Highly Concerned .... 1

Ref.No.151/2016                                                                    Date:  14 October 2016

Dear Shanker,

Nice talking to you yesterday (13 October 2016) on various aspects of long haul driver training, safety aspects of commercial vehicle running etc.

Am sure this would come as a pleasant surprise to you  as well that the authorities in United States have shut down - yes, shut down - a five fleet transport company for not adhering to driver qualification, drug testing, maintenance regulations etc. recently.

Yes, the Federal Motor Carrier Safety Administration (FMCSA) literally collapsed Industrial Transit for its violation of above-mentioned charges. One of the company's vehicles, ferrying hazmat material crashed in the neighborhood of Texas causing damage to property and people. Investigations proved the two drivers failed to meet the safety and driver training standards. Industrial Transit is focused on ferrying automotive parts and the hazmat in question was Takata airbag components for passenger cars, presumably.

Here's the operative part of FMCSA order: Industrial Transit "does not have safety management controls in place to ensure drivers are qualified to operate its commercial motor vehicles, drivers operate its CMVs safely, and its CMVs are properly inspected, repaired and maintained."

To make it simple, take a look at the bullet points of violations committed:

#Failing to comply with any driver qualification requirements

#Failing to sufficiently implement a random alcohol and drug testing program

#Failing to ensure that its vehicles were regularly inspected

#Failing to properly monitor its drivers to ensure compliance

#Failing to provide any of its HM employees

#Failing to comply with other related federal safety regulations

#Failing to have HM security or communication plans

I really appreciate the approach to road safety. Like the Japanese say, to become better or perfect you don’t have to do anything spectacular. Regularly cleave out or eliminate negative aspects in howsoever small measure. Such removal would automatically usher in good practices outweighing bad ones. Elementary and easily doable, no?

Shanker, more than the news report I was having a ball reading reactions of the stakeholders.

"As long as companies will allow unfit drivers to be in a truck we will always have this type of problem. The driver should spend time in jail for negligence along with the owner of the company and the safety manager. That is if they had a safety department," writes Twade.

He adds: “Drivers want to be treated like intelligent and professional drivers but will do stupid things to prove that they are not. If you as a driver are unable to do your job safely, legally, and professionally then go home and work at McDonalds where the worst can happen to you is you burn your finger on the grill. Too many drivers want to be the company fool by running illegal or unsafe because dispatch will pat you on the back and call you the company hero and then laugh behind your back to how stupid you are to take chances on getting tickets or having a serious accident for the company. And they will call on this driver to do it again with a "hot" load because they are dumb enough to do it." Spot on, right?

Rickey Gooch from www.causes.him/JusticeforTruckers seems to be a cool guy. Here's what he has to say: "The Constitution of the United States does not allow any of us to pick and choose which laws we like or don't like. In trucking you face prison at max or ending your career at best if you don't follow the law. Ever OTR driver in America and Canada is suffering equally and in 2017 these laws will change and be even more difficult to manage than ever before."

So what is the remedy? Simple. "My advice is to learn how these rules work against you so you can manage your trucking business under the law to make more money. One thing for sure, if you are sitting on the side of the road being inspected or being ticketed you will not be making money. Don't get mad, get CSA smart!" adds he.

Interestingly, they are debating the responsibility of shipper. Hear this out: "... the shipper has no control over a negligent carrier. In this case, 100% of the stupidity and negligence is on the carrier," avers one. Echoes David Ciufo: Ïf they make the shippers responsible, they would think twice about using carriers like this."

Well, Shanker, let us turn the spotlight onto India.

Leave alone Hazmat ferrying where you had spent a lot of time, monitoring safety for a MNC. Even non-hazmat carriage is a serious issue. Not a single day passes without some ghastly accident across Indian highways. As a member of FriendsofDrivers group on Whatsapp you would have not missed regular postings of highway accidents by Harbans Singh from Charnaka Roti, on National Highway 8. Of course, his complaint mostly is that the concessionaire managing that stretch (IRB Infra in this case) is lackadaisical in providing emergency services whenever any mishap happens. Am sure you would have noticed the large number of accidents involving commercial vehicles.

