What's New

FMCSA Cuts Time to Respond for Failed New Entrant Audits

The FMCSA has shortened the time in which a new entrant motor carrier can submit evidence in response to expedited action notices and safety audit failure notices.  Under the new FMCSA policy, FMCSA must receive a new entrant motor carrier's corrective action plan within 15 days of the new entrant safety audit failure notice or within 10 days of the expedited action notice.  If the FMCSA receives evidence outside the new time limits, the Agency will not guarantee that the evidence will be considered prior to revoking the carrier's authority.  The change in policy became fully effective on August 20, 2012.  

AldenLaw and Hyperlogistics Group Give Back to the Wounded Warrior Program

John Schmenk, a committed member of the Disabled American Veterans Organization in Columbus, Ohio, had a vision to find transportation for a load of bottled water to the Wounded Warrior Program in Fort Knox, Kentucky.  AldenLaw learned of John's goal and took up the charge to help him.  Hyperlogistics Group, a third party logistics company in Columbus, Ohio, and longtime valued client, picked up on the chance to deliver the water to our military members.  In appreciation of our military and our veterans' sacrifice, AldenLaw thanks John Schmenk and Hyperlogistics Group for making this goal a reality. 

FMCSA Implements Changes to CSA Program

The Federal Motor Carrier safety Administration has implemented 11 changes to its Compliance, Safety, Accountability ("CSA") Program.  The changes went public on December 3, 2012, but the changes were made available to carriers in August.

Among the 11 changes, highlights include:  changing the Cargo-Related BASIC to the Hazardous Materials (HM) Compliance BASIC, changing the Fatigued Driving BASIC to the Hours-of-Service BASIC, eliminating vehicle violations derived from driver-only inspections, removing 1 - to 5 - mph speeding violations, and separating crashes with injuries from crashes with fatalities.

AldenLaw works with carriers on safety and regulatory compliance issues and has successfully represented carriers in challenges to violations and enforcement actions.  Please call John Alden or Tony Palmer at (614) 221-1306 with any questions relating to CSA or other regulatory issues.

John Alden Presents at Columbus Regional Logistics Council Event

John Alden served as a featured speaker in a Columbus Regional Logistics Council panel discussion on "2013 Trends in Transportation" at Station 67 in Columbus, Ohio.  John addressed Logistics Council members and other local industry leaders on current topics in transportation law.  Highlights of John's presentation include new federal legislation heightening requirements for brokers, trends in classification of independent contractors and employees, and a pending appeal in the Supreme Court of Ohio regarding the ability of municipalities to impose income taxes on Ohio trucking companies.  Please call John Alden or Tony Palmer at (614) 221-1306 with any questions regarding these topics or other transportation law issues. 

Truckers Against Trafficking Given $50,000 Matching Grant Opportunity 

Starting today through the end of 2012, The Greenbaum Foundation will provide a dollar-for-dollar matching grant for any and all donations made to Truckers Against Trafficking (TAT), up to $50,000. Your $10 will be $20. Your $50 will be $100. If we reach $50,000, that will be $100,000.  TAT’s annual budget continues to grow as more and more individual truckers, trucking companies and state trucking associations come on board, and we supply them with materials, including training DVDs, wallet cards, brochures and vent window decals.

In 2011, TAT provided 180,000-200,000 wallet cards and over 7000 DVDs, in addition to posters and vent-window decals. This year, the numbers are even greater, with state trucking associations like California, Nevada, Idaho, Colorado, Wisconsin and Minnesota coming on board (with others in the process), as well as the Iowa 80 truck stop group, and with the three trucking shows and numerous events and speaking engagements where we’ve handed out materials as well as filled individual requests for materials. And we’ve learned that our DVD is being used for training in 22 foreign countries as well.

In addition to paying for the materials we provide to everyone who asks, TAT also incurs hefty shipping costs, travel costs to speaking and training engagements and administrative costs.

But the money is well spent from the standpoint that:

• The National Human Trafficking Resource Center is receiving more and more calls on possible human trafficking activity from truckers, and a significant percentage of those are actionable items where law enforcement has been involved.
  
• The trucking industry is beginning to receive excellent publicity for the work they’re doing to fight human trafficking. They’ve already been featured in at least two national television news stories and more are in the works.
  
• There is a growing awareness among members of the trucking industry about human trafficking and what they can do to fight it effectively.
  
• What the trucking industry is doing in working with TAT is providing a model for other members of the transportation industry to follow in the fight against human trafficking.
  
• New liaisons are being created between the trucking industry and law enforcement to engage in the fight against human trafficking together.
  

