CVTA is pleased to be able to announce that the "Rookie of the Year" Contest created by Randall Reilly Publishing is up and running. The first "Rookie of the Year" will be recognized at the Great American Truck Show in Dallas, TX in August. CVTA helped Randall-Reilly in the development of this contest because the Association believes that the contest is a great way to not only recognize new drivers and attract attention to the truck driving occupation and build excitement about it.
The grand prize will include $10,000 cash as well as merchandise provided by sponsors. Semi finalists will also be recognized. Nominations may be submitted by schools, employers, trainers and individuals.
As its contribution, the Truckload Carriers' Association has agreed to host the application website. The website is: www.TruckLoad.org. When you land on the website, scroll to "Contests and Awards." The Rookie of the Year contest is the second one listed.
We encourage all members to nominate individuals that have been outstanding students or employees.
With the launch of the CSA Safety Measurement System (SMS) in December 2010, the Federal Motor Carrier Safety Administration (FMCSA) continues to receive questions from drivers. Below is a slightly updated reprint of an earlier What’s New entry separating fact from fiction regarding CSA and drivers.
FMCSA is committed to providing all stakeholders with factual and timely information on CSA. As part of this commitment, it is important that commercial motor vehicle (CMV) drivers are aware of how CSA affects them.
Drivers, we have heard and appreciate your questions on issues ranging from the Driver Safety Measurement System (DSMS) to the Pre-Employment Screening Program (PSP). Here are the FACTS:
What is the DSMS?
The SMS assesses a carrier’s safety performance based on its roadside violations and crashes. The DSMS is a tool within the SMS used by enforcement staff only. Its primary purpose is to help enforcement staff assess driver safety as part of motor carrier investigations. The DSMS does this by identifying which of a motor carrier’s drivers to examine during that carrier’s compliance review. This enforcement tool uses a subset of violations to evaluate an individual driver’s safety performance across employers. Appendix A in the SMS Methodology Report shows the violations used in the DSMS.
Who can see the DSMS?
Only enforcement staff have access to the DSMS for use during motor carrier safety investigations. Neither drivers nor employing motor carriers have access to the DSMS. While some third party vendors are developing and marketing CSA driver scorecards, these companies do not have access to full driver violation histories in FMCSA databases. FMCSA has not and will not validate any vendors’ scorecards or data.
What is the Pre-Employment Screening Program (PSP) and how does it impact CSA?
PSP is a new, voluntary FMCSA program mandated by Congress that is designed to assist the motor carrier industry in assessing individual drivers’ safety performance as part of the hiring process. PSP is a completely separate program from CSA. Additionally, PSP contains 3 years of inspection reports and 5 years of crash reports; however, it does not provide a rating, score, or formal assessment of any kind. Drivers are encouraged to obtain and review their PSP report before applying for new jobs and request a review of any potentially inaccurate data through FMCSA’s DataQs program. While the PSP is not part of CSA, the safety data accessible through PSP is the same data that the DSMS and enforcement staff use during motor carrier investigations. For more information about PSP, visit FMCSA’s PSP Website at psp.fmcsa.dot.gov. For more information about DataQs, visit dataqs.fmcsa.dot.gov.
Will FMCSA use CSA to remove CMV drivers from their jobs?
NO CSA does not give FMCSA new authority to remove drivers from their jobs and DSMS information is not publicly shared in the way that motor carrier safety data is today. Other important facts related to driver employment are outlined below.
- Carriers will not inherit any of a newly hired driver’s past violations. Only those inspections and crashes that a driver is involved in while operating under a carrier’s authority can be applied to a carrier’s SMS data.
- Similar to the previous system, SafeStat, tickets or warnings that drivers receive while operating their personal vehicles do not count in the new SMS.
- Neither FMCSA nor CSA restricts drivers based on BMI, weight, or neck size.
- Drivers should review current and potential motor carrier employers’ SMS data which is located at http://ai.fmcsa.dot.gov/sms. Drivers and carriers with strong safety histories stand to benefit from the new compliance and enforcement program.
Can FMCSA use CSA to revoke a driver’s commercial driver’s license (CDL)?
NOCSA does not give FMCSA the authority to revoke a CDL. Only state agencies responsible for issuing CDLs have the authority to suspend or revoke them.
