drivers.” Transportation Topics Feb. 2015: 18. “Boyd Bros. Installing Satellite Television in Cabs to Assist with Driver Retention.” Transportation Topics Jan. 2015: 12. Gounley, Thomas. “Prime, Inc Program Aims to Improve Health of Truckers.” Sept 29, 2013. https://www.primeinc.com/prime-inc-program-aims-to-improve-health-of-truckers, March 2, 2015. Akbari, Dr. Anna. “Together Alone.” May 21, 2014. https://epicvue.com/together-alone/

  • Auto Liability vs. General Liability

    I have lost count over the past 16 years the number of times I’ve been asked, “If I have Auto Liability, why do I need General Liability insurance?” or even, “What does General Liability even cover for a motor carrier?” If you have ever thought or asked a variation of one of these questions, hopefully this article will help you get a better understanding of the differences in these coverages. What is Auto Liability Insurance? This coverage protects a motor carrier against the costs associated with their negligence while operating a motor vehicle. Auto Liability is a two-part coverage, insuring both bodily injury and property damage of others.  Should an individual driving on behalf of the motor carrier cause injury or death to an individual, the carrier could be responsible for monetary damages. A few examples of bodily injury costs include medical payments, lost wages, and pain and sufferings.  The second coverage provided under this policy is property damage, or in other words, the damage to someone else’s property caused by the negligence of the insured. Auto Liability coverage continues to be at the forefront of discussions between brokers and motor carriers, due to the potential impact of increasing the federal minimum limit requirement. Currently, a motor carrier must carry a minimum of $750,000 of Auto Liability coverage to run as an “interstate carrier.” It remains to be seen what or if any adjustment will occur in the near future. Why Does a Motor Carrier Need General Liability Coverage? Have you ever said, “It’s glorified slip-and-fall insurance, I don’t see the need for it?” Truckers need General Liability coverage because their exposure is not limited to the road. The trucker’s General Liability policy protects against liability claims for bodily injury and property damage arising out of premises and operations, as well as products and completed operations. According to InsuranceFinancial.net, here are a few reasons truckers purchase General Liability protection: Actions of a driver while on the premises of others (loading docks, truck stops, motels, etc.) Customers coming onto your premises (trip and fall) Erroneous delivery of goods Fire legal liability Contractual liability (lease agreements, intermodal agreements, and the like) At the end of the day, both policies are vital for a motor carrier to be properly covered. I would urge you to sit down with your broker and engage in a conversation specific to your company and the protection your policy provides. Resources InsuranceFinancial.net

  • What to Expect during your FMCSA Compliance Review

    At some point in time, while operating your trucking company, you will be the active recipient of an on-site focused investigation performed by the Federal Motor Carrier Safety Administration (FMCSA).  Rather than react to this news after seeing the letter, it is much better to be proactive knowing it will eventually happen.  This article will prepare you for what you need to know and what is going to happen during the inspection. Proactive Measures for a Successful FMCSA Compliance Review Prior to arriving the FMCSA officer will generally request a copy of your driver list, vehicle list, and copy of your current MCS-90.  At the time of the onsite visit, they will review the following documents: Proof of financial responsibility Driver Qualification Files Drug and alcohol testing records Records of duty status and supporting documents Driver vehicle inspection reports and maintenance records FMCSA accident register Hazardous materials records (if applicable) The audit is normally one or two days long.  Because of the amount of information that will be reviewed, having this material ready upon arrival and organized is essential.  This shows that your company is dedicated to compliance and safety.  While you should have all the information ready and organized, provide only the information to the investigator as they request it. The paperwork will be audited, but the auditor will be requesting more explanation of your programs, processes, and policies.  Rather than just having a driver hiring process on paper, they want you to be able to explain it, how it works on a daily basis, and real world situations.  Having everything documented is essential, but the investigator will need to know that it is actually understood and implemented to offer satisfactory scores. Auditing Beyond Paperwork: Programs, Processes, and Policies The single most important area of review is for hours-of-service. This is frequently where carriers are downgraded with civil penalties assessed and even shutdowns occur.  Any time a high-profile accident occurs, this is the first category discussed.  Investigators want to see a meaningful program in place.  If electronic logs are not currently in place, it is a necessity to have a documented system where punishments or incentives are meaningful for specific behavior in logs. Offering multiple written warnings will no longer be deemed an effective management strategy. Being proactive on the following activities should make the receipt on notice of inspection a non-event. From the beginning, hire safe and qualified drivers. Use a Pre-employment Screening Program (PSP) and document the guidelines. Document safety policies. Require monthly driver meetings. Use your PIN number on CSA to track all roadside inspections by driver. Utilize Data Q. Create driver reward programs and set discipline for those outside standards. Review all crashes and have responses to each. Conduct internal audits to make sure everyone on the team is completing the required processes. If you focus on the 6 categories at the beginning of this article (7 if you’re a hazmat carrier), and have solid processes to back up the paperwork, these investigations should go very smoothly. Resources May 2014 Webinar, “What to Expect during your FMCSA Compliance Review,” Transportation Safety Webinar Series