“I fund and work with many of the best nonprofit organizations throughout the world,” said Jim Greenbaum, founder and managing director of The Greenbaum Foundation. “Few accomplish so much with so little as does Truckers Against Trafficking. The work and accomplishments of Kendis Paris and her team are awe-inspiring. And, with sufficient funding, there’s no telling how much greater of an impact they will have in the fight against human trafficking.  I am delighted to make this matching grant offer for Truckers Against Trafficking.”

Please consider helping us match this $50,000 grant. Share this opportunity with others and make a donation on our website www.truckersagainsttrafficking.com by Dec. 31, 2012.

OOIDA Sues FMCSA over Driver Safety Records

Tony Palmer, AldenLaw

FMCSA Halts Accountability Determinations in CSA Crash BASIC

Tony Palmer, AldenLaw

FMCSA ADDS CELL PHONE VIOLATIONS TO SMS UNSAFE DRIVINIG BASIC

U.S. DEPARTMENT OF TRANSPORTATION INCREASES HOURS OF SERVICE REGULATIONS

 The U.S. Department of Transportation issued new hours-of-service regulations for commercial truck drivers on December 22, 2011.  Under the new rules, a driver can only work 70 hours per week.  The new rule also requires a 30-minute break after 8 hours of working.  Drivers also cannot use the restart provision more than once in a 7-day period.  Any driver that uses the 34-hour restart must include two periods from 1:00 a.m. to 5:00 a.m.  Despite extensive debate over the daily driving limit, the U.S. Department of Transportation did not adopt a 10 day-hour daily driving limit, but instead retained the current 11-hour daily driving limit.  For violations of the hours-of-service regulations, trucking companies and drivers will face civil penalties, including fines of up to $11,000 per offense for trucking companies and $2,750 per offense for drivers.  Truck drivers and companies are required to be in compliance with the new hours-of-services rules by July 1, 2013.

Compliance Deadline Set for Canadian eManifest Requirements

 Beginning November 1, 2012, highway carriers will be denied entry into Canada if the carrier has not complied with the eManifest requirement to electronically transmit cargo and conveyance data prior to border arrival.  Carriers may also face non-monetary penalties for non-compliance.  On May 12, 2013, however, the Canada Border Services Agency will begin assessing monetary penalties for non-compliance.  The eManifest implementation timeline began November 1, 2011.

IDLING REGULATIONS GUIDE – UPDATED

The American Transportation Institute updated its Compendium of Idling Regulations which   includes summaries of idling regulations across the United States.  The regulations are issued by state and local governments in an effort to reduce emissions.  The guide was updated July 2011, and includes a new law in Oregon and additional provisions in Texas.  In Ohio, three local governments have idling regulations:  Cleveland, Maple Heights, and South Euclid.  Ohio’s neighboring states of Pennsylvania and West Virginia also have statewide idling regulations.

 The complete Compendium of Idling Regulations can be found at www.atri-online.org.  Please contact John Alden or Tony Palmer if you have any questions concerning state or local idling regulations.

Predicting Truck Crash Involvement: A 2011 Update

The American Transportation Research Institute has published an update to its 2005 report on truck crash predictability.  The 2011 update was conducted to review the impact of recent regulatory changes on driver behaviors and crashes.  The full report can be accessed here:

Click here for more information

CHECK YOUR CSA SCORES

Carrier CSA 2010 scores are available online on the Federal Motor Carrier Safety Administration’s website.  Visit http://ai.fmcsa.dot.gov/sms/ to access a carrier’s score through the Safety Measurement System.  The FMCSA website also provides the option to subscribe to the RSS feed or email list to receive the latest news and information on CSA 2010.

PUCO RESCINDS SAFETY RULES

The Public Utilities Commission of Ohio (PUCO) recently rescinded administrative rules applying to private commercial motor vehicles with a gross vehicle weight (GVW) between 10,001 and 26,000 pounds operating in intrastate commerce.

The PUCO hosted a series of listening sessions across Ohio this winter to gather input from affected carriers about the operational and financial costs of compliance with the rules. Based on feedback from interested parties, the Commission rescinded the rules while changes are considered. As a result, roadside educational stops for affected carriers will no longer take place.

The PUCO staff will file a report with the Commission by June 14, 2011 containing an analysis and recommendations for possible future rule amendments. Staff will take into account Gov. John Kasich’s Executive Order 2011-01K “Establishing the Common Sense Initiative,” which accounts for the impact a rule has on small businesses.

NEW SMS DISCLAIMER

The FMCSA will replace any ALERT symbol currently displayed in orange on the SMS public website with the following symbol displayed with the color gold, as viewed on the banner at http://csa.fmcsa.dot.gov/default.aspx.