The CDL Program is completely separate from CSA. FMCSA has developed and issued standards for the testing and licensing of CDL holders. These standards require states to issue CDLs only after the driver has passed knowledge and skills tests related to the type of vehicle the driver expects to operate.
The data kept by a state (i.e. tickets, citations, written warnings, convictions) and the data that are kept by the Federal government and used in the DSMS (i.e. violations from roadside inspections and crash reports) are separate. Drivers can review their state data by requesting their Motor Vehicle Record (MVR). Drivers may review the data kept by the Federal government through the PSP program referenced above and may request a review of the Federal data through FMCSA’s DataQs system (dataqs.fmcsa.dot.gov/login.asp).
How does CSA affect a motor carriers’ employment of CMV drivers?
Under CSA, FMCSA continues to hold motor carriers responsible for the safety performance of the drivers they employ. This is a longstanding FMCSA position and is not unique to CSA. All inspections and crashes that a driver receives while under the authority of a carrier will remain part of the carrier’s SMS data for two years unless overturned through the DataQs system, even if the carrier terminates the driver.
FMCSA’s CSA website is the official resource for information about this new safety program. We encourage drivers and all stakeholders to visit the CSA Website http://csa.fmcsa.dot.gov and sign up to receive regular updates by email at csa.fmcsa.dot.gov/stay_connected.aspx.
Know the facts, be prepared.
CSA Web Team
USDOT/Federal Motor Carrier Safety Administration
This professional truck driver was formerly known as Tony Blake. He is a graduate of Yale University, and is a full time driver now.
I just wanted to take a moment and remind all of you that this is the time of year for the scam artists to come slithering out of the woodwork!
I got a call today from a man named David Greene. He claims to be the Director Of Driver Operations with Con-Way Transportation. He gave the phone number 702-542-3175. (My first tip-off. All the scam numbers I seem to get have the 702 prefix). He claimed that they were looking for 6 drivers from our area immediately, and 14 more very soon. Four weeks of training pay at $450, .32 per mile, out 14 days and home 4, and very interested in women drivers. I have contacted Amanda Dunkle at Con-Way (she's included in the thread) and confirmed that there is no one working at Con-Way by that name.
I am almost POSITIVE that this is the same man that contacted me last spring, and claimed to be Joseph Greene, with US Express. He tried unsuccessfully to get one of our students to Western Union him $450, and claimed a local trainer would pick him up once money was received. (Police were trying to track him but were unable to do so).
Please forward this warning to all public and private schools that you associate with.
Coordinator-Truck Driver Training
Thanks for the heads up!
New! Easy CDL Hazardous Materials Endorsement Review
If you've got an iPhone, iTouch or iPad, check out our latest app: BUMPER TO BUMPER ® Easy CDL Hazardous Materials Endorsement Review. Our first app was so well received (it got four and five stars from users), we decided to do another. We heard that applicants for the Haz Mat Endorsement are especially nervous about that written test. The Easy CDL Haz Mat app is a great test prep aid. Nine "lectures" cover the information that endorsement applicants must know and the audio feature makes reading more enjoyable. Over 200 multiple-choice test questions give the student lots of practice. There's even a bonus Glossary of haz mat terms.
Look for the Easy CDL Haz Mat app and our first app, BUMPERTOBUMPER® Easy CDL, in the iTunes store or go to Study By App on the Internet. We'd love to hear your reactions (one reviewer called our first app "awesome"). You can also leave your comments right on the iTunes Easy CDL pages. And yes, we plan to do a third app before the year is out.
Final Rule on the Commercial Driver Learner's Permit
A final rule has been issued on the Commercial Drivers Learner's Permit. It will have impacts on schools, third-party and bilingual testing as well as license applicants. John attended a Webinar with AAMVA's Kevin Lewis and wrote up a great summary. See it on our blog.
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Check out the Latest "How to..."
We've been writing short "how to" pieces for publication on various Web sites. They're falling into two categories, Driving Skills and How to Get a CDL. Our latest "How to Get a CDL" story is "Tips for Passing Your CDL." Other CDL-related stories are "How to Get a Commercial Driver's License in Mississippi" and "How to Get a CDL in Nebraska."
Our "skill" how-tos are "How to Back Up a Trailer Safely," "How to Hook Up Tractor-Trailer Doubles," "How to Climb into a Truck Cab," .. . "How to Test Trailer Air Brakes for Leaks," "How to Adjust Fifth Wheel Trailer Height" and "How to Hook Up a Tractor Protection Valve."
