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Federal Agencies

Cross-Border Trucking Demonstration Project Extended for 2 Years; U.S. and Mexican Trucks to Continue Participation

Congress

S 2910: A bill to require brokers to disclose and pay independent truckers for any fuel surcharges received from shippers that relate to fuel costs paid for by the truckers.

State Legislation

California SB 1583 – independent contractors

State Agencies

29 states entering into a $20 million settlement with The MEGA Life and Health Insurance Company; Mid-West National Life Insurance Company of Tennessee; and The Chesapeake Life Insurance Company

Decisions & Opinions

Hoag v. Amex Ins. Co., No. 461, 2007
Dismissal of plaintiff's uninsured-motorist claim as a sanction for his failure to provide discovery as ordered by the trial court was neither too extreme nor an abuse of discretion where the failures were willful and repeated.

Jury Verdicts

State Farm Mut. Auto. Ins. Co. v. Spinks Auto Insurer Recovers $5,700.15 on Subrogation Claim

Other News

NBC "TODAY" Show Highlights Trucking

Knighthood for penguin







 McElfish Law Newsletter
FEDERAL AGENCIES

Cross-Border Program Extended for 2 Years!

Cross-Border Trucking Demonstration Project Extended for 2 Years; U.S. and Mexican Trucks to Continue Participation

FMCSA announced July 31, 2008, the extension of the demonstration project allowing 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, from one year to the full three years allowed by statute, 49 U.S.C. 31315. Reciprocally, Mexico has agreed to allow U.S.-domiciled motor carriers in the demonstration project to continue to operate in Mexico for up to three years.

 

FMCSA

 

FMCSA Extends CDL-Permit Comment Period to July 9 The Federal Motor Carrier Safety Administration has extended a comment period for states to establish commercial learner’s permits by a month, to July 9.

FMCSA Warns About Anti-Smoking Drug Chantix The Federal Motor Carrier Safety Administration has issued an advisory warning that the popular prescription smoking-cessation drug Chantix may adversely affect commercial drivers’ ability to operate their vehicles safely.

2006 Annual Motor Carrier Efficiency Study Report to Congress

Agency Information Collection Activities; Revision of a Currently Approved Information Collection: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders Notice and request for information

Agency Information Collection Activities; Withdrawal of Notice for Emergency Approval of a New Information Collection: Commercial Vehicle Driver Survey: Truck Driver Hours of Service and Fatigue Management Docket ID: FMCSA-2007-29251    

STATE SAFETY DATA QUALITY ANALYSIS RESULTS dated April 25, 2008

Commercial Driver's License (CDL) Standards; Rotel North American Tours, LLC; Application for Exemption and Request for Comments Notice of application for exemption; request for comments

Commercial Driver's License Testing and Commercial Learner's Permit Standards; Proposed Rule Notice of proposed rulemaking - Docket ID: FMCSA-2007-27659    

Demonstration Project on NAFTA Trucking Provisions Notice; request for public comment

Information regarding the Cross-Border program: http://www.fmcsa.dot.gov/cross-border/cross-border.htm

Medical Review Board Public Meeting Notice of Medical Review Board (MRB) Public Meeting

Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators Proposed rule; Updated information and extension of comment period

Motor Carrier Safety Advisory Committee Public Meeting Notice of Motor Carrier Safety Advisory Committee Meeting

Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors

The Federal Motor Carrier Safety Administration has announced that the public comment period on the minimum training requirements for entry-level commercial motor vehicle operators Notice of Proposed Rulemaking has been extended until May 23, 2008, to provide interested parties an opportunity to provide further comment and supporting data.

Cross Border Demonstration Project: List of Approved Motor Carriers

FMCSA declares Angel Tours, Inc. and Iguala Busmex, Inc. an "imminent hazard to public safety" and orders companies to cease all commercial operations

Assistant Administrator and Chief Safety Officer Rose A. McMurray Speaks before The House Committee on Transportation and Infrastucture

FMCSA Continues to Protect Consumers by Cracking Down on Rogue Interstate Moving Companies

DOT Action Plan to Reduce Highway-Rail Grade Crossing Collisions and Fatalities

FMCSA Announces Commercial Vehicle Driver Safety Training Grants
US Department of Transportation

Presentation: Cross Border Trucking Information

Letter to Congress from 69 Organizations Supporting the Cross Border Trucking

U.S. Transportation Secretary Peters Urges Congress to Keep Cross Border Trucking Program Going