The FMCSA will replace the current language displayed on the public SMS website screen entitled “USE OF SMS DATA/INFORMATION” with the following:

"The data in the Safety Measurement System (SMS) is performance data used by the Agency and enforcement community. A symbol, based on that data, indicates that FMCSA may prioritize a motor carrier for further monitoring. The symbol is not intended to imply any federal safety rating of the carrier pursuant to 49 USC 31144. Readers should not draw conclusions about a carrier's overall safety condition simply based on the data displayed in this system. Unless a motor carrier in the SMS has received an UNSATISFACTORY safety rating pursuant to 49 CFR Part 385, or has otherwise been ordered to discontinue operations by the FMCSA, it is authorized to operate on the nation's roadways. Motor carrier safety ratings are available at http://safer.fmcsa.dot.gov and motor carrier licensing and insurance status are available at http://li-public.fmcsa.dot.gov."

Finally, the FMCSA will delete the word “established,” currently used in the phrase “established intervention thresholds,” from the footnote contained in the Legend on the public SMS website that defines what is meant by the symbol.  The FMCSA will also delete the word “established” from the phrase “established intervention thresholds” in any other place the phrase appears on the public SMS website.

FMCSA ELIMINATES CARGO INSURANCE REQUIREMENT

Effective March 21, 2011, the FMCSA will no longer require freight forwarders and for-hire carriers to maintain cargo insurance filings.  Prior to the new FMCSA rule, common carriers were required to maintain minimum cargo insurance on file at the FMCSA’s office and website, while contract carriers were not required to do so.  The new rule eliminates the distinction between the two types of carriers for maintaining cargo insurance and exempts both from the requirement.  Not all motor carriers and freight forwarders, however, benefit from the new rule.  Carriers and freight forwarders of household goods are still required by the FMCSA to maintain cargo insurance and provide evidence of insurance to the agency.

 Because of the nominal cargo insurance requirement – only $5,000 – and the fact that there is little difference, if any, between common and contract authority and services, this action is logical and long overdue.  For more information or assistance with this new rule, contact Tony Palmer or John Alden at their office at 614-221-1306 or by email to tpalmer@aldenlaw.net. 

PROTECT YOUR DRIVERS AND YOUR SAFETY RATING

A case involving a CDL driver cited for an out-of-service violation who challenged the citation was recently heard by the Public Utilities Commission of Ohio. The cited violation carried a mandatory 60-day commercial driver's license suspension under the federal motor carrier safety regulations and Ohio law. With the assistance of the Ohio Trucking Association and through expert testimony on behalf of the driver at a day-long PUCO hearing, we showed that the alleged violation, a crack in the frame of the trailer, was not an out-of-service offense according to the CVSA criteria. Following the hearing, the state offered to amend the violation to a lesser offense which does not carry a CDL suspension, and the driver and the motor carrier accepted.

For more information on this case or other motor carrier / CDL matters, contact Tony Palmer or John Alden at their office, 614-221-1306, via facsimile at 614-221-3551, or by email to tpalmer@aldenlaw.net.

 WARNING ON FRAUDULENT LETTERS FROM U.S. DOT "PROCUREMENT OFFICE"

Many motor carriers have received letters purporting to be from the U.S. Department of Transportation Procurement Office requesting "authorization to release financial information", signed by individuals entitled "Senior Procurement Officer". These letters are fraudulent, attempting to get carriers' bank account information. The DOT webpage concerning the fraud is http://www.dot.gov/ost/m60/fraudulent_letters.htm.

If you receive one of these letters, please do not respond. Instead, inform your company personnel of this unauthorized financial information request to protect your business. For more information, contact Tony Palmer at AldenLaw, at 614-221-1306.

OPTIONS FOR IRP REGISTRATION AND PLATES
The Ohio IRP Processing Center, in conjunction with the Ohio BMV, has instituted an online filing system, MVS Express. The system now allows online filing of IRP renewals, state/vehicle additions, Ohio base plate conversions, and Temporary Authorities for motor carriers and third parties invited to participate in the program. The system is currently in its trial phase with only a few large accounts. Electronic payment of plate fees is scheduled to be implemented in phase two of the project. AldenLaw is an authorized participant in the process, and is now able to process transactions online with the IRP Processing Center, offering private and for-hire carriers faster and easier processing of apportioned registrations. For more information, contact Tony Palmer or John Alden at their office, 614-221-1306, facsimile at 614-221-3551, or by email to tpalmer@aldenlaw.net