Check 'em out. Just click on the links to view the stories. You can easily email them, share them and even print them out using the buttons at the top right of the Web pages.
Check our Web site www.bumper2bumpertruckbook.com, or our blog at www.cdlbookblog.com. Just go to the Free Stuff page on our blog and click on the orange-and-white RSS Feed logo to subscribe. You can leave comments or suggestions there, too. And, follow us on Twitter at http://twitter.com/redwritertx for updates.
For more information contact: Devorah Fox
ph: 361-749-4007, fax 361-749-4009
FOR IMMEDIATE RELEASE
“EASY CDL HAZARDOUS MATERIALS ENDORSEMENT REVIEW” APP DEBUTS
PORT ARANSAS, Texas – Easy CDL Hazardous Materials Endorsement Review, an app for the iPhone, has just debuted in the Apple iTunes App Store. The Hazardous Materials Endorsement Review follows on the heels of BUMPER TO BUMPER© Easy CDL, the first iPhone app developed by Mike Byrnes and Associates, Inc., publishers of BUMPER TO BUMPER®, The Complete Guide to Tractor-Trailer Operations and other commercial motor vehicle driver training materials, and produced by StudyByApp, LLC, an educational software development company that develops apps for the iPhone, iTouch and iPad. Easy CDL Hazardous Materials Endorsement Review sells for $2.99 and can be obtained via the Study By App Web site at www.studybyapp.com or from the iTunes store at http://itunes.apple.com/us/app/easy-cdl-hazardous-materials/id436098704?mt=8.
Easy CDL Hazardous Materials Review’s nine units recap all the topics that applicants must study to get a Hazardous Materials Endorsement on their Commercial Driver's License Test. It offers over 200 practice multiple-choice test questions and includes a bonus Glossary. The answers to the test questions are included in the app as are explanations as to why those answers are correct. According to the reviewers who gave BUMPER TO BUMPER© Easy CDL four and five stars, the audio "lecture" that accompanies each of the units makes prepping for the CDL tests more enjoyable.
DOT Safety Regulation Update Fast-Fax™
Week of May 9, 2011
Foley Services Your Single Source for DOT Compliance
Agency will only consider comments on four driver fatigue-related documents it recently added to the public docket.
After last week’s issue of Fast-Fax was put to bed, the Federal Motor Carrier Safety Administration announced that it was reopening the comment period on its hours-of-service proposal. According to a notice published in the May 9th issue of the Federal Register, the comment deadline is June 8, 2011.
Four Studies Added to Docket
In the notice, FMCSA explained that it would only consider comments on four documents it just added to the public docket. Following is a brief summary of each of the four studies FMCSA is soliciting public comments on:
(1) The Impact of Driving, Non-Driving Work, and Rest Breaks on Driving Performance in Commercial Motor Vehicle Operations, a May 2011 report prepared by Virginia Tech Transportation Institute’s Center for Truck and Bus Safety and sponsored by the U.S. Department of Transportation. The researchers assessed activities performed by CMV drivers during the 14-hour workday and investigated the relationship between safety-critical events (SCEs), driving hours, work hours and breaks.
(2) Hours of Service and Driver Fatigue-Driver Characteristics Research, a May 2011 report prepared by Penn State University’s Larson Transportation Institution and sponsored by the U.S. Department of Transportation. Researchers compared carrier-supplied driver logs for periods of one to two weeks before a crash to a random sample of non-crash-involved drivers from the same company, terminal and month. The data showed a “consistent increase in crash odds as driving time increases” and that breaks reduced crash odds.
(3) Analysis of the Relationship Between Operator Cumulative Driving Hours and Involvement in Preventable Collisions, a paper originally submitted to the Transportation Research Board in November 2010. The study examines the influence of bus operator driving hours on the occurrence of preventable collisions. The researchers used several analytical methods and employed data from incident reports and operator schedules. They concluded that on average bus drivers involved in preventable collisions drive more than six hours more than the general bus driver population.
(4) Potential Causes Of Driver Fatigue: A Study On Transit Bus Operators In Florida, another paper submitted to the Transportation Research Board in November 2010. The researchers employed questionnaire surveys, incident data archived by transit agencies and bus driver schedules to determine the relationship between crash involvement and operator schedules. Their study revealed that individuals working split schedules are more susceptible to fatigue than those working straight schedules.
