OOSC, Part I, Driver OOS for Lights Not Activated

Proposal for a change to Part 1 - Driver of the OOS criteria: To whom this letter is reaching, Proposed change; 12. Driver failed to activate required lighting that would otherwise be an out-of-service violation if the lights were inoperative/missing/obscured. I would like to first request that this letter be read in its’ entirety before a decision is made to push this to another committee. This topic has been brought up multiple times, and a decision has been made and reversed multiple times in the vehicle committee. The vehicle committee has determined this is not an equipment issue; therefore, no action was taken. I understand the decision of the committee; however, it is my opinion a vehicle traveling at night, without tail lamps activated, creates a tremendous safety hazard whether the result of faulty equipment or a failure to operate the equipment by the driver. This issue must be addressed for the safety of everyone operating a vehicle on the roadways. When a vehicle travels at night without illuminated tail lamps to help other drivers notice and identify it’s presence, it becomes a serious safety hazard. Whether the result of faulty equipment or the driver’s negligence, the hazard is present. The vehicle committee reasoned; because the equipment is present and the lamps have the ability to operate it is not an equipment maintenance issue. They also concluded; every state has the ability to address this issue with a state violation for failing to activate these required lamps. It is my opinion, there is a double standard present. A driver who does not log into their ELD prior to departing on his trip to deliver a load, whether a conscious or negligent act, would constitute an out-of-service violation. Maybe a more clear correlation could be made when a driver fails to connect the electric power supply to the trailer. When considering tail lamps on the rear most unit, the tail lamps of this trailer will not be activated in the same manner as a trailer which has power supplied but the driver has not activated their required lamps. Whether a conscious decision or not, the same issue is present. Both scenarios require input from the driver to correct the violation. Either the driver has to activate a switch in the cab, or connect a power supply. Furthermore, CVSA Operational Policy requires, when a power supply is disconnected from the towed unit, the power supply is to be re-connected and the lights checked for operational readiness. The OOS violation for all electrical lighting systems on towed vehicle inoperative is still recorded. How does this differ from a driver activating a switch in the cab of the vehicle? I fail to see how the method by which the lights were not operating diminishes the responsibility of safety to the motoring public. If a driver of another vehicle does not see the rear of a commercial motor vehicle because the lights were not on, drives into the back of the vehicle, killing themselves and/or family members, how is the gravity of the event reduced by the mechanism by which the lights were not working? On many vehicles, the nob that activates the tail lamps also activates the headlamps. If a driver fails to activate their head lamps, and an oncoming driver does not see or realize the presence of the commercial vehicle, they could mistakenly turn into the path of the commercial vehicle. This holds the same effect as the headlamps being inoperative. Inoperative turn signals on the rear most vehicles are also considered an out-of-service violation. Once again, if a driver never uses the turn signals on the commercial motor vehicle, how has the safety of the operation of the vehicle been reduced below the threshold of an out-of-service violation just because the driver forgot or chose not to use the turn signal? Having investigated multiple fatality crashes, and made death notifications to several families, I do not want to be the one to tell a family who just lost a loved one, the violation cited which was directly responsible to their loss did not rise to the level of an out-of-service violation. From an industry standpoint, if a driver operates a vehicle in a way that is careless enough to meet out-of-service violations, industry has a right to track these drivers through CSA scoring records to help them to determine if a driver poses a risk if the employer chooses to hire them. The Federal Motor Carrier Safety Regulations also indicate; § 392.2 Applicable operating rules. Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with. § 392.7 Equipment, inspection and use. (a) No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed: Service brakes, including trailer brake connections. Parking (hand) brake. Steering mechanism. Lighting devices and reflectors. Tires. Horn. Windshield wiper or wipers. Rear-vision mirror or mirrors. Coupling devices. Wheels and rims. Emergency equipment. (b) Drivers preparing to transport intermodal equipment must make an inspection of the following components, and must be satisfied they are in good working order before the equipment is operated over the road. Drivers who operate the equipment over the road shall be deemed to have confirmed the following components were in good working order when the driver accepted the equipment: —Service brake components that are readily visible to a driver performing as thorough a visual inspection as possible without physically going under the vehicle, and trailer brake connections —Lighting devices, lamps, markers, and conspicuity marking material —Wheels, rims, lugs, tires —Air line connections, hoses, and couplers —King pin upper coupling device —Rails or support frames —Tie down bolsters —Locking pins, clevises, clamps, or hooks —Sliders or sliding frame lock If there is truly no safety concerns to the public highways just because the driver fails to utilize these lights, then why are there out-of-service violations found when they are inoperative/missing/obscured? I understand that the vehicle committee ruled the lights cannot be placed out-of-service for being inoperative when they are capable of functioning. The change to the out-of-service criteria manual I am requesting would address the extreme hazard which affects highway safety, based on the driver’s negligence. This change would put the responsibility on the appropriate party for the violation, the driver. Thank you for your consideration of this request, Sgt. Carl Bone Missouri State Highway Patrol

To address the safety hazard of commercial vehicles traveling on the roadway at night without lights activated.

Requesting an out-of-service violation for a driver, for failing to activate the required lights, that would be an out-of-service violation if inoperative.