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May 3, 2005
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Headline
News
Public Citizen Files Brief in Opposition to FMCSA Entry-Level Driver Training Rule
On April 21, the Public Citizen group officially submitted to the U.S. Court of Appeals for the D.C. Circuit a brief filed in opposition to the Federal Motor Carrier Safety Administration's (FMCSAs) entry-level driver training rule promulgated by the agency last year. The joint brief was filed on behalf of Advocates for Highway and Auto Safety, the Owner-Operator Independent Drivers Association, Inc. (OOIDA) and the United Motorcoach Association (UMA).
The brief presents detailed arguments made by the Petitioners including:
• The Final Rule is arbitrary and capricious because it is contrary to the evidence before the agency; and
• The Final Rule is arbitrary and capricious because the agency has presented no evidence that it will enhance the safety of CMV operations.
That said, the Petitioners conclusion reads as follows, “For the foregoing reasons, this Court should declare FMCSA's final rule on minimum training requirements for entry-level CMV operators arbitrary and capricious, and remand to the agency with instructions that it promulgate a final rule requiring entry-level CMV operators to receive training in the skills and knowledge necessary to actually operate a CMV.”
By way of review, the FMCSA issued the final rule on the minimum entry-level training requirements in the May 21, 2004 Federal Register , which mandated training in the following four areas:
• driver qualification requirements;
• hours of service (HOS) of drivers;
• driver wellness; and
• whistleblower protection .
The agency estimated around 10.5 hours to complete these four areas of training, and the effective date of the rule was July 20, 2004. You may recall that this entry-level driver training rule was published by the FMCSA on February 24, 2003, as they had agreed to issue a series of five key truck safety rules to settle a lawsuit brought by a number of safety advocates. One of these five rules was the entry-level driver-training rule.
As for the next steps, the FMCSA has until May 23 to file a response with the Court. The Petitioners then have until June 6 to reply to the FMCSA response. Ultimately, a three-judge panel from the Appeals Court will hear the case, and as of the writing of this article no judges have been selected, and no dates have been set for oral arguments. TCA will continue to stay on top of this issue, and for a copy of Public Citizen's filing please click here. For further information on this issue, please contact Rich Clemente at (703) 838-8847 or email: rclemente@truckload.org . Top
NHTSA Releases Preliminary Estimates on 2004 Highway Fatalities
A preliminary report on highway deaths issued in an April 21, 2005 press release by the DOT's National Highway Traffic Safety Administration (NHTSA) indicates that truck-involved fatalities may have increased slightly from 4,986 in 2003 to 5,169 in the year 2004 (3.7%). For purposes of these reports, NHTSA defines large trucks as those that are 10,000 pounds or over (GVW). It should be noted, however, that at the time of this NHTSA preliminary report, the total vehicle miles traveled (VMT) figure for large trucks has not yet been completely compiled or released by the Federal Highway Administration (FHWA), so the figure for fatalities per VMT is not available at the present time – and probably won't be until sometime much later this year. It should also be noted that these truck-related fatality figures do not indicate who was at fault in the accident.
From the other preliminary NHTSA numbers, while the fatality rate dropped and alcohol-related crashes are down from the year 2003, 42,800 died on the nation's highways in 2004, up slightly (0.4%) from 42,643 in 2003. NHTSA's report projects a fatality rate of 1.46 deaths per 100 million (VMT), a drop from a record low of 1.48 in 2003, according to DOT Secretary Norman Mineta. Some of the other report numbers of interest are:
- In 2004, VMT increased slightly to 2.92 trillion, up from 2.89 trillion in 2003, according to the FHWA;
- The number of registered vehicles increased from 230.8 million in 2003, to 235.4 million in the year 2004;
- Injuries dropped from 2.9 million to 2.8 million, a decline of 4.6%;
- Overall alcohol-related fatalities dropped 2.1% from 17,013 to 16,654. At positive blood alcohol content (BAC) levels under .08, fatalities decreased 9.8%;
- Passenger car occupant fatalities declined by 2.4% and pickup truck deaths dropped 2.0%, while sport utility vehicle deaths increased by 4.9%;
- In the year 2004, 56% of occupants killed in passenger vehicles were not wearing safety belts, a rate that was unchanged from the prior year; and
- The number of fatal crashes involving young drivers (ages 16-20) increased slightly from 7,353 in 2003, to 7,405 in 2004 (0.7%).