BTS Releases Freight Transportation Services Index (TSI); Freight Index Fell 1.9 Percent in March from February

DOT Action Plan Contributes to Nearly 25 Percent Decrease in Train Accidents; New Focus on Risk-Reduction Programs to Further Improve Rail Safety

Fewer People Injured in Highway Crashes Every Year, U.S. Secretary of Transportation Mary E. Peters Announces

TS Releases North American Surface Trade Numbers for February 2008: February 2008 Surface Trade with Canada and Mexico Rose 16.3 Percent from February 2007  (State Rankings in Tables 5 and 7)

Characteristics of Unrestrained Passenger Vehicle Occupant Fatalities - This Research Note provides information on 2006 fatalities (aged 16 and older) to identify characteristics of those that were unrestrained. NCSA Research Note (DOT-HS-810-948) Posted 5/19/08

Trends in Non-Fatal Traffic Injuries: 1996-2005 - This report provides information on the decline in non-fatal traffic injuries observed from 1996 through 2005. NCSA Technical Report (DOT HS 810 944) (Posted 5/13/08)

Motor Vehicle Traffic Crashes Leading Cause of Death in the United States, 2005 - In 2005, motor vehicle traffic Crashes were the leading cause of death for every age 3 through 6 and 8 through 34. NCSA Research Note (DOT-HS-810-936)

Sampling Design Used in the National Motor Vehicle Crash Causation Survey - NCSA Technical Report providing information on the National Motor Vehicle Crash Causation Survey (NMVCCS) which collects information on the vehicles, the roadways, and the environmental conditions as well as the human behavioral factors that are likely contributing factors in crashes. NCSA Technical Report (DOT-HS-810-930)

DOT FRAUD ALERT!!

ATA

ATA Petitions Against Boston Hazmat Rules American Trucking Associations has asked the Federal Motor Carrier Safety Administration to prevent changes Boston recently made to its hazardous materials routing designations and permitting process.

Court Sets Sept. 8 Hearing for ATA Calif. Port Suit American Trucking Associations said the U.S. District Court of Los Angeles has set a Sept. 8 hearing date on ATA’s motion for preliminary injunction on the harbor commissions of the ports of Los Angeles and Long Beach, Calif.

National Truck Driver Appreciation Week 2008:
ATA Unveils 2008 National Truck Driver Appreciation Week Logo Mark your calendars - National Truck Driver Appreciation Week is August 24-30, 2008!  Watch for more information regarding NTDAW hats, banners, t-shirts, and other fun merchandise in upcoming editions of Truckline Express.  For more information, call ATA Outreach at 703.838.7935.

ATA asks California to Prohibit ATC for Retail Fuel Sales. For a copy of the ATA letter, click here

ATA Asks FTC to Mandate  Biodiesel Pump Labels Click here to access a copy of ATA’s comments. 

ATA Files Comments Strongly Supporting Retention of 11- and 34-Hour HOS Provisions Click here for a copy of the ATA comments.

ATA Fuel Price page: http://www.truckline.com/fuelpricecrisis

ATA Testifies on High Fuel Prices. Click here to view a copy of the testimony.

TWIC information pages

www.truckline.com/NR/exeres/AFA9942D-45BC-47CC-B2CA-40CEF645930E.htm

www.truckline.com/issues/governmentpolicy/security/twic

TWIC Contractor Under Fire for Leaving Callers on Hold The call center run by the contractor responsible for overseeing the Transportation Worker Identification Credential program has delayed additional enrollments by leaving workers on hold for more than 20 minutes on average, the chairman of the House Committee on Homeland Security said.

EPA

Direct Final Rule In-Use Testing for Heavy-Duty Diesel Engines and Vehicles: Emission Measurement Accuracy Margins for Portable Emission Measurement Systems and Program Revisions

EPA Seeks Input on RFS Waiver Request

Petroleum Refineries to Take Steps to Reduce Air Pollution

U.S. EPA proposes revision to California air improvement plan
Request acknowledges pesticide use in Ventura County

U.S. EPA putting its money to work, to clean up diesel engines

Forklifts Become “Vehicles” for Clean Air

Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Amendment to Massachusetts' State Implementation Plan for Transit System Improvements Action: Final rule

Adequacy Status of the Submitted 2009 VOC and NOX Motor Vehicle Emissions Budgets for Transportation Conformity Purposes; New Hampshire; Boston-Manchester-Portsmouth (SE), New Hampshire, 8-Hour Ozone Area. Action: Notice of adequacy