That's just one location, but a critical stretch. There must be 100s of accidents happening on a daily basis which I wonder whether monitored and collated or not.

My key questions: what kind of mechanism we have in place when accidents happen? How long the driver/s are put off from driving again? What kind of rehabilitation course drivers have to undergo post accident? What kind of penalty vehicle owner has to bear? In this age of outsourced model, when asset light or zero asset transporters or 3PLs jumping into the fray in a big way, how are their alleged complicity in these accidents tackled under the prevailing legal framework? Does the revised and yet to be passed Motor Vehicle Amendment Bill address these concerns?

I am ignorant. But worth mulling.

By the way, the outsourcing model while it is convenient for shippers (actual end users), it should not mean abdication of responsibility. So any accidents involving their materials (inbound or outbound) anywhere in India they need to be pulled up.  Because at the end of the day, it is THEIR materials being moved on highways. While outsourcing is fine, adequate safeguards in tendering out transporters should have taken place. Stiff Service Level Agreements (SLAs) between shipper and carrier is okay, but very little of its contents get implemented in letter and spirit. Just paperwork and hogwash, sorry to say.

Safety is a major concern for all of us. Indian government set a goal to slash accidents by 50% over the next five years time. This is easily doable through strict vigil by all stakeholders. Let's remember it is JUST NOT the work of government - Federal and States - alone. It involves all. You, me  and everyone.

Cheers

Ramesh Kumar

Reference:

1.http://www.ccjdigital.com/carrier-shut-down-by-fmcsa-for-driver-qualification-hazmat-violations-more/

2. http://fleetowner.com/fleet-management/fmcsa-shuts-down-georgia-carrier

Copy to:

Mr Nitin Gadkari, Minster for Road Transport & Highways, Govt of India

Mr Abhay Damle, Joint Secretary (Transport), Minster for Road Transport & Highways, Govt of India

Secretariats of CII, FICCI, Assocham & SIAM

Offices of AIMTC, AITWA & ACOGOA

NH 34 - Kolkota to Dalkhola - Status

Ref.No.103/NHAI/                                                                          Date: 4 October 2016

Mr Raghav Chandra IAS

Chairman

National Highways Authority of India

New Delhi

Sir,

Sub: National Highway 34 – Kolkota to Dalkola (West Bengal) – Pathetic Status

Navratri greetings.

On 29 September 2016, I was on a road trip from Kolkota to Siliguri to examine the condition of the National Highway 34 linking Kolkota with Dalkola in the state of West Bengal.

Barring a few stretches of excellent 4 lane carriageway, most of it is absolutely in pathetic stage. Not only it is 2-lanes but full of massive pothotes. 

Though long haul truck drivers ferrying goods from Guwahati to Kolkota and vice versa complain of RTO and police challenges on this route, the poor condition of this vital National Highway is one of the main reasons for these drivers ability to navigate not more than 300 km in any 24 hour cycle.

En route enquiries with various parties operating on this route (including dhaba owners, fuel stations, roadside mechanics etc) reveal that non payment of dues to contractors of NHAI led to their desertion leaving incomplete work in many stretches.

While the RTO and Police challenges are taken up with concerned state government authorities, I will be grateful if someone can provide answers to the following queries:

1)      National Highway 34 covers which two locations?

2)      From Kolkota to Dalkhola (both falling in West Bengal State) what is the length NH34 covers?

3)      Of the distance mentioned in Question 2, how much is 2-lane and how much is 4 lane?

4)      Name the parties contracted to execute the project? Mention km stretch, when the contract was given. What was the deadline set for each of these stretches & contractors?

5)      What is the status of NH 34 – particularly from Kolkota to Dalkhola?

6)      If any stretch commissioned, but not completed, what reasons attributed by contractors? What penal action was initiated against for non-fulfilment, if any?

