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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
Federal Agencies

 

NHTSA Responds to Truck Stopping Distance Petitions

 

The petitions focused on four main issues, as well as identified some typographical errors in the final rule. The main issues included the stopping distance requirements for reduced
speeds, the omission of four-axle tractors under 59,600 pounds gross vehicle weight rating (GVWR) from the listed requirements and the date at which the improved stopping distance
requirements should apply to those tractors, the manner in which NHTSA characterized the typical three-axle tractor, and the fuel tank fill level testing specification.

CSA 2010 EVERYTHING YOU NEED TO KNOW DRIVERS GUIDE

FMCSA

Comprehensive Safety Analysis 2010 The purpose of the CSA 2010 initiative is to develop more effective and efficient methods for FMCSA, together with industry and state partners, to achieve its mission of reducing commercial motor vehicle (CMV) crashes, fatalities, and injuries.

FMCSA Tightens Rules on Fines The Federal Motor Carrier Safety Administration gave notice that it is tightening its standards on fines for safety violations

FMCSA Denies Petition for Meal Break Relief The Federal Motor Carrier Safety Administration denied a request by a group of motor carriers asking that the agency declare that California's meal and rest break regulations are pre-empted by federal law because they're incompatible with hours of service regulations.

FMCSA Releases Report on Cost-Benefit Analyses of Onboard Safety Systems The Federal Motor Carrier Safety Administration has released the findings from three onboard safety system studies, finding that the benefits of using the systems over a period of five years outweighed the costs associated with purchasing the systems.

Demonstration Project on NAFTA Trucking Provisions The FMCSA announces termination of the demonstration project that allowed up to 100 Mexico-domiciled motor carriers to operate beyond the U.S. border commercial zones, and the same number of U.S. carriers to operate in Mexico.
[View Full Text] [View PDF Version]

FMCSA Final Rule: General Jurisdiction Over Freight Forwarder Service The Federal Motor Carrier Safety Administration (FMCSA) amends its regulations to require all surface freight forwarders to issue a receipt or bill of lading on each shipment for which they arrange transportation of freight by commercial motor vehicle in interstate commerce.

FMCSA Final Rule: Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers Over Regular Routes On March 3, 2009, FMCSA published a document in the Federal Register (74 FR 9172) requesting comments on its proposal to delay the effective date of its January 16, 2009, final rule entitled "Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers over Regular Routes."
[View Full Text] [View PDF Version]

Requirements for Intermodel Equipment Providers and for Motor Carriers and Drivers Operating Intermodel Equipment; Final Rule FMCSA adopts regulations to implement section 4118 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The regulations require intermodal equipment providers (IEPs) to: register and file with FMCSA an Intermodal Equipment Provider Identification Report (Form MCS-150C); establish a systematic inspection, repair, and maintenance program to assure the safe operating condition of each intermodal chassis; maintain documentation of their maintenance program; and provide a means to effectively respond to driver and motor carrier reports about intermodal chassis mechanical defects and deficiencies. See Intermodal FAQ's.
[View Full Text] [View PDF Version]

Hazardous Materials The mission of the Federal Motor Carrier Safety Administration (FMCSA) is to improve truck and bus safety on our nation's highways. In terms of HM, FMCSA's goal is to reduce the number of serious HM transportation incidents 20 percent by 2010 as compared to fiscal year 2000.

Hours of Service Regulations The Hours-of-Service regulations (49 CFR Part 395) put limits in place for when and how long commercial motor vehicle (CMV) drivers may drive. These regulations are based on an exhaustive scientific review and are designed to ensure truck drivers get the necessary rest to perform safe operations. FMCSA also reviewed existing fatigue research and worked with organizations like the Transportation Research Board of the National Academies and the National Institute for Occupational Safety in setting these HOS rules.

Safety and Security Technology Deployment Over the past several years, FMCSA has been involved in efforts to test, evaluate, and encourage the deployment of onboard safety and security systems, such as collision warning systems with adaptive cruise control, stability control systems, lane departure warning systems, and vehicle tracking systems. Through systematic deployment planning for onboard systems, FMCSA continues to be engaged in industry-government partnerships to conduct studies and relay information to promote commercial motor vehicle (CMV) safety and security.

FMCSA Medical Programs The mission of the Office of Medical Programs is to promote the safety of America's roadways through the promulgation and implementation of medical regulations, guidelines and policies that ensure commercial motor vehicle drivers engaged in interstate commerce are physically qualified to do so.

FMCSA Rolls Out CSA 2010 Web Site The Federal Motor Carrier Safety Administration has rolled out a new web site to provide information about the Comprehensive Safety Analysis 2010, or CSA 2010.

