June 27, 2006

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Headline News


Regulatory Roundup

Secretary of Transportation Norman Mineta Will Resign Next Month

An important change at the U.S. Department of Transportation will occur, with the resignation of Secretary of Transportation Norman Mineta, next month, according to CNN.

Tony Snow, White House Spokesman, on Friday, said, “Mineta wasn't forced out of the job and that the president was happy with him. He has informed the president that after five and a half years he will be stepping down," Snow said, and then he added, "that's a long time."

The secretary's resignation will be effective on July 17 th .

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FMCSA Has Amended Its Final Rule On Shifting and Falling Cargo

On June 22, 2006, the Federal Motor Carrier Safety Administration (FMCSA) amended it's September 27, 2002 final rule, which pertains to the protection against shifting and falling cargo for Commercial Motor Vehicles (CMVs), that are in interstate commerce.  

These amendments enable the final rule to be more consistent with the North American Cargo Securement Standard Model Regulations, by addressing those safety requirements which are applicable to cargo securement methods used by drivers who are often assigned the responsibility for ensuring that freight is restrained to prevent shifting or falling from the CMV. FMCSA has also proposed amendments regarding manufacturing standards for tiedowns and cargo securement requirements for dressed lumber, metal coils, paper rolls, intermodal containers, and flattened cars.  

Click here for a copy of the Final Rule as it appears in the Federal Register.

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FMCSA To Observe And Survey Medical Examiners (MEs)

FMCSA has announced its plan to request the Office of Management and Budget (OMB) approve an information collection (IC) to be associated with its medical examiner performance study. The IC would enable FMCSA to gather survey information, on-site observation, and interview data on the decision-making process of Medical Examiners (MEs). The MEs would include, but would not be limited to, medical doctors, doctors of osteopathy, doctors of chiropractic, physician assistants, and advanced practice nurses, whom conduct 2–3 million FMCSA medical examinations of CMV drivers each year.  

The survey would consist of a sample of the several different practitioner types, with the intended purpose of assessing MEs knowledge of key elements required for CMV interstate driver certification. The survey would also provide MEs with an opportunity to report perceived difficulties associated with the CMV driver physical examination process. And, site visits would allow for an interview and observation of MEs during the physical examination and certification decision-making process.

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According To Experts, Disc Brakes Will Gain Market Share, Despite Costs

The National Highway Transportation Safety Administration (NHTSA), issued a Notice of Proposed Rulemaking (NPRM), to amend the air brake standard to improve the stopping performance of truck tractors, as reported in the December 20, 2005 Truckload Carrier Report . According to the experts, as the final rule approaches, disc brakes will gain market share, despite their costs.  

While OEMs and brake engineers state that the final rule will be easily met, disc brakes in general, provide more stopping power than the more popular drum brakes. However, the experts also predict that the majority of fleets will still spec drum brakes for their fleets, due to familiarity amongst the technicians, even with the price difference gap closing, between to two style brakes.

Click here to review the NPRM as it appeared in the Federal Register.

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TCA Safety 411 Has Created Extended Networking

Since the launch of TCA's newest networking tool amongst safety professionals, Safety 411 is hitting its stride. With discussions amongst our members pertaining to electronic logs in a compliance review, to pandemic disaster plans, the safety membership is reaping the benefits of this extended networking program.

The creation of TCA Safety 411 was announced at TCA's 25 th Annual Safety & Security Division Conference in San Antonio, TX, and enables our Safety Directors to network with each other more then once a year on safety and security issues, stated John Biblis, chair of the Safety and Security Division and Vice President, Safety & Human Resources for Glen McClendon Trucking Co., Inc.

Below are the steps on how to use TCA Safety 411:

  • First you click on the TCA Safety 411 box, which can be found in our Members Only Section of the TCA website;
  • Then it's just like writing an email, you write your question or concern, and
  • TCA's Safety Director will then find the appropriate peer to answer or discuss your questions or concern.

Click here for a link to TCA Safety 411.

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The Comments Deadline For Proposed Improvements To SafeStat Is Approaching

Federal Motor Carrier Safety Administration (FMCSA) is proposing improvements to the Motor Carrier Safety Status (SafeStat) and the comments deadline for those proposed improvements is approaching. As previously reported in the May 9 th edition of The Truckload Carrier Report, FMCSA has proposed improvements to its algorithm for SafeStat and the deadline for submitting comments on those proposed improvements is Monday, July 3 rd .

