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March 7, 2006
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Headline
News
New Safety Belt Brochure Made Available
The Commercial Motor Vehicle Safety Belt Partnership of which TCA and PTDI are members, has released a new safety belt brochure as part of their “Be Ready. Be Buckled” campaign. The brochure attacks 9 safety belt myths including that safety belts take too long to put on, are a personal decision affecting only the driver, and don't need to be worn while driving at low speeds. It also includes facts about safety belts and a safety belt pledge for drivers to sign. Click here to view the entire brochure.
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Truck Driver Shortage Featured in New York Times
The truck driver shortage currently faced by the industry was given a boost in exposure this past week when the New York Times published a piece on the problem in its February 28 th issue. The article by writer Ian Urbina explained the origins of the shortage, the affect it could have on consumers, and ways that trucking companies are attempting to attract new drivers, especially those from new populations. TCA contributed to the article and was mentioned in it including quotes from TCA president Chris Burruss and information on TCA's work with Congreso de Latinos Unidos to draw Latinos to truck driving. The article also appeared on The Drudge Report, popular Internet news site the day it was released. Click here to view the entire article.
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New HOS Challenge Brought Against FMCSA
On Monday, February 27, five organizations asked a federal court to review the most recently issued Hours-of-Service regulations issued by FMCSA in August 2005. The five organizations: Public Citizen, Parents Against Tired Truckers (PATT), Citizens for Reliable and Safe Highways (CRASH), the Advocates for Highway and Auto Safety, the Trauma Foundation, and the Teamsters had jointly petitioned the Federal Motor Carrier Safety Administration this past September to reconsider its hours-of-service rule.
The group filed a request with the U.S. Court of Appeals for the District of Columbia Circuit to specifically review the part of the rule, which allows drivers to drive 11 consecutive hours before taking a mandatory 10-hour off-duty break. This signifies the second recent lawsuit brought against the new regulations.
The first, originally filed by OOIDA in January, is fighting changes made in August to the sleeper berth provision. It also wants to change a provision of the rule known as the 14-hour on-duty clock, which limits a driver's day to a total of 14 hours once he or she goes on duty, unless the trucker takes a long enough break. This has gained momentum and support as other industry associations, including TCA, have filed supporting documents in backing this suit.
Studies are mixed on the impact of the hours of service rule on fatigue. Drivers are getting more rest, but they are also reporting more instances of drowsy driving. The number of fatal accidents involving large trucks has not substantially increased since the new rule went into effect. Safety groups claim productivity provisions in the rule -- including the 34-hour restart -- substantially increase the number of hours truckers can drive in a seven- or eight-day period over the rule that essentially governed the industry from the 1930s until 2004.
Contact David Heller, CDS, Director of Safety with any questions at (703) 838-8847 or via e-mail at dheller@truckload.org. Top
ATA Speed Limiter Policy Draws Fire
While many in the industry applaud and support ATA's new policy on speed limiters, the Owner-Operator Independent Drivers Association (OOIDA) has come out against it.
OOIDA maintains that if heavy trucks are capped at 68 mph, automobiles, which are not limited, will continue to push the posted speed limits, as many states have speed limits higher than 68 mph.
Citing highway safety studies that have shown that creating speed differentials between trucks and other vehicles makes roadways more dangerous, OOIDA maintains that excessive speeding is a legitimate subject of concern because it is dangerous, illegal and tends to result in more severe accidents. However, highway safety engineers have long recognized that highways are safest when all vehicles are traveling at the same speed.
A national speed limiter campaign has become official in Canada , and its effect is expected to be felt across all of North America . Last week the Canadian Trucking Alliance announced its provincial subdivisions will campaign for government mandates requiring speed limiters to be set on all heavy trucks at a maximum of 105 kilometers per hour, or 65 mph.
The Truckload Carriers Association's policy on speed limiters encourages motor carriers to establish speed control programs that are practical for their own operations, as well as, comply with speed limits, placing the onus on the carriers to effectively manage their own fleets.
Contact David Heller, CDS, Director of Safety with any que stion at (703) 838-8847 or via e-mail at dheller@truckload.org. Top
FMCSA Denies Vision Exemptions
On Wednesday, March 1, FMCSA announced its denial of 113 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and provided the reasons for the denials. FMCSA has the authority to exempt individuals from the vision standard if the exemptions granted will not compromise safety. The agency concluded that granting exemptions for the 113 applicants would not likely provide a level of safety equivalent to, or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption from the Federal vision standard for a renewable two-year period if it finds such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption.
Accordingly, FMCSA evaluated 113 individual exemption requests on their merits and made a determination that these applicants do not satisfy the eligibility criteria for the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on his/her exemption request. Those decision letters fully outlined the basis for the denial and constitute final agency action. Click here for a complete list of names and the corresponding reason why the drivers were not exempted as it appeared in the March 1, 2006 Federal Register. Top
TCA Files Motion to Intervene in OOIDA HOS Lawsuit
The Truckload Carriers Association has joined the California and Ohio Trucking Associations in filing a motion to intervene in the Owner Operator Independent Driver's Association (OOIDA) lawsuit on Hours-of-Service. The motion was filed on February 22, 2006.
