Tuesday, December 30, 2008
Mid America Trucking Show
Have you registered yet?
Mid America Trucking Show
March 19-21, 2009
Kentucky Expo Center
Louisville, KY
To Register Visit: http://truckingshow.com/
Mid America Trucking Show
March 19-21, 2009
Kentucky Expo Center
Louisville, KY
To Register Visit: http://truckingshow.com/
Operation Safe Driver Results from 2008
The Commercial Vehicle Safety Alliance and the Federal Motor Carrier Safety Administration are driving down the number of deaths on our highways resulting from poor driving behaviors of car, truck and bus drivers through the Operation Safe Driver campaign.Conducted across North America Oct. 20-25, 2008, the week-long blitz included 4,321 law enforcement personnel at 1,332 localities in 31 states and several Canadian provinces."We know there are a small portion of high-risk drivers causing most of the crashes related to large trucks and buses," said CVSA Executive Director Stephen F. Campbell. "Operation Safe Driver focuses our enforcement resources on these high-risk operators, while at the same time offering educational tools to the motoring public at large on how to drive more safely around trucks and buses."According to crash data analyzed by FMCSA, 88 percent of crashes involving large trucks cite driver behaviors - whether it was the car, truck or bus - were cited as a factor in the crash. The Operation Safe Driver campaign was created last year to address this problem and take aggressive enforcement action on car, bus and truck drivers to prevent deaths.Many educational and awareness events by government and industry were conducted in conjunction at different driver activities/events and population types. Activities included three international media events across the U.S., driver outreach events, No-Zone and Share the Road programs, distributing educational brochures and producing a podcast for CVSA's In the Safety Lane. In addition, a number of states conducted their TACT (Ticketing Aggressive Cars and Trucks) operation during the week.During 2008 Operation Safe Driver, 32,708 commercial vehicle roadside inspections were conducted, with 22.9 percent of Level 1 inspections resulting in the vehicles being placed out of service and 5.3 percent resulting in the driver being placed out of service. (This compares to 2007 figures of 20,523 inspections conducted and a driver OOS rate of 10.2 percent.)There were 16,784 CMV Driver Traffic Enforcement Contacts, resulting in 6,143 citations and 3,247 warnings being issued. There were 11,151 Non-CMV Driver Traffic Enforcement Contacts, with 8,405 citations issues and 1,808 warnings.In addition, 42 targeted Compliance Reviews on truck and motorcoach operations were conducted by FMCSA personnel on motor carriers employing the "worst of the worst" commercial drivers: Nine carriers (or 21.4 percent of the total reviews) received a Conditional Safety Rating. (The national average of carriers rated Conditional in 2007 was 26.7 percent). Four carriers (or 9.5 percent of the total reviews) receiving an Unsatisfactory Safety Rating. (The national average of carriers rated unsatisfactory in 2007 was 5.5 percent.)
California Meal/Break Reg Applies to Commercial Drivers
The Federal Motor Carrier Safety Administration rejected a petition to exempt commercial vehicle drivers subject to federal hours of service regulation from the California laws and regulations requiring employers to provide employees with meal and rest breaks.The agency ruled that petition does not satisfy the threshold requirement for preemption under 49 U.S.C. 31141(c) because the provisions at issue are not "laws and regulations on commercial motor vehicle safety," but rather laws and regulations applied generally to California employers.On July 3, 2008, James H. Hanson, Esq., Scopelitis, Garvin, Light, Hanson & Feary, P.C., petitioned the Federal Motor Carrier Safety Administration on behalf of a group of motor carriers to preempt the California statutes and rules requiring transportation industry employers to give their employees meal and rest breaks during the work day, as applied to drivers of commercial motor vehicles subject to the FMCSA hours-of-service regulations.The petitioners argued that "motor carrier operations are carefully timed to take advantage of the flexibility available under the HOS Regulations and, in some instances, to take advantage of the full complement of driving hours provided as well. Some carriers schedule driver meals to take place at carrier facilities once the driver has delivered a load so that unloading, sorting, and loading of outbound shipments can take place during the break. The Meal and Rest Break Rules, by mandating when meals breaks must be taken, interfere with such arrangements, meaning that the driver will miss the inbound appointment, which in turn has the domino effect of delaying outbound operations."In addition, they noted that because drivers must find a place to pull over, park and shut down their equipment before the break can start, "as a practical matter, the Meal and Rest Break Rules impose a much greater burden on the driver than a simple reading of the rules ... would at first suggest, and the burden is exacerbated in congested areas."You can read the full notice in the Federal Register here.
Schneider training Acedemy to Close it's Doors
While most schools in the nation are still on their winter break, the driving schools at Schneider National are taking a permanent vacation.
The Milwaukee Journal Sentinel reports that the company is shutting the doors on the Schneider Training Academy and will now fill its driver positions exclusively with veteran drivers. That’s something the company has not done since the mid-1980s.
Don Osterberg, vice president of safety and driver training for the Green Bay, WI-based trucking company, told the Journal Sentinel that it costs the company about $8,000 dollars and 45 days to train an inexperienced driver. An experienced driver can go to work for the company in about four days at a cost of $1,500 dollars.
Joe Rajkovacz, regulatory affairs specialist for OOIDA and himself a former trainer for Schneider, says that this move is just another sign of the tough economic times we face.
“For years, the motor carrier industry has propagated the myth of a driver shortage,” said Rajkovacz. “This move demonstrates that a driver shortage does not exist in this economy and that motor carriers can readily meet their staffing requirements with experienced and veteran drivers without expending considerable financial resources training new drivers.”
The Milwaukee Business Journal reports that the 52 driver trainers currently employed with the training school will be reassigned to truck driving duties by Jan. 5, though there is a possibility that some of them could be laid off.
The Milwaukee Journal Sentinel reports that the company is shutting the doors on the Schneider Training Academy and will now fill its driver positions exclusively with veteran drivers. That’s something the company has not done since the mid-1980s.
Don Osterberg, vice president of safety and driver training for the Green Bay, WI-based trucking company, told the Journal Sentinel that it costs the company about $8,000 dollars and 45 days to train an inexperienced driver. An experienced driver can go to work for the company in about four days at a cost of $1,500 dollars.
Joe Rajkovacz, regulatory affairs specialist for OOIDA and himself a former trainer for Schneider, says that this move is just another sign of the tough economic times we face.
“For years, the motor carrier industry has propagated the myth of a driver shortage,” said Rajkovacz. “This move demonstrates that a driver shortage does not exist in this economy and that motor carriers can readily meet their staffing requirements with experienced and veteran drivers without expending considerable financial resources training new drivers.”
The Milwaukee Business Journal reports that the 52 driver trainers currently employed with the training school will be reassigned to truck driving duties by Jan. 5, though there is a possibility that some of them could be laid off.
Tuesday, December 23, 2008
Truck parking limited in Indiana with six rest areas closing
With Indiana facing an estimated budget shortfall of nearly $763 million in 2009, truckers needing to take a break may be left out in the cold – literally – as the state announces the permanent closure of six rest areas in January.
The Indiana Department of Transportation said it plans to save more than $1 million by closing the aging rest areas, but this limits the options for truckers traveling through the state.
A total of 40 truck parking spaces will be eliminated in the district of Crawfordsville alone because of the closure of the two rest areas on the east and westbound lanes of Interstate 74 at Waynetown, INDOT Public Information Officer Debbie Calder told Land Line Magazine.
Calder said she wasn’t sure of the total number of truck parking spaces that would be lost because of the other four rest area closings in the state.
Other rest areas closing include:
**The eastbound rest area at mile marker 144 on Interstate 70 at Centerville;
**The southbound Flat Creek rest area at mile marker 92 on Interstate 69 between Markle and Fort Wayne; and
**Both east and westbound Arcola rest areas at mile marker 123 on U.S. 30.
According to the INDOT release, the need for rest areas has diminished because “private companies have opened truck stops, gas stations and restaurants along the way that cater to today’s motorists.”
With Indiana facing an estimated budget shortfall of nearly $763 million in 2009, truckers needing to take a break may be left out in the cold – literally – as the state announces the permanent closure of six rest areas in January.
The Indiana Department of Transportation said it plans to save more than $1 million by closing the aging rest areas, but this limits the options for truckers traveling through the state.
A total of 40 truck parking spaces will be eliminated in the district of Crawfordsville alone because of the closure of the two rest areas on the east and westbound lanes of Interstate 74 at Waynetown, INDOT Public Information Officer Debbie Calder told Land Line Magazine.
Calder said she wasn’t sure of the total number of truck parking spaces that would be lost because of the other four rest area closings in the state.
Other rest areas closing include:
**The eastbound rest area at mile marker 144 on Interstate 70 at Centerville;
**The southbound Flat Creek rest area at mile marker 92 on Interstate 69 between Markle and Fort Wayne; and
**Both east and westbound Arcola rest areas at mile marker 123 on U.S. 30.
According to the INDOT release, the need for rest areas has diminished because “private companies have opened truck stops, gas stations and restaurants along the way that cater to today’s motorists.”
Facing TWIC criticism, TSA temporarily allows alternate ID at ports
Truck drivers and other workers who have wrangled with aggressive enforcement at many ports for the Transportation Worker Identification Credential may get extra time to fully comply – at least for a few weeks.
The Transportation Security Administration announced Friday that certain ports are allowing port access if workers present acceptable identification and proof that their TWIC card has been printed and is ready for activation.
The new temporary system will revert back to mandatory TWIC card possession for unescorted access through port-defined “secure areas,” with different deadlines for each of three groups of ports.
The first group will be allowed to use the temporary ID system until Dec. 22, including ports located in “Captain of the Port Zones: Boston, Northern New England, Southeastern New England, Cape Fear River, Corpus Christi, TX, North Carolina, Buffalo, NY; Detroit; Duluth, MN; Lake Michigan; Sault Ste. Marie, MI; Charleston, SC; Long Island Sound; Jacksonville, FL; and Savannah, GA.
The second group can use the temporary ID system until Feb. 1, 2009, including ports in Captain of the Port Zones of: Baltimore, Delaware Bay, DE; Mobile, AL; Lower Mississippi River, MS; Ohio Valley, Pittsburgh; and San Diego.
The last group may use the temporary ID system until Feb. 13, 2009. It includes ports in Captain of the Port Zones of Hampton Roads, VA; Morgan City, LA; New Orleans; Upper Mississippi River, MS; Miami; Key West, FL; and St. Petersburg, FL.
Acceptable proof of activation-ready TWIC cards includes:
Printing the e-mail sent by TSA during notification process that the TWIC is ready for pick-up.
Providing the facility security officer with the applicant’s TWIC application ID number, which can be checked on www.twicinformation.com.
Providing the facility security officer with the worker’s first and last name. That information can be checked by the officer, using the password-protected portion of the U.S. Coast Guard’s Web site.
“Captain of the Port’s should work closely with facility owners and operators to ensure that the above policy is implemented to provide equivalent security at Maritime Transportation Security Act-regulated facilities while minimizing impacts on maritime operations and commerce,” read a statement from TWIC’s policy advisory council.
For more information, visitThe TWIC program eventually will require more than 1.5 million port employees, longshoremen, mariners, truckers and others who require unescorted access to secure areas of ports to have background checks before being issued cards with their biometric data and residency documentation.
Nationally, TWIC cards will be required for truckers and other port workers who need unescorted access into secure areas by April 15, 2009, although most ports are implementing earlier mandatory TWIC enforcement.
OOIDA has been critical of several TSA processes during the TWIC rollout including the price of enrollment and the ability of foreign nationals to access ports without background checks required by TWIC applicants from the United States. One filing of the Association’s comments on TWIC can be found here.
Standard TWIC enrollment costs $132.50, although workers with “current, comparable” threat assessment background checks such as hazmat endorsements, Merchant Mariner Documents or Free and Secure Trade (FAST) cards may obtain a TWIC card for $105.25. The card is designed to last five years.
Replacement cards for those who lose or damage their TWIC card cost $60, according to the TWIC Web site at www.tsa.gov/twic.
According to TSA, as of Thursday, Dec. 11, 725,742 workers nationally had enrolled in TWIC. Of those, 637,262 cards have been printed and 488,713 had been activated. About 120,000 truck drivers have enrolled.
Truck drivers and other workers who have wrangled with aggressive enforcement at many ports for the Transportation Worker Identification Credential may get extra time to fully comply – at least for a few weeks.
The Transportation Security Administration announced Friday that certain ports are allowing port access if workers present acceptable identification and proof that their TWIC card has been printed and is ready for activation.
The new temporary system will revert back to mandatory TWIC card possession for unescorted access through port-defined “secure areas,” with different deadlines for each of three groups of ports.
The first group will be allowed to use the temporary ID system until Dec. 22, including ports located in “Captain of the Port Zones: Boston, Northern New England, Southeastern New England, Cape Fear River, Corpus Christi, TX, North Carolina, Buffalo, NY; Detroit; Duluth, MN; Lake Michigan; Sault Ste. Marie, MI; Charleston, SC; Long Island Sound; Jacksonville, FL; and Savannah, GA.
The second group can use the temporary ID system until Feb. 1, 2009, including ports in Captain of the Port Zones of: Baltimore, Delaware Bay, DE; Mobile, AL; Lower Mississippi River, MS; Ohio Valley, Pittsburgh; and San Diego.
The last group may use the temporary ID system until Feb. 13, 2009. It includes ports in Captain of the Port Zones of Hampton Roads, VA; Morgan City, LA; New Orleans; Upper Mississippi River, MS; Miami; Key West, FL; and St. Petersburg, FL.
Acceptable proof of activation-ready TWIC cards includes:
Printing the e-mail sent by TSA during notification process that the TWIC is ready for pick-up.
Providing the facility security officer with the applicant’s TWIC application ID number, which can be checked on www.twicinformation.com.
Providing the facility security officer with the worker’s first and last name. That information can be checked by the officer, using the password-protected portion of the U.S. Coast Guard’s Web site.
“Captain of the Port’s should work closely with facility owners and operators to ensure that the above policy is implemented to provide equivalent security at Maritime Transportation Security Act-regulated facilities while minimizing impacts on maritime operations and commerce,” read a statement from TWIC’s policy advisory council.
For more information, visitThe TWIC program eventually will require more than 1.5 million port employees, longshoremen, mariners, truckers and others who require unescorted access to secure areas of ports to have background checks before being issued cards with their biometric data and residency documentation.
