During winter weather, the cold air doesn’t just seep into our bones, but into our vehicles, equipment, and more.
This seasonal guide covers everything your drivers and company needs to consider during the winter weather, including rules and regulations, winter emergency supplies, vehicle prep and maintenance, journey management, and insurance.
As a compliance organization, it makes sense to start here.
As the weather changes, state and federal laws start to kick in. These include snow removal, state chain laws, anti-idling, adverse driving conditions exemption, and frost laws.
These are critical to follow as violations can lead to penalties, fines, lower CSA scores, higher insurance premiums, and more.
Snow removal and winter travel
Regardless of the weather conditions, drivers are required to reduce speed and–if conditions become too dangerous–drivers must stop and wait until the vehicle can be operated safely again.
When it comes to driving through snow, drivers should be aware that vehicles must be fully clear of ice and snow before winter travel. If snow or ice falls from a moving vehicle and strikes another vehicle or pedestrian causing death or serious bodily injury, the operator of that vehicle could receive a $200 to $1,000+ fine.
In most states, drivers must make “reasonable efforts” to remove snow or ice from all parts of their vehicles within 24 hours of a weather event.
In Pennsylvania, truck operators would be excused if they are on their way to a facility to remove accumulated snow or ice. In addition, violations would not be issued if compliance would cause the trucker to violate any federal or state law or regulation regarding workplace safety, or if it would be a health or safety threat.
State Chain Laws
When driving through snow, drivers need to make sure tire chains are safely secured and ready to be used when required by state rules.
Of course, there are fines associated with violating these rules.
For example, in Colorado the fine for not carrying chains on I-70 between mileposts 133 and 259 from September 1 to May 31 is $50 plus a $17 surcharge. Statewide, the fine for not chaining up when the chain law is in effect is $500 plus a $79 surcharge. The fine for not chaining up and subsequently blocking the highway is $1,000 plus a $157 surcharge.
Each state has their own requirements for carrying chains on commercial motor vehicles, or CMVs that are:
Below is a quick summary of state snow chain requirements:
Anti-Idling States
Idling your vehicle in winter to warm up your vehicle sounds like a no brainer but over the past 20 years, state lawmakers have passed various legislation to minimize vehicle idling.
Generally, to trigger an investigation, anyone can report excessive idling. A local health department will initiate an investigation in response to complaints from one or more citizens regarding an illegally idling vehicle.
To verify a complaint and issue an enforcement action, investigations are usually performed, and the investigator must verify that the idling exceeds the state limit and is not allowed by one of the exceptions in the idling rule.
CDL drivers need to be aware of these laws, so you are less likely to be put in danger of large fines by an innocent mistake.
Here are the top 5 strictest anti-idling states.
0 Minute Unattended Idling:
Wyoming – Idling an unattended vehicle outside a business or residential areas is Illegal. Do not leave your vehicles idling all alone in the cold. While this covers a lot of places, it does not account for open stretches of road.
According to Wyoming Statute 31-5-509: “No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.”
The penalty is a misdemeanor charge and a possible $750 fine.
3-Minute Idling Limit:
Delaware – Idling of an on-road vehicle over 8,500 pounds gross vehicle weight for longer than three minutes is prohibited in Delaware with some exceptions. Violators are subject to penalties of not less than $50 and up to $500 for each offense. Subsequent violations carry fines of from $500 to $1,500.
Washington DC – Motor vehicles powered by gasoline or diesel are not allowed to idle for more than three minutes while the vehicle is parked, stopped or standing. There is an exception for truck Idling when operating a heater when it’s freezing outside that extends the time to 5 minutes.
New Jersey – New Jersey has a 3-minute idling rule with an exception for sub-freezing temperatures and another one for sleeping berths. (Reference New Jersey Administrative Code 7:27-14.3 through 7:27-14.10 and 7:27-15.8)
Note: A late-2022 bill introduced at the New Jersey statehouse would change idle time to 2 minutes, with exceptions.
First offenses for passenger vehicles can result in $100 fines and $250 for commercial vehicles. Subsequent offenses can result in fines from $200 to $1,000.
Virginia – In commercial or residential urban areas, vehicles used commercially or for public service cannot idle for longer than 3 minutes while parked, unless the propulsion engine is providing auxiliary power for other than heating or air conditioning. Tour buses and diesel-powered vehicles in the state can idle for up to 10 minutes, according to the EPA.