How to Comment
A Review of FMCSA’s Proposed Changes
FMCSA’s hours-of-service proposal includes some hotly contested changes to the current regulatory requirements. Here are some of the highlights:
- FMCSA proposed to retain the 34-hour restart provision that allows drivers to restart the clock on their weekly 60 or 70 hours by taking at least 34 hours off-duty. The hitch: The restart period must include two consecutive off-duty periods from 12 a.m. to 6 a.m. Also, drivers would be allowed only one restart per seven-day period.
- The proposal called for a 14- hour workday that includes at least a one-hour break. As a result, drivers will have a maximum of 13 hours to complete all on-duty work-related activities.
- The agency said it was leaning towards adopting a 10-hour limit on daily driving time, but solicited comments on whether drivers should be limited to 10 or 11 hours.
- The proposal also includes the option of extending a driver’s daily shift to 16 hours twice a week to accommodate loading and unloading issues.
How to Learn More
To access Foley’s free Hours-of-Service 2011 training, visit our online store at http://www.foleyservices.com/store. Hours-of-Service 2011 is listed as the first product in the Best Sellers category. In order to view the training, you will need to add the item to the shopping cart and follow the instructions to complete the transaction. There is absolutely no charge for viewing this training, and you will not be required to enter credit card information.
If you have any questions about the training or the proposed changes, please call a Foley compliance specialist at 1-800-253-5506, ext. 0869.
NY Congressman Reintroduces ‘Jason’s Law’. This week Congressman Paul Tonko (D-NY) reintroduced “Jason’s Law,” a bill aimed at increasing safe truck parking facilities across the country. The bill would allocate $120 million over the next six years for safety improvements to rest areas and truck stops across the country.
Like most safety initiatives, “Jason’s Law” was born out of tragedy. The effort is named after Jason Rivenburg, a trucker from Schoharie County, NY, who was murdered two years ago in South Carolina. Rivenburg parked at an abandoned gas station because he couldn’t find safe parking near the facility where he was scheduled to deliver his load the next morning. Since his tragic death, Rivenburg’s family has made several trips to Washington, D.C., to advocate for “Jason’s Law.”
Representative Erik Paulsen (R-MN) has signed on as a co-sponsor of “Jason’s Law.”
Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 686 • © Foley Carrier Services, LLC. 2011
From: Daniel Kasper
Allstate Career School
Our Lester Campus recently received a call from a "Supposed Employer" that was trying to hire graduates for Martin Transport. Unknowingly, this call came from a Las Vegas, Nevada pay phone (702-384-9047). The Scammer was attempting to represent himself as a Recruiter for Martin Transport, and provided us with all of the seemingly normal information in accordance with an OTR Class A Driver position.
The Scammer's name was Danny Mayo. Danny stated that the position paid $450.00 a week for the first 4 weeks training, then 30 cents a mile after that. You would work 14 days out, 4 days home covering 48 states. They were accepting felonies older than 5 years, and DUI's older than 3 years. So, as you see this position sounded like a genuine opportunity. He then requested students call him immediately about the opportunity. Students were referred as they would be for any opportunity. Luckily, a red flag went up for one Student when the caller asked for his social security number and personal information, then requested that he go to Western Union to transfer money for a bus ticket out to the company. The Student notified All State immediately and we are handling the situation. Don't be a victim!
Things to look out for:
- Do Not give out personal info such as social security numbers over the phone without having filled out a valid application first.
- Valid companies will not ask for money up front for travel expenses. Never send money!
- If a "Recruiter" sounds to URGENT and skips steps in the process be wary.
- If the opportunity is too good to be true, it probably is, trust your instincts!
Thanks for the heads up!
DOT Safety Regulation Update Fast-Fax™
Week of May 2, 2011
Foley Services Your Single Source for DOT Compliance
After more than 20 years of proposals, the Federal Motor Carrier Safety Administration published a Final Rule establishing a minimum standard that States must adhere to when issuing Commercial Learner’s Permits (CLPs).
FMCSA announced this week that it has finally published a Final Rule to create a Federal minimum standard that States must adhere to when issuing a Commercial Learner’s Permit (CLP).This issue was first broached before FMCSA even existed, way back in 1990.