Nationally, TWIC cards will be required for truckers and other port workers who need unescorted access into secure areas by April 15, 2009, although most ports are implementing earlier mandatory TWIC enforcement.
OOIDA has been critical of several TSA processes during the TWIC rollout including the price of enrollment and the ability of foreign nationals to access ports without background checks required by TWIC applicants from the United States. One filing of the Association’s comments on TWIC can be found here.
Standard TWIC enrollment costs $132.50, although workers with “current, comparable” threat assessment background checks such as hazmat endorsements, Merchant Mariner Documents or Free and Secure Trade (FAST) cards may obtain a TWIC card for $105.25. The card is designed to last five years.
Replacement cards for those who lose or damage their TWIC card cost $60, according to the TWIC Web site at www.tsa.gov/twic.
According to TSA, as of Thursday, Dec. 11, 725,742 workers nationally had enrolled in TWIC. Of those, 637,262 cards have been printed and 488,713 had been activated. About 120,000 truck drivers have enrolled.
Flying J Files for Chapter 11 Bankruptcy
Flying J filed for Chapter 11 bankruptcy Monday, Dec. 22, but says all its truck stops will remain open and that customers won’t notice any difference.
Based in Ogden, UT, the company has about 250 travel plazas and fueling stations across the country. Much of its money, however, comes from its oil production, refining and pipeline operations.
The company, which employs about 16,000 people, had sales of more than $16 billion in 2007, according to Bloomberg.
The company’s president said a combination of plummeting oil prices and tight credit forced Flying J to file for bankruptcy. Chapter 11 bankruptcies are filed by companies that intend to remain in business and that want the courts to protect them from their creditors while they reorganize financially.
The company’s press release said it has no choice, due to a “sudden and unanticipated inability to meet its liquidity needs.”
Based in Ogden, UT, the company has about 250 travel plazas and fueling stations across the country. Much of its money, however, comes from its oil production, refining and pipeline operations.
The company, which employs about 16,000 people, had sales of more than $16 billion in 2007, according to Bloomberg.
The company’s president said a combination of plummeting oil prices and tight credit forced Flying J to file for bankruptcy. Chapter 11 bankruptcies are filed by companies that intend to remain in business and that want the courts to protect them from their creditors while they reorganize financially.
The company’s press release said it has no choice, due to a “sudden and unanticipated inability to meet its liquidity needs.”
SPECIAL REPORT: FMCSA names 16 deadly sins for new entrants
New motor carriers face losing their authority if they commit any one of the newly identified 16 deadly sins that the Federal Motor Carrier Safety Administration outlines in a new final rule.
The final rule was published in the Federal Register Tuesday, Dec. 16. The regulation goes into effect Feb. 17, 2009, with a compliance deadline of Dec. 16, 2009.
Once the reg is in effect, truckers and trucking companies will have their authority yanked if they are found to have violated one of 16 different safety regulations during the new entrant safety audit. If one of the violations is found during a roadside inspection, that can trigger an “expedited action,” which is a safety audit or compliance review.
The key safety regulations, quickly dubbed the “16 deadly sins” by industry insiders, are:
*Failing to implement an alcohol and/or controlled substances testing program.
*Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.
*Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382.
*Using a driver known to have tested positive for a controlled substance.
*Failing to implement a random controlled substances and/or alcohol testing program.
*Knowingly using a driver who does not possess a valid CDL.
*Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license which is suspended, revoked, or canceled by a state or who is disqualified to operate a commercial motor vehicle.
*Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
*Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
*Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.
*Knowingly using a disqualified driver.
*Knowingly using a physically unqualified driver.
*Failing to require a driver to make a record of duty status.
*Requiring or permitting the operation of a commercial motor vehicle declared ‘‘out-of-service’’ before repairs are made.
*Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.
*Using a commercial motor vehicle not periodically inspected.
Most of the violations are a “one strike and you’re out” scenario. However, two of the regs – failing to require a driver to make a record of duty status and using a commercial motor vehicle not periodically inspected – require a violation detected 51 percent of the time in trips reviewed.
Any motor carrier found to fail the new entrant safety audit must be notified within 45 days of the review. Once notified that they failed the audit, the motor carrier has 60 days to correct the problems or lose their operating authority.
Two groups – passenger-carrying operations and hazmat haulers – are being given only 45 days to correct any violations in their safety audits.
Any motor carrier that doesn’t prove the violations were corrected will lose its operating authority after the 60 or 45 days, depending on the type of operation. Once the FMCSA revokes the authority and issues an out-of-service order, the new entrant will have to wait 30 days before applying for authority again and starting the process all over.
The final rule was published in the Federal Register Tuesday, Dec. 16. The regulation goes into effect Feb. 17, 2009, with a compliance deadline of Dec. 16, 2009.
Once the reg is in effect, truckers and trucking companies will have their authority yanked if they are found to have violated one of 16 different safety regulations during the new entrant safety audit. If one of the violations is found during a roadside inspection, that can trigger an “expedited action,” which is a safety audit or compliance review.
The key safety regulations, quickly dubbed the “16 deadly sins” by industry insiders, are:
*Failing to implement an alcohol and/or controlled substances testing program.
*Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.
*Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382.
*Using a driver known to have tested positive for a controlled substance.
*Failing to implement a random controlled substances and/or alcohol testing program.
*Knowingly using a driver who does not possess a valid CDL.
*Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license which is suspended, revoked, or canceled by a state or who is disqualified to operate a commercial motor vehicle.
*Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
*Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
*Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.
*Knowingly using a disqualified driver.
*Knowingly using a physically unqualified driver.
*Failing to require a driver to make a record of duty status.
*Requiring or permitting the operation of a commercial motor vehicle declared ‘‘out-of-service’’ before repairs are made.
*Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.
*Using a commercial motor vehicle not periodically inspected.
Most of the violations are a “one strike and you’re out” scenario. However, two of the regs – failing to require a driver to make a record of duty status and using a commercial motor vehicle not periodically inspected – require a violation detected 51 percent of the time in trips reviewed.
Any motor carrier found to fail the new entrant safety audit must be notified within 45 days of the review. Once notified that they failed the audit, the motor carrier has 60 days to correct the problems or lose their operating authority.
Two groups – passenger-carrying operations and hazmat haulers – are being given only 45 days to correct any violations in their safety audits.
Any motor carrier that doesn’t prove the violations were corrected will lose its operating authority after the 60 or 45 days, depending on the type of operation. Once the FMCSA revokes the authority and issues an out-of-service order, the new entrant will have to wait 30 days before applying for authority again and starting the process all over.
Monday, December 22, 2008
Final EOBR Rule Will Expand Proposed Requirements
The final electronic onboard recorder rule will significantly expand the scope of the proposed rule, according to John Hill, chief of the Federal Motor Carrier Safety Administration."It's still not as far as a lot of people would like me to go, but it's significantly more than what we had proposed," Hill said, speaking in Minneapolis Tuesday at an EOBR conference sponsored by the Commercial Vehicle Safety Alliance. Hill was referencing the portion of the proposal that requires habitual violators of the hours of service rules to use recorders.FMCSA has finished its work on the final rule and sent it for review by the White House Office of Management and Budget. It is scheduled to be released this year, but Hill said he does not know if OMB will meet that deadline.Under the proposal, a carrier would have to use recorders if it violates the hours rule 10 percent or more of the time, as determined in two compliance reviews within a two-year period. This would affect only a minute portion of the national fleet. The agency estimated that fewer than 1,000 of the estimated 650,000 carriers it regulates would be covered.Under federal law, Hill cannot discuss the details of the final rule until it has been released, but he did indicate that the mandatory requirement in the final rule will touch more than these few carriers. He also said that this rule is probably the precursor to a universal EOBR mandate. "I believe that this is the start of something that is going to become much bigger in the days ahead," he said. "I think that eventually you will see a universal mandate."This will not happen right away and it will require a change in the law, he said. Current law requires FMCSA to justify its rules with a cost-benefit analysis, and Hill said a universal EOBR rule cannot pass that test."You can't put (EOBRs) on every truck in this country unless Congress says, write a rule and put it in every truck or every bus. And I don't know whether Congress is going to do that in these economic times."The mandatory recorder requirement is just one of several key features of the proposed rule. The agency wants to encourage voluntary use of recorders by offering incentives, such as a lighter touch in a safety analysis, to fleets that use recorders. The proposal also spells out new performance standards for recorders, taking into account the many technological improvements that have been brought to market since the current voluntary rule was written in 1988.
FMCSA Will Use GPS Data for Enforcement
The Federal Motor Carrier Safety Administration has rescinded a policy barring use of GPS records to verify compliance with the hours of service rules.Since 1997 the agency has taken a hands-off approach to using data from advanced technologies such as GPS as an enforcement tool "in order to promote and encourage use of these new technologies by the industry."Now that goal has been achieved, the agency said. And field staff have begun to see situations in which the hands-off policy is harming enforcement, said FMCSA Administrator John Hill. Enforcement officials were reporting that they could see obvious violators of the hours rules but could not get to their GPS records to prove it, Hill said. "I can't look at people in the face who are not compliant with HOS and say, 'I've got this old policy that says we won't use GPS records,'" he said. "I just think it's ludicrous. If you've got GPS records that show you're getting around the HOS rules, we're going to use those as part of our enforcement process."Hill said he could not quantify how many GPS users are dodging the hours rules. "But I will tell you that this is something I hear routinely from the field. I don't think it's anecdotal. It happens more than you would imagine."The policy change will go into effect Dec. 19.
FMCSA Announces More Strict Entry Requirements
The Federal Motor Carrier Safety Administration announced a new rule to place more strict safety requirements on all newly registered trucking and bus companies. This final rule raises the compliance standards for passing new entrant safety audits, while ensuring that safety deficiencies are corrected before a new motor carrier is granted permanent registration with the agency.The agency is targeting new entrants because their safety records are significantly worse than those of experienced carriers. They are involved in more accidents and their drivers and vehicles are more often out of compliance. "These more stringent safety requirements are meant to help new carriers succeed at establishing and maintaining a comprehensive safety management program," said FMCSA Administrator John H. Hill. "Imposing these tougher standards will ensure that new entrants are fully aware and compliant with federal safety regulations aiding in the continued reduction of highway crashes and fatalities on our nation's highways."Under the old entry rule, would-be truckers had to certify that they understood the safety rules and clear a safety audit before they could get permanent registration. That was too easy, the agency said. Under the final rule, a newly registered trucking or bus company will automatically fail its safety audit if it violates any one of 16 essential federal regulations during the 18-month safety monitoring period. (This is more than were included in the proposed rule, which listed 11.) These essential regulations cover controlled substances and alcohol testing, hours-of-service, driver qualifications, vehicle condition, and carrier financial responsibility.If a company fails its new entrant safety audit, it may result in revocation of a carrier's registration with the agency, unless the carrier takes necessary corrective action within a specified time period established by FMCSA.The rule would also require that if during the 18-month safety monitoring period, certain violations are discovered during roadside inspections, the new entrant may be subjected to a new entrant expedited safety audit or in the case of serious safety violations, a more comprehensive compliance review, which can result in fines and penalties. The carrier may also be required to submit a written corrective action plan explaining in detail how the carrier will achieve compliance with the safety rules and improve its safety performance.
New Speed-Limiting Regulation for Quebec & Ontario
Effective January 1, 2009, the speed-limiting system (engine governor) of a commercial motor vehicle shall be properly set at a maximum speed of 105 kilometers per hour (65 MPH). The speed-limiting system must be properly set so the engine is restricted from accelerating above the permitted speed. The commercial motor vehicle is exempt if the tractor is manufatured prior to 1995.
What does this mean to you and me?
Your tractor will need to be governed at 105 kilometers per hour (65 MPH) if you travel to Ontario and Quebec. The officers on the roadside will have a way to inspect to see that you are in compliance, therefore, you will need to prevent violations before they occur on the roadside.
For more information, visit http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900587_e.htm and scroll to #12-#18 in the regulations.
What does this mean to you and me?
Your tractor will need to be governed at 105 kilometers per hour (65 MPH) if you travel to Ontario and Quebec. The officers on the roadside will have a way to inspect to see that you are in compliance, therefore, you will need to prevent violations before they occur on the roadside.
For more information, visit http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900587_e.htm and scroll to #12-#18 in the regulations.
Sunday, December 21, 2008
Troops 2 Truckers
I recently came across a great organization that I wanted to share on my blog. It is called Troops 2 truckers. Below is just a little insight into this fantastic organization. For more info visit www.troops2truckers.com .
Earn the transportation industry's best pay and benefits.It's all about getting a great job...not just getting your CDL
Have questions about the program? Check out our Frequently Asked Questions page for quick answers.Our objective is to provide transitioning service members with professional commercial trucking industry training, CDL (Commerical Drivers License) certification, and a real job offer at zero "out of pocket" cost. Upon successful completion of our program, you will have the option to accept a contingent job offer from the trucking industry's leading companies and set your civilian career in motion. These employers offer the best pay and benefits packages in the industry and are highly supportive of your military training and experience. There is no obligation to accept—you are free to choose the career path that makes sense to you and your family. It's all about getting a great job... where and when you want it!Our Charter Employers and Industry Partners operate in over 800 locations across the United States. We ask you for three location choices and work diligently with employers to place you in your top choice. We can't promise a perfect fit in every case, but we'll work tirelessly to make it happen.
Earn the transportation industry's best pay and benefits.It's all about getting a great job...not just getting your CDL
Have questions about the program? Check out our Frequently Asked Questions page for quick answers.Our objective is to provide transitioning service members with professional commercial trucking industry training, CDL (Commerical Drivers License) certification, and a real job offer at zero "out of pocket" cost. Upon successful completion of our program, you will have the option to accept a contingent job offer from the trucking industry's leading companies and set your civilian career in motion. These employers offer the best pay and benefits packages in the industry and are highly supportive of your military training and experience. There is no obligation to accept—you are free to choose the career path that makes sense to you and your family. It's all about getting a great job... where and when you want it!Our Charter Employers and Industry Partners operate in over 800 locations across the United States. We ask you for three location choices and work diligently with employers to place you in your top choice. We can't promise a perfect fit in every case, but we'll work tirelessly to make it happen.
Groups Challenge Rule Setting Working Hours for Truck Drivers
The HOS petition asks FMCSA to reconsider the regulation based on numerous errors and misrepresentations of research findings clearly showing that much longer working and driving hours will inevitably produce severely fatigued drivers who also can suffer serious health problems from excessively long working hours.