NHTSA annually collects crash statistics from 50 states and the District of Columbia to produce the annual report on traffic fatality trends. The final 2004 report, pending completion of data collection and quality control verification, will be available in August 2005. Summaries of the preliminary report are available on the NHTSA website by clicking here.Top
FMCSA Issues Interim Final Rule Amending Federal Regulations to Conform to TSA HM-CDL Background Check Rule
In the April 29, Federal Register, the Federal Motor Carrier Safety Administration (FMCSA) issued an interim final rule which amends the Federal Motor Carrier Safety Regulations (FMCSRs) to cross-reference the Transportation Security Administration's (TSAs) compliance date when the agency's companion requirements also become applicable. In addition, consistent with the TSA regulations, the FMCSA also reduces the amount of advance notice that States must provide to drivers that a security threat assessment will be performed when they renew a hazardous materials (HM) endorsement. Accordingly, as amended in this IFR, the FMCSA's compliance dates for the States under 49 CFR part 383, Subpart I – Requirements for TSA Approval of HM Endorsement Issuances are now the same as those in 49 CFR 1572.13 of TSA's regulations. Specifically, the applicability date under Section 383.141(a) is always the same as the deadline for TSA's requirements under Section 1572.13(b).
The FMCSA shares with TSA responsibility for implementing Section 1012 of the USA PATRIOT Act. TSA has established the security threat assessment, including security risk factors, citizenship/immigration requirements for the HM endorsement, fingerprinting options, fees, compliance dates and other process details. The FMCSRs prohibit States from issuing, renewing, transferring or upgrading a CDL with an HM endorsement unless TSA has first conducted a security threat assessment of the applicant and determined the applicant does not pose a security risk warranting denial of the endorsement.
The effective date of this IFR is April 29, 2005, and it was issued without prior notice and comment. A copy of the April 29 Federal Register notice is available by clicking here for a PDF and here for an HTML.
For further questions or comments, contact Rich Clemente at (703) 838-8847 or email: rclemente@truckload.org . Top
Improve Your Profitability By "Branding" Your Company
Thursday, May 26, 2005 - 12:00 pm – 1:30 pm ET
Audio Conference/Webcast
Establishing or revitalizing a clear purpose that the brand (your company) is working towards builds a strong customer relationship and loyalty to the brand (your company). Learn to clearly define and package the brand value into communicable messages that set forth a clear direction for your employees and customers to follow. By doing this, your employees will be motivated to put more time and effort into making your company a success!
Learn the answers to these questions:
• What is branding?
• Why brand?
• What are the Results of Successful Branding?
• What is Driver-Focused Branding?
• External Branding (magazine, internet, radio, and more)
• Internal Branding (referral programs, retention programs and more)
• Success stories of branding to drivers
• What is Shipper/Potential Customer Focused Branding
• Marketing campaigns (collateral materials, corporate gifts and more)
• Public relations (promoting safety awards, employee achievements, and more)
• How Do You Get Company Buy-in to the Branding Message
• Leadership
• Internal Staff
• How Do You Get the Most Out of Your Branding Dollar?
• What Are the 10 Commandments for Branding in Transportation?
Don't miss this chance to create a recognizable brand and increase your profits! Click here for more information.
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TCA Wants to Reward Your Scholars!
Truckload Carriers Association Scholarship Applications are now available for distribution to your employees or independent contractors. Any rising junior or senior attending an accredited four-year college or university and who is affiliated with a trucking company is encouraged to apply.
To obtain a scholarship application, please click here or contact Aimee Cirucci at 703-838-1950. The deadline for receipt of applications is Friday, May 20, 2005. If transcripts are not yet ready to enclose with your application, you may send them as soon as they are available.
Last year, the TCA Scholarship Fund awarded nearly $40,000 in scholarships to individuals who showed financial need, earned a GPA of 3.3 or better, had an excellent scholastic record, maintained full-time status and were individuals of high character and integrity. Please note that students pursuing transportation and business degrees will be given special consideration. Scholarships are awarded without regard to sex, race, color, national origin or religion and all forms must be typed. This is an excellent benefit for you to offer to your employees or independent contractors and their family members.
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Attention Amateur Photographers: Give TCA Your Best Shot and Win $1000!
CONTEST DEADLINE – JUNE 17, 2005
TCA's Truck Driver Photo Contest is open to any truck driver who is currently employed with or leased to a trucking company. Photographs from professional photographers will not be accepted. No more than three photos may be submitted per driver. The photos should capture life on the road and portray trucking in a positive light. Digital photos are accepted as long as you include a print out of the photo and the digital file is 300 dpi or larger to ensure a high enough resolution.
Applicants should clearly label each photo with their name, address, telephone number, and company name, address, and telephone number. Please do not write on the back of the photo, use an address label or separate piece of paper affixed to the back. Any information you can provide on where you took the photo and the subject of the photo is appreciated.
Contest Prizes!
The grand prizewinner will receive $1,000.
The 2nd place winner will receive $750.
The 3rd place winner will receive $500.
4th through 6th place winners will each receive $100.
Honorable mentions will receive $50 each.
Thank you to S-Line, Inc. and American Graphics Group, the generous sponsors of this contest. Visit www.truckload.org for more details. E-mail acirucci@truckload.org or call 703-838-8859 with any questions. Top
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