FMCSA published a Notice of Proposed Rulemaking in 2008 — a subject Fast-Fax covered in issue 534. The Final Rule is far-reaching and changes 49 CFR Parts 383, 384 and 385. States will have three years to come into compliance.
CLP Knowledge and Skills Test
Before being issued a CLP, the applicant will have to complete the Knowledge and Skills Testing Requirements. This is currently only required for the CDL. Furthermore, the use of a foreign language interpreter or instruction in a language other than English during the administration of the test will be banned. This essentially limits the issuance of a CLP to English speakers.
Before issuing a CLP to an applicant, the state will be required to check the legal status of the person. This will include verifying their Social Security Number with the Social Security Administration. The applicant may also prove his identity and residency by presenting the following documentation: A U.S. passport, U.S. Birth Certificate, Certification of Birth Abroad (issued by the U.S. Department of State), Certificate of Naturalization, Certificate of U.S. Citizenship. Furthermore, a Lawful Permanent Resident may present a Permanent Resident Card, Alien Registration Receipt Card (Form I-551), Temporary I-551 stamp in foreign passport or a Reentry Permit (Form I-327).
Driver Record Check
Before issuing a CLP to a driver, the state will be required to perform a check of the driver’s record by using the Commercial Driver’s License Information System (CDLIS) and the Problem Driver Pointer System (PDPS). Once a CLP has been issued, the state will have to create a CDLIS record so that other states will be able to view the driving and licensing records of the applicant.
Other Changes To the CDL/CLP Process
FMCSA has also made several other changes to the CDL/CLP process:
- Before issuing a CLP to an applicant, the state will have to verify that the person is at least 18 years of age for intrastate commerce and at least 21 years of age for interstate commerce.
- A CLP will have to be tamper-proof to the maximum extent feasible.
- It will also be required to contain the same information as a CDL.
- Once a CLP has been issued, the holder will have to wait a minimum of 14 days before applying for a CDL.
- The state will be required to view the CLP as a separate document to the CDL or non-commercial driver’s licence.
- FMCSA will impose sanctions on states that fail to implement adequate measures to comply with these changes. Sanctions will be particularly harsh if the violations allow fraud to take place.
Regulation-watchers will have noticed that FMCSA was forced to make an unusually large number of changes to the definitions listed in the FMCSRs. It removed ‘serious traffic violation’ in its entirety. In addition, it altered the definitions for ‘commercial driver‘s license’, ‘commercial motor vehicle’, ‘disqualification’, ‘driver applicant’, ‘endorsement’, ‘imminent hazard’, ‘tank vehicle’, and ‘United States’;
Furthermore, FMCSA changed the title of the definition of ‘nonresident CDL’ to ‘Non-domiciled CLP’ or ‘Non-domiciled CDL’. All-new definitions were added for ‘CDL driver’, ‘non-CDL’, ‘commercial learner‘s permit’, ‘manual transmission’, ‘third party skills test examiner’, and ‘third party tester’.
DOT Reports Slight Up-Tick in Positive Drug Test Results. Jim Swart, Director of the Department of Transportation’s Office of Drug and Alcohol Policy and Compliance (ODAPC), introduced a short presentation at a meeting organized by the Substance Abuse and Mental Health Services Administration (SAMSHA) outlining the 2010 DOT drug and alcohol testing results.
Overall, there was a slight increase in the number of positive drug test results. Out of 5,463,833 DOT tests performed in 2010, 84,211 were positive — a 1.54% positive rate. That represents a 0.3% increase over the 2009 levels. While that doesn’t sound like much it does mean there were 1,639 more positives last year than in 2009. Doubly disappointing, the positive rate had been in decline over the last few years; steadily decreasing since 2006. Read More on The Transportation Ticker blog at www.FoleyServicesblog.com.
Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 685 • © Foley Carrier Services, LLC. 2011
- FMCSA EXTENDS HOS COMMENT PERIOD, WON’T MAKE COURT DEADLINE FOR RULE
- Our Sincerest Thanks
- FMCSA Tightens CDL Documentation, Testing Rules
- Scammer Alert! 5/4/2011
- Quick Guide To Foley’s New Phone System
- WERNER TO DEBUT PROPRIETARY TRAILER SKIRT ON EARTH DAY
- CVTA Member NTTS Turns 40
- Trafficking Gets Hollywood Attention
- Highway Hostages
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