July 20, 2004

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Headline News


Funding Truck Driving Training - Do You Know the Keys to Success?

A key component of a healthy economy is the development and maintenance of a skilled workforce. According to the US Bureau of Labor Statistics, overall employment of truck drivers and driver/sales workers is expected to grow about as fast as the average for all occupations through the year 2012, due to growth in the economy and in the amount of freight carried by truck. In order to meet the continued demand for skilled drivers, truck driving training schools will need to expand collaborations with various government funding sources in order to ensure that potential students who need funding to attend schools can access these resources. The purpose of this article is to review some of the existing funding sources available to schools, as well as to describe new funding sources and approaches to fundraising.

Due to the many types of government-funded sources of training funding, it can be a challenge for schools to determine all potential sources of training funds that might be accessed for students. For example, over seventy federal programs provide job-training services. It is important that school staff become familiar with all potential funding sources in order to ensure that eligible individuals have access to resources to become skilled drivers and gainfully employed. School staff need to determine whether and how these resources are coming into their communities and need to develop proactive strategies to form collaborations with other organizations if they cannot directly access these funds.

Some of the current sources schools use to fund training include:

• Federal financial aid program funding
• Workforce Investment Act funds (including funds for the disadvantaged and dislocated workers)
• Veterans Employment and Training funds
• Trade Readjustment Act funds
• Welfare to Work funding
• Vocational Rehabilitation funding
• Private Insurance and Worker Compensation program funds
• Union program funding
• Targeted population funding, including funds for training Migrant and Seasonal Farmworkers, Native Americans, homeless and youth programs
• Housing programs that fund training services
• Employer-financed training
• Student-financed training

In addition to these typical funding sources listed above, new sources of government funding for training are emerging. For example, the Ticket to Work Program is a new Social Security Administration (SSA) employment and healthcare initiative for people with disabilities who want to work. The Program goal is to increase opportunities and choices for Social Security disability beneficiaries to find employment, vocational rehabilitation and other support services through a pool of providers known as Employment Networks. Any organization that can provide employment services, including training services, can be an EN. Over 11 million disability beneficiaries will receive a Ticket to use with service providers of their choice. This represents an important new potential marketplace of students for truck driving training schools.

Because Ticket to Work is an outcomes-based reimbursement program, initial employment and support services provided to Ticket holders will need to be financed in part by the EN before the Social Security Administration provides reimbursement for achievement of agreed upon performance measures and milestones. In order to support these upfront costs, as well as to expand the organization’s customer base and range of services, schools will need to leverage some of the existing sources of funding for training, however, they may still receive revenue from the Ticket to Work program for training and placing these individuals.

In addition to remaining updated on new types of government funds, schools can benefit from reviewing their overall approach to fundraising. For example, if schools cannot access types of funds directly because they are not eligible organizations to receive certain types of funds, they will need to consider collaborating with other organizations such as developing a subcontracting relationship. This type of a flexible approach to fundraising expands opportunities and access to many more sources of funds.

As schools seek new types of funding, they need to become proactive and focus on seeing their solicitations through a funder’s perspective. For example, writing a proposal in a manner that addresses a funder’s objectives and concerns outlining the unique features, benefits and outcomes the school can bring to a partnership with the funder is more effective that simply repeating that your school is the best choice for funding. Your focus should be on developing a partnership with a funder that will benefit both organizations.

Finally, a strategic review of your school’s current approach to locating sources of training funding can be a valuable exercise. For example, do all of your staff feel that development is part of their responsibilities, resulting in each staff person constantly looking for developing funding opportunities as they expand their networks in the community? In addition, how does your school stay current with changing labor market conditions? Are you aware of business expansions and contractions? Both of these conditions might create an expanded need for vocational training resources, such as customized contract training opportunities for expanding businesses or dislocated worker retraining opportunities for workforce reductions.

Written by Sandy Smith who manages the EN Capitalization Project for the MAXIMUS-Social Security Administration Ticket to Work Program. Ms. Smith serves on the Board of Directors of Professional Truck Driver Institute and on Certification Committee of this organization.

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U.S. COURT OF APPEALS VACATES "NEW" HOS RULES

Contact: Rich Clemente, Director of Safety
703-838-8847 or rclemente@truckload.org
July 16, 2004

The U.S. Court of Appeals for the District of Columbia Circuit Court issued an opinion this past Friday vacating the “new” hours of service (HOS) rules in their entirety and sending them back to the Federal Motor Carrier Safety Administration (FMCSA). In reviewing the 22-page Court of Appeals document, the primary reason the Court gives for their decision is quoted verbatim as follows, "We hold that the final rule is arbitrary and capricious because the agency neglected to consider a statutorily mandated factor -- the impact of the rule on the health of drivers. In promulgating ‘regulations on commercial motor vehicle safety,’ and HOS regulations are undoubtedly on that exact subject, the FMCSA is required ‘[a]t a minimum [to] ensure that….the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators.’” As the Court of Appeals presents the driver health issue as the primary reason to vacate the “new” HOS rules, in their decision they also specify other concerns they have with them. The Court states that while “[they] will not render final decision on the petitioners’ other objections to the rule” they have concerns with the following [listed in order]: 1) increased driving hours from 10 to 11; 2) Sleeper-Berth Exception; and 3) the Agency’s failure to mandate Electronic On-Board Recorders (EOBRs).