  • The Three Main Authority Types

    Three main authority types in the transportation industry deal with moving freight from point A to point B: motor carriers, brokers, and freight forwarders. While a broker arranges for the freight to be moved, the motor carrier moves the freight and a freight forwarder stores, moves, and also arranges for the shippers. Yes, all of these involve freight and getting that freight to its’ final destination, but the means in which each entity does that and is involved is vastly different.  Here are more detailed definitions of these three types: Motor Carrier: Is compensated for transporting property or passengers. Broker: Is compensated for arranging transportation of material goods by a motor carrier but does not take on the responsibility of transporting the material goods. Freight Forwarder: A company that holds itself out to the general public providing transportation of material goods for compensation and, in the normal course of business, puts together and combines– or provides for combining– shipments and performs break-bulk and distribution operations of freight; takes responsibility for transporting material goods from place of receipt to the place of shipment; transports via rail, motor, or water carrier, which is under the control of the FMCSA. Differences Between Authority Types As seen by the definitions there are some differences between the three types of entities within the transportation industry. The biggest thing that differentiates the three is what their business description truly is. A motor carrier transports the goods from point A to point B, as stated for compensation, making them a for-hire company. The motor carrier will take responsibility of the property while it is in the custody of the motor carrier, which typically requires the motor carrier to obtain some sort of cargo insurance to cover the property in the event there is a loss. A broker, however, does none of the transporting of the property. They are a for-hire entity and take compensation, but they are compensated by arranging the transportation of the property from point A to point B. Where they differ from a motor carrier is in the fact that they do not take any sort of responsibility for the property in transit from point A to point B. A freight forwarder, on the other hand, does everything from storage to the shipping of the property on behalf of their shippers. Typically freight forwarders will ship property under their own bills of lading which holds them responsible for the property in transit, until it reaches the destination. Appropriately Setting Up Each Entity To appropriately set up each of the three entities, a 7 step process that must be followed. These 7 steps can be found on the FMCSA website. Within the 7 step process each entity must fill out different paperwork, put in for their operating authority (MC Number), and obtain their USDOT number. The type of operating authority applied for will determine the level of insurance required by the federal government. The forms required along with other requirements for each operating authority are as follows: Motor Carrier: Must fill out the OP-1 form (the application) and file the MCS-150 (motor carrier identification report). Once approved, proof of public liability insurance must be filed to obtain the MC number. Broker: Must fill out the OP-1 form and the MCS-150, same as the motor carrier. Proof of public liability insurance or cargo insurance is not required, but a $75,000 bond posted on the FMCSA website is required before obtaining the MC number. Freight Forwarder: Must fill out the OP-1 (FF) application. Once filled out and approved, the freight forwarder must provide proof of public liability insurance and cargo insurance within 90 days of receiving their operating authority. While these three types of authorities all provide transportation of freight, how they go about moving the freight is different. So, when applying for an authority, it is necessary to know what type of business entity you are ultimately looking to operate.  This way the correct paperwork is filled out and submitted to the FMCSA and your insurance agent will be able to provide you with quotes/insurance for your business exposures. Resources: https://www.fmcsa.dot.gov/registration/getting-started https://www.silverplume.com/SPOnline/SPSage.aspx?cmd=home https://www.fmcsa.dot.gov/faq/

