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FMCSA Reopens Hours-of-Service Comment Period

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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

The quickest and easiest way to submit a comment is by visiting the Federal eRulemaking Portal: www.regulations.gov. Insert ‘‘FMCSA-2004-19608’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ Select “Hours of Service of Drivers” in the results menu to open the Docket Folder. When the new screen appears, click on ‘‘Submit a Comment’’ in the upper right corner. To request links to the full reports or information on other methods to submit your comments, please send an email request to This email address is being protected from spambots. You need JavaScript enabled to view it. .

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.

Transportation Ticker

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

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Scammer Alert! 5/5/2011

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From: Daniel Kasper
Allstate Career School

SCAMMER ALERT

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:

  1. Do Not give out personal info such as social security numbers over the phone without having filled out a valid application first.
  2. Valid companies will not ask for money up front for travel expenses. Never send money!
  3. If a "Recruiter" sounds to URGENT and skips steps in the process be wary.
  4. If the opportunity is too good to be true, it probably is, trust your instincts!

Thanks for the heads up!
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FMCSA Establishes Minimum Standards for CLPs

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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.

Legal Status

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.

Definition Changes

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’.

Transportation Ticker

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

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FMCSA EXTENDS HOS COMMENT PERIOD, WON’T MAKE COURT DEADLINE FOR RULE

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ccjdigital.com/fmcsa-extends-hos-comment-period-won%E2%80%99t-make-july-26-deadline-for-rule
By CCJ STAFF
Published May, 06 2011

The Federal Motor Carrier Safety Administration announced Friday, May 6, that it has placed four additional documents in the public docket of its December 2010 notice of proposed rulemaking concerning hours of service for commercial motor vehicle drivers and that it was reopening the NPRM’s comment period for 30 days to allow for review and discussion of the documents and FMCSA’s possible consideration of their findings in the development of the final rule.

FMCSA also said that because of the comment period’s extension, it will be unable to issue the final rule by a court-negotiated deadline of July 26. The agency said only comments related to the four additional documents will be considered during the 30-day extension. The four studies are:

FMCSA also advised the public of an adjustment to the rulemaking schedule previously agreed to in litigation before the U.S. Court of Appeals for the District of Columbia Circuit (Case No. 09-1094). Pursuant to an Oct. 26, 2009 agreement between Public Citizen, other petitioners and FMCSA, the agency was to publish a final rule within 21 months of the date of the settlement agreement.

FMCSA said the extra comment period for the four additional documents will require additional time that was not envisioned in 2009 and that it will be unable to publish a final rule by the previously agreed-upon date of July 26, 2011. The agency said it has advised petitioners of the delay to the rulemaking schedule.

To comment on the four additional documents, go to www.regulations.gov; the docket number is FMCSA-2004-19608. The deadline to file comments is June 9.

ccjdigital.com/fmcsa-extends-hos-comment-period-won%E2%80%99t-make-july-26-deadline-for-rule

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Our Sincerest Thanks

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facebook.com/notes/randall-reilly-business-media-information/our-sincerest-thanks/211118798906201
This article is posted on Randall Reilly's Facebook.

Mike ReillyAs we resume our normal business hours today, we cannot thank our friends and customers enough for the outpouring of love and support in the aftermath of the massive tornado that ravaged Tuscaloosa, Ala., on April 27, 2011. Please understand that if we fail to respond quickly to your notes of concern, it is because our associates are out in the community assisting with the recovery efforts.

We are extremely grateful to report that all 350 Tuscaloosa-based members of our Randall-Reilly family have been accounted for. Although many suffered property damage, there is no loss of life or serious injury within our immediate Randall-Reilly family and there is no damage to our facilities. We are, however, saddened in the knowledge that many in our community and other areas of the Southeast have not been so fortunate.

We know that those of you who have visited us for Alabama football weekends, Symposiums and the Bubba Masters are especially saddened to see the devastation wreaked on our beautiful community. Friends around the world have let us know your hearts are with us and have asked how they can help. For information on assisting Tuscaloosa in its recovery efforts, please visit our Facebook page www.facebook.com/randallreilly. And perhaps most importantly, we ask that you continue to keep us in your prayers.

In the words of legendary Alabama football Coach Paul Bear Bryant: “You never know how a horse will pull until you hook him to a heavy load.” The residents of Tuscaloosa affected by this tragedy face a heavy burden and one that will not be soon lifted. But the American spirit that lives within all of us is resilient and strong. We are confident that through hard work, faith, and the continuing support of our neighbors and friends, Tuscaloosa will rebuild.

Mike Reilly, Chairman, President and CEO,
Randall-Reilly

facebook.com/notes/randall-reilly-business-media-information/our-sincerest-thanks/211118798906201

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FMCSA Tightens CDL Documentation, Testing Rules

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ccjdigital.com/fmcsa-tightens-cdl-documentation-testing-rules
By CCJ Staff
Published May, 05 2011

Click here for the actual final rule.The Federal Motor Carrier Safety Administration on Thursday, May 5, issued its final rule amending the commercial driver’s license knowledge and skills testing standards and establishing new minimum federal standards for states to issue a commercial learner’s permit. FMCSA said the final rule will enhance safety by ensuring that only qualified drivers are allowed to operate CMVs.

“These new requirements we are announcing today will help ensure that carriers and drivers are in full compliance with federal safety regulations,” U.S. Transportation Secretary Ray LaHood said at a press conference while standing beside motorcoach buses parked at Nationals Park in Washington, D.C., to highlight how the rule also will improve passenger bus safety.

The final rule requires that a CLP holder meet virtually the same requirements as those for a CDL holder, meaning that a driver holding a CLP will be subject to the same driver disqualification penalties that apply to a CDL holder. The rule also specifically prohibits a motor carrier from using a driver who does not hold a current and appropriate CLP or CDL to operate a commercial motor vehicle and from using a driver to operate a vehicle in violation of the restrictions on the CLP or CDL.

“These measures will help us to better identify and swiftly weed out unsafe and irresponsible operators,” FMCSA Administrator Anne Ferro said at the press conference.

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Scammer Alert! 5/4/2011

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From Todd Hyland
Placement Director
Smith and Solomon

I wanted to forward some information to you.  I took a call at our Cherry Hill, NJ school today from a Danny Ford who said he was with US Xpress.  He said he needed to fill 6 opening for US Xpress right away and just kept asking if I had anyone who I could forward to him.  He said his phone number was 702-384-9047

I didn't have a great feeling about this guy so I called US Xpress recruiting to verify whether or not he was their employee.  They stated they had no recruiter by that name.

I just received an email from our Bordentown, NJ campus and they stated that a Danny Ford called them only this time he was with Schneider.

This is obviously a scam.  Our Caller ID showed his number as Spring Valley Hospital.

Just wanted to get this info out to you.