Adequacy Status of Motor Vehicle Budget in Submitted Five Percent Plan for PM-10 for the Phoenix Metropolitan Nonattainment Area for Transportation Conformity Purposes; Arizona Action: Notice of adequacy

Adequacy Status of the Indiana and Ohio Portions of the Cincinnati-Hamilton, Ohio/Kentucky/Indiana, Submitted 8-Hour Ozone Attainment Demonstration for Transportation Conformity Purposes Action: Notice of adequacy

Adequacy Status of the Connecticut 8-Hour Ozone Motor Vehicle Emissions Budgets and Out-Year Motor Vehicle Emissions Budgets for Transportation Conformity Purposes; Connecticut Action: Notice of adequacy

Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Determine Percentage of High Evaporative Emissions Vehicles in On-Road Fleet, EPA ICR Number 2292.01, OMB Control Number 2060-NEW Action: Notice

Notice of Receipt of a Request From the State of Texas for a Waiver of a Portion of the Renewable Fuel Standard Action: Notice

Adequacy Status of Motor Vehicle Budgets in Submitted South Coast 8-Hour Ozone and PM2.5 Attainment and Reasonable Further Progress Plans for Transportation Conformity Purposes; California Action: Notice of adequacy and inadequacy

Control of Hazardous Air Pollutants From Mobile Sources: Early Credit Technology Requirement Revision Action: Withdrawal of direct final rule

Adequacy Status of Motor Vehicle Emissions Budgets in Submitted Early Progress Plan Ventura County 8-Hour Ozone for Transportation Conformity Purposes; California Action: Notice of adequacy

Adequacy Status of Motor Vehicle Emissions Budgets in Submitted Early Progress Plan Western Mojave Desert 8-Hour Ozone for Transportation Conformity Purposes; California Action: Notice of adequacy

Adequacy Status of Motor Vehicle Emissions Budgets in Submitted Early Progress Plan Imperial County 8-Hour Ozone for Transportation Conformity Purposes; California Action: Notice of adequacy

Approval and Promulgation of Air Quality Implementation Plans; West Virginia: Transportation Conformity Requirement Action: Direct final rule

Average Fuel Economy Standards, Passenger Cars and Light Trucks; Model Years 2011-2015 Action: Notice of proposed rulemaking

Adequacy Status of the Northern Kentucky Attainment Demonstration 8-Hour Ozone Motor Vehicle Emission Budgets for Transportation Conformity Purposes Action: Notice of adequacy

Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM-10; Revision of Designation; Redesignation of the San Joaquin Valley Air Basin PM-10 Nonattainment Area to Attainment; Approval of PM-10 Maintenance Plan for the San Joaquin Valley Air Basin; Approval of Commitments for the East Kern PM-10 Nonattainment Area Action: Proposed rule

Regulation of Fuels and Fuel Additives: Revised Definition of Substantially Similar Rule for Alaska Action: Direct final interpretive rule

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Transportation Conformity Regulations Action: Final rule

Other Informational Links of Interest

National Truck Driver Appreciation Week is August 24 - 30, 2008!

ATRI

Idling Regulations Compendium

Driver Training Impacts on Safety (PDF)

BioFuel

ASTM Panel Votes to Modify Biodiesel Standards

Biodiesel Firm Secures $15.5 Million Investment Three institutional investors have put $15.5 million in financing into Innovation Fuels, an Albany, N.Y., company that makes and distributes biodiesel fuel worldwide, financial firm Credit Suisse said Tuesday.

Biodiesel Firm Secures $15.5 Million Investment Three institutional investors have put $15.5 million in financing into Innovation Fuels, an Albany, N.Y., company that makes and distributes biodiesel fuel worldwide, financial firm Credit Suisse said Tuesday.

Congress Tackles ‘Splash-and-Dash’ Loophole Giving Tax Credit for Exported Biodiesel Two bills circulating in Congress would eliminate a loophole that permits foreign producers of biodiesel to get a tax credit if they “splash” their product with petroleum-based diesel in the United States and then sell it overseas.

Engineering standards group ASTM International voted to tighten standards on pure and blended biodiesel fuel during meetings last week in Vancouver, British Columbia. Click here for more.

BTS

BTS Releases Freight Transportation Services Index (TSI):  A news release summarizing the data may be obtained at www.dot.gov/affairs/briefing.htm.  TSI data can be found on the BTS website http://www.bts.gov/xml/tsi/src/index.xml.  