The Trucker Staff12/18/2008
WASHINGTON — Once again, the hours of service (HOS) rule for truck drivers is being challenged by a coalition that contends the federal government should reconsider “a seriously flawed regulation that can compel professional truck drivers to work and drive 19th century sweatshop hours.”
The four organizations — Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition and the International Brotherhood of Teamsters — filed a petition for reconsideration Thursday with the administrator of the Federal Motor Carrier Safety Administration (FMCSA).
Calling the Nov. 19 publication a “midnight” final rule, the groups contend the FMCSA ignored two court decisions that have been issued since 2003.
The first decision found that the agency had not adequately taken driver health into consideration. The second decision vacated the two provisions of FMCSA’s revised 2005 final rule that raised the limits for daily and weekly driving and on-duty hours. Although courts have twice ordered the agency to reconsider the rule on technical grounds, FMCSA has re-issued virtually the same rule after each court order, according to the petitioners.
The latest final rule, which retains the pre-existing 11-hour driving limit and the 34-hour restart provision, will take effect on Jan. 19.
“Under this rule, companies can force interstate truck drivers to work and drive grueling hours that are unheard of in other U.S. workplaces in the 21st century,” said Joan Claybrook, president of Public Citizen and former administrator of the National Highway Traffic Safety Administration. “These trucks are rolling sweatshops.”
Others involved in the petition voiced similar objections.
“FMCSA simply disregarded scores of studies conducted over more than 30 years showing that this incredibly demanding working and driving schedule will lead to exhausted truck drivers who literally can fall asleep at the wheels of their rigs,” said Jacqueline Gillan, vice president of Advocates for Highway and Auto Safety. “This final rule is utterly irresponsible and has been issued in open defiance of the court’s findings in back-to-back decisions.”
An FMCSA spokesman said late Thursday that the agency had yet to receive the petition, and would comment once it had been reviewed.
The petition asks FMCSA to reconsider the regulation based on numerous errors and misrepresentations of research findings clearly showing that much longer working and driving hours will inevitably produce severely fatigued drivers who also can suffer serious health problems from excessively long working hours.
“Congress created FMCSA on Jan. 1, 2000, to make trucking safer, but the Bush administration used the agency to make it more dangerous,” said Teamsters General President Jim Hoffa. “FMCSA was so eager to carry water for the trucking industry that it ignored mountains of scientific evidence that driving longer hours increases the risk of a crash.”
The Trucker Staff12/18/2008
WASHINGTON — Once again, the hours of service (HOS) rule for truck drivers is being challenged by a coalition that contends the federal government should reconsider “a seriously flawed regulation that can compel professional truck drivers to work and drive 19th century sweatshop hours.”
The four organizations — Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition and the International Brotherhood of Teamsters — filed a petition for reconsideration Thursday with the administrator of the Federal Motor Carrier Safety Administration (FMCSA).
Calling the Nov. 19 publication a “midnight” final rule, the groups contend the FMCSA ignored two court decisions that have been issued since 2003.
The first decision found that the agency had not adequately taken driver health into consideration. The second decision vacated the two provisions of FMCSA’s revised 2005 final rule that raised the limits for daily and weekly driving and on-duty hours. Although courts have twice ordered the agency to reconsider the rule on technical grounds, FMCSA has re-issued virtually the same rule after each court order, according to the petitioners.
The latest final rule, which retains the pre-existing 11-hour driving limit and the 34-hour restart provision, will take effect on Jan. 19.
“Under this rule, companies can force interstate truck drivers to work and drive grueling hours that are unheard of in other U.S. workplaces in the 21st century,” said Joan Claybrook, president of Public Citizen and former administrator of the National Highway Traffic Safety Administration. “These trucks are rolling sweatshops.”
Others involved in the petition voiced similar objections.
“FMCSA simply disregarded scores of studies conducted over more than 30 years showing that this incredibly demanding working and driving schedule will lead to exhausted truck drivers who literally can fall asleep at the wheels of their rigs,” said Jacqueline Gillan, vice president of Advocates for Highway and Auto Safety. “This final rule is utterly irresponsible and has been issued in open defiance of the court’s findings in back-to-back decisions.”
An FMCSA spokesman said late Thursday that the agency had yet to receive the petition, and would comment once it had been reviewed.
The petition asks FMCSA to reconsider the regulation based on numerous errors and misrepresentations of research findings clearly showing that much longer working and driving hours will inevitably produce severely fatigued drivers who also can suffer serious health problems from excessively long working hours.
“Congress created FMCSA on Jan. 1, 2000, to make trucking safer, but the Bush administration used the agency to make it more dangerous,” said Teamsters General President Jim Hoffa. “FMCSA was so eager to carry water for the trucking industry that it ignored mountains of scientific evidence that driving longer hours increases the risk of a crash.”
LaHood Announced as Obama's Choice to Lead DOT
The Trucker Staff12/19/2008
CHICAGO — President-elect Barack Obama’s nominee for transportation secretary is respected for his fairness, bipartisanship and effectiveness — but the challenge for Republican Rep. Ray LaHood will be whether his managerial ability can trump a lack of extensive transportation experience.
The 63-year-old LaHood, named as transportation secretary by fellow Illinoisan Obama in a Friday news conference, is the second Republican Obama has invited to join his administration. Defense Secretary Robert Gates, whom Obama asked to remain in office, is the other GOP member tapped so far for the new Cabinet.
The transportation secretary is expected to be a high-profile job in the Obama administration, especially early on. The president-elect, in introducing the new team members, set a target of 2.5 million new jobs, many coming from an investment in national infrastructure he likened to the Eisenhower-era development of the interstate highway system.
In introducing LaHood, Obama said “few understand our infrastructure challenge better,” and the president-elect noted LaHood’s six years on the House Transportation and Infrastructure committee and work on the aviation system, mass transit and highways.
Obama also said the appointment was based on “the best person for the job, regardless of party.”
In his remarks, LaHood said he and the president-elect share the same philosophy on infrastructure.
“His agenda for the Department of Transportation is my agenda for the Department of Transportation,” LaHood said, echoing the importance of putting aside political partisanship for the good of the nation. “We have a task before us to rebuild America. We cannot stand by while our infrastructure crumbles.”
He called rebuilding the infrastructure and reinvigorating the economy “a tremendous opportunity,” and said he would continue “a hallmark” of his congressional career by working closely with local transportation officials on government projects.
“It is the local folks who know best their transportation needs,” LaHood said.
Some observers, however, contend LaHood has less experience in transportation issues than other contenders Obama reportedly considered, and many industry experts — even in LaHood’s home state — were hard-pressed to say where he stood on specific issues.
“I’m quite surprised as he’s not one of the names run by me earlier,” said Aaron Gellman, a professor at Northwestern University’s Transportation Center near Chicago, prior to Friday’s announcement. “But the fact he’s not a known quantity shouldn’t necessarily disqualify him.”
LaHood represents a district around Peoria, the central Illinois city where he was born — the grandson of a Lebanese immigrant and the son of a restaurant manager. After college, he taught social studies for six years at a junior high school.
In Congress, he gained respect for his grasp of parliamentary details, and he presided over impeachment hearings against then-President Bill Clinton in 1998.
LaHood was also in the forefront of efforts to make the floor of the House less partisan, and he sometimes ended up angering Republican leaders by refusing to follow the party line.
Mike Lawrence, the recently retired director of Southern Illinois University’s Paul Simon Public Policy Institute, told The Trucker that he’s known LaHood for more than 40 years — and they first met when a young LaHood was on the staff of a regional transportation commission.
Lawrence echoed others’ comments, characterizing LaHood as a hard worker and a good listener, noted for efforts at “civility in the political arena” and bipartisanship.
“He’s always been far more interested in getting things done than he has been in political posturing,” Lawrence said. “He’s someone who has been willing and able to work with people who come from a variety of perspectives.”
Lawrence did suggest that LaHood’s years in Congress have provided him with a broad exposure to transportation policy.
“Above all, he’s someone concerned about doing a great job. He does his homework. He’s forthright in explaining why he might be taking a certain position,” Lawrence said. “I don’t know the degree of his expertise on transportation issues, but I would say he brings the qualities that will serve him well as a leader.”
LaHood and Democratic Rep. Rahm Emanuel — another Illinoisan whom Obama has picked as his chief of staff — often held dinners for small groups of lawmakers from both parties.
LaHood — who serves on the House Appropriations Committee, the panel that oversees federal discretionary spending — has a reputation for getting things done for his constituents. And a number of highway-focused constituencies were quick to praise the selection.
“The President-elect has made an outstanding choice. Ray LaHood is one of the best public servants I know. He will be an outstanding secretary of transportation, and a terrific addition to the president’s cabinet,” said Norm Mineta, honorary chairman of the American Highway Users Alliance, and a former secretary of transportation. “He is a person of high integrity. Both sides of the aisle should be pleased with this choice. Once again, President-elect Obama has selected someone for his cabinet that all Americans can be confident will do a superb job. ”
Alliance Chairman Bill Graves, president and CEO of the American Trucking Associations, also offered congratulations, and noted that LaHood “led efforts to enhance Illinois’ infrastructure, including the reconstruction of Interstate 74, expansion of U.S. Route 67, and completion of Route 336.”
Teamsters General President Jim Hoffa likewise said the union supports the nominee.
“Congressman Ray LaHood has been a long-time, strong ally in the Teamsters’ unwavering fight to stop unsafe Mexican trucks from traveling freely throughout the United States,” Hoffa said, characterizing LaHood as a moderate Republican. “We are anxious to meet with him and assist in any way we can to advance President-elect Obama’s agenda to rebuild America, improve the safety and efficiency of our transportation system and create millions of good jobs.”
The Governors Highway Safety Association praised LaHood’s “pragmatic background,” and encouraged the nominee to look into “behavioral highway safety programs” for their immediate impact.
Similarly, the American Association of State Highway and Transportation Officials expressed confidence that LaHood’s legislative experience will enable him to successfully lead the infrastructure-centered economic stimulus plan as well as the upcoming highway funding authorization.
“Working with Congress to enact an economic recovery bill will likely be his first major challenge as Secretary,” said AASHTO Executive Director John Horsley. “Strong bipartisan support will be needed if the bill is going to be ready for the President’s signature in January.”
CHICAGO — President-elect Barack Obama’s nominee for transportation secretary is respected for his fairness, bipartisanship and effectiveness — but the challenge for Republican Rep. Ray LaHood will be whether his managerial ability can trump a lack of extensive transportation experience.
The 63-year-old LaHood, named as transportation secretary by fellow Illinoisan Obama in a Friday news conference, is the second Republican Obama has invited to join his administration. Defense Secretary Robert Gates, whom Obama asked to remain in office, is the other GOP member tapped so far for the new Cabinet.
The transportation secretary is expected to be a high-profile job in the Obama administration, especially early on. The president-elect, in introducing the new team members, set a target of 2.5 million new jobs, many coming from an investment in national infrastructure he likened to the Eisenhower-era development of the interstate highway system.
In introducing LaHood, Obama said “few understand our infrastructure challenge better,” and the president-elect noted LaHood’s six years on the House Transportation and Infrastructure committee and work on the aviation system, mass transit and highways.
Obama also said the appointment was based on “the best person for the job, regardless of party.”
In his remarks, LaHood said he and the president-elect share the same philosophy on infrastructure.
“His agenda for the Department of Transportation is my agenda for the Department of Transportation,” LaHood said, echoing the importance of putting aside political partisanship for the good of the nation. “We have a task before us to rebuild America. We cannot stand by while our infrastructure crumbles.”
He called rebuilding the infrastructure and reinvigorating the economy “a tremendous opportunity,” and said he would continue “a hallmark” of his congressional career by working closely with local transportation officials on government projects.
“It is the local folks who know best their transportation needs,” LaHood said.
Some observers, however, contend LaHood has less experience in transportation issues than other contenders Obama reportedly considered, and many industry experts — even in LaHood’s home state — were hard-pressed to say where he stood on specific issues.
“I’m quite surprised as he’s not one of the names run by me earlier,” said Aaron Gellman, a professor at Northwestern University’s Transportation Center near Chicago, prior to Friday’s announcement. “But the fact he’s not a known quantity shouldn’t necessarily disqualify him.”
LaHood represents a district around Peoria, the central Illinois city where he was born — the grandson of a Lebanese immigrant and the son of a restaurant manager. After college, he taught social studies for six years at a junior high school.
In Congress, he gained respect for his grasp of parliamentary details, and he presided over impeachment hearings against then-President Bill Clinton in 1998.
LaHood was also in the forefront of efforts to make the floor of the House less partisan, and he sometimes ended up angering Republican leaders by refusing to follow the party line.
Mike Lawrence, the recently retired director of Southern Illinois University’s Paul Simon Public Policy Institute, told The Trucker that he’s known LaHood for more than 40 years — and they first met when a young LaHood was on the staff of a regional transportation commission.
Lawrence echoed others’ comments, characterizing LaHood as a hard worker and a good listener, noted for efforts at “civility in the political arena” and bipartisanship.
“He’s always been far more interested in getting things done than he has been in political posturing,” Lawrence said. “He’s someone who has been willing and able to work with people who come from a variety of perspectives.”
Lawrence did suggest that LaHood’s years in Congress have provided him with a broad exposure to transportation policy.
“Above all, he’s someone concerned about doing a great job. He does his homework. He’s forthright in explaining why he might be taking a certain position,” Lawrence said. “I don’t know the degree of his expertise on transportation issues, but I would say he brings the qualities that will serve him well as a leader.”
LaHood and Democratic Rep. Rahm Emanuel — another Illinoisan whom Obama has picked as his chief of staff — often held dinners for small groups of lawmakers from both parties.
LaHood — who serves on the House Appropriations Committee, the panel that oversees federal discretionary spending — has a reputation for getting things done for his constituents. And a number of highway-focused constituencies were quick to praise the selection.
“The President-elect has made an outstanding choice. Ray LaHood is one of the best public servants I know. He will be an outstanding secretary of transportation, and a terrific addition to the president’s cabinet,” said Norm Mineta, honorary chairman of the American Highway Users Alliance, and a former secretary of transportation. “He is a person of high integrity. Both sides of the aisle should be pleased with this choice. Once again, President-elect Obama has selected someone for his cabinet that all Americans can be confident will do a superb job. ”
Alliance Chairman Bill Graves, president and CEO of the American Trucking Associations, also offered congratulations, and noted that LaHood “led efforts to enhance Illinois’ infrastructure, including the reconstruction of Interstate 74, expansion of U.S. Route 67, and completion of Route 336.”