7)      What was the contracted amount and how much was distributed as of today 4 October 2016?

8)      In case of non completion, any legal action and recovery procedure initiated?

9)      When was the last review meeting on the status of this particular stretch (Kolkota to Dalkhola) conducted? Who all attended?

10)   Who presided the meeting mentioned in Question 9?

11)   What was the outcome of that meeting? Share the Minutes of this particular meeting.

12)   Any representative from Ministry of Road Transport & Highways physically present at this meeting? If yes, kindly name the name and designation of the MoRT&H representative?

13)    Any tentative date/year by which time the entire Kolkota-Dalkhola stretch of NH34 will be fully 4-lane? 

SSir, am Delhi-based. If anyone of NHAI officials would like to meet me in person to provide answers, I will be more than willing to come over to office.

 

Awaiting your valuable reply,

Sincerely,

Ramesh Kumar

Editor

Copy to
Mr Nitin Gadkari, Minister for Road Transport & Highways, Govt of India

Mr Abhay Damle, Joint Secretary(Tranpsort), MoRT&H, Govt of India

Corruption & Highhandedness in Malda stretch of NH34 (West Bengal)

Ref.No. 102/WestBengal/2016                                                                        Date: 4 October 2016

Mr Sharad K Dwivedi IAS
District Magistrate
Malda , West Bengal
Phone: 03512-252381
dm-malda@nic.in & dm-mldh@nic.in

Sir,

Sub: Corruption & high-handedness of Transport & Police officials in Malda district, West Bengal on NH34 (Kolkota to Dalkhola) Stretch

Navratri greetings.

On 29 September 2016, I was on a road trip from Kolkota to Siliguri to examine the presence or absence of corruption & highhandedness of various district/state officials in their dealings with uneducated and less privileged long haul truck drivers.

Met several of them at various points on this stretch which entirely falls in the state of West Bengal. The stories or allegations I heard from them was nothing new because every single state in India has same of attitude by officials towards these hapless soldiers on highways. Nonetheless I wish to bring to your notice with the hope that at some of you would take cognizance of these corrupt practices and
subsequently put to an end to them thereby enabling these long haul drivers shuttling between Kolkota and Guwahati/Assam ferrying essentials for people in Bengal to eat, drink and live peacefully. That too daily.

Why am I addressing this missive to you? You may wonder. It is because Malda district is singled out as the most corrupt district in West Bengal by these set of drivers whom I had bumped into. Unsurprisingly, these corrupt officials point fingers at their higher ups saying that they were forced to
fleece these drivers to feed their higher ups. How far that is true, none knows. Hereagain, this kind of
allegation is omniscient/omnipresent across Indian states.

These drivers are unlikely to give written complaints to someone like you – a District Magistrate – by
meeting you in person in your office. Whether you would give time and entertain them in your office is difficult to hazard a guess. Having said that, surprise checks by you personally on highways where these drivers ply at any time, will be advisable. That way, you can try to alleviate their sufferings.

By the way, this will be a big service to the entire country. Perhaps you are aware that none other than
Minister for Road Tranpsort & Highways Mr Nitin Gadkari has openly stated that there is a 22% driver shortage in the country. Why? Mr Gadkari admits that the nation treats them shabbily. While IAS babu’s children was to be join Civil Service, doctors’ children have no compunction to enter medical profession and, last but not the least, politicians’ wards eyeing an early entry in politics, NO drivers’ children desire to be in this profession where these life sustainers are ill-treated.

Well, as a citizen of this country and and as a media watchdog, I have brought this to your notice with
the hope that you would do something positive. Rest I leave it to the Almighty.

Plans for another trip on the same stretch in November end/December early is on the cards.

If I hear from you or from drivers who have taken my phone numbers during the recent interaction to
inform me of any POSITIVE changes on this route following this written submission ON THEIR BEHALF, half my job is done. Hope you won’t let me down.