  • Garage Coverage: I’m covered, right?

    For most trucking companies, their primary business is generating receipts from loads hauled.  However, a growing subset of trucking companies’ revenue is generated from “ancillary businesses” either in the trucking companies’ name or even a separate name.  These “ancillary businesses” might include, but are not limited to the following: Automotive Dealers Service Stations Body Repair & Collision Shops Detail Shops Oil Change & Lubrication Sound and Communications Equipment Repair & Installation Tune-Up & Emission Testing Mobile Auto Repair Towing Storage Common Garage Coverage Claims Scenarios A very common problem popping up with these “ancillary businesses” is that they may not be properly insured. The common misconception is that these businesses would be covered under the general liability policy that may already be in place.  However, the general liability policy specifically excludes this type of operation due to an exclusion for “Your Work”, and for vehicles in your care, custody, and control.  These types of claims can lead to catastrophic situations that many companies find out after an uncovered loss situation occurs.  Here are a few examples of common garage coverage claims scenarios: You run a service station and a customer has to leave their vehicle in your bay overnight while waiting for parts.  A fire ensues and destroys the station including your customers’ car.  This is not covered under general liability – it would be covered under garage keepers. You run a mobile auto repair business that fixes windshields and the vehicle becomes damaged.  In this case, you don’t even “own” a garage, however, you would need a garage keeper's policy the vehicle is in your care, custody, and control. Components of Garage Coverage The common garage policy is composed of two separate, but both equally important coverages:  garage liability and garage keepers. Garage liability covers the liability for the premises and operations as well as products and completed operations involved with running a garage business.  To further explain, completed operations coverage applies in the event of a claim that results from property damage to an auto as a result of work the insured performed on the auto. The second piece of the garage policy is the garage keeper's form.  The garage keeper's policy covers the insured’s liability for the loss of a covered auto left in the insured’s care while the insured is attending, servicing, repairing, parking, or storing the auto in the garage operation.  Some common garage keeper's claim types are accidents involving collision, fire, explosion, theft, or vandalism. Ensuring Adequate Coverage A common issue with this coverage is being “under-insured” in the event of a catastrophic situation.  A few things to consider when determining the proper limit:  How many vehicles could you be servicing or storing at one time?  What are the maximum values of these vehicles? In summary, the “ancillary businesses” noted above that are generally in place for extra revenue can have devastating effects on those companies that are not properly insured.  A proper garage policy that consists of garage liability and garage keepers will help protect your business for years to come. References: www.irmi.com www.jordanjordaninsurance.com www.insurancejournal.com