The SafeStat system analyzes current safety performance, historical safety performance, and compliance information to rank the relative safety fitness of commercial motor carriers. SafeStat enables FMCSA to quantify and monitor trends in the safety status of commercial motor carriers. The proposed improvements would enable SafeStat to be more effective, thus enabling FMCSA to improve its focus on compliance review, roadside inspection resources, and better identify those commercial motor carriers, which pose a higher crash risk.

FMCSA has proposed additional improvements to the SafeStat system, which would simplify the Accident Safety Evaluation Area (SEA), by increasing the relevance of moving violations within the Driver SEA, including the vehicle out-of-service violations from inspections marked as driver-only within the Vehicle SEA, and shorten the data exposure time period, which is considered by SafeStat, from 30 months to 24 months.

To find the details on the proposed changes or to submit comments please submit them at FMCSA's Analysis & Information Website, click here.

For information or questions regarding the proposed revision to SafeStat, please feel free to contact TCA's Director of Safety, David Heller, CDS at (703) 838-8847 or via e-mail at dheller@truckload.org .

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ODOT Petitions FMCSA For Determination On Weight-Tax Credential Displays

The Oregon Department of Transportation (ODOT) has petitioned FMCSA, for a determination in regards to whether the state may continue to require commercial motor carriers to display weight-mile tax credentials, according to the Federal Register. SAFETEA-LU prohibits the states from requiring commercial motor carriers to display in or on their vehicles any form of identification other than forms required by the Secretary of Transportation. However, SAFETEA-LU also provides that a state may continue to require the display of credentials that are required under state law regarding commercial motor carrier vehicle license plates or other displays that the Secretary of Transportation determines are appropriate.

ODOT states that the current weight-mile tax credentials identify a commercial motor carrier's Oregon account, facilitate reporting, payments of their fuel tax, and assist in tracking vehicle-miles traveled over Oregon highways. ODOT also believes drivers want to have the credential, because fuel providers in Oregon use it to verify that a vehicle is exempt from the Oregon fuel tax. ODOT advises that approximately 15,000 out-of-state based commercial motor carriers operate 283,000 vehicles that carry a permanent Oregon tax credential. It also advises that approximately 10,000 vehicles with a 10-day temporary credential operate within Oregon at any given time. ODOT has requested that FMCSA make a determination that its weight-mile tax credentials are appropriate under SAFETEA-LU. And, FMCSA has placed a notice in the Federal Register , requesting public comment on ODOT's petition for determination on weight-tax credential displays.  

To view the notice as it appears in the Federal Register, click here.

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FTA to Eliminate Duplication Requirements

The Federal Transit Administration (FTA) has proposed, via a Notice of Rule Making (NPRM), to eliminate duplicative requirements for safety-sensitive employees for some public (mass) transportation systems, whom are subject to the alcohol and controlled substances (D&A) testing requirements of both FTA and the United States Coast Guard (USCG), or FTA and the Federal Motor Carrier Safety Administration (FMCSA). Recipients could concurrently comply with FTA's Drug & Alcohol testing program as they comply with the testing requirements of the USCG or FMCSA. However, FTA's post-accident and reasonable suspicion testing requirements would continue to apply when accidents occur while performing public (mass) transportation activities.  

Click here for a copy of the NPRM as it appears in the Federal Register .

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Transportation Industry Raises Concerns about ULSD

Amid concerns within the transportation industry, on Thursday June 1 st , Ultra Low Sulfur Diesel (ULSD) entered the market. ULSD will be at least 80 percent of the diesel fuel imported and refined within the United States for use by on-road vehicles, containing only 15 ppm (parts per million) sulfur content.

The date of June 1 st , also marked the first day retail outlets must label their on-highway diesel pumps as either ULSD or low sulfur diesel. The ULSD label states that ULSD is required for 2007 and later highway vehicles and engines, but is also recommended for all diesel engines. The low sulfur diesel label, by contrast, warns that it's prohibited for use in 2007 and later engines.

ULSD will contain roughly 97% less sulfur than the diesel fuel used prior to June 1st. Although June 1 st was the deadline for refineries to begin producing ULSD, October 15, 2006 is when ULSD will become available at retail facilities across the United States.

Since the new fuel touts a cleaner exhaust, the Environmental Protection Agency (EPA), predicts that the new trucks, which are produced in 2007 to use this fuel, will reduce smog emissions by an estimated 2.6 million tons each year. However, the EPA's information still does not eliminate the concerns the transportation industry has raised over the distribution of the ULSD.  