Warm regards

Ramesh Kumar
Editor

Copy to:
Mr Adhikari Suvendu, Minister for Transport, Govt of West Bengal
Mr Basudev Banerjee, Chief Secretary, Govt of West Bengal
Mr Alapan Bandyopadhyay, Transport Secretary, Govt of West Bengal
Mr Nitin Gadkari, Minister for Road Transport & Highways, Govt of India
Mr Abhay Damle, Joint Secretary(Tranpsort), MoRT&H, Govt of India

Musings from Mehrauli-1

Honestly, I have taken Finance Minister Arun Jaitley's remarks at the Nabard seminar on Agriculture Distress and Enhancing Farm Income in Mumbai yesterday that India can growth at 8 per cent plus is achievable" provided key reform measures are implemented with a pinch of salt.


Why? Given the Congress and other Opposition parties attitude towards the National Democratic Alliance (NDA) government - more belligerence than anything else sheerly out of political expediency. Media reports this morning have it that Congress-ruled States will not be participating in the Niti Ayog meeting convened by Prime Minister Narendra Modi to discuss the Land Amendment Bill among other things. 

 (File Picture: Iftar 2012)

Today's Iftar party to be hosted by Congress President Sonia Gandhi wherein the political heavyweights of Opposition expectedly would confabulate strategy for the forthcoming Monsoon session of Parliament. It is no one's secret what this group would discuss: nti-NDA agenda, of course.


So, this is where my "pinch of salt"observation kicks in. Jaitley is fully aware of this scenario, despite his public bravado.

If one listens to the TV cackle on a daily basis, one cannot escape the impression that the Modi sarkar has not done much in its first year. But when someone of the calibre of Kumar Managalam Birla candidly says that there is a lot of difference in the way the economy is managed,, thus giving a positive feedback, one feels that the Opposition is into rabble rousing. Says he: " ...managing such a large one is of a different complexity altogether. I have a lot of faith in this government. They understand issues well. My sense is that they are doing a lot of work that we are not aware of. Two sectors have taken off-one is coal in terms of production of coal. There has been fairly significant increase in terms of coal from Coal India and for the first time in many years, we are not struggling and have sufficient coal in our plants, which is a very big deal".

Of course, the Monsoon session is going to be a total washout, from policy formulation perspective.

We just entered Q2 and it is the season of Q1 corporate results. Software biggies are already out with their performance. Yes, there seems to be some struggle. Watch out for five themes that will be played out, writes Vatsala Kamat. 

Hazmat Transportation - Safety? My foot!

 Watched?

How was it?

Kiss death for vehicles coming in the opposite direction,,,

Well, this is how safely hazardous materials (HAZMAT) are transported in India....

All safety precautions and directions go through the roof once these vehicles are outside the factory gates of their clients.

These companies, mostly multinationals and huge state undertakings, have taken the easy Öutsourcing Route for their transportation needs.

Float tenders, inviting applications from transporters and fleet owners. Select and hand over the responsiblity of moving their stuff.

Mandatorily, the drivers of these hazmat vehicles are supposed to go through regular exams.

Like anything in India, these certificaites are purchaseable.

Transporters/fleet owners manage their beautifully.

So, drivers are ill-trained to drive these vehicles.

Neither are they properly certified truck drivers because the concept of a proper commercial vehicle training is still in its infancy.

Nor crisis management imparted to them well.

Big talk. Safety is another empty slogan.

Remember that almost two-thirds of cargo is moved by road in India.

Hazmat is no small volume.

Hazmat handling is given the short shrift.

Sad, but true.

“Transport companies have progressed, not drivers”

All India Transporters Welfare Associatioin Secretary General Ramesh Gulati in conversation with Ramesh Kumar

Transcription & Editorial Assistance: Sarada Vishnubhatla 

Watch the TV interview in Hindi @ 
http://www.youtube.com/watch?v=BuCHQZQd_zU&feature=youtu.be

***

All trade bodies are talking about wayside amenities for truck drivers. What’s happening on the ground?
Ramesh Gulati: In Dudu, Rajasthan, a Drivers Service Center was built by Agarwal Packers and Movers. It is a wonderful idea of Ramesh Agarwal. In this Center, they advise drivers to sleep for a minimum of 6-8 hours compulsorily. Since drivers do not get enough sleep, it causes maximum number of accidents. People say that accidents happen due to their liquor intake but more than their liquor habit there are two main causes of accidents – one, drivers do not get to sleep enough and second is their weak eye-sight.