Teamsters General President Jim Hoffa likewise said the union supports the nominee.
“Congressman Ray LaHood has been a long-time, strong ally in the Teamsters’ unwavering fight to stop unsafe Mexican trucks from traveling freely throughout the United States,” Hoffa said, characterizing LaHood as a moderate Republican. “We are anxious to meet with him and assist in any way we can to advance President-elect Obama’s agenda to rebuild America, improve the safety and efficiency of our transportation system and create millions of good jobs.”
The Governors Highway Safety Association praised LaHood’s “pragmatic background,” and encouraged the nominee to look into “behavioral highway safety programs” for their immediate impact.
Similarly, the American Association of State Highway and Transportation Officials expressed confidence that LaHood’s legislative experience will enable him to successfully lead the infrastructure-centered economic stimulus plan as well as the upcoming highway funding authorization.
“Working with Congress to enact an economic recovery bill will likely be his first major challenge as Secretary,” said AASHTO Executive Director John Horsley. “Strong bipartisan support will be needed if the bill is going to be ready for the President’s signature in January.”
Thursday, December 18, 2008
Seeking Job in Transportaion Industry
I am currently looking to get back into DOT Compliance and Safety. I have a wide range of skills and training and looking to help anyone from single owner operators to large transportation service providers whether it be a full or part-time basis.
One particular service that I provide is mileage and fuel tax recording and filing. I offer quarterly rates per truck. I can also provide services on an as-needed basis such as vehicle registration, licensing, UCR filing, drug testing, driver log auditing and mock DOT safety audits and assistance with record keeping.
I also have experience in dispatch and freight brokering.
If you know anyone that may be interested in my services, please feel free to give them my email address. morgan.cathy@centurytel.net
I live in Wisconsin but travel frequently throughout the state and cover a wide area in Minnesota including the Twin Cities.
I would love to speak with anyone interested about how I can help you as an individual or as a company! I look forward to hearing from you!
Cathy
One particular service that I provide is mileage and fuel tax recording and filing. I offer quarterly rates per truck. I can also provide services on an as-needed basis such as vehicle registration, licensing, UCR filing, drug testing, driver log auditing and mock DOT safety audits and assistance with record keeping.
I also have experience in dispatch and freight brokering.
If you know anyone that may be interested in my services, please feel free to give them my email address. morgan.cathy@centurytel.net
I live in Wisconsin but travel frequently throughout the state and cover a wide area in Minnesota including the Twin Cities.
I would love to speak with anyone interested about how I can help you as an individual or as a company! I look forward to hearing from you!
Cathy
Tuesday, December 16, 2008
Pilot Opens New Travel Center
Pilot recently opened a new travel center in Brooklyn, Iowa, off Interstate 80 at exit 201.The 10,350-square-foot facility features five fuel islands and seven diesel islands as well as a restaurant and other convenience items.The travel center includes a Subway restaurant; an ATM; fax and copy services; lottery and lotto games; laundry services; a deli; and an expanded grill area with Oscar Mayer hot dogs. In addition to diesel fuel, professional drivers will have access to such services as a CAT scale and five showers. More info: www.pilottravelcenters.com
Pennsylvania Aggressive Driver Crackdown
The Pennsylvania State Police recently rolled out their Ticketing Aggressive Cars and Trucks (TACT) campaign, a four-week enforcement effort to reduce aggressive driving along a portion of Interstate 81 in Dauphin and Cumberland counties.Nearly 1,500 citations and 730 written warnings were issued as part of TACT, which also included a public awareness and education component, according to State Police Commissioner Frank E. Pawlowski."The purpose of the TACT campaign was to educate car and truck drivers about the dangers of driving aggressively," Pawlowski said. "The citations and warnings make it clear to all drivers that state police are serious about traffic safety."The enforcement portion of the campaign was conducted along a 33-mile stretch of I-81, from the Newville exit to the I-83 split, during October and November, Pawlowski said.During TACT, state police used marked and unmarked patrol vehicles and fixed-wing aircraft as part of the enforcement effort. In addition, state police motor carrier enforcement teams conducted 99 commercial vehicle inspections to look for faulty equipment, overweight vehicles and fatigued drivers. The teams placed 16 drivers and nine vehicles out of service because of violations.TACT was sponsored by the Commercial Vehicle Safety Alliance, an organization whose membership includes law enforcement officials, truck and bus companies, industry associations and insurance companies in the United States, Canada and Mexico.
Conway Truckload Employees Raise Nearly $62,000 in Holiday Giving Campaign
Con-way Truckload employees raised $61,780 in the company's annual Truckloads of Treasures campaign to support deserving area children and senior citizens during the holidays. Employees purchased gifts including toys, blankets, clothing and food for 200 children and 100 senior citizens in the Joplin area.Nearly 200 employees, along with their friends and families, met at Joplin's Target store Dec. 4 for a Truckloads of Treasures shopping event to buy gifts for this year's recipients. Of the remaining funds, $7,000 will be donated to The Salvation Army for food baskets. Each of the following charitable agencies will receive a donation of $4,540: Agency on Aging, Camp Quality, Joplin Family Y, Boys and Girls Club, Ronald McDonald House, Children's Miracle Network and The Bridge."We thank Con-way Truckload employees for their great generosity and hard work with this program," said Captain Mary Poff, pastor for the Joplin Salvation Army. "The food baskets they are providing our local community will help feed the hungry and provide healthy holiday meals at a time when people are finding it harder and harder to feed their families."Truckloads of Treasures funds are raised through an employee raffle of prizes donated by executive management. This year's items included a day off with pay plus $250 in cash; $400 cash; one week off with pay; two weeks off with pay; and $200 gift cards to local and national businesses. Truckloads of Treasures team members sell tickets at different dollar amounts depending on the raffle prize. For every $20 in tickets purchased, employees received one ticket for a drawing to win a $400 gas gift card.
Oregon Chain Reminder
The Oregon Department of Transportation reminds drivers to be prepared for snowy and icy conditions as they travel through Oregon this week.Severe driving conditions are affecting state highways throughout Oregon. ODOT reminds drivers to use chains or traction devices when necessary and to drive slowly and carefully. State officials report several crashes have occurred because drivers have not been using chains and were driving too fast for conditions.Chains are required in Oregon whenever winter conditions exist and "Snow Zone" signs are posted. ODOT's travel information Web site, www.TripCheck.com, has up-to-date information on road conditions, chain requirements and diagrams on where to place chains on various vehicle combinations.
Sunday, December 14, 2008
Merry Christmas Truckers from Volvo
Volvo Trucks salutes drivers with a holiday dinner on Dec. 24
Plenty of drivers end up on the road over the holidays, rather than being with their families.
Volvo Trucks North America is teaming up with Michelin and Flying J to salute these drivers, showing appreciation by providing truckers a free holiday dinner on Christmas Eve.
All a driver needs to do is to stop at any of 163 participating Flying J travel plazas in the U.S. and Canada between 5 p.m. and 7 p.m. on Dec. 24. They will receive a free turkey buffet dinner and beverage simply by showing their commercial driver’s license.
“Truck drivers deserve our thanks,” said Scott Kress, Volvo Trucks senior vice president of sales and marketing. “They really are unsung heroes, and they are also our customers. So in this holiday season, with economic hardship affecting so many, Volvo Trucks wants to recognize truckers working on Christmas Eve. With our partners, Michelin and Flying J, we are giving away a hot turkey dinner to any driver on the job at a time when most of us are lucky enough to be with our families.”
A list of participating locations can be found at www.volvotruckscommunity.com.
Volvo Trucks North America is a member of the Volvo Group and is a sponsor of OOIDA’s Safe Driving Program.
Plenty of drivers end up on the road over the holidays, rather than being with their families.
Volvo Trucks North America is teaming up with Michelin and Flying J to salute these drivers, showing appreciation by providing truckers a free holiday dinner on Christmas Eve.
All a driver needs to do is to stop at any of 163 participating Flying J travel plazas in the U.S. and Canada between 5 p.m. and 7 p.m. on Dec. 24. They will receive a free turkey buffet dinner and beverage simply by showing their commercial driver’s license.
“Truck drivers deserve our thanks,” said Scott Kress, Volvo Trucks senior vice president of sales and marketing. “They really are unsung heroes, and they are also our customers. So in this holiday season, with economic hardship affecting so many, Volvo Trucks wants to recognize truckers working on Christmas Eve. With our partners, Michelin and Flying J, we are giving away a hot turkey dinner to any driver on the job at a time when most of us are lucky enough to be with our families.”
A list of participating locations can be found at www.volvotruckscommunity.com.
Volvo Trucks North America is a member of the Volvo Group and is a sponsor of OOIDA’s Safe Driving Program.
Trucker Featured On NBC's Today Show Dies in Crash
A woman featured on NBC’s “Today Show” – in a segment about the nation’s most dangerous jobs – was killed Wednesday, Dec. 10, when her tractor-trailer crashed on Interstate 275 in Knoxville, TN.
Police say they don’t know why Georgia trucker Daren Baird’s truck ran off the highway and smashed through a concrete barrier before going down an embankment. But the Knoxville News Sentinel quotes other drivers as saying the weather was bad in the area, and some drivers were weaving in and out of traffic or passing on the shoulder. Baird was driving a mail truck for McCormick Trucking. At the time of crash, she was pulling an empty trailer.
The 61-year-old Baird gave “Today Show” host Meredith Vieira a ride in her truck this past May. In her interview, Baird told Vieira she drove safely, but could be killed in a wreck.
Vieira paid a tribute to Baird Thursday morning on the show.
“She was a great trucker and a great lady,” Vieira said. “And she said the one thing that sort of got her angry as a truck driver was when there were truck accidents. People said, ‘Well, a truck jackknifed,’ but you never knew the name of the truck driver.
“Well, this one had a name. They all do.”
Baird was a member of Women in Trucking.
She wrote a popular column for the trucking online publication layover.com.
Police say they don’t know why Georgia trucker Daren Baird’s truck ran off the highway and smashed through a concrete barrier before going down an embankment. But the Knoxville News Sentinel quotes other drivers as saying the weather was bad in the area, and some drivers were weaving in and out of traffic or passing on the shoulder. Baird was driving a mail truck for McCormick Trucking. At the time of crash, she was pulling an empty trailer.
The 61-year-old Baird gave “Today Show” host Meredith Vieira a ride in her truck this past May. In her interview, Baird told Vieira she drove safely, but could be killed in a wreck.
Vieira paid a tribute to Baird Thursday morning on the show.
“She was a great trucker and a great lady,” Vieira said. “And she said the one thing that sort of got her angry as a truck driver was when there were truck accidents. People said, ‘Well, a truck jackknifed,’ but you never knew the name of the truck driver.
“Well, this one had a name. They all do.”
Baird was a member of Women in Trucking.
She wrote a popular column for the trucking online publication layover.com.
HOS: The Rules Remain the Same
Nov 19, 2008 2:54 PM, By Justin Carretta, online news editor
The Federal Motor Carrier Safety Administration (FMCSA) has published a final rule in the Federal Register on hours-of-service regulations that will maintain the 11th hour of driving and 34-hour restart provisions already in place. The final rule will be effective January 19, 2009.
The final rule will go into effect the day before the Obama administration comes into office. It is unknown whether the new President will want to keep hours of service as they are or re-address the regulations early on in his term.
FMCSA said that it has adequately addressed the concerns about the regulations raised since the interim final rule was published on December 17, 2007 and subsequently struck down by the United States Court of Appeals for the District of Columbia Circuit. The agency stated that further research has indicated that they do not need to make any changes to the interim rule.
"This rule was designed to continue the downward trend in truck fatalities and maintain motor carrier operational efficiencies," said FMCSA Administrator John Hill. "Our science is meticulous and our analysis exhaustive so that we can deliver definitive results: more alert and efficient drivers, safer roads, and even fewer fatalities."
According to Hill, the number of large truck fatalities declined for the third straight year in 2007 with 4,808 fatalities, down 9% from 2005. He added that there was only one fatigue-related fatality that occurred during a truck driver’s eleventh hour of driving between 2004 and 2006.
Hill also spoke of the financial implications of the hours-of-service regulations, noting that FCMSA’s data projects that eliminating the eleventh driving hour would result in a $2.4 billion business loss with only $214 million in safety benefits.
According to FMCSA, drivers and carriers are using the eleventh driving hour more often than they did in 2005, but 69% of drivers still drove less than 10 hours during a typical daily shift. FMCSA also quoted an American Trucking Assns. (ATA) study last year that found just 46% of drivers reported using the eleventh driving hour on only 13% of their daily trips.
FMCSA noted that most of the more than 90 carriers and carrier associations that responded during the public comment period reported reductions in crashes and in injuries, quoting Schneider National as noting they found “significant improvements in safety under the current HOS regulations. Safety is a multi-variant challenge, and while we cannot attribute all of the improvement to the HOS rules, it is reasonable to conclude that the current HOS regulations have not had a negative impact on safety (as some have suggested).”
“The American Trucking Assns. welcomes the Federal Motor Carrier Safety Administration’s reaffirmation of the Hours of Service rules that have been in place since January 2004,” ATA said. “The HOS rules are safety rules and the trucking industry’s safety performance facts are ones that the public, the media and the Congress will never hear from some so-called safety advocacy groups. Some of these special interest groups continue to mislead the public, the media and Congress by mischaracterizing court rulings and much of the scientific research, and denying that safety in the industry has improved.”
However, there is still strong opposition to the hours-of-service regulation from safety advocate groups and some driver associations. “FMCSA’s rule, which ignores mountains of safety research, authorizes the exact same 11 hours of driving and 34-hour restart provisions of rules past – rules that the court deemed were inadequate,” said Joan Claybrook, president of Public Citizen. “This rule will continue to force truck drivers to continue enduring sweatshop-like working conditions. This puts the health and safety of drivers at risk, along with the public who must share the road with tired truckers.
“The Obama administration and the next Congress should add the hours-of-service rule to its list of wrong-headed Bush administration policies that should be rescinded,” Claybrook added. “The courts, the truckers’ unions and consumer and safety advocates have pushed for a sensible rule to no avail. For real change, it’s time to put the safety of truckers and the motoring public first.”
The Federal Motor Carrier Safety Administration (FMCSA) has published a final rule in the Federal Register on hours-of-service regulations that will maintain the 11th hour of driving and 34-hour restart provisions already in place. The final rule will be effective January 19, 2009.