According to transportation industry experts, compared to the era when leaded fuels were taken off the market, concerns have arisen about ULSD being easily contaminated by “older” diesel fuels. Although some have insisted, that the time-frame between now and October 15 th , will be used to work out any such problems that may arise, other's within the transportation industry have voiced the following concerns:  

  • ULSD's sulfur content is supposed to be limited to 15 ppm or less, yet ULSD remains vulnerable to losing its status if it picks up enough residual sulfur from previous 500 ppm (Low Diesel Sulfur), through pipelines and fuel terminals, which will exceed the 15 ppm limit during shipment to the pump, before the driver fills up.  
  • Operational Challenges – While fleets begin to use the ULSD and spend more money on fuel that is less efficient, many fleets begin to rethink their operations, in order to save money in other areas due to the increased cost in fuel. ULSD, for example, is expected to add about 5 cents to the production and distribution of every gallon of fuel, thus reducing fuel economy by up to 1 percent.  
  • Resale effects – Many fleets across the country currently resell their used vehicles, to companies in South America. Currently, with no ULSD regulations in effect in South America, there are concerns within the transportation industry, in regards to how these companies will find buyers for their used equipment, when the new 2007 engines may not perform on the well on the low sulfur diesel. Currently, there is not enough operational experience with post 2007 truck technologies to accurately predict what would happen with the use of fuel other than ULSD.

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Industry News

CDTF Will Be Offering Military Scholarships

The Commercial Driver Training Foundation, Inc. (“CDTF”) has announced the availability of more than 2,200 scholarships through its “Military Scholarship Assistance Program” for active duty and honorably discharged veterans of the U.S. armed services. The scholarships, each in the amount of $500, are earmarked for students wishing to attend truck driver training programs. The scholarships were created by commercial driver training organizations and motor carrier employers as a means of recognizing and honoring the service performed by the men and women that have served in our armed forces.

CDTF Chairman Mark Greenberg said: “These scholarships are designed to encourage these highly qualified individuals to consider the transportation industry as a career. Because the jobs offered by the trucking industry provide an attractive starting compensation level, and because jobs are available in virtually all parts of the country, we believe that this career is particularly well suited to those individuals that are separating from military service.”

Greenberg went on to note: “In addition to these scholarships, many employing motor carrier offer tuition assistance that will help defray the remaining cost of attending the training program. There are few occupations of which I am aware that permit a student to attend a relatively short training program and achieve the entry-level compensation packages that are available in this industry and also have a significant portion of their training cost paid by their employers.”

Truck driving has been listed by the U.S. Department of Labor as among the highest growth job categories in the country. Many employers offer not only an attractive compensation package, but also provide insurance, retirement plans, and other incentives that are not always available in other occupations.

The partial scholarships are available to all qualified individuals that are either contemplating separation from military service, or that have been honorably discharged. The scholarships are available through institutions in many areas of the country. Applications are submitted to CDTF through its website at www.cdtfi.org. All applicants must meet the requirements for commercial drivers that have been established by the Federal Motor Carrier Safety Administration, as well as the enrollment criteria of the particular institution. For further information, contact CVTA, President, Mike Connell at 703-728-8600.

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Recruitment & Retention Basics

Strengthen Recruitment Through Diversity

The recruitment of drivers is a challenging task and one-way to strengthen your recruitment, is through diversification. But were do you go and what do you do? This article talks about recruitment at Roadlink Services.

What if you had a group of drivers that works Sundays, but not Fridays? How about a group that takes off the entire month of December? Or one that leaves the country for two months every year?

These are just some of the challenges Berta Moreno has overcome in order to take advantage of geographic pools of immigrant and minority drivers and owner-operators. Moreno is director of recruiting and retention for RoadLink Services, the Bethlehem, Pa.-based corporate arm of intermodal firm RoadLink USA, which has 50 service centers nationwide, including operating companies in the Midwest, South, East, New England and Pacific.

Focusing on understanding the cultural differences of various ethnic groups has helped RoadLink grow its immigrant driver population from 22 percent in 1994 to 66 percent in 2004, with about 79 percent turnover, Moreno says. A brisk referral program, as well as inexpensive ads targeting specific groups, also means RoadLink spends less recruiting immigrants versus traditional drivers.

“We realized this is how the company was going and that we would have to do some things to make drivers feel comfortable here,” Moreno, who is based in Chicago, says of the company's ability to recruit owner-operators and drivers from a wide range of ethnic groups, including Hispanic, Bosnian, Somalian, Indian and Middle Eastern.