  • Mastering Your Resume: A Guide for College Graduates

    As you prepare to transition from college to the professional world, creating a compelling resume is key for landing your dream job. Your resume serves as your personal marketing tool, showcasing your skills, experiences, and qualifications to potential employers. Here's a complete guide to help you master and maximize your resume as a recent college graduate: Start with a Strong Heading: Open your resume with a clear and professional heading that includes your full name, contact information, and optionally, your LinkedIn profile URL. Make sure your email address is professional and avoid using nicknames or unprofessional handles. Craft a Compelling Personal Statement: Follow your heading with a brief personal statement that highlights your career goals, key skills, and what you bring to the table as a candidate. Tailor this section to the specific role or industry you're targeting and keep it brief but impactful. Highlight Your Education: As a recent graduate, your education section should be prominently featured on your resume. Include the name of your institution, the name of your degree, your major/minor, graduation date (or expected graduation date), any academic honors or awards you've received, and optionally, your GPA. Showcase Relevant Experience: Next, outline your relevant work experience, internships, volunteer work, and extracurricular activities. Focus on experiences that are directly related to the job you're applying for and use action verbs to describe your accomplishments and responsibilities. Quantify your achievements whenever possible to demonstrate tangible results. Be sure to list the most to least recent. Emphasize Transferable Skills: Highlight transferable skills gained through your coursework, internships, and extracurricular activities that are applicable to the job you're seeking. These may include communication skills, leadership abilities, problem-solving capabilities, and teamwork. Include Additional Sections as Needed: Depending on your background and experiences, consider adding additional sections to your resume, such as relevant coursework, certifications, professional affiliations, athletics, clubs and organizations, language proficiency, or technical skills. Only include sections that elevate your application and are relevant to the job you're applying for. Proofread and Format Professionally: Before submitting your resume, thoroughly proofread it to check for any spelling or grammatical errors. Additionally, ensure that your resume is formatted professionally and consistently, using clear headings, bullet points, and an easy-to-read font, but also don’t be afraid to let your personality shine through. Keep your resume length to one page whenever possible. Seek Feedback and Revise: Don't hesitate to seek feedback on your resume from trusted mentors, career advisors, or other professionals. Incorporate their suggestions and revise your resume accordingly to ensure it’s polished and effective. Submitting and Sharing Your Resume: Once your resume is finalized, it's time to submit it to your potential employer. Follow the application instructions provided in the job posting, whether it's through an online application portal, email, or mail. Additionally, consider sharing your resume with your network of contacts, including family, friends, professors, and alumni. Networking can often lead to valuable job opportunities and referrals. By following these tips and strategies, you'll be well-equipped to create a standout resume that effectively showcases your strengths and accomplishments as a recent college graduate. Good luck on your job search journey! Discover exciting career opportunities at Cottingham & Butler today! Whether you're seeking a full-time position or internship opportunity, we're always eager to welcome talented young professionals like you to our team.

  • OSHA’s Final Rule to Improve Injury and Illness Tracking Starts Jan. 1, 2024

    OSHA requires certain employers to electronically submit workplace injury and illness information to the agency through its Injury Tracking Application (ITA) every year. On July 17, 2023, OSHA announced a final rule that requires certain employers in designated high-hazard industries to electronically submit additional injury and illness information. This additional information can be gathered from records that employers are already required to keep. The final rule becomes effective on Jan. 1, 2024. The ITA will begin accepting 2023 injury and illness data on Jan. 2, 2024. Injury and Illness Submission Expansion Overview Under this OSHA final rule, establishments in certain high-hazard industries must electronically submit information from their Log of Work-Related Injuries and Illnesses and their Injury and Illness Incident Report. The final rule includes the following submission requirements: Certain establishments must electronically submit detailed information about each recordable injury and illness entered on their previous calendar year 300 Log and 301 Incident Report forms (29 CFR 1904.41) to OSHA. This includes the date, physical location, and severity of the injury or illness; details about the worker who was injured; and details about how the injury or illness occurred; Only establishments with 100 or more employees in designated industries are required to submit case-specific information from the OSHA Form 300 Log and the OSHA Form 301 Incident Report; and The data must be electronically submitted through OSHA’s ITA. Establishments are also required to include their legal company name when making electronic submissions to OSHA from their injury and illness records to improve data quality. The final rule retains the current requirements for electronic submission of Form 300A information from establishments with 20-249 employees in certain high-hazard industries and establishments with 250 or more employees in industries that must routinely keep OSHA injury and illness records. Some of the data collected on the OSHA website will be published to allow employers, employees, potential employees, employee representatives, current and potential customers, researchers, and the general public to use information about a company’s workplace safety and health record to make informed decisions. OSHA stated that it believes that providing public access to the data will ultimately reduce occupational injuries and illnesses. Electronically Data Submission Required data submissions must be electronically submitted through OSHA’s ITA. To comply with this requirement, employers may: Use the webform on the ITA; Submit a comma-separated value file to the ITA; or Use an application programming interface feed. The due date to complete this submission is March 2, 2024. The submission requirement is annual, and the deadline for timely submission of the previous year’s injury and illness data will be on March 2 of each year. Benefits of the New Requirements Other than providing public access to injury information, the access to establishment-specific, case-specific injury and illness data will help OSHA identify establishments with specific hazards. This will enable OSHA to interact directly with these establishments through enforcement and/or outreach activities to address and abate the hazards and improve worker safety and health. These same data will also allow OSHA to better analyze injury trends related to specific industries, processes or hazards. OSHA believes that the collection and publication of data from Forms 300 and 301 will not only increase the amount of information available for analysis but will also result in more accurate statistics regarding work-related injuries and illnesses, including more detailed statistics on injuries and illnesses for specific occupations and industries. Employer Next Steps Employers should review the requirements in the final rule to understand whether they are in a designated industry and to understand any new regulatory requirements. Affected employers should update and implement related compliance policies and procedures by Jan. 1, 2024.