There are also 11 states that limit idling to 5 minutes for most vehicles, with various exceptions or limits. These include California, Maine, Maryland, Massachusetts, New Hampshire, New York, Oregon, Pennsylvania, Rhode Island, Texas, Utah, and Vermont.
Another four states limit idling time to 14 to 15 minutes. These are: Illinois, South Carolina, Nevada, and West Virginia.
Adverse driving conditions exception
In 2020, the FMCSA updated several exceptions in the Hours of Service rules, including changes to the adverse driving conditions exception.
The adverse driving exception applies to conditions that you did not know about when you started your run–like snow, fog, or a shut-down of traffic due to an accident, but excludes conditions that you should have known about, such as congested traffic during typical rush hour periods.
The exemption changed to extend both their drive-time limit and their on-duty window by 2 hours if drivers encounter adverse conditions such as weather or traffic congestion.
According to the FMCSA, the provision will allow drivers to either sit and wait out the conditions or to slowly drive through them with caution.
Drivers are also encouraged to monitor state agency social media accounts for the most up-to-date information on any emergency or weather-related situation affecting the state, in addition to any social media accounts for your local emergency management offices.
With truckers being heavily regulated, it is no wonder that there are requirements for emergency equipment on all power units.
The rules can be found at 49 CFR 393.95 for full emergency equipment specifications, regulations, and exceptions, but it is important that each CMV (except those towed in a driveaway–towaway operation) must have the following emergency equipment stored onboard:
But there is so much more to consider in your winter emergency kit. Some of these items should include:
Additionally, it is important to make sure you are fully fueled up before you start the day.
The most important factor to reduce vehicle maintenance issues while on the road is conducting thorough pre-trip, post-trip, and en-route truck and trailer inspections.
Let’s look at what drivers should deal with the most common winter weather vehicle issues.
General
Vehicle breakdowns can range from complications with tires, batteries, air leaks, running out of fuel, brakes, filters and additives, hoses, starters, alternators, lights, belts, sensors, and more.
Before leaving the terminal, maintenance teams should add a “dry” Preventative Maintenance inspection or service between fluid change PMs. A dry PM service includes:
Drivers do not want to be stranded in cold weather, especially in snowy blizzards. Be sure to always keep your vehicle at half a tank of fuel whenever possible.
During winter pre-trips, below are some general winter warning signs to look for:
Check for these warning signs as you check engine oil, coolant, antifreeze levels, and make sure the heater and defroster are working.
To prevent damage, open drain valve on all air tanks and drain water out of air tanks as moisture getting in air lines will rupture air hoses and your brakes won’t work.
With diesel trucks, be sure to use diesel additives in fuel tank to prevent diesel fuel from gelling and keep fuel treatment on-hand.
Lastly, don’t forget to check for trailer lights going out. This is especially crucial during winter months as trailer lights have a greater chance of malfunctioning in the cold.
Tires
A leading cause for tire blowouts is road hazards and underinflated tires are more prone to penetration.
Drivers should be aware that tire pressure will drop naturally during colder weather. Always check all tires pressure (visual inspection + tire pressure gauge when in doubt), especially during weather fluctuations.
While regulations say your tire tread can be at a bare minimums of 4/32” (steering) and 2/32” (drive, trailer tires), this is not sufficient in poor weather and snow.
We recommend keeping your tire tread at 6/32” or greater during the winter. You may need to invest in new tires but this is much cheaper than having a driver stranded or a vehicle not moving product.
Batteries
Truck batteries face different problems during the summer and winter months.
In the summer, the heat can kill batteries 33% faster than in colder temperatures. Fall is a good time to check and make sure the battery is ready for the harsh winter. In the winter, jumpstarts increase by almost 50%.
To minimize the need for jumpstarts, make sure that everything in the truck is turned off. Leaving your lights on or refrigerator plugged in can lead to unnecessary problems.
If a high draw on the battery happened recently, be sure to let the truck run for several minutes to let the alternator charge the batteries.
If the truck has been sitting for a few days, part way through the layoff be sure to start the truck and let it run for a while to keep the batteries charged.
Brakes
Brake violations and often the most frequent violation in roadside inspections.
During your daily inspections, check to make sure brake chamber air lines are secure, able to flex, not leaking, free of mechanical damage and the seals on the glad hands and trailer side are in good condition.
In the winter, your brakes may freeze. Be sure to check and warm them with spot heaters, as needed.
In a tight economy, carriers and professional drivers need to reduce unnecessary costs, focus on preventative maintenance, and reduce any deadhead miles.