As for the “where do we go from here” question, this is the latest information we have heard up to the minute. The Official Court order will come down on Friday, July 23 and the FMCSA will then have 45 days to respond and “decide its next steps.” Therefore, it is our understanding today that the “new” HOS rules will remain in effect for that 52-day period of time. FMCSA officials have confirmed this, and announced that they will continue enforcing the “new” HOS rules during at least that time frame. Also, under the Court’s rules, the agency may seek a greater delay in the effective date of the decision – for 90 days or more – by asking the Court to issue a stay of its decision. No formal appeals have been filed yet on the Court decision at this time. A formal opinion, along with guidance to the trucking industry, is expected to be issued sometime later this afternoon or early next week from the FMCSA, which is anticipated to be posted on their website at some point. FMCSA’s website is: www.fmcsa.dot.gov. TCA will keep you posted on all of these latest developments as they occur.

A copy of the U.S. Court of Appeals decision is available by clicking here.

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Do You Have Thoughts on Truck Stop Electrification?

The Environmental Protection Agency (EPA) issued a Notice of data availability and request for public comment in the July 8, 2004 Federal Register, in which the agency is seeking industry comments on ways to develop national standards for providing electric infrastructure at truck stops for use by long-haul trucks. This action results from a Presidential directive, in the May 2001 National Energy Policy, to the Environmental Protection Agency (EPA) and the Department of Transportation (DOT) to develop a program for reducing long-duration truck engine idling. The EPA recognizes that various technologies, strategies, and behaviors can effectively reduce long-duration idling while providing the truck driver with essential needs such as heat or air conditioning. Truck stop electrification (TSE) is one of the many strategies being looked at to reduce idling. TSE allows the electrical grid to supply power to truck on-board components or stationary components for heating, cooling and other needs. However, uniform standards for on-board TSE equipment, on-site power systems, and connection compatibility do not currently exist.

Many different and divergent codes and standards potentially could be applied to TSE, including those set forth by some of the following organizations: the National Electrical Code (NEC), the Society of Automotive Engineers (SAE), Underwriter Laboratories (UL), the National Electrical Manufacturers Association (NEMA), the Canadian Standards Association (CSA) and the Canadian Electrical Code (CEC). In the notice, EPA is asking a series of questions on the following topics as they relate to TSE: on-board system power needs, off-board power needs, connection compatibility and safety, and system design.

Industry comments on this Notice must be filed with the EPA by August 9, 2004. A copy of the July 8, 2004 Federal Register notice can be accessed by clicking here for an HTML and here for a PDF.For further questions or feedback, contact Rich Clemente at (703) 838-8847 or by email: rclemente@truckload.org.

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Corrections To Haz-Mat Regulations Issued

The DOT’s Research and Special Programs Administration (RSPA) issued a final rule in the July 13 Federal Register that makes minor editorial corrections in the 49 CFR 172.101 Hazardous Materials Table (HMT) that were made during the recent publication of 49 CFR Parts 100 to 185. In this most recent publication, a number of entries in the HMT were inadvertently removed, and this is the reason for the July 13 notice.

These errors were the result of a misunderstanding concerning the amendatory language in the final rules that affected the HMT, and in particular, Docket HM-215E issued on July 31, 2003. This RSPA ruling amended the HM regulations (49 CFR Parts 171-173, 175-176, 178 and 180) to more closely follow international standards. Of particular note in that rule were amendments to the HMT which added, revised or removed certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. RSPA stated that these revisions were necessary to facilitate the transport of HM in international commerce because of changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations).

The effective date of the July 13 corrections notice is October 1, 2004, and RSPA is authorizing immediate voluntary compliance. A copy of the July 13 rule as it appeared in the Register can be found by clicking here for an HTML and here for a PDF. If you have any questions please contact Rich Clemente at (703) 838-8847 or by email: rclemente@truckload.org.

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Looking for Info on the New Entry-Level Driver Regulations?

Do you need more detailed information on the new Entry-Level Driver Regulations? To address the new regulations, PTDI and Thomson Delmar Learning are developing a new manual that will be available soon. This product will have two components: a booklet that fits into your glove box which includes the regulation information, an assessment section, and printed certificates; and a CD-ROM which has PDF files of the manual and an automatically scored assessment portion that prints a certificate. Please contact us Rich Clemente, Director of PTDI at 703-838-8847 or Delmar at truckdriving@delmar.com for more information.

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