  • OSHA Reporting and Recordkeeping Compliance Updates

    Did you know companies, with 11 or more employees, are required to maintain and post an OSHA log? What is an OSHA 300 Log, and when does OSHA need to be notified of an injury? Failure to maintain proper recordkeeping, or incorrectly doing so, could lead to large fines. Learn what you need to know about OSHA recordkeeping and reporting, as well as recent changes to reporting requirements. Click here to download the presentation slides.

  • What is the MCS-90?

    To explain what an MCS-90 form is and what it provides, it is important to understand the regulations put in place that make the MCS-90 necessary. The need for an MCS-90 endorsement starts out in part because of the Federal Motor Carrier Act of 1980.  This act states that each motor carrier participating in interstate, for-hire commerce, is required to show proof that they have a financial responsibility equal to or greater than the minimums set by each state.  Each motor carrier can show proof of this financial responsibility in one of three ways. The motor carrier can choose to self-insure their company. By self-insuring, the motor carrier is essentially stating that they have the financial responsibility to cover any and all claims that arise from their company’s negligence and that they are legally liable to pay. The motor carrier can choose to provide proof of financial responsibility by providing a surety bond. A surety bond is a promise for one party (the party who issued the surety bond) to pay on behalf of another party (the party who the bond was issued to) in case they fail to pay. The motor carrier can choose to procure insurance through the standard market. If, and when, the motor carrier chooses this option, this is when the MCS-90 endorsement will come into play. The MCS-90 is nothing more than a guarantee that there will be some source of funds to pay for a loss in which the insured was legally liable.  This guarantee is mainly for the purpose of the public in ensuring them that there will be no financial consequences if a motor carrier doesn’t have the minimums required. The MCS-90 states that it “covers all vehicles owned, operated, or maintained by the insured regardless of whether or not each motor vehicle is specifically described in the policy.”  However, if a claim is paid out under the MCS-90, the insurance company may recoup its losses by subrogating the claims paid against the motor carrier.  This is another reason why it is so vitally important to have all equipment listed on a scheduled unit policy. In conclusion, the MCS-90 is a very complex and confusing endorsement but one that is very vital to a motor carrier.  While it does not provide the insurance itself, it is an important part of a motor carrier’s portfolio and can go a long way to help motor carriers and insurers protect themselves. References: https://www.fmcsa.dot.gov/documents/forms/r-l/mcs-150-instructions-and-form.pdf https://www.rsiinsurancebrokers.com/5_09-what-is-an-mcs-150-form-filing-/ https://www.jjkellerservices.com/articles/your_mcs150_keep_it_current.html