CVSA

Roadcheck Shows Improved Safety Compliance, CVSA Says The Commercial Vehicle Safety Alliance said that its recent Roadcheck ’08 three-day safety check yielded the lowest out-of-service rate in two decades.

GAO

Personnel Clearances: Key Factors for Reforming the Security Clearance Process GAO-08-776T, May 22, 2008 Summary (HTML)   Highlights Page (PDF)   Full Report (PDF, 16 pages)  

Motor Carrier Safety: Improvements to Drug Testing Programs Could Better Identify Illegal Drug Users and Keep Them off the Road GAO-08-600,  May 15, 2008 Summary (HTML)   Full Report (PDF, 68 pages)

Supply Chain Security: U.S. Customs and Border Protection Has Enhanced Its Partnership with Import Trade Sectors, but Challenges Remain in Verifying Security Practices GAO-08-240, April 25, 2008 Summary (HTML) 

NHTSA

Vehicle Identification Number Requirements; Correction Docket ID: NHTSA-2008-0022   

Vehicle Identification Number Requirements Docket ID: NHTSA-2008-0022      

NICB

National Insurance Crime Bureau announces VINCheckSM: A free service  to assist in determining if a vehicle has been reported as stolen.  

NTSB

Fifth Update Investigation Into Collapse Of I-35 Bridge

Agenda Agenda Released For Public Hearing On Container Ship/Bay Bridge Accident

National Research Counsel

Global Warming To Affect Transport

Price of Fuel

British Truckers Protest Fuel Prices In London

Bush Calls for More U.S. Oil Exploration President Bush said Wednesday that Congress should allow for expanded U.S. offshore oil drilling and called for opening up more areas for domestic energy exploration.

CBS Gas Price Patrol Follow CBS News' Cross-Country Gas Price Patrol with our interactive map, photo essays, road logs and video archive.

Gasoline pump price relief nowhere in sight

Global cost of soaring oil prices

IEA Lowers Oil Demand Forecast; European Truckers Step up Protest The International Energy Agency lowered its forecast for global oil demand this year, while thousands of European truckers protested high fuel prices, the Associated Press reported Tuesday.

Michaud Pushes Truck Weight Issue as House Committee Examines Rising Fuel Costs in Trucking Industry

New Reality: $4 A Gallon At The Pump  

Oil prices open lower, and stocks rebound

Oil Prices Raise Cost of Making Range of Goods

Oil Speculation's Effect on Prices - Testimony of Michael Masters before the Committee on Homeland Security and Governmental Affairs

Rural U.S. Takes Worst Hit as Gas Tops $4 Average

Senator Collins Statement in Congressional Record - Commercial Truck Fuel Savings Demonstration Act

Spanish hauliers on fuel strike Tens of thousands of Spanish lorry drivers are on strike to protest against the soaring price of diesel.

The Varying Impact of Gas Prices

Trucking Consolidation Seen Benefiting Surviving Firms Soaring fuel prices have driven trucking bankruptcies up 143% over the same time last year, and industry analysts said the market may need to consolidate more before it improves for those companies that survive, the Associated Press reported.

Two Truck Drivers Killed in European Fuel-Price Protests Police cleared striking truckers who were protesting high fuel prices from the Spanish-French border, and two striking drivers were killed in separate incidents in Spain and Portugal, the Associated Press reported Wednesday.

Rail Road Administration

Railroad Accident Reports Now Available Online www.fra.dot.gov/us/content/1696.

Reason

Full Study: 17th Annual Report on the Performance of State Highway Systems (1984-2006) (.pdf)

Cars Disproportionately Blamed for Greenhouse Gas Emissions
Electricity, not transportation is responsible for the largest share of emissions
August 12, 2008 | Reason.org By Skaidra Smith-Heisters, Reason  » Full Text

Earmarks Aren't Helping Congress or the Taxpayers
Letter to the Editor August 9, 2008 | The Wall Street Journal By Robert Poole, Reason  » Full Text

Should We Privatize Toll Roads?
Yes: More funds would give us bigger, better highways
August 3, 2008 | Atlanta Journal-Constitution By Robert Poole, Reason  » Full Text

A National Infrastructure Bank?
Proposed bank can fill a niche, but current proposal needs to be refocused
July/August 2008 | Public Works Financing By Robert Poole, Reason  » Full Text

Leasing the Pennsylvania Turnpike: Frequently Asked Questions and Answers
May 2008 By Commonwealth Foundation and Reason Foundation  » News Release  » Full Policy Brief (.pdf)

 

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