In filing the motion, the three associations asked that the court allow their arguments relative to the permissible on-duty and mandatory off-duty requirements for both single and team drivers using a vehicle equipped with a sleeper berth. TCA awaits the court's response to the motion to intervene and will notify members when the court rules on this motion.
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ATA Changes Policy on Truck Size & Weight
At its February Winter Leadership Meeting, the ATA Board of Directors voted to change its policy on truck size & weight. Of particular interest to TCA, the ATA Board voted 41-30 in favor of a policy seeking to increase the allowable weight of a tractor-trailer from 80,000 lbs to 97,000 pounds on the National Network. This would be achieved by adding a third axle, as the policy would leave the current bridge formula in place. The change in policy was part of a five point-proposal made by a Size & Weight Task Force that was formed by ATA to explore ways to increase truck productivity. ATA will be looking at the 2009 Highway Reauthorization Bill as the vehicle to implement this new policy.
The Truckload Carriers Association has a policy that supports no change to the current truck size & weight limits. The TCA Board of Directors will discuss the ATA action at its meeting in Orlando on March 12. Top
Haz Mat Penalties Revised
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has revised its regulations in regard to the civil and criminal penalties and issued a final rule in the Hazardous Materials Safety and Security Reauthorization Act (Title VII of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users), enacted on August 10, 2005.
PHMSA has revised references in the regulations to the maximum and minimum civil penalties, and the maximum criminal penalties, to reflect the following statutory changes:
- The maximum civil penalty was increased from $32,500 to $50,000 for a knowing violation, and to $100,000 if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property.
- The minimum civil penalty has reverted from $275 to $250, except a minimum civil penalty of $450 applies to a violation related to training.
- Criminal penalties now apply to both reckless and willful violations (as well to as a knowing violation of the prohibition in 49 U.S.C. 5104(b) against tampering with a marking, label, placard, or description on a shipping document) of Federal hazardous material transportation law or the regulations, orders, special permits, and approvals issued thereunder.
- The maximum criminal penalty of 5 years imprisonment and a fine in accordance with Title 18 of the United States Code ($250,000 for an individual, $500,000 for a corporation) was retained, except the maximum time of imprisonment has been increased to 10 years in any case in which the violation involves the release of a hazardous material which results in death or bodily injury to a person.
Click here for a full copy of the rulemaking as it appeared in the Federal Register on February 17, 2006. For questions contact David Heller, CDS, Director of Safety at (703) 838-8847. Top
Supporting Documents Final Rule Expected
FMCSA is planning on publishing, as a final rule, the supporting documents regulations that the trucking industry has been anxiously waiting for. Scheduled to be published at the end of June, t his rulemaking would amend the hours-of-service recordkeeping requirements to clarify what supporting documents motor carriers must have to validate hours of service records. It will clarify:
- The duty of motor carriers is to verify the accuracy of drivers' hours of service (HOS) and records of duty status (RODS) if including automatic on-board records;
- A driver's duty is to collect and submit to the motor carrier all supporting documents with the RODS;
- Carriers are required to maintain supporting documents with the RODS;
- A supporting document based on a self-monitoring system is required to be the primary method for ensuring compliance with the HOS regulations. It would allow the use of electronic documents as a supplement to, and in certain instances in lieu of, paper supporting documents in recognition of developing technologies.
This final rule will also clarify the definitions of "supporting documents," "employee," and "driver," and the current requirement that each motor carrier use a self-monitoring system to verify HOS and RODS.
Click here to read the comments on “Supporting Documents” submitted by TCA on January 5 th , 2005. For questions please feel free to contact David Heller, CDS, Director of Safety at (703) 838-8847 or via e-mail at dheller@truckload.org.
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TCA Opposes CARB Regulations for TRUs
On Wednesday, February 22, 2006, TCA filed a letter in support of the American Trucking Associations comments to the Environmental Protection Agency on the regulations proposed by the California Air Resource Board to impose new air pollutant regulations on Transportation Refrigerated Units in the state of California .
In February 2004, the California Air Resources Board (CARB) adopted a regulation that will require the diesel engines used to power TRUs to meet stringent California-only in-use or engine certification emission standards beginning 12/31/2008. Each TRU engine is required to meet the California standard by the end of the seventh year after its original model year (i.e., 2005 MY engines will need to comply in 2012) in order to operate in the state. Owners of existing engines will need to reduce particulate matter emissions by greater than 50% starting in 2008 and by greater than 85% starting in 2010 (i.e., California minimum retrofit standards).
The changes proposed by CARB would have a devastating effect on the refrigerated carriers across the county, regardless of their state of domicile as most reefer units will end up in California at one point during their lifespan. These devastating effects pertain to costs of retrofitting the units to the potential loss of value to units that have not been retrofitted and are therefore “outdated.”
Please feel free to contact David Heller with any questions at (703) 838-8847 or via e-mail at dheller@truckload.org
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