From a driving perspective, it is more important than ever to encourage proper trip planning because a well-planned trip is profitable.
While this is common knowledge, we know that many professional drivers are not practicing good trip planning or journey management.
Here are some tips:
Know Your Bill of Lading (BOL)
BOLs accompany all freight shipments and contain important information for transportation providers which will help you understand how weather may affect the shipment.
Carriers may interpret “protect from freeze” differently than “temperature protect”. Protecting a product from freezing means preventing temperatures from dropping below 32°F.
Using a dry van, with no temperature control, may not be suitable for many trucking lanes where freezing conditions can occur. Temperature protecting a product requires temperature-controlled equipment, such as a heated or refrigerated trailer.
Also, consider how cold temperatures affect cargo during loading and unloading as you want to minimize the time a trailer or container is sitting at a dock door exposed to the weather.
Finally, be aware of temperature-sensitive products that may require special packaging (such as protective blankets and portable heaters).
No matter how prepared you are for unfavorable road conditions, collisions involving semi-trucks are substantial.
When a trucking accident happens during poor weather, all the circumstances including the behavior of all drivers, the weather, and the road conditions must be considered.
It can be frustrating for you to sort out the details with both law enforcement and your insurance provider, but the first step after an accident in bad weather is to determine who was responsible and how much the road conditions contributed to the accident.
Below are some tips to prepare for submitting your claims:
Here are the complete steps for everything drivers must do if involved in an accident.
Most importantly, a driver involved in an accident needs to remain calm. Everything you say and do (and even don’t do) can be used against you.
Don’t let your emotion put you in trouble, and do not admit fault. Plaintiff employers love talkative drivers.
Company Policy and Accident Report Kit
Every company has their own specific company policy on what professional drivers need to do following an accident, including the accident reporting kit, and who to notify to report the accident.
Drivers can find all this information in their accident reporting kit, which includes the following forms:
Notify Police and your Company of the Accident
Drivers must contact the police or highway patrol, especially if there is an injury, fatality, or interference with traffic.
Regardless of the severity of the accident, your company must be notified.
When talking with the enforcement personnel and your company, relate the facts of the accident without making a judgement of responsibility.
Once the company is notified, the driver or company official must contact the insurance company as quickly as possible.
If a media representative shows up at the scene of the accident, kindly refer them to your company’s safety department. The involved driver should never speak to the media.
Identify is this is a DOT “reportable” Accident?
DOT “recordable” crashes need to be entered on the company’s accident register and your insurance carrier needs to be notified as soon as possible in case an adjuster is needed on-site.
A DOT “recordable” accident includes an occurrence involving a commercial motor vehicle that results in (390.5 accident definition (1)):
A DOT Recordable accident does not include (390.5 accident definition (2)):
A drug and alcohol test is only required for a reportable crash that involves the driver being issued a citation or if there is a fatality.
Gathering evidence at the scene of the accident
This is one of the most critical elements of an accident as it may take days, weeks, or even months before accident responsibility or fault is determined.
It is important to keep in mind that many accidents will result in bodily injury claims against you and your company.
Many companies have an accident report kit that includes instructions of what information to gather and document.
The rule of thumb here is do not rely on your memory.
What evidence to collect:
The evidence that should be photographed are:
After everything is collected. Write down any other notes that you remember.
Do I have to have a drug or alcohol test?
Drug and alcohol tests are not required after every accident.
A CDL driver is required to take a post-accident drug test if:
Also, it is important to note that a driver is still liable to take a drug and alcohol test if a citation issued within 32 hours of the accident.
If a citation is issued after the 8-hour mark, the motor carrier must make a note saying “a citation was not issued until this time, which was after the 8 hours for alcohol testing.”
A driver has 2 hours in which an alcohol test should be completed, however it must be completed within 8 hours. If the driver goes over the 2-hour mark, they must provide an explanation as to why there was a delay and the motor carrier must provide a written explanation and keep in their company files.
A drug test needs to be completed as soon as possible; however, it must be completed within 32 hours. At times there might be a delay in the issuance of a citation, however as long as the citation is issued with 32 hours, a drug and alcohol test is required.
What drivers should never do at the scene of an accident
There you have it, everything you need to know to prepare for the winter weather.
Our DOT trainers offer a variety of in-person or online training courses tailored to the specific needs or weaknesses of your company and drivers.
For more information, contact us at 888.260.9448 or info@cnsprotects.com.
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