The final rule will go into effect the day before the Obama administration comes into office. It is unknown whether the new President will want to keep hours of service as they are or re-address the regulations early on in his term.
FMCSA said that it has adequately addressed the concerns about the regulations raised since the interim final rule was published on December 17, 2007 and subsequently struck down by the United States Court of Appeals for the District of Columbia Circuit. The agency stated that further research has indicated that they do not need to make any changes to the interim rule.
"This rule was designed to continue the downward trend in truck fatalities and maintain motor carrier operational efficiencies," said FMCSA Administrator John Hill. "Our science is meticulous and our analysis exhaustive so that we can deliver definitive results: more alert and efficient drivers, safer roads, and even fewer fatalities."
According to Hill, the number of large truck fatalities declined for the third straight year in 2007 with 4,808 fatalities, down 9% from 2005. He added that there was only one fatigue-related fatality that occurred during a truck driver’s eleventh hour of driving between 2004 and 2006.
Hill also spoke of the financial implications of the hours-of-service regulations, noting that FCMSA’s data projects that eliminating the eleventh driving hour would result in a $2.4 billion business loss with only $214 million in safety benefits.
According to FMCSA, drivers and carriers are using the eleventh driving hour more often than they did in 2005, but 69% of drivers still drove less than 10 hours during a typical daily shift. FMCSA also quoted an American Trucking Assns. (ATA) study last year that found just 46% of drivers reported using the eleventh driving hour on only 13% of their daily trips.
FMCSA noted that most of the more than 90 carriers and carrier associations that responded during the public comment period reported reductions in crashes and in injuries, quoting Schneider National as noting they found “significant improvements in safety under the current HOS regulations. Safety is a multi-variant challenge, and while we cannot attribute all of the improvement to the HOS rules, it is reasonable to conclude that the current HOS regulations have not had a negative impact on safety (as some have suggested).”
“The American Trucking Assns. welcomes the Federal Motor Carrier Safety Administration’s reaffirmation of the Hours of Service rules that have been in place since January 2004,” ATA said. “The HOS rules are safety rules and the trucking industry’s safety performance facts are ones that the public, the media and the Congress will never hear from some so-called safety advocacy groups. Some of these special interest groups continue to mislead the public, the media and Congress by mischaracterizing court rulings and much of the scientific research, and denying that safety in the industry has improved.”
However, there is still strong opposition to the hours-of-service regulation from safety advocate groups and some driver associations. “FMCSA’s rule, which ignores mountains of safety research, authorizes the exact same 11 hours of driving and 34-hour restart provisions of rules past – rules that the court deemed were inadequate,” said Joan Claybrook, president of Public Citizen. “This rule will continue to force truck drivers to continue enduring sweatshop-like working conditions. This puts the health and safety of drivers at risk, along with the public who must share the road with tired truckers.
“The Obama administration and the next Congress should add the hours-of-service rule to its list of wrong-headed Bush administration policies that should be rescinded,” Claybrook added. “The courts, the truckers’ unions and consumer and safety advocates have pushed for a sensible rule to no avail. For real change, it’s time to put the safety of truckers and the motoring public first.”
Truck Weight Increase Gaining Ground
Dec 11, 2008 11:47 AM, By Sean Kilcarr, senior editor
Video: Truck Weight Reform Part 1
Video: Truck Weight Reform Part 2
Congress seems to be warming up to proposals for increasing truck weight limits nationwide, though by how much remains to be seen. Rep. Michael Michaud (D-ME), for one, believes the broad, multi-industry effort seeking to raise commercial truck weight limits from 80,000 lbs to 97,000 lbs is not falling on deaf ears.
“The truck weight issue is getting a hearing because Congress is very much aware that it’s not only a jobs issue, it also saves fuel, reduces the impact on infrastructure, and most importantly saves lives,” he said at a news conference in Washington D.C. yesterday hosted by the Agricultural Transportation Efficiency Coalition (AGTEC).
“In my state, the main roads from Canada allow higher weights, so trucks coming from there cannot use the highways and must be diverted to secondary roads,” Michaud added. “That’s a safety issue. It’s also an economic competiveness issue when the countries we trade with can load their trucks to 100,000 lbs, while we are limited to 80,000 lbs. That’s why I’m encouraged by the willingness of Congress to be open about this issue.”
Mike Branch, AGTEC’s chairman, said his group –made up of 61 associations and businesses – is working with other organizations to obtain this reform through the 2009 Highway Reauthorization Bill. “The consolidation of cargo will greatly conserve our fossil fuels, as well as not only reducing the number of trucks on the road, but it will allow truckers to use shorter, more practical routes,” he said. “Because it will conserve fuel, it will also reduce total emissions, including carbon … so this reform will improve the environment for all of us.”
Branch also stressed that AGTEC would not be advocating this reform if it would not enhance safety. “An increase in load limits on federal highways will draw heavy traffic away from state and county roads and away from intersections in population centers where the chance of a collision with a car or pedestrian is much greater,” he said.
“Also, consolidating loads means fewer total trucks on all of the roads and highways,” Branch said. “Adding fully equipped axles to trucks and corresponding to the extra weight will hold down braking distances and keep the ground pressure on federal highways the same.”
John Runyan, senior manager of federal government relations for International Paper and co-chair of the Coalitions for Transportation Productivity, added that higher truck weights and improved highway safety are not mutually exclusive goals.
“When Great Britain implemented a similar proposal in 2001, their tons of goods shipped moved steadily up while their truck-related accident rate moved steadily down,” he said. Both truck-involved fatal accidents and accident rates declined substantially in 2002 after weight limits increased from 41 tons (90,000 lbs) to 44 tons (97,000 lbs), according to Runyan “This is exactly the outcome we seek in the U.S.”The payoff for truckers and shippers, of course, is higher productivity with lower costs, noted Richard Lewis, president of the Forest Resources Association. He said one of its major pulp and paper manufacturers researched and calculated the benefits of increasing truck GVW from 80,000 to 97,000 lbs for inbound trucking only to 18 of its U.S. mills.
Extrapolating from that study, Lewis said inbound pulpwood transport costs alone, a tiny fraction of the overall trucking market, would drop significantly from this weight limit increase:
Total decline in diesel use: 13.9 million gallons per year
Reduction in total U.S. truckloads: 1.3 million per year
Reduction in total annual miles driven: 69.5 million
Reduction in carbon dioxide (CO2) emissions: 242.3 million lbs per year
Potential savings to U.S. pulpwood supply chain per year: $168.5 million
“This is a solution that improves productivity without massive infrastructure investments, and trucking is willing to pay for it,” noted Jake Jacoby, executive director at Americans for Safe and Efficient Transportation (ASET). “We’re reducing fuel consumption, reducing emissions, and reducing the impact on infrastructure by adding a sixth braking axle to the vehicle, without putting safety at risk. Paying higher fees to gain higher weight limits also makes this a net income benefit to the federal government. It’s a win-win for everyone.”
Thursday, October 23, 2008
Semi Driver in Chi-Hi Band Bus Crash Faces New Charges
The man driving the semi in the Chippewa Falls High School marching band bus crash is facing 12 new federal charges for falsifying his driver's log.
25-year-old Michael Kozlowski of Indiana faces the charges after federal investigators say he failed to record all of his daily activities. Kozlowski faces 60 years in prison if convicted of all counts.
Federal prosecutors say Kozlowski illegally falsified his sleeper berth time 12 times to show that he slept for 10 hours.
Press Release from the U.S. Attorney's Office:
Michael J. Kozlowski, 25, of Schereville, Indiana, a commercial motor vehicle driver, is charged with falsifying his driver’s log. Federal regulations required that CMV drivers, in order to comply with limitations regarding the hours a commercial driver can operate his vehicle, must record all daily activities, including the driving time of each driver. The indictment alleges that Kozlowski falsely entered 10 hours of sleeper berth time on 12 separate occasions in August, September and October 2005.
If convicted, Kozlowski faces a maximum penalty of five years in federal prison on each count charged. The charges against him are the result of an investigation conducted by the U.S. Department of Transportation, Office of Inspector General. The prosecution of Kozlowski has been assigned to Assistant U.S. Attorney Paul W. Connell.
From WEAU's previous coverage of Kozlowski:
The Wisconsin State Patrol responded to the crash shortly after 2 a.m. on Sunday October 16, 2005. Troopers say Kozlowski’s semi swerved, tried to correct itself, and then jackknifed ahead of the oncoming bus.
Investigators said bus driver did not have any time to react to the semi. A 7-mile stretch of I-94 was closed down for more than 10 hours in both directions while emergency workers cleared and investigated the scene.
The bus involved in the crash was the first of the four traveling westbound on Interstate 94, about 5 miles west of the Osseo exit, when it hit a jack-knifed semi truck just after 2 a.m. 5 people were killed. 4 of them died instantly during the crash and 1 other died while in medical care.
29 others were injured during the crash. 4 Chi-Hi students and 3 chaperones were critically injured but later upgraded to stable condition.
78-year-old Paul Rasmus of Chippewa Falls was the driver of the bus. He was killed along with 48-year-old Doug Greenhalgh, who was the high school's band director. His wife, 51-year-old Therese Greenhalgh, their granddaughter, 11-year-old Morgan Greenhalgh, and 24-year-old Brandon Atherton who was a senior at UW-Eau Claire. The music education major and Waukesha native had been doing his student teaching in Chippewa Falls.
A jury found Michael Kozlowski not guilty in April 2007 of all 33 charges against him in connection with the fatal crash.
When the dozens of victims and their families and friends filed quickly out of the courtroom, they were just as quiet. Not one wanted to comment.
One person who did want to talk was Defense Attorney Earl Gray. He says the fast decision is telling.
"It's a very quick verdict, especially that I have seen in a complex case like this,” Gray said shortly after the verdicts were read. "It's like I said from the beginning, Mr. Kozlowski was clearly innocent from the get-go."
District Attorney Rich White says he hopes the trial, even without a guilty verdict, brings some closure to people in Chippewa Falls.
"What I told them was they shouldn't consider feeling what they feel about what happened that night to be changed by what happened here," White said.
Monday, It took just about the same amount of time for jury instructions and closing arguments as it did for the jury to make its decision.
25-year-old Michael Kozlowski of Indiana faces the charges after federal investigators say he failed to record all of his daily activities. Kozlowski faces 60 years in prison if convicted of all counts.
Federal prosecutors say Kozlowski illegally falsified his sleeper berth time 12 times to show that he slept for 10 hours.
Press Release from the U.S. Attorney's Office:
Michael J. Kozlowski, 25, of Schereville, Indiana, a commercial motor vehicle driver, is charged with falsifying his driver’s log. Federal regulations required that CMV drivers, in order to comply with limitations regarding the hours a commercial driver can operate his vehicle, must record all daily activities, including the driving time of each driver. The indictment alleges that Kozlowski falsely entered 10 hours of sleeper berth time on 12 separate occasions in August, September and October 2005.
If convicted, Kozlowski faces a maximum penalty of five years in federal prison on each count charged. The charges against him are the result of an investigation conducted by the U.S. Department of Transportation, Office of Inspector General. The prosecution of Kozlowski has been assigned to Assistant U.S. Attorney Paul W. Connell.
From WEAU's previous coverage of Kozlowski:
The Wisconsin State Patrol responded to the crash shortly after 2 a.m. on Sunday October 16, 2005. Troopers say Kozlowski’s semi swerved, tried to correct itself, and then jackknifed ahead of the oncoming bus.
Investigators said bus driver did not have any time to react to the semi. A 7-mile stretch of I-94 was closed down for more than 10 hours in both directions while emergency workers cleared and investigated the scene.
The bus involved in the crash was the first of the four traveling westbound on Interstate 94, about 5 miles west of the Osseo exit, when it hit a jack-knifed semi truck just after 2 a.m. 5 people were killed. 4 of them died instantly during the crash and 1 other died while in medical care.
29 others were injured during the crash. 4 Chi-Hi students and 3 chaperones were critically injured but later upgraded to stable condition.
78-year-old Paul Rasmus of Chippewa Falls was the driver of the bus. He was killed along with 48-year-old Doug Greenhalgh, who was the high school's band director. His wife, 51-year-old Therese Greenhalgh, their granddaughter, 11-year-old Morgan Greenhalgh, and 24-year-old Brandon Atherton who was a senior at UW-Eau Claire. The music education major and Waukesha native had been doing his student teaching in Chippewa Falls.
A jury found Michael Kozlowski not guilty in April 2007 of all 33 charges against him in connection with the fatal crash.
When the dozens of victims and their families and friends filed quickly out of the courtroom, they were just as quiet. Not one wanted to comment.
One person who did want to talk was Defense Attorney Earl Gray. He says the fast decision is telling.
"It's a very quick verdict, especially that I have seen in a complex case like this,” Gray said shortly after the verdicts were read. "It's like I said from the beginning, Mr. Kozlowski was clearly innocent from the get-go."
District Attorney Rich White says he hopes the trial, even without a guilty verdict, brings some closure to people in Chippewa Falls.
"What I told them was they shouldn't consider feeling what they feel about what happened that night to be changed by what happened here," White said.
Monday, It took just about the same amount of time for jury instructions and closing arguments as it did for the jury to make its decision.
Friday, September 12, 2008
Who is responsible for placarding?
The question of who is responsible for supplying and applying placards – the shipper or the driver – is one that always comes up in the hazmat world. Let’s look at the requirements.
The HMR
The Hazardous Materials Regulations (HMR) have specific requirements for placarding. 49 CFR 172 Subpart F - Placarding has sections focusing on topics such as:
General specifications for placards;
General placarding requirements;
Prohibited and permissive placarding;
Identification number display on placards;
Placarding for subsidiary hazards; and
Visibility and display of placards.
There is also a section that details requirements for providing and affixing the placards prior to transporting a material requiring placarding. According to 49 CFR 172.506 Providing and affixing placards: Highway:
Each person shipping/offering a driver/carrier a hazardous material for transportation by highway shall provide to the driver/carrier the required placards for the material being offered prior to, or at the same time, the material is offered for transportation unless the driver/carrier's motor vehicle is already placarded for the material as required.
No driver/carrier may transport a hazardous material in a motor vehicle unless the placards required for the hazardous material are affixed as required.
So, who is responsible?