  • Winter Driving Tips for Truckers

    A Winter State of Mind One of the joys of the trucking business is the ability to travel across the country and experience the beauty of different roads from coast to coast. However, this also means you must prepare for various types of driving conditions. The winter months make for treacherous road conditions across much of the country; the best thing you can do to make sure you stay safe when the temperature drops is to prepare. Whether you’re driving through a busy metropolis or sparsely populated country roads, there are heightened risks to be aware of in winter. You never know what may happen– be prepared for anything. Here are some good practices to keep you and your cargo safe in the winter months. Practice Proper Vehicle Maintenance In unfavorable conditions, it is especially important to inspect your vehicle before you get on the road. First, remember cold weather lowers battery power, so be sure yours is in good shape before the cold conditions take over. Also, for fifth-wheel lubrication, make sure you are using a winter-grade product – summer-grade lubricant in low temperatures could cause steering issues. Ensure there is proper winter coolant in your radiator and there are no leaks. Check to make sure the heater, defroster, and wiper blades are all in proper working order because if you have not used these things in a year or more, there is no guarantee they will be functioning when you really need them! Most importantly, check your tires. Winter roads already provide very little traction, so decent tread depth is critical. Be Prepared With Equipment and Supplies Just as important as vehicle maintenance is having the right gear to get you through the most severe winter conditions. Some states require trucks to carry chains or cables during certain months, and they may mandate which axle(s) require chaining and the use of specific traction devices. Before setting out, make sure you know the laws in the states where you are traveling. If you travel frequently through mountain passes, where chaining is often a rigidly enforced requirement, you may want to consider carrying a list of state-specific safety requirements for quick reference. Also, be informed on how to put your chains or cables on before you need them, as subzero temperatures and ice-covered roads with heavy snowfall are not the best conditions to learn in! When it comes to fuel, gelling is the main concern. Know N/A’s regulations on buying additives for fuel and know if your vehicle has fuel tank heaters. To prevent gelling, keep your tank as full as possible in cold conditions, avoid turning the truck off for long periods, monitor the temperature and wind chill carefully, and beware of fuel purchased in southern states if you are traveling into cold conditions. Weather conditions in the South do not require blended fuel, so fuel purchased there will have a greater tendency to gel if driven into cold conditions. Always carry a winter driving kit with you – you never know when one of these items could save your life. Recommended items to stock in your kit include the following: Flashlight and batteries Blankets Extra clothing, such as warm layers, gloves, shoes, socks, and rain gear Non-perishable food and water First aid kit Bag of sand or salt Extra washer fluid Windshield scraper and brush Jumper cables Tire chains or traction mats Cellphone and charger Lighter, matches, and candles Know the Road Conditions Two things: have a good source for weather reports and a good thermometer. If your truck is not equipped with either of these, seriously consider the investment, as both are crucial to determining the safest routes and knowing what kinds of road conditions you are dealing with. If you are unable to tell whether the road is icy or not and the temperature is hovering around freezing (32 degrees F), watch other vehicles to gauge the conditions. Sliding vehicles, lack of spray from tires, and ice buildup on others’ vehicles are good indications the road is frozen. CB antennas that have ice buildup will bounce back and forth rapidly, which is another good signal that road conditions are dangerous. React Properly When Things Go Wrong Whether it is your fault or not, things can – and will – go wrong when driving in dangerous winter conditions. The key is to respond quickly and smartly when they happen. Frozen Brakes: If it gets cold enough, the brake lining could freeze to the drum if you set your brakes when they are still wet. To fix this, you will have to break them loose by either backing up so they will break free on their own or hitting them with a hammer to loosen them. Skidding: If you find yourself skidding, quickly depress the clutch, look at the left mirror only, and steer to get back in line with the trailer. Keep steering and counter-steering until you regain control, but do not over-steer. If possible, avoid braking during this process even if there is an oncoming emergency. There is likely not enough room to stop without a collision, and you could easily make matters worse by slamming on the brakes. Avoid skidding altogether by not braking, turning, steering, or accelerating too quickly. Jack-knifing: Countless studies show if you allow the tractor and trailer to be at more than a 15-degree angle to each other, your chances of regaining control are unlikely. However, you should still work to correct the jack-knife as soon as you recognize what is happening. Recover by steering until the trailer and tractor are realigned. Never use the brakes, but if you are experiencing a trailer jack-knife (the wheels of the trailer are locked up as opposed to those of the tractor), you should use the accelerator to pull the trailer back in line. The bottom line in winter driving is to think ahead about safety, be prepared, and know your own limitations. You have heard it a thousand times, but in bad conditions, always increase your following distance, make smooth downshifts, and take extra caution when traveling on ramps, bridges, and overpasses. You have control over your own vehicle, but the driver next to you may not. Your best bet is to stay as far away from other vehicles as possible. If something does go wrong, increase your chances of surviving the incident by not panicking and remembering everything you have learned about safe driving. Use common sense – if you feel uncomfortable or unsafe driving in the given conditions, do not drive. It’s better to be safe than sorry; that is, better your load is delivered late than not delivered at all, so use your best judgment!