Mandating Healthier Truck Drivers: FMCSA Considers Tightening Medical Standards Next up in federal regulation of truck drivers: tougher restrictions on physical qualifications for the job, possibly including mandatory testing for sleep apnea .

FMCSA Making Pre-employment Driver Screening Easier Commercial motor carriers will soon have electronic access to driver inspection and crash records as part of the hiring process through a new program of the Federal Motor Carrier Safety Administration . The Driver Pre-Employment Screening Program, as it's called, should take effect in December 2009

US Department of Transportation

New Study: Higher Seat Belt Use Could Save Many Lives A U.S. Department of Transportation study released today estimates that 1,652 lives could be saved and 22,372 serious injuries avoided each year on America’s roadways if seat belt use rates rose to 90 percent in every state.  The new research report, based on 2007 data, also estimates that seat belts saved a stunning 15,147 lives that year.  The study’s findings were released today as the Department launched its “Click It or Ticket” nationwide enforcement campaign.

U.S. DOT Orders Full Review of Motorcoach Safety U.S. Transportation Secretary Ray LaHood today ordered a full departmental review of motorcoach safety. A Departmental Motorcoach Safety Action Plan will be created from the review’s findings. The plan will outline the additional steps needed to improve motorcoach safety for the millions of Americans who rely on these vehicles for safe transportation.

U.S. DOT Doubles Roof Strength Standard for Light Vehicles, Announces First Ever Standards for Heavier Vehicles U.S. Transportation Secretary Ray LaHood today announced tough, new roof standards that will significantly strengthen vehicle roof structures and improve rollover crash protection.

U.S. DOT Announces New Consumer Program for Child Safety Seats The U.S. Department of Transportation announced today that it will create a new consumer program to help parents and caregivers find a child seat that fits in their vehicle. The new program is the result of a comprehensive review ordered by Transportation Secretary Ray LaHood to improve child passenger safety and Federal child seat standards.

U.S. Transportation Secretary LaHood Signs a Cooperative Agreement with the Chinese on the Safe Transport of Dangerous Goods Washington, DC - U.S. Secretary of Transportation Ray La Hood joined China's Minister of Transport Li Shenglin today in a historical signing of an agreement to cooperate on the safe transportation of hazardous materials.

U.S. Department of Transportation Posts New Fuel Economy Standards for Model Year 2011 Cars and Light Trucks U.S. Secretary of Transportation Ray LaHood announced today that the Department of Transportation has posted the new fuel economy standards for cars and light trucks for the 2011 model year. Click here to view the final rule for the 2011 model year.

DOT to Commence Work on Cell Phone Restrictions for Truck Drivers The Department of Transportation plans to write rules banning text messaging and restricting cell phone use in moving trucks and buses.

ATA

ATA backs ban on texting while driving The American Trucking Associations has voiced its support for the objectives of legislation (S. 1536) that would establish federal funding penalties for states that fail to make texting while driving illegal. The bill was introduced July 29 by Sens. Chuck Schumer (D-N.Y.), Robert Menendez (D-N.J.), Mary Landrieu (D-La.) and Kay Hagan (D-N.C.).

Safe and Efficient Transportation Act of 2009' Reduces Congestion, Emissions and Increases Efficiency The American Trucking Associations strongly supports the "Safe and Efficient Transportation Act of 2009," (H.R. 1799) which was introduced by U.S. Reps. Michael (D-Maine) and Jean Schmidt (R-Ohio) on March 30. The bill will allow states to authorize the operation of more efficient commercial trucks, resulting in safer highways, cleaner air and less costly freight transportation.

Two of ATA's Councils Reorganize The Safety & Loss Prevention Management Council and the Security Council of the American Trucking Associations have reorganized to form the Supply Chain Security & Loss Prevention Council (SCS&LPC) and the Safety Management Council (SMC).  Today’s announcement of the realignment came after affirmative votes by both councils’ management advisory boards and membership at their February Winter Steering Meetings.

ATA Issues: Safety for the Long Haul Book The American Trucking Associations (ATA) today released Safety for the Long Haul, the first and only comprehensive text on large truck safety. The book, written by Dr. Ron Knipling, encompasses more than 100 specific topics relating to large truck crash risk, causation, countermeasures, safety management and safety policy.

ATA Issues U.S. Freight Transportation Forecast to…2020 The American Trucking Associations (ATA) today released the ATA U.S. Freight Transportation Forecast to…2020, one of the industry’s most respected and anticipated economic reports. For the first time, ATA will conduct a webinar in April to review key findings and answer questions.