Reading that section, it appears that the shipper/offeror is responsible for supplying the placards and the driver/carrier is responsible for putting them on. Piece of cake, right? Not in the real world.
Sometimes shippers don’t provide placards. Sometimes shippers want them on the motor vehicle right away. And, sometimes drivers don’t have placards for the material they are transporting. It can be a real sore spot in a shipper/carrier relationship. What does DOT say about it?
Clarification/interpretation
The following is an edited excerpt from a letter of interpretation regarding 49 CFR 172.506, asking if a shipper/offeror is required to verify that a carrier’s vehicle is properly placarded prior to leaving the facility:
The HMR does not specify when placards must be applied or removed from a motor vehicle. However, 49 CFR 172.506 specifically states that no driver/motor carrier may transport a hazardous material in a motor vehicle unless the placards required are affixed.Therefore, if a shipper/offeror provides the required placards it becomes the driver’s/motor carrier’s responsibility to affix the placards. If other hazmat is already on the vehicle, then it is the driver’s/motor carrier’s responsibility to affix the proper placards required.
When do the placards have to be offered and/or applied? According to another interpretation:
At any time prior to the vehicle entering onto a road accessible by the public, the shipper/offeror has the opportunity to offer the required placards and the driver/carrier has the opportunity to apply them. The HMR does not require that a trailer being loaded at a facility be placarded as soon as the threshold for placarding is reached.
However, unloading a vehicle is a bit different:
Under OSHA requirements, a trailer that is received containing a quantity of hazmat requiring placards must continue to display the placards as long as there is a placarded quantity in it.
The question of who is responsible for supplying and applying placards – the shipper or the driver – is one that always comes up in the hazmat world. Let’s look at the requirements.
The HMR
The Hazardous Materials Regulations (HMR) have specific requirements for placarding. 49 CFR 172 Subpart F - Placarding has sections focusing on topics such as:
General specifications for placards;
General placarding requirements;
Prohibited and permissive placarding;
Identification number display on placards;
Placarding for subsidiary hazards; and
Visibility and display of placards.
There is also a section that details requirements for providing and affixing the placards prior to transporting a material requiring placarding. According to 49 CFR 172.506 Providing and affixing placards: Highway:
Each person shipping/offering a driver/carrier a hazardous material for transportation by highway shall provide to the driver/carrier the required placards for the material being offered prior to, or at the same time, the material is offered for transportation unless the driver/carrier's motor vehicle is already placarded for the material as required.
No driver/carrier may transport a hazardous material in a motor vehicle unless the placards required for the hazardous material are affixed as required.
So, who is responsible?
Reading that section, it appears that the shipper/offeror is responsible for supplying the placards and the driver/carrier is responsible for putting them on. Piece of cake, right? Not in the real world.
Sometimes shippers don’t provide placards. Sometimes shippers want them on the motor vehicle right away. And, sometimes drivers don’t have placards for the material they are transporting. It can be a real sore spot in a shipper/carrier relationship. What does DOT say about it?
Clarification/interpretation
The following is an edited excerpt from a letter of interpretation regarding 49 CFR 172.506, asking if a shipper/offeror is required to verify that a carrier’s vehicle is properly placarded prior to leaving the facility:
The HMR does not specify when placards must be applied or removed from a motor vehicle. However, 49 CFR 172.506 specifically states that no driver/motor carrier may transport a hazardous material in a motor vehicle unless the placards required are affixed.Therefore, if a shipper/offeror provides the required placards it becomes the driver’s/motor carrier’s responsibility to affix the placards. If other hazmat is already on the vehicle, then it is the driver’s/motor carrier’s responsibility to affix the proper placards required.
When do the placards have to be offered and/or applied? According to another interpretation:
At any time prior to the vehicle entering onto a road accessible by the public, the shipper/offeror has the opportunity to offer the required placards and the driver/carrier has the opportunity to apply them. The HMR does not require that a trailer being loaded at a facility be placarded as soon as the threshold for placarding is reached.
However, unloading a vehicle is a bit different:
Under OSHA requirements, a trailer that is received containing a quantity of hazmat requiring placards must continue to display the placards as long as there is a placarded quantity in it.
Company president, managers to pay $1.3 million for employing illegal aliens
A Texas baking materials company, specifically the company's president and three former and current managers, was recently charged for employing illegal aliens. The charges against the company arose from a criminal investigation initiated by the Immigration and Customs Enforcement (ICE) in January 2008 after learning about allegations in a federal employment discrimination lawsuit, then pending in the Houston Division of the Southern District of Texas.
Part of ICE's investigation into the company included interviews with civil plaintiffs, many of whom were illegal aliens, and thorough review and analysis of civil suit pleadings, I-9 Employer Review and Verification Forms, and Social Security Administration (SSA) No-Match letters. I-9 forms require an employer to establish an employee's identity and verify their employment eligibility at the time they are hired.
The criminal information alleges that in April 2008, more than 40 percent of the company's workforce were illegal aliens, the majority of I-9s were deficient or completed years after an illegal alien began working for the company, and that the company failed to take corrective measure to ensure the company hired workers authorized to work in the United States after receiving SSA No-Match letters.
Per the terms of the plea agreement, if accepted by the court, the company has agreed to pay the United States $1.3 million in lieu of having their interest in the property forfeited.
A Texas baking materials company, specifically the company's president and three former and current managers, was recently charged for employing illegal aliens. The charges against the company arose from a criminal investigation initiated by the Immigration and Customs Enforcement (ICE) in January 2008 after learning about allegations in a federal employment discrimination lawsuit, then pending in the Houston Division of the Southern District of Texas.
Part of ICE's investigation into the company included interviews with civil plaintiffs, many of whom were illegal aliens, and thorough review and analysis of civil suit pleadings, I-9 Employer Review and Verification Forms, and Social Security Administration (SSA) No-Match letters. I-9 forms require an employer to establish an employee's identity and verify their employment eligibility at the time they are hired.
The criminal information alleges that in April 2008, more than 40 percent of the company's workforce were illegal aliens, the majority of I-9s were deficient or completed years after an illegal alien began working for the company, and that the company failed to take corrective measure to ensure the company hired workers authorized to work in the United States after receiving SSA No-Match letters.
Per the terms of the plea agreement, if accepted by the court, the company has agreed to pay the United States $1.3 million in lieu of having their interest in the property forfeited.
DOL sets Drug-Free Work Week 2008 for October
The U.S. Department of Labor (DOL) announced that this year's national Drug-Free Work Week will take place October 20 through 26. The purpose of Drug-Free Work Week is to educate employers, employees, and the general public about the importance of being drug-free as an essential component of a safe and healthful workplace. According to studies conducted by researchers at the University at Buffalo's Research Institute on Addictions, an estimated 14.1 percent (17.7 million) of working adults in the United States used illicit drugs in the previous year, with an estimated 3.1 percent (3.9 million) actually doing so before reporting to work or during working hours.
Throughout Drug-Free Work Week, the department, alliance members and others will conduct activities to help employers, supervisors, and workers understand how to implement effective drug-free workplace programs that focus on detection and deterrence, while also offering assistance and support for workers who may have substance abuse problems. Employers and employees in all industries can learn more about how to participate in Drug-Free Work Week by visiting the department's Drug-Free Work Week website at: www.dol.gov/drugfreeworkweek
The U.S. Department of Labor (DOL) announced that this year's national Drug-Free Work Week will take place October 20 through 26. The purpose of Drug-Free Work Week is to educate employers, employees, and the general public about the importance of being drug-free as an essential component of a safe and healthful workplace. According to studies conducted by researchers at the University at Buffalo's Research Institute on Addictions, an estimated 14.1 percent (17.7 million) of working adults in the United States used illicit drugs in the previous year, with an estimated 3.1 percent (3.9 million) actually doing so before reporting to work or during working hours.
Throughout Drug-Free Work Week, the department, alliance members and others will conduct activities to help employers, supervisors, and workers understand how to implement effective drug-free workplace programs that focus on detection and deterrence, while also offering assistance and support for workers who may have substance abuse problems. Employers and employees in all industries can learn more about how to participate in Drug-Free Work Week by visiting the department's Drug-Free Work Week website at: www.dol.gov/drugfreeworkweek
Is federal CDL tracking ahead?By Justin Carretta, online news editorSep 11, 2008 12:40 PM
A new study by the Federal Motor Carrier Safety Administration (FMCSA) suggests that a nationwide Commercial Drivers License (CDL) system is both economically feasible and necessary as drivers can currently easily hide changes in CDL status or suspensions. However, FMCSA said it has yet to conclude whether the system should be federally run or operated through third parties and added that it would be several years before it could be fully implemented.
“Truck and bus drivers with past convictions are statistically more likely to be involved in future crashes, and employers are not always notified about these convictions,” said Chris Flanigan, office of analysis, research and technology for FMCSA. “We found that at a minimum 50% do not notify employers of convictions, and the number could possibly be as high as 80%.”
According to Flanigan, carriers can easily miss violations even if they’re following every rule in the book. While drivers must report CDL changes within 30 days and convictions within a day, they do not always do so. Carriers are only required to check CDL status annually, so hypothetically a driver can get away with a conviction for up to 364 days.
There is no nationwide employee notification program, and only 11 states—New York, Maryland, Virginia, North Carolina, Michigan, Wisconsin, Illinois, Nebraska, Arkansas, Oregon and California—have state ENS (Employer Notification System) programs in place. Another option for fleets is third-party systems, which are not available in all states.
The FMCSA study involved two phases—a cost benefit and feasibility analysis, which was completed in September 2004; and state pilot tests, which were conducted in Colorado and Minnesota between December 2006 and June 2008.
In the pilot program, participating carriers received a secure email that informed them a driver enrolled in the program has a change in CDL status and provides them with a link to a secure site. When the carrier views the link, the records disappear. The carrier can say no to the request, but will get notices every two days for a week, with the records deleted after that point.
A total of 1099 drivers enrolled in the pilot program, resulting in 229 notifications—425 drivers with 155 notifications in Colorado and 674 drivers with 74 notifications in Minnesota.
FMCSA said it will do a full evaluation of the results, interviewing participating carriers about their experience with the program, as well as asking what staff hours are required to track CDLs with or without the system and what their response was to the notifications. A final report is due in early spring of 2009.
FMCSA concluded that a successful national system should include integration with state systems; a secure, web-based platform, and have minimum impact on existing systems. However, it has not yet made a decision on whether the program should be federally administered or left to third parties.
A federally administered program would be similar to the pilot system, connecting to a centrally located hub. However, FMCSA said only ten states are currently compatible with the system and federal money and additional modifications would be required to connect the remainder.
“This is probably a very liberal guess, but the phase-in-process would take at least five years to get all the states involved,” Flanigan noted.
The benefit of using third parties would be that the entities already exist, and it would take less time to fully implement than a federal program. However, a number of states do not offer access to its CDL information to third parties, and a third party system would provide no revenue to states.
“Third party providers exist to provide this service to carriers and other fleets,” Flanigan said. “However, these services are not nationwide—they just cover specific regions and states.”
A new study by the Federal Motor Carrier Safety Administration (FMCSA) suggests that a nationwide Commercial Drivers License (CDL) system is both economically feasible and necessary as drivers can currently easily hide changes in CDL status or suspensions. However, FMCSA said it has yet to conclude whether the system should be federally run or operated through third parties and added that it would be several years before it could be fully implemented.
“Truck and bus drivers with past convictions are statistically more likely to be involved in future crashes, and employers are not always notified about these convictions,” said Chris Flanigan, office of analysis, research and technology for FMCSA. “We found that at a minimum 50% do not notify employers of convictions, and the number could possibly be as high as 80%.”
According to Flanigan, carriers can easily miss violations even if they’re following every rule in the book. While drivers must report CDL changes within 30 days and convictions within a day, they do not always do so. Carriers are only required to check CDL status annually, so hypothetically a driver can get away with a conviction for up to 364 days.
There is no nationwide employee notification program, and only 11 states—New York, Maryland, Virginia, North Carolina, Michigan, Wisconsin, Illinois, Nebraska, Arkansas, Oregon and California—have state ENS (Employer Notification System) programs in place. Another option for fleets is third-party systems, which are not available in all states.
The FMCSA study involved two phases—a cost benefit and feasibility analysis, which was completed in September 2004; and state pilot tests, which were conducted in Colorado and Minnesota between December 2006 and June 2008.
In the pilot program, participating carriers received a secure email that informed them a driver enrolled in the program has a change in CDL status and provides them with a link to a secure site. When the carrier views the link, the records disappear. The carrier can say no to the request, but will get notices every two days for a week, with the records deleted after that point.
A total of 1099 drivers enrolled in the pilot program, resulting in 229 notifications—425 drivers with 155 notifications in Colorado and 674 drivers with 74 notifications in Minnesota.
FMCSA said it will do a full evaluation of the results, interviewing participating carriers about their experience with the program, as well as asking what staff hours are required to track CDLs with or without the system and what their response was to the notifications. A final report is due in early spring of 2009.
FMCSA concluded that a successful national system should include integration with state systems; a secure, web-based platform, and have minimum impact on existing systems. However, it has not yet made a decision on whether the program should be federally administered or left to third parties.
A federally administered program would be similar to the pilot system, connecting to a centrally located hub. However, FMCSA said only ten states are currently compatible with the system and federal money and additional modifications would be required to connect the remainder.
“This is probably a very liberal guess, but the phase-in-process would take at least five years to get all the states involved,” Flanigan noted.
The benefit of using third parties would be that the entities already exist, and it would take less time to fully implement than a federal program. However, a number of states do not offer access to its CDL information to third parties, and a third party system would provide no revenue to states.
“Third party providers exist to provide this service to carriers and other fleets,” Flanigan said. “However, these services are not nationwide—they just cover specific regions and states.”
Wednesday, September 10, 2008
You want me to get this...in there???