Those drivers whose eyes are weak do not inform their owners for the fear that the owner will take away their job. This seems to be the biggest reason for the driver not informing his owner. We, at All India Transporters Welfare Association (AITWA), regularly organise eye check-up camps for the drivers where doctors are called in who check their eyes and we give the drivers spectacles free of cost.

Apart from this, there is the issue of wayside amenities. A number of times we have, on behalf of the government, pursued the transport ministry, National Highways Authority of India and all those who work towards creating road safety that NHAI should give a little land so that the wayside amenities can be built. Government must give a piece of land for this. Highways should have wayside amenities. If such amenities are available on the highways, then the drivers can park their trucks properly at a place and take rest.

There could be an arrangement for food also there; little things like need to urinate. There are absolutely no such facilities. If these facilities are given, then the drivers need not park their trucks on the road itself, which may get hit by another truck coming along the same road. Also, there is no electricity in such places. That is why the traffic coming down the road simply hits the parked truck. Most of the accidents happen because of this reason.

Another reason is that the police hiding behind the bushes along the road make a sudden appearance and the driver in complete panic loses control and collides with something or the other. In India there are 18 authorities, which have the right to stop a truck at any given time and place. These 18 authorities have the power to stop a truck anytime and anywhere. As a result, our truck is hardly able to ply 270-300 kilometers. In foreign countries, their vehicles run from 500-700 kilometers on any single day; though we want this here, it cannot happen. These 18 authorities are brought under control, the way it is so in China and other countries where there is only one authority, which has the authorization to stop a truck at any place. Here, it must be reduced and for this we have explained to the transport minister in detail.

Recently, we had a huge meeting in Delhi, which was attended by Transport commissioners from all states. On behalf of AITWA, I had raised the issue of reducing the number of such authorities from 18. When the Transport Minister Oscar Fernandes puts the same question to the commissioners, not one of them was able to say that there are 18 authorities in control here. They merely said there are only about 2 or 3 authorities. No one could say that there are 18 authorities who rule over stopping the trucks. Then, we approached the minister to say that we will give you all the details and the whole list will be sent to the commissioners. We sent it also, with all the details and the entire issue.

If our vehicle travels for 500 kilometers then imagine to what extent our economy will grow. It’s a matter of just one issue which if the transport ministry addresses, then it will do wonders for our industry. The other issue is of the wayside amenities, which is crucial. If built, they will reduce accidents and economy too will grow. Cargo will reach on time since our roads are in good condition.

Recently, I was speaking to a driver, Jaishankar Sharma who is a driver from Sultanpur. He was telling me that the government has issued new rules to tackle overloading... one has to pay ten times the original fine and on top of that, the excess load will be removed... only if the excess load is removed, the truck can go ahead. The driver was saying this will only increase bribe-taking but will not solve the overloading issue. what do you think about this?
We want overloading issue to get resolved but corruption is another issue. The government must look into it. That is why I am repeating myself that these 18 authorities and the police which wield power over us must be removed or else nothing can happen. Our Carriers Act was written in 1865 and they included everything in it. We had made a committee which was supposed to issue a report in a month’s time... but even after two years now, there has been no report... This is when the commissioner of Rajasthan was the chairman of the committee but they still have not submitted the report.

We have submitted a letter to the Minister and the Secretary saying that by Feburary 28 they must submit the report and an agreement must be made. It is so because they have made registration of transporters compulsory. We agree to it but they have included a de-registration clause and a subrogation clause. We have had complete discussions about this, we all agreed also. So the Act must be changed according to the mutually agreed terms. But they want our companies to shut down. They will shut down the company for a week on committing the first mistake; on the second one, the company will be closed for a month. We have said this will not happen. Imagine if a company shuts down what will happen to the resulting unemployment. Neither is the transport ministry creating employment for him nor are they regularizing our industry.

