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Federal Agencies

ATA 'Perplexed' by DOT Deal on Hours of Service Rule American Trucking Associations is "extremely perplexed" by the Department of Transportation's decision to reopen its truck driver hours of service rulemaking.

Congress

FMCSA Administrator Anne Ferro Welcome aboard Anne Ferro as the fourth-ever administrator of trucking’s chief U.S. regulator, the Federal Motor Carrier Safety Administration.

State Legislation

HB 09-1081 CONCERNING AN INCREASE IN THE LENGTH OF THE STATUTE OF LIMITATIONS
FOR VEHICULAR HOMICIDE.

State Agencies

Connecticut Trucking Owner Sentenced 6 Years! Hartford judge sentences trucking owner after dump truck kills 4 and injures 11 people.


Decisions & Opinions

Donaldson Co. v. Burroughs Diesel, Inc. In a product liability action based on defective truck engines, the district court's order compelling arbitration is reversed where defendant was a nonparty to the arbitration agreement and Mississippi law did not permit defendant to enforce the agreement on a theory of equitable estoppel.

Jury Verdicts

Estate of Simonton v. L&L Enterprises, Inc. A hunter was strangled to death when the treestand and safety harness he was using failed and caused him to fall. Verdict: $157,000,000 for plaintiff

Other News

FBI Tracks Highway Serial Killings

Obesity Linked to Dangerous Sleep Apnea in Truck Drivers

 




 



 McElfish Law Newsletter

CONGRESS

Congressional Bills of Interest

FMCSA Administrator Anne Ferro Welcome aboard Anne Ferro as the fourth-ever administrator of trucking’s chief U.S. regulator, the Federal Motor Carrier Safety Administration.

Pressure Grows to Prohibit Flammables in Tanker Wet Lines The pressure is on in Washington to get flammable liquids out of the pipes beneath cargo tanks. These "wet lines" can carry up to 50 gallons of cargo. In a crash they occasionally rupture and spill their contents, sometimes to fatal effect. That happened last July in New Jersey, when a car struck a gasoline tanker, wedged beneath the tank and burned in the spill of 13 gallons of gas from the wet lines, killing the driver.

Truck Driver Pre-Screening Program Reality After Seven Years It took seven years of persistent effort, and an Act of Congress, but now the agency is moving ahead with a Driver Pre-Employment Screening Program.

ATA: Behavior Changes Key to Fighting Distracted Driving In a testimony to the House of Representatives on behalf of the American Trucking Associations, Randy Mullett stressed the importance of behavioral changes as key to combating distracted driving in the trucking industry.

House Passes Green Vehicle Bill The U.S. House of Representatives has passed a bill that would promote research and development for more fuel efficient light, medium and heavy-duty vehicles.

Congress Cracks Down on PHMSA Special Permits Program Congress is cracking down on the Pipeline and Hazardous Materials Safety Administration, following a report by the House Transportation and Infrastructure Committee that found the agency was granting special permits without reviewing applicants' safety histories and without coordinating with partner safety agencies. As a result, Congress is asking PHMSA to make improvements to its approval process of special permits for transporting hazardous materials.

Congress Gives Highway Authorization Six Weeks

House Votes to Extend Highway Spending for Three Months The U.S. House of Representatives this week passed a bill that would extend current federal highway spending programs for three months.

House of Representative

H. R. 4071 To require insurers of motor vehicles to provide coverage of bodily injuries in insurance policies

H.R. 3367 To amend the Internal Revenue Code of 1986 to extend and modify the credit for new qualified hybrid motor vehicles

H.R. 184 To amend the Internal Revenue Code of 1986 to provide a business credit relating to the use of clean-fuel and fuel efficient vehicles by businesses within areas designated as nonattainment areas under the Clean Air Act

H.R. 4016 To reauthorize the hazardous material safety program, ensure the safe transport of hazardous material in all modes of transportation, and reduce the risks to life and property inherent in the commercial transportation of hazardous material, and for other purposes

H.R. 2609 To establish an Office of Insurance Information in the Department of the Treasury

H.R. 3246 To provide for a program of research, development, demonstration and commercial application in vehicle technologies at the Department of Energy

H.R. 1787 To amend the Clean Air Act regarding transportation fuels and establishment of a low carbon fuel standard

H.RES.444 Expressing the Sense of Congress that the United States needs an industrial policy with regard to automobile, aerospace, shipping, and steel industries, which are vital to national and economic security

H.R. 4104 To direct the Secretary of Transportation to establish and carry out a highway emergency responders safety grant program, and for other purposes

Senate

S. 1582 A bill to amend the Internal Revenue Code of 1986 to provide a credit against income tax to facilitate the accelerated development and deployment of advanced safety systems for commercial motor vehicles

S. 1113 A bill to amend title 49, United States Code, to direct the Secretary of Transportation to establish and maintain a national clearinghouse for records related to alcohol and controlled substances testing of commercial motor vehicle operators, and for other purposes

S. 575 A bill to amend title 49, United States Code, to develop plans and targets for States and metropolitan planning organizations to develop plans to reduce greenhouse gas emissions from the transportation sector, and for other purposes

S. 971 A bill to implement a pilot program to establish truck parking facilities

S.1333 A bill to provide clean, affordable, and reliable energy, and for other purposes

S. 1536 A bill to amend title 23, United States Code, to reduce the amount of Federal highway funding available to States that do not enact a law prohibiting an individual from writing, sending, or reading text messages while operating a motor vehicle

S. 1095 A bill to amend the Clean Air Act to convert the renewable fuel standard into a low-carbon fuel standard, and for other purposes

Cap-and-Trade Bill Slows in Senate It appears unlikely that the Senate will complete work on its version of a cap-and-trade system to limit carbon emissions this year, despite pressure from the international community for the U.S. to address the issue before a global warming summit in Copenhagen in December.

Senate Confirms Ferro as FMCSA Chief

Senate debate on health care bill opens with heated rhetoric The U.S. Senate on Monday opened what is expected to be a lengthy and rancorous debate on a sweeping bill to overhaul the nation's health care system.

 

 

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