If you thought driving an 18-wheeler is easy, WATCH THIS!! Even the most experienced of drivers would have difficulty making this move....this guy's got mad skills!!
http://www.youtube.com/watch?v=8baIT9EUHBM&feature=related
http://www.youtube.com/watch?v=8baIT9EUHBM&feature=related
BORDER POLITICS
By Brian Straight, managing editorSep 10, 2008 2:30 PM
Opponents of the controversial cross border trucking demonstration project received a big boost on Tuesday when the U.S. House of Representatives approved a bill (H.R. 6630) to kill the program, 395-18. Cross border trucking plan (H.R. 6630)
The bill, sponsored by Rep. Peter A.DeFazio (D-Ore), would stop the demonstration project that allows Mexican trucks to operate outside the 25-mi. limit at the border, and prevent the U.S. Dept. of Transportation from enacting the program without Congressional approval. Cross border trucking plan (H.R. 6630)
“The world is watching how we choose to honor our international commitments,” said Federal Motor Carrier Safety Administration administrator John H. Hill in a written statement. “At a time of surging exports and growing demand by U.S. truck drivers for new opportunities, it is simply irresponsible for Congress to deny American drivers the opportunity to compete in Mexico and American shippers a more efficient and timely way of getting their goods south.” Cross border trucking plan (H.R. 6630)
The program, originally started in 2007, was set to expire on Sept. 6 of this year before the DOT extended it for two more years, citing several factors, including the unwillingness of carriers to invest in a one-year program. Cross border trucking plan (H.R. 6630)
“We intend this extension to reassure trucking companies that they will have sufficient time to realize a return on their investment, and we anticipate additional participation with this extra time,” Hill had said at the time.
The program, born out of a 2001 NAFTA decision, has been controversial since its inception. Congress passed a bill in December 2007 saying it would not provide funds to establish a program. The administration, though, interpreted that to apply to future programs. The program has many detractors, including the Owner-Operator Independent Drivers Association, the Teamsters and many environmental groups, including the Sierra Club.
“This administration has been hell-bent on opening up our border, but has failed to show they can adequately inspect Mexican carriers while also maintaining a robust U.S. safety inspection program,” said DeFazio.
When Congress cut off the funding, the Bush administration claimed the bill was ambiguous, according to the Teamsters, who have a legal challenge pending in the 9th Circuit Court of Appeals in San Francisco. With the new Congressional actions, there is no doubt, the Teamsters said in a statement.
“This bill makes it very clear that Congress wants the border closed,” Teamsters General President Jim Hoffa said. “This time, the Bush administration can’t pretend it doesn’t understand what Congress means.”
Before Tuesday’s vote, the U.S. Chamber of Commerce sent members of Congress letters urging them to vote against the bill. “The United States promised under NAFTA to open its border to Mexican trucks—with full reciprocity for U.S. carriers—and it is vitally important that the U.S. maintain its commitment,” it said.
Under NAFTA, trade with Mexico has increased from $81 billion in 1993 to $332 billion in 2006, according to the Commerce Dept.
Opponents of the controversial cross border trucking demonstration project received a big boost on Tuesday when the U.S. House of Representatives approved a bill (H.R. 6630) to kill the program, 395-18. Cross border trucking plan (H.R. 6630)
The bill, sponsored by Rep. Peter A.DeFazio (D-Ore), would stop the demonstration project that allows Mexican trucks to operate outside the 25-mi. limit at the border, and prevent the U.S. Dept. of Transportation from enacting the program without Congressional approval. Cross border trucking plan (H.R. 6630)
“The world is watching how we choose to honor our international commitments,” said Federal Motor Carrier Safety Administration administrator John H. Hill in a written statement. “At a time of surging exports and growing demand by U.S. truck drivers for new opportunities, it is simply irresponsible for Congress to deny American drivers the opportunity to compete in Mexico and American shippers a more efficient and timely way of getting their goods south.” Cross border trucking plan (H.R. 6630)
The program, originally started in 2007, was set to expire on Sept. 6 of this year before the DOT extended it for two more years, citing several factors, including the unwillingness of carriers to invest in a one-year program. Cross border trucking plan (H.R. 6630)
“We intend this extension to reassure trucking companies that they will have sufficient time to realize a return on their investment, and we anticipate additional participation with this extra time,” Hill had said at the time.
The program, born out of a 2001 NAFTA decision, has been controversial since its inception. Congress passed a bill in December 2007 saying it would not provide funds to establish a program. The administration, though, interpreted that to apply to future programs. The program has many detractors, including the Owner-Operator Independent Drivers Association, the Teamsters and many environmental groups, including the Sierra Club.
“This administration has been hell-bent on opening up our border, but has failed to show they can adequately inspect Mexican carriers while also maintaining a robust U.S. safety inspection program,” said DeFazio.
When Congress cut off the funding, the Bush administration claimed the bill was ambiguous, according to the Teamsters, who have a legal challenge pending in the 9th Circuit Court of Appeals in San Francisco. With the new Congressional actions, there is no doubt, the Teamsters said in a statement.
“This bill makes it very clear that Congress wants the border closed,” Teamsters General President Jim Hoffa said. “This time, the Bush administration can’t pretend it doesn’t understand what Congress means.”
Before Tuesday’s vote, the U.S. Chamber of Commerce sent members of Congress letters urging them to vote against the bill. “The United States promised under NAFTA to open its border to Mexican trucks—with full reciprocity for U.S. carriers—and it is vitally important that the U.S. maintain its commitment,” it said.
Under NAFTA, trade with Mexico has increased from $81 billion in 1993 to $332 billion in 2006, according to the Commerce Dept.
Sunday, August 31, 2008
Aging Drivers: An Emerging Responsibility
America’s population is changing dramatically. The percentage of the population age 65 or older continues to grow. According to the AARP, “The percentage of persons age 65 and older who are licensed drivers has increased from 61% in 1980 to 72% in 1990 and 80% in 2003. In 2003, about 1 in 7 licensed drivers was 65 or older. By 2029, when the last of the boomers (the generation born between 1946 and 1964)1 turn 65, the proportion will be close to 1 in 4.”2
Various physiological factors start to change that can impact driving skills as individuals age but especially after age 65. Vision may begin to deteriorate including depth perception, field of vision, glare intolerance, night vision, etc. Reaction times begin to slow and motor skills and muscle strength start to decrease. Older drivers have more difficulty in judging time to collision speed of approaching vehicles. The onset of arthritis, Alzheimer’s, macular degeneration and other chronic conditions may affect the ability to safely operate a motor vehicle. It is important to note that these factors can vary widely and may occur at any age. Some drivers may be impacted significantly while other aging drivers may find little to no impact on their ability to drive.
Death rates for the general population from fatal crashes decrease with age until approximately age 55 at which point it begins to increase. Work related roadway crashes also begin to increase at this point.
As the percentage of aging drivers increases, it is increasingly important that employers, the public, and individuals understand the need to recognize and respond to help reduce the frequency and cost of vehicle crashes involving aging drivers. Everyone will be impacted either directly with their parents or indirectly in sharing the road with aging drivers.
It is critical that effective steps be developed to recognize and respond to this emerging issue. Employers need to consider that any employee who drives for company business reasons may present a significant risk to the organization as the employee increases in age. Consideration for managing this exposure must take into account avoiding any age related discrimination bias. Effective strategies can include:
* Medical Evaluation One of the recognized best practices in any driver selection program is to incorporate medical examinations at time of hire and then at periodic intervals. This process is most effective when conducted under company designated physicians. The medical professionals should have knowledge of both company operations and individual job duties and functions including physical requirements of jobs. The medical providers should be familiar with the American Medical Association’s Physician's Guide to Assessing and Counseling Older Drivers3 so any physiological or other chronic condition that may impact ability to drive can be identified early and appropriate strategies implemented. To help manage medical costs, some companies require new drivers to pay for the cost of the initial physical, but if the driver remains with the company for a pre-determined length of time, the driver is reimbursed for the cost of the examination.
* Wellness Programs Companies should have wellness programs in place that encourage and educate employees on proper diet, exercise, smoking cessation, and related issues which promote active healthy lifestyles. Program elements can also include information on recognizing when driving skills are becoming impaired, and working with parents and other family members who need to stop driving. Excellent resource material is available through a variety of organizations including the National Highway Traffic Safety Administration (NHTSA), American Academy of Family Physicians, The American Medical Association, New York State Office for the Aging (Handbook) and the Association for the Advancement of Retired Persons (AARP).
* Driving Observations New drivers should be required to complete a driving evaluation administered by trained observers. Many companies also require an in-vehicle observation to be completed on employees whose primary job involves driving on a periodic basis typically every one to two years. By conducting periodic in-vehicle observations, driving skills that need improvement can be identified and appropriate action taken regardless of the employee’s age. The observer should also make a visual check of the employee’s driver license to verify correct type of license and any restrictions noted on the license.
Companies may want to consider identifying an outside firm that specializes in conducting driver evaluations for employees who have lost time from work due to disabling illnesses or injuries. These specialists will conduct an objective evaluation of driving skills and develop a plan to help the employee return to driving or recommend alternative strategies. The Association for Driver Rehabilitation Specialists (ADED) 4 is one source to contact for further information.
* Driving Records A process should be implemented to review the driving record of all employees who drive on company business on an annual basis. The process should identify any driver whose record reflects vehicle crashes and/or moving violations above the company norm or exceeding company motor vehicle record (MVR) policy. This might identify a driver who has physical or mental conditions that may impact driving performance.
* Loss Review & Analysis Periodic analysis should include analyzing vehicle crashes by age group to determine any trends developing. Identified trends can be incorporated into special safety emphasis programs for all drivers to avoid any age discrimination issues.
* Vehicle Specification As company driver population ages, consideration may need to be given to changes in vehicle specifications to provide features that may decrease the risk of crashes and injuries to older drivers. Some features that may bear consideration would include5: multi-position adjustable seats and lumbar support (back pain and arthritis); keyless entry and ignition systems (arthritic hands); Stability Control Systems and Anti-lock Brake Systems ( counteract slower reaction times); frontal dual stage and side curtain air bags (reduce injury severity); automatic transmissions (less strain on hands, knees, and feet). Additionally newer technology including crash avoidance systems and backing cameras (field of vision issues and range of motion) may warrant consideration. Pilot evaluation programs may be warranted as older drivers may have more difficulty adjusting to changes in vehicle operation and control.
Companies should work closely with their human resource personnel and legal counsel in developing policies and procedures to address this issue. Policies should comply with Federal, State, and local laws and regulations. It is critical that policies and procedures implemented apply to all employees and be enforced consistently. Through driver safety policies and focused wellness programs, companies can demonstrate a responsible commitment to the safety of their employees and the public in light of this developing national issue.
Jim Goldsmith, CSP, CDS, CDT Technical Director - Transportation Liberty Mutual Group Duluth, GA james.goldsmith@libertymutual.com
References: 1 Oldest Baby Boomer Turns 60, Facts for Features, CB06-FFSE.01-2, US Census Bureau, January 3, 2006 2 Older Drivers and Automobile Safety Research Report, Ari N. Houser, AARP Public Policy Institute, August 2005. 3 Physician's Guide to Assessing and Counseling Older Drivers, American Medical Association, April 10, 2008 4 The Association for Driver Rehabilitation Specialists, www.driver-ed.org 5 AAA Helps Aging Drivers Match Vehicle Selections to Physical Changes, Christie Hyde and Troy Green, AAA Newsroom (AAA Website), March 21, 2008
America’s population is changing dramatically. The percentage of the population age 65 or older continues to grow. According to the AARP, “The percentage of persons age 65 and older who are licensed drivers has increased from 61% in 1980 to 72% in 1990 and 80% in 2003. In 2003, about 1 in 7 licensed drivers was 65 or older. By 2029, when the last of the boomers (the generation born between 1946 and 1964)1 turn 65, the proportion will be close to 1 in 4.”2
Various physiological factors start to change that can impact driving skills as individuals age but especially after age 65. Vision may begin to deteriorate including depth perception, field of vision, glare intolerance, night vision, etc. Reaction times begin to slow and motor skills and muscle strength start to decrease. Older drivers have more difficulty in judging time to collision speed of approaching vehicles. The onset of arthritis, Alzheimer’s, macular degeneration and other chronic conditions may affect the ability to safely operate a motor vehicle. It is important to note that these factors can vary widely and may occur at any age. Some drivers may be impacted significantly while other aging drivers may find little to no impact on their ability to drive.
Death rates for the general population from fatal crashes decrease with age until approximately age 55 at which point it begins to increase. Work related roadway crashes also begin to increase at this point.
As the percentage of aging drivers increases, it is increasingly important that employers, the public, and individuals understand the need to recognize and respond to help reduce the frequency and cost of vehicle crashes involving aging drivers. Everyone will be impacted either directly with their parents or indirectly in sharing the road with aging drivers.
It is critical that effective steps be developed to recognize and respond to this emerging issue. Employers need to consider that any employee who drives for company business reasons may present a significant risk to the organization as the employee increases in age. Consideration for managing this exposure must take into account avoiding any age related discrimination bias. Effective strategies can include:
* Medical Evaluation One of the recognized best practices in any driver selection program is to incorporate medical examinations at time of hire and then at periodic intervals. This process is most effective when conducted under company designated physicians. The medical professionals should have knowledge of both company operations and individual job duties and functions including physical requirements of jobs. The medical providers should be familiar with the American Medical Association’s Physician's Guide to Assessing and Counseling Older Drivers3 so any physiological or other chronic condition that may impact ability to drive can be identified early and appropriate strategies implemented. To help manage medical costs, some companies require new drivers to pay for the cost of the initial physical, but if the driver remains with the company for a pre-determined length of time, the driver is reimbursed for the cost of the examination.
* Wellness Programs Companies should have wellness programs in place that encourage and educate employees on proper diet, exercise, smoking cessation, and related issues which promote active healthy lifestyles. Program elements can also include information on recognizing when driving skills are becoming impaired, and working with parents and other family members who need to stop driving. Excellent resource material is available through a variety of organizations including the National Highway Traffic Safety Administration (NHTSA), American Academy of Family Physicians, The American Medical Association, New York State Office for the Aging (Handbook) and the Association for the Advancement of Retired Persons (AARP).
* Driving Observations New drivers should be required to complete a driving evaluation administered by trained observers. Many companies also require an in-vehicle observation to be completed on employees whose primary job involves driving on a periodic basis typically every one to two years. By conducting periodic in-vehicle observations, driving skills that need improvement can be identified and appropriate action taken regardless of the employee’s age. The observer should also make a visual check of the employee’s driver license to verify correct type of license and any restrictions noted on the license.
Companies may want to consider identifying an outside firm that specializes in conducting driver evaluations for employees who have lost time from work due to disabling illnesses or injuries. These specialists will conduct an objective evaluation of driving skills and develop a plan to help the employee return to driving or recommend alternative strategies. The Association for Driver Rehabilitation Specialists (ADED) 4 is one source to contact for further information.