  • The Importance of Separating Freight Broker and Motor Carrier Entities

    Understanding and adhering to federal regulations is crucial for the success and sustainability of any business—especially those in the trucking industry. One such critical aspect is keeping freight broker and motor carrier entities separate, a principle emphasized by regulatory standards outlined in 49 C.F.R. §371.7. Regulatory Compliance The Federal regulatory definition explicitly mandates that a Freight Broker’s registration should be under a separate legal entity from that of the Motor Carrier. 49 C.F.R. §371.7(a) explicitly prohibits a broker from performing or offering brokerage services under any name other than that specified in its registration. Furthermore, 49 C.F.R. §371.7(b) underscores the need for transparent advertising, stipulating that a broker must not represent its operations as that of a carrier, and any promotional material should clearly indicate its broker status. Legal Implications of Operating Under a Single Entity Failure to adhere to the separate legal entity requirement poses significant risks, potentially jeopardizing the entire sustainability of the company. Operating a broker and carrier under the same legal entity can lead to legal complications, where loads tendered by a carrier to a broker under common ownership may be treated as the carrier’s liability. This not only violates regulatory standards but also undermines the legal defense a broker may have in the event of a claim arising from a load under tender. Complete our Transportation Broker Risk Scorecard to help pinpoint the specific risks threatening your trucking operation and brokerage operation. Prioritize key strategies to minimize exposure and increase resiliency. Mitigating Risks & Ensuring Viable Defense To safeguard against these risks, companies should establish a separate broker registration under its own legal entity, complete with distinctive branding and contracts. This separation not only aligns with regulatory requirements but also ensures a viable defense for brokers in the face of potential claims, maintaining the integrity of their operations. Comparing Liability: Freight Broker vs. Motor Carrier The risks associated with not following this corporate structure are underscored by the vast difference in liability between freight brokers and motor carriers. While motor carriers may face substantial settlements exceeding $165 million in some cases, freight broker authority is “exempt” from liability for cargo and bodily injury claims under the D.O.T. authority. Past litigation history supports that successful judgments against freight brokers only occurred when they portrayed themselves as motor carriers or exercised excessive control over drivers. Best Practices for Compliance To ensure compliance, conduct a thorough review of your company’s legal entity, advertising, branding, and contracts to verify the separation of broker and carrier entities. For companies holding dual authority, it is imperative to maintain separate advertising and branding materials for motor carrier and freight broker operations. Additionally, separate contracts for each service provided to clients help delineate the distinct roles and responsibilities, further minimizing legal complexities. Staying vigilant in maintaining the separation of freight broker and motor carrier entities can help your business proactively mitigate legal risks. By following best practices and maintaining a clear distinction between broker and carrier entities, businesses can navigate the regulatory landscape with confidence and protect their interests in the face of potential legal challenges.

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