A developer of Global Positioning System (GPS) software has developed a time-tracking system that would let truckers use a cell phone to log their Hours of Service. However, the FMCSA requires tracking systems for HOS purposes to be connected to the truck’s engine. Xora, a Mountain View, Calif.-based developer of wireless technology software, has requested a waiver. According to data on Xora’s Web site, some carriers are interested in using such a system to let drivers go “paperless” as an alternative to Qualcomm or black boxes. Xora spokesmen say it would be a simpler solution for truckers, since more than 90 percent of them use cell phones already. The deadline for the 30-day comment period on the waiver request was July 8. DOT officials are now considering the comments before making a decision.

A lawyer cannot effectively investigate and conduct discovery in a trucking accident case without basic understanding of current technology. When such advanced systems are utilized, electronic operation records are created which may be helpful to either the plaintiff or defense in the event of a crash.
Counsel for both sides in truck wreck litigation must seek to obtain and properly interpret such records. Qualcomm is the leader in providing communication, tracking and management technology for the trucking industry, which companies can use to assure driver compliance with hours of service, speed, and other FMCSR mandates. OmniTRACS® includes two-way text messaging between driver and dispatcher, automatic tracking of truck locations by Global Position Satellite (GPS), while TrailerTRACS® uses GPS to monitor positions of trailers. OmniEXPRESS® provides a more affordable version of digital wireless communication with trucks, TruckMAIL™ an Internet-based mobile communication system, and OmniOne™ a voice and data communication system between dispatchers and drivers. JTRACSPro® monitors engine operation to detect maintenance issues early, while SensorTRACS® monitors speed, RPM’s and idling, enabling a trucking company to supervise driver performance and compliance.
In addition, truck manufacturers have begun to incorporate computerized lane guidance, rollover advisor and collision avoidance systems in order to improve safety. Plaintiffs’ counsel should send a detailed records preservation letter to the trucking company, rather than to the insurer.

4/12/05 – U.S. Senate members heard testimony that if electronic on-board recording devices are not eventually required, stronger deterrents are necessary to deter “egregious” hour-of-service violations.
Kenneth Mead, U.S. Transportation Department inspector general, testified April 5 before the Senate Commerce Committee on transportation safety programs. “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,” Mead testified.
Log book and hours rules need strengthening because unscrupulous carriers and drivers view violations as “the cost of doing business,” he said.
See eTrucker article.

One of the many common scenarios in tractor trailer crashes involves the lost truck driver looking for a destination, making turns across traffic, attempting to turn around in inadequate locations, blocking roadways in the dark, etc. One of the many new technological solutions being offered to trucking companies seeks to reduce the problem of lost truckers, while making the company operations more efficient and profitable.

In Nashville, TN, Continental Express is seeking return of a road tractor-trailer and cargo of paper that was involved in a 7/19/04 crash that killed a police officer. Police say the truck driver was speeding on Interstate 40 and driving recklessly when he crashed into the officer’s cruiser. A stranded motorist the officer was helping was seriously injured. The truck driver’s lawyer said a data recorder on the truck proves that his defendant was not speeding. See article.