* Driving Records A process should be implemented to review the driving record of all employees who drive on company business on an annual basis. The process should identify any driver whose record reflects vehicle crashes and/or moving violations above the company norm or exceeding company motor vehicle record (MVR) policy. This might identify a driver who has physical or mental conditions that may impact driving performance.
* Loss Review & Analysis Periodic analysis should include analyzing vehicle crashes by age group to determine any trends developing. Identified trends can be incorporated into special safety emphasis programs for all drivers to avoid any age discrimination issues.
* Vehicle Specification As company driver population ages, consideration may need to be given to changes in vehicle specifications to provide features that may decrease the risk of crashes and injuries to older drivers. Some features that may bear consideration would include5: multi-position adjustable seats and lumbar support (back pain and arthritis); keyless entry and ignition systems (arthritic hands); Stability Control Systems and Anti-lock Brake Systems ( counteract slower reaction times); frontal dual stage and side curtain air bags (reduce injury severity); automatic transmissions (less strain on hands, knees, and feet). Additionally newer technology including crash avoidance systems and backing cameras (field of vision issues and range of motion) may warrant consideration. Pilot evaluation programs may be warranted as older drivers may have more difficulty adjusting to changes in vehicle operation and control.
Companies should work closely with their human resource personnel and legal counsel in developing policies and procedures to address this issue. Policies should comply with Federal, State, and local laws and regulations. It is critical that policies and procedures implemented apply to all employees and be enforced consistently. Through driver safety policies and focused wellness programs, companies can demonstrate a responsible commitment to the safety of their employees and the public in light of this developing national issue.
Jim Goldsmith, CSP, CDS, CDT Technical Director - Transportation Liberty Mutual Group Duluth, GA james.goldsmith@libertymutual.com
References: 1 Oldest Baby Boomer Turns 60, Facts for Features, CB06-FFSE.01-2, US Census Bureau, January 3, 2006 2 Older Drivers and Automobile Safety Research Report, Ari N. Houser, AARP Public Policy Institute, August 2005. 3 Physician's Guide to Assessing and Counseling Older Drivers, American Medical Association, April 10, 2008 4 The Association for Driver Rehabilitation Specialists, www.driver-ed.org 5 AAA Helps Aging Drivers Match Vehicle Selections to Physical Changes, Christie Hyde and Troy Green, AAA Newsroom (AAA Website), March 21, 2008
Semi in the Wrong Lane
How would you like to see this!! Actually it was just a tractor being towed by another tractor...Sunday, August 17, 2008
Thursday, August 7, 2008
Important HOS Update
Checking the right box is more important than ever
In some cases, when a commercial motor vehicle driver returns to work after an extended absence, a drug test may be required. Naturally, many companies think this situation calls for a “return to duty” test because the driver is doing just that — returning to duty. But that’s not how the DOT thinks of “returning to duty,” and, under new rules that take effect in August, sending your drivers for the wrong type of test could mean the difference between a minor inconvenience and an embarrassing ordeal.New proceduresEffective August 25, 2008, the Department of Transportation’s (DOT’s) drug testing rules will require that all return-to-duty drug tests must be performed under direct observation. This used to mean that an observer simply had to watch the driver urinating into a collection container. But under those same new rules taking effect in August, drivers will have to raise their shirts, lower their pants, and turn around, all to show the collector that they do not have a prosthetic device (containing an adulterant or someone else’s urine) that could be used to cheat on the test.Obviously, you wouldn’t want to subject a driver to such an invasion of privacy if it’s not required. So when is a return-to-duty test needed? Under section 40.305, a return-to-duty test is only required when an employee wants to return to driving after having violated the drug testing rules and completing a treatment program. In other words, the DOT defines “returning to duty” as coming back to work (to a “safety-sensitive function”) after failing an alcohol or drug test or otherwise violating the rules on alcohol and drug use. Employers are not allowed to let such drivers back behind the wheel until they have completed an education and/or treatment program and have passed their return-to-duty test. Because these drivers have already violated the rules once, it makes sense that the DOT wants them to be observed closely while providing a urine sample for their return-to-duty test.AbsenceSo if not a return-to-duty test, what type of test is needed after an extended absence? If, during the absence, the driver was still employed by you and was never removed from your random testing pool, the answer is “none.” He or she would simply re-join the testing process and report for a random test the next time his or her name is drawn. This is true even if you had to select alternates for the driver for random testing during the absence.If, however, the driver was taken out of your random testing pool for more than 30 days, you would have to send the driver for a pre-employment test, even if the driver never left your employ. This bears repeating: a driver who is “returning to duty” after an extended absence (and who did not violate the testing rules) would need a “pre-employment” test even if he or she remained your employee during the absence. Of course, if the employee was laid off during an absence of more than 30 days and was removed from your random testing pool, a pre-employment test would be needed when he or she returns.Why 30 days? The pre-employment testing rules contain an exception for drivers who participated in a DOT testing program within the previous 30 days. See section 382.301(b)-(c) for details.
In some cases, when a commercial motor vehicle driver returns to work after an extended absence, a drug test may be required. Naturally, many companies think this situation calls for a “return to duty” test because the driver is doing just that — returning to duty. But that’s not how the DOT thinks of “returning to duty,” and, under new rules that take effect in August, sending your drivers for the wrong type of test could mean the difference between a minor inconvenience and an embarrassing ordeal.New proceduresEffective August 25, 2008, the Department of Transportation’s (DOT’s) drug testing rules will require that all return-to-duty drug tests must be performed under direct observation. This used to mean that an observer simply had to watch the driver urinating into a collection container. But under those same new rules taking effect in August, drivers will have to raise their shirts, lower their pants, and turn around, all to show the collector that they do not have a prosthetic device (containing an adulterant or someone else’s urine) that could be used to cheat on the test.Obviously, you wouldn’t want to subject a driver to such an invasion of privacy if it’s not required. So when is a return-to-duty test needed? Under section 40.305, a return-to-duty test is only required when an employee wants to return to driving after having violated the drug testing rules and completing a treatment program. In other words, the DOT defines “returning to duty” as coming back to work (to a “safety-sensitive function”) after failing an alcohol or drug test or otherwise violating the rules on alcohol and drug use. Employers are not allowed to let such drivers back behind the wheel until they have completed an education and/or treatment program and have passed their return-to-duty test. Because these drivers have already violated the rules once, it makes sense that the DOT wants them to be observed closely while providing a urine sample for their return-to-duty test.AbsenceSo if not a return-to-duty test, what type of test is needed after an extended absence? If, during the absence, the driver was still employed by you and was never removed from your random testing pool, the answer is “none.” He or she would simply re-join the testing process and report for a random test the next time his or her name is drawn. This is true even if you had to select alternates for the driver for random testing during the absence.If, however, the driver was taken out of your random testing pool for more than 30 days, you would have to send the driver for a pre-employment test, even if the driver never left your employ. This bears repeating: a driver who is “returning to duty” after an extended absence (and who did not violate the testing rules) would need a “pre-employment” test even if he or she remained your employee during the absence. Of course, if the employee was laid off during an absence of more than 30 days and was removed from your random testing pool, a pre-employment test would be needed when he or she returns.Why 30 days? The pre-employment testing rules contain an exception for drivers who participated in a DOT testing program within the previous 30 days. See section 382.301(b)-(c) for details.
Wednesday, July 30, 2008
Waupun salutes truckers and their families
and welcomes them to the 19th Anniversary
Waupun Truck-n-Showto be held
Friday & Saturday, August 8 & 9, 2008
Make-A-Wish / Bikers:Lead the Saturday Parade!
While you are there, stop in at the "Women in Trucking" booth and become a new member!! WIT is always looking for men, women and corporations to join!
Wednesday, July 23, 2008
Jim Palmer Trucking to file Chapter 11 bankruptcy
A Missoula, MT, trucking company with more than 400 employees planned to file for Chapter 11 bankruptcy Monday, July 14. Jim Palmer Trucking operates using both company drivers and owner-operators.
The Associated Press quoted lawyers for Jim Palmer Trucking as saying a poor economy and high fuel prices have left the company as much as $2 million behind in repaying loans and other debts. The president of the 44-year-old company says he’s just looking for a little “breathing room” and fully intends to continue operating.
Just a month ago, it was reported that the Canadian billboard company ActionView planned to buy Jim Palmer Trucking, but the deal fell through at the last minute.
A Missoula, MT, trucking company with more than 400 employees planned to file for Chapter 11 bankruptcy Monday, July 14. Jim Palmer Trucking operates using both company drivers and owner-operators.
The Associated Press quoted lawyers for Jim Palmer Trucking as saying a poor economy and high fuel prices have left the company as much as $2 million behind in repaying loans and other debts. The president of the 44-year-old company says he’s just looking for a little “breathing room” and fully intends to continue operating.
Just a month ago, it was reported that the Canadian billboard company ActionView planned to buy Jim Palmer Trucking, but the deal fell through at the last minute.
Overweight trucks fined as much as $10,000 at NYC bridges, tunnels
Truckers hauling overweight loads are risking heavy fines if they try to cross New York City’s bridges and tunnels.
Officials with the Metropolitan Transportation Authority’s Bridges and Tunnels division said truck drivers carrying more than 80,000 pounds can be fined as much as $10,000 each for crossing MTA facilities.
MTA Bridges and Tunnels facilities are the Bronx-Whitestone, Cross Bay Veterans Memorial, Henry Hudson, Marine Parkway-Gil Hodges Memorial, Throgs Neck, Triborough and Verrazano-Narrows bridges, and the Brooklyn-Battery and Queens Midtown tunnels.
The Bridges and Tunnels Division officials said they have recently issued more than 100 summonses per month to overweight trucks, some as heavy as 200,000 pounds. The truckers were fined and told to turn around.
Courtesy of LandLine Magazine
Truckers hauling overweight loads are risking heavy fines if they try to cross New York City’s bridges and tunnels.
Officials with the Metropolitan Transportation Authority’s Bridges and Tunnels division said truck drivers carrying more than 80,000 pounds can be fined as much as $10,000 each for crossing MTA facilities.
MTA Bridges and Tunnels facilities are the Bronx-Whitestone, Cross Bay Veterans Memorial, Henry Hudson, Marine Parkway-Gil Hodges Memorial, Throgs Neck, Triborough and Verrazano-Narrows bridges, and the Brooklyn-Battery and Queens Midtown tunnels.
The Bridges and Tunnels Division officials said they have recently issued more than 100 summonses per month to overweight trucks, some as heavy as 200,000 pounds. The truckers were fined and told to turn around.
Courtesy of LandLine Magazine
FMCSA silent on Arizona enforcement of TV reg on laptops
Officials with the FMCSA won’t say whether the agency has told Arizona to stop citing drivers with laptops in their cabs, more than a month after the state requested guidance from the federal agency.
The issue has the potential to affect thousands of truckers who have computers, GPS devices or other technology in their cabs to track hours of service and use mapping technology.
In May, OOIDA received calls from members who had been cited or warned at the San Simon port of entry weigh station for having a laptop either mounted near their driver’s seat or sitting in the passenger seat.
However, FMCSA spokesman Duane DeBruyne told Land Line that Section 393.88 wouldn’t cover laptop computers.
Following the inquiries by Land Line Magazine in early June, the Arizona Department of Transportation suspended writing citations for drivers with laptops in their cabs.
Officials with the state DOT requested an interpretation on Section 393.88 of the Federal Motor Carrier Safety Regulations, which bans screens capable of receiving a television broadcast from being within view of commercial drivers.
Kristin Schrader, a spokeswoman for the Federal Motor Carrier Safety Administration told Land Line this week the agency has no comment regarding the status of Arizona’s request.
Gerald Cook, an OOIDA member from Amarillo, TX, was cited in late May and told by an Arizona DOT officer the ticket could cost him $450. Cook has pleaded not guilty and is fighting the citation in court.
The story sparked outcry among OOIDA members and Land Line readers, many of whom use laptops for mapping and logbook software, including voice-activated mapping software.
The laptop issue is not likely to go away soon.
Members of the Commercial Vehicle Safety Alliance were scheduled to address the issue of laptop computers in cabs of big trucks at their September conference in Winnipeg. But the Arizona DOT’s request for a legal interpretation and other confusion about the rule has magnified the importance of the issue, CVSA Executive Director Stephen Campbell told Land Line in June.
Arizona DOT spokeswoman Cydney DeModica didn’t return recent phone calls by Land Line. In previous interviews, DeModica said Arizona DOT enforcement officers said they had seen drivers typing and using computers for chat sessions.
Courtesy of LandLine Magazine
Officials with the FMCSA won’t say whether the agency has told Arizona to stop citing drivers with laptops in their cabs, more than a month after the state requested guidance from the federal agency.
The issue has the potential to affect thousands of truckers who have computers, GPS devices or other technology in their cabs to track hours of service and use mapping technology.
In May, OOIDA received calls from members who had been cited or warned at the San Simon port of entry weigh station for having a laptop either mounted near their driver’s seat or sitting in the passenger seat.
However, FMCSA spokesman Duane DeBruyne told Land Line that Section 393.88 wouldn’t cover laptop computers.
Following the inquiries by Land Line Magazine in early June, the Arizona Department of Transportation suspended writing citations for drivers with laptops in their cabs.
Officials with the state DOT requested an interpretation on Section 393.88 of the Federal Motor Carrier Safety Regulations, which bans screens capable of receiving a television broadcast from being within view of commercial drivers.
Kristin Schrader, a spokeswoman for the Federal Motor Carrier Safety Administration told Land Line this week the agency has no comment regarding the status of Arizona’s request.
Gerald Cook, an OOIDA member from Amarillo, TX, was cited in late May and told by an Arizona DOT officer the ticket could cost him $450. Cook has pleaded not guilty and is fighting the citation in court.
The story sparked outcry among OOIDA members and Land Line readers, many of whom use laptops for mapping and logbook software, including voice-activated mapping software.
The laptop issue is not likely to go away soon.
Members of the Commercial Vehicle Safety Alliance were scheduled to address the issue of laptop computers in cabs of big trucks at their September conference in Winnipeg. But the Arizona DOT’s request for a legal interpretation and other confusion about the rule has magnified the importance of the issue, CVSA Executive Director Stephen Campbell told Land Line in June.
Arizona DOT spokeswoman Cydney DeModica didn’t return recent phone calls by Land Line. In previous interviews, DeModica said Arizona DOT enforcement officers said they had seen drivers typing and using computers for chat sessions.
Courtesy of LandLine Magazine
Subscribe to:
Posts (Atom)