For each area RoadLink serves, Moreno works with local company managers to determine which ethnic groups have the largest population. She also uses the U.S. Census Bureau website to pinpoint target groups. For example, there is a large Indian population in Northern California, whereas Hispanics tend to populate the southern part of the state. Chicago has a thriving Polish population. The company's 1,000 owner-operators and 350 company drivers either run within a 50- or 200-mile radius of their home terminal, which can be key in recruiting drivers from family-oriented cultures such as Hispanics and Vietnamese.

About 50 percent of RoadLink's recruitment is through referrals. “You can't beat these people for referring friends, uncles, cousins,” Moreno says. On the other hand, “if one leaves, you can lose a lot.” RoadLink's referral program includes posters and postcards advertising a $1,000 bonus, which pays 50 percent after the new hire has been on board 30 days and the remainder after 90 days. Recently, a RoadLink driver in Grand Rapids, Mich., referred a Somalian driver to the company's Columbus, Ohio, terminal. Since then, they have added 11 Somalian drivers — all from that one referral.

Another element of Moreno's recruitment efforts is advertising in non-English newspapers targeted at specific ethnic groups. “I hit the groups I want, and the cost is almost nothing” when compared to mainstream newspapers, she says. For example, an employment ad in the Chicago Sun-Times runs nearly $1,000, but an ad in an ethnic newspaper is usually less than $100. Response can be “hit or miss,” but she believes ads in these targeted papers stand out. “In other papers, my ads get lost,” she says.

Once recruits — who must have a one-year minimum of U.S. driving experience — come on board, retention efforts kick in immediately. Within the first 90 days, drivers go through six meetings. For example, they might meet with the recruiter after seven days, the terminal manager after 30 days and then the recruiter again at 45 days. “We have them come in and see how things are going. If there are problems, we address them,” Moreno says.

Another key to retaining nontraditional drivers is being sensitive to the needs of the various groups, Moreno says. “We don't have to learn everything about their culture and beliefs, but we need to learn a little something.” As an example, Moreno tells of the first time she attempted to shake a Middle Eastern driver's hand. “He didn't know what to do,” she recalls. She later learned that their religion forbids Muslim men from touching women other than their wives.

Educating customers also is critical. “One customer called to say one of our drivers was in his parking lot and he didn't know what he was doing, but he didn't want him doing it there,” Moreno says. It turned out it was a Middle Eastern driver who was saying his daily prayers. Now company salesmen make a point of calling or visiting customers to help them better understand drivers' cultural customs. “Communicating with customers ahead of time is key,” she says.

Getting RoadLink employees and customers past the language barrier is another challenge. Because all drivers know English well enough to get their commercial drivers' license and follow directions, “it's not a language thing, it's a patience thing,” Moreno says. “Some dispatchers think they don't have the time to dispatch a driver who has limited English.”

To help overcome such issues, RoadLink makes an effort to hire bilingual personnel. For example, the New Jersey and Boston offices — where RoadLink has several Brazilian drivers — have some employees who speak Portuguese. In Los Angeles and Chicago, almost everyone speaks Spanish. But for RoadLink personnel who don't speak a second language, conversations with some drivers can be difficult, “particularly if there's an accident,” concedes Woody Yarwood, RoadLink's director of safety. In that case, the company typically calls in an interpreter. “We've adapted very well to it,” he says.

Such accommodations aside, Moreno is quick to point out that the company shows no favoritism to any particular driver group. “We treat all of our drivers the same,” she says. “I don't treat Hispanic drivers different from a typical American driver.”

Nevertheless, any company that expects to recruit and retain nontraditional drivers must be prepared to make certain cultural concessions. For example, for Middle Eastern drivers Friday is a holy day, but they will work on Sundays. Fortunately, some of RoadLink's customers were able to accept Sunday deliveries. “Sometimes we have some surprises, but because we've been doing this for so long, our dispatchers know what to plan for,” Moreno says.

Complicating matters is many drivers' desire to return to their native countries for extended periods. Many Hispanic drivers, for example, take the month of December off. And Indian drivers return to India for two months each year. To handle these requests, RoadLink developed a leave of absence policy that allows drivers and owner-operators to be gone for up to three months and still remain on the company's active list. “They come back and go right back to driving,” Moreno says.

Because of its international nature, RoadLink's recruitment model goes hand in hand with the intermodal business, Yarwood says. “We're hauling containers from Taiwan, Japan, China, South America,” he says. Hiring owner-operators and drivers from other cultures “is kind of a natural fit,” he says. “And Berta's made it work for us.”

For more information please contact Berta Moreno at 708-458-7821 / bmureno@roadlinkusa.com

This article is reprinted with permission from Commercial Carrier Journal Magazine (CCJ) and written by Linda Longton.