This must be given the status of an industry. So if by Feb 28, they do not do this immediately, our industry is going to start an agitation against this and it will be a strong one from across all over India. They will have to do this by the deadline and we have already given this in writing. Carrier Act of 1865 is still continuing without any changes despite Parliament passing it and our stakeholders also having given their views over it. They must implement all these things. Our request to the government is for it to immediately ask for the report, get it passed by the Law Ministry and then revise the rules. The Act has been passed by the Parliament, only thing left is for the rules to be amended immediately.

It is no secret that few transport companies pay drivers any salary as such nor are they given any social security benefits. Is AITWA, trade body representing big fleet owners, going to tackle this issue? 
You know that there is a severe short supply of drivers and it is a big issue. In this context, we held a big conference in association with International Road Transport Union, after which we had decided to open an institute for drivers in collaboration with the government or with the help of our members. …

Training institutes are fine, apart from that the drivers who are working... there are lakhs of drivers in India who are working in this field... but they get paid by the transport owners on point-to-point basis, no one pays them a monthly salary... the day he does not go to work or if he falls sick for 15 days and he goes home, he will not get paid at all. What is AITWA thinking about it, how is it going to tackle this issue, how to bring these people back into mainstream? 
Quite right. Something should be done for these drivers... Look a pilot gets paid so well but our drivers are a suppressed lot, they are not given any respect... a driver moves a cargo worth a few crores but even a low-ranked police officer also can take him to task.

We all know this but what is the solution for this? How do you tackle this? How do you stop these malpractices? 
This must surely be stopped. We must do something for drivers; but first the industry must get regularized, for which we are trying, we are talking to the government; then their salary, a uniform salary along with PF and gratuity and other related facilities must be given to them, facilities like medical services are also not available ... on top of which, they get into abusing of drugs or they keep away from home for 20 to 25 days a month... a system must get created for them wherein if a driver is going from Delhi to Bombay... then there should be a mid-point where the driver is sent back home and a new driver takes over to go ahead and reach the destination... This way at least the driver need not be away from his family for 20 or 25 days a month. Our companies must plan a system like that...

How long have you been in this industry? 
I have been in this industry from 2003 onwards.

Ok... Have you seen any changes for the welfare of drivers happening in these 10 years? 
I have not seen many changes happening regarding the welfare of drivers... then about their salaries... I have seen companies progressing but according to me not much has been done for the sake of the drivers... there is a great need to do something for them. Simple things like free eye check-ups and the like keep happening, but no one is thinking about their complete health or a proper salary for them and then drivers are in short supply. They say, a truck must have two drivers when plying when even one driver’s availability is so difficult. It is important for our industry and the companies to think and do something about this so that our trucks ply 500 kilometers at least. We must make a procedure policy with the help of the government.

Who is the biggest culprit? 
What can I say... Owners want maximum profits but I would say the biggest culprit is the transport ministry. They only think about roads but there is no one to think about transport. There are many who think for the roads but no one talks about transport nor do something about it. This makes it very difficult for us. The Ministry of Transport must take the lead and also the big leaders in our transport industry who deal in crores, who own 1000s of trucks they must take the initiative. One who owns one or two trucks is at the receiving end of all this - he drives his own truck and then comes back.

What is the situation of the transport industry at the moment? 
Those owning one or two trucks are the ones facing the maximum problem... They are in a hand-to-mouth situation.

What is the future? 
Till the time government does not think about it or till such time the big players of our industry do not take the lead, till then nothing will happen. All must think about how to help the industry grow. It is for their benefit also... small fleet owners cannot do much... there will be cut-throat competition for even slim profit margins. We should not compete so much amongst ourselves because only then we can work together.

Interview conducted @ AITWA headquarters, New Delhi, February 2014

The Missing Truck!