News Archives:
Jun 29, 2010
May 21, 2010
Apr 09, 2010
Apr 08, 2010
New Mexico
Trucking Association
4809 Jefferson St. N.E.
Albuquerque, NM 87109
505 884-5575
505 884-3661 (fax)
J.J. Keller Offers
Program to Help
CSA 2010 Education
The new FMCSA carrier analysis system will change the way carrier's do business because it changes they way they are ranked and targeted for safety review.
This J. J. Keller program explains the new system and the key fundamentals that drivers need to know, including their obligations as to unsafe driving, fatigue, HOS, controlled substances and alcohol, truck and trailer maintenance, and load securement. It also covers the driver's role in improving, maintaining, or degrading their company's -- and their own -- safety fitness evaluation, explaining what they can do to prevent violations and have "good" inspections go into the Safety Measurement System (SMS).
The program includes several ready-to-use training tools: a closed-captioned video on DVD; a 24-page discussion guide; driver handbooks; and a CSA 2010 overview poster to hang in a training room or drivers' lounge. It will be available in February but can be reserved now. Keller says that if a rulemaking regarding CSA 2010 is published prior to July 1, 2011 and requires changes to this product, your copy will be updated at no charge. Talk to NMTA for details.
June 29, 2010
Scanned Logs Guidance Issued
The Federal Motor Carrier Safety Administration (FMCSA) issued a guidance simplifying recording keeping and retention requirements for drivers' records of duty status. Effective immediately, FMCSA now allows drivers to electronically send a scanned copy of the log back to the carrier for all motor carriers. Drivers may scan and transmit an electronic copy of each log to the motor carrier and retain the original log, creating two copies. Drivers must keep logs for current and previous seven days when on-duty while motor carriers working with this guidance, must retain the electronic copies of the logs for six months. Click here for the guidance document. Previously, drivers had to keep duplicate logs.
Motor Carrier Protection Act
of 2010
Legislation (S. 3483) was introduced this week by Senators Olympia Snowe (R-ME) and Amy Klobuchar (D-MN) that would, among other items, increase the broker bond requirement from the current level of $10,000 to $100,000. The legislation would also impose new reporting and other requirements on both brokers and motor carriers. This legislation is the result of an effort undertaken by OOIDA and the Transportation Intermediaries Association (TIA) to reach a compromise position on the relationship between the broker community and the independent owner operator drivers. As many of you know, ATA supports an increase in the broker bond requirement so we welcome this initiative. We are currently in the process of reviewing the legislation and will be sending out a more detailed account within the next several weeks.
Employee Misclassification Prevention Act
On Thursday, the Senate HELP Committee is holding a hearing on legislation (S. 3254) entitled the Employee Misclassification Prevention Act. This legislation, introduced by Sen. Sherrod Brown (D-OH) along with Senators Tom Harkin (D-IA), Dick Durbin (D-IL), Patty Murray (D-WA), Bob Casey (D-PA), Jeff Merkley (D-OR), Barbara Mikulski (D-MD) and Al Franken (D-MN), would set up additional record keeping requirements that employers must keep on independent contractors. It would also increase the penalties on businesses found to have misclassified employees as independent contractors. It is important to note that this legislation would not change the factors determining independent contractor status nor the section 530 safe harbor provisions. Nonetheless, the hearing will likely be heavily tilted toward the notion that there is widespread misclassification of workers. ATA is part of a coalition – the Coalition to Preserve Independent Contractor Status – that will be submitting a statement for the record. Depending on the length of the hearing, Thursday’s Truck Line will contain a summary of the hearing.
FMCSA Fines Transport Company Owner $72,760 after Fatal Crash
On June 21, the Federal Motor Carrier Safety Administration (FMCSA) announced it had issued a notice of claim, charging the owner of a Van Nuys, Calif. transport company with multiple federal motor carrier safety violations. The $72,760 in fines resulted from an investigation of a bus crash in Phoenix, Ariz. on March 5, in which six passengers were killed and 16 others were injured in the crash.
In the notice of claim, FMCSA charged the owner with 78 violations of 13 separate motor carrier safety regulations. It also identified the four separate company names the owner allegedly used to illegally operate and evade previous orders from FMCSA to cease all interstate and international passenger carrier transportation. The violations include:
- 19 counts of operating without federal authority
- 21 counts of operating without required minimum insurance
- 24 counts of operating in violation of a previous FMCSA order to cease operations
- Violation of alcohol and controlled substance testing requirements
- Violation of driver qualification requirements
- Violation of hours of service requirements
- Violation of vehicle inspection and maintenance requirements
HAZMAT Registrations Due June 30
Motor carriers that transport placarded quantities of hazardous materials must register with the DOT Pipeline and Hazardous Materials Safety Administration (PHMSA) on or before June 30, 2010. PHMSA recently increased the registration fees from $1,000 to $2,600 ($2,575 plus a $25 administrative fee) for registrants that do not qualify as a small business. Fees for small businesses (defined as having annual revenue less than $25.5 million) and not-for-profit organizations will remain at $275 ($250 plus a $25 administrative fee).
The increased registration fees are necessary to fund the Hazardous Materials Emergency Preparedness (HMEP) grants program, which helps provide hazardous materials training to emergency responders. Those carriers that have preregistered for the 2010-2011 registration cycle or the 2011-2012 cycle will have to supplement the payment they have already made. Motor carriers may obtain additional information on PHMSA’s registration requirements and may register on-line through the this link.
Gases Falls
In a 47-53 vote, the U.S. Senate voted down a measure on June 10 that would have blocked the Environmental Protection Agency (EPA) from regulating greenhouse gas emissions.
The resolution, proposed by Sen. Lisa Murkowski (R-Alaska), was in response to EPA's efforts to regulate carbon dioxide emissions under the Clean Air Act. Supporters of the measure believe that Congress should retain the lead in deciding how best to address climate change. Other measures to curtail EPA’s greenhouse gas authority have also been introduced in Congress including Sen. John D. (Jay) Rockefeller IV’s legislation to suspend potential EPA regulation of greenhouse gases from stationary sources for two years.
FMCSA Announces National Registry Outreach Meetings
On June 11, the Federal Motor Carrier Safety Administration announced that it will hold two special outreach meetings this summer to receive stakeholder input on the development of the National Registry of Certified Medical Examiners (NRCME). The meetings will provide medical examiners, CMV drivers and motor carriers with an overview of the latest information about the proposed National Registry Program.
Once the final rule becomes effective, only a certified health care professional who is listed in the NRCME will be able to medically certify commercial drivers. The first meeting will be held in Indianapolis, Ind., on July 20 and 21 and a subsequent meeting will be held in Washington, D.C. Aug. 17 and 18. Additional details regarding these meetings will be forthcoming. Click here for Further information about the NRCME.