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States target licensing of illegal immigrants

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http://www.landlinemag.com/todays_news/Daily/2011/Feb11/021411/021611-04.shtml
By This email address is being protected from spambots. You need JavaScript enabled to view it. , Land Line state legislative editor

Two states still allow illegal immigrants to obtain full-blown driver’s licenses. One more state offers a permit that allows them to drive, but not use the license as an ID. In each case, lawmakers are trying to end the practice.

In recent years, the list of states providing driver’s licenses for illegal immigrants has dropped from nine to two – New Mexico and Washington. In Utah, illegal immigrants can obtain licenses to drive, but they cannot be used as identification.

Supporters of stricter licensing rules say the current system allows for identity fraud and raises other public safety concerns.

Opponents say that cutting access to driver’s licenses would raise insurance costs because illegal immigrants wouldn’t be able to obtain insurance. The result would be many more uninsured drivers.

They also say that the purpose of a license is to show proof of the ability to drive – not be used for identification purposes.

In New Mexico, Gov. Susana Martinez said the system is a disaster waiting to happen. She campaigned a year ago on a pledge to stop letting illegal immigrants get driver’s licenses.

The governor’s administration said the change could affect 82,000 driver’s license holders in the state.

“As other states clamp down, New Mexico has become a haven for people looking to circumvent the law,” Martinez said during a recent news conference.

A House bill would require applicants to have a Social Security number to get a driver’s license... Continue to read more...

http://www.landlinemag.com/todays_news/Daily/2011/Feb11/021411/021611-04.shtml

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California Dump Truckers Sue CARB to Overturn Emission Rule

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http://www.truckinginfo.com/news/news-print.asp?news_id=73012

Calling the regulation "overreaching," the California Dump Truck Owners Association has filed suit against the California Air Resources Board challenging the legality of board's Truck and Bus Regulation.

The lawsuit, California Dump Truck Owners Association v. Air Resources Board, was filed in the U.S. District Court, Eastern District of California, Sacramento Division, on February 11.


Specifically, CDTOA asserts that CARB's regulation is unconstitutional as it is preempted by the Federal Aviation Administration Authorization Act, and seeks an injunction prohibiting CARB from enforcing the rule.


CDTOA has attempted to work with CARB for more than four years to find reasonable solutions that accomplish the goal of cleaning California's air while avoiding the needless devastation of the state's trucking industry and specifically the dump truck industry, the group said in a press release.


The group says the dump truck industry is struggling with 50 percent unemployment and rampant construction price deflation in the state. It claims enforcement of the costly emissions rule will cause incalculable damage to the construction transportation industry.


CARB, the association says, has repeatedly refused to address the association's concerns. Left with no remaining option, CDTOA has decided to pursue a solution through the courts.


"Our members are experiencing the worst economic conditions in living memory and CARB continues to place impossible regulatory burdens on them at a time they can least afford it," says Lee Brown, executive director of CDTOA. "Our members support clean air, but the air we breathe can't be more important than the people that are breathing it."


Brown says the CARB regulations would adversely affect the truckers' business model by forcing premature retirement or replacement of otherwise perfectly good assets...
Continue to read more...

http://www.truckinginfo.com/news/news-print.asp?news_id=73012

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The FMCSA will host a listening session Feb. 17

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FMCSA Hours-of-Service Listening Session

On Thursday, February 17, 2011, the Federal Motor Carrier Safety Administration (FMCSA) will hold a public listening session in Arlington, VA on its regulatory proposal that would revise hours-of-service (HOS) requirements for commercial truck drivers.

The entire listening session will be webcast live via the Internet from 10 a.m. to 5 p.m. EST to enable public participation across the country. In addition, FMCSA will host an online comment and question forum for the public starting at 12 noon until midnight EST... Continue to read more...

Details about the webcast and forum are available at: http://www.fmcsa.dot.gov/rules-regulations/topics/hos/HOS-Listening-Sessions.aspx

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CARB