Trucking Continues to Dominate Freight Movement Despite the current weakness in demand for freight transportation services caused by the nation’s recession, the long-term outlook remains bright for all modes of freight transportation, the American Trucking Associations reports in its newly released ATA U.S. Freight Transportation Forecast to 2020.

ATA Counters Hours of Service Myths The American Trucking Associations Tuesday released a statement to the media in response to the most recent legal challenge against the hours of service rules, calling safety advocates' criticism of the rules "myths."

ATA Adopts New Safety Agenda The American Trucking Associations has adopted a new safety agenda aimed at significantly expanding trucking's role in the national conversation about highway safety.

ATA Calls for Improvement of Hazardous Material Regulations Congress should eliminate redundant rules and ensure uniformity across jurisdictions in the regulation of transportation of hazardous materials, Con-way Freight Vice President of Safety Robert Petrancosta told a House committee last week.

ATA Tells Congress Cap-and-Trade Will Harm Trucking Industry The American Trucking Associations (ATA) today told a Congressional Committee that a cap-and-trade program would impose significant costs on the trucking industry and American consumers.

Ag Hours of Service Exepmtion Receives Strong Support The Agricultural and Food Transporters Conference (AFTC) of the American Trucking Associations (ATA) released today a critique that refutes a report prepared by the Volpe National Transportation Systems Center alleging safety concerns with hours-of-service exemptions. Current law exempts Ag carriers from hours-of-service regulations operating within a 100-air-mile radius from their central base of operation during planting and harvesting seasons.  Similar provisions provide flexibility for other essential industries such as electric utilities and water well drilling as well as short-haul trucking operations within many states.

ATA's Safety Management Council Seeks Award Nominations ATA's Safety Management Council recently announced the 2009 ATA award deadlines for a number of its top safety awards. Entries for the ATA National Driver of the Year, National Safety Director Award, State Trucking Association Recognition Program awards, Excellence in Safety Award, and ATA President's Trophy are due July 1. Entries for the 2009 Excellemce in Human Resource Management Award are due June 26.

ATA Urges Quick Action on Jason's Law The American Trucking Associations (ATA) applauds Rep. Paul Tonko, D-N.Y., and Sen. Chuck Schumer, D-N.Y., for introducing legislation, H.R. 2156 in the House and S.971 in the Senate, titled “Jason’s Law,” that would implement a pilot program to address shortages in safe parking for commercial motor vehicles on the National Highway System.

ATA Files Motion to Intervene, Opposes Groups' Third Attempt to Change HOS Rules The American Trucking Associations (ATA) today filed a motion to intervene in the third legal challenge by the Teamsters and three so-called safety groups to the hours-of-service (HOS) rules first put in place in 2004.

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.

EPA

EPA Finding: Greenhouse Gases Harm Humans The Obama administration took a major step Monday toward imposing the first federal limits on climate-changing pollution from cars, power plants and factories, declaring there was compelling scientific evidence that global warming from manmade greenhouse gases endangers Americans' health.

EPA issues order to Shell Guam Inc. to continue clean up work at Guam Facility The U.S. Environmental Protection Agency has ordered Shell Guam Inc. to implement corrective actions and cleanup releases of hazardous waste at its facility located at Chalan Tenjo Vista, Piti, Guam. The order also directs the company to continue its work and activities necessary to clean up any spills and prevent any releases of hazardous waste or hazardous constituents to soil or groundwater.

EPA fugitive arrested in Mexico Robert Wainwright, a fugitive wanted in Indiana for allegedly polluting wetlands, was arrested July 14 in Mexico. U.S. Marshals and ATF Agents worked with Mexican police. Wainwright, who was convicted of federal firearms violations is being moved back to the United States and ultimately Indiana.

Heavy Trucks, Buses, and Engines This page presents general information about heavy-duty highway engines, such as those used in trucks and buses, and their emissions. There is also information regarding EPA's diesel programs, regulations, and retrofit/rebuild programs.

Profile of the Ground Transportation Industry - Railroad, Trucking and Pipeline Provides information on the operations and maintenance of railroad, trucking and pipeline industries

Light-Duty Vehicle and Light-Duty Truck -- Tier 1 and National Low Emission Vehicle Evaporative Emission Standards and Implementation Schedule This page contains information about the Federal Evaporative Emission Standards and implementation schedule for tier 1 and National Low Emission Vehicle (NLEV) light-duty vehicles and trucks.

Light-Duty Vehicle and Light-Duty Truck -- Clean Fuel Fleet Exhaust Emission Standards This page contains information about the Federal Emission Standards for the Clean Fuel Fleet Program for Light-Duty Vehicles and Light-Duty Trucks.

Other Informational Links of Interest

 

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