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.”
Tuesday, December 23, 2008
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.”
Subscribe to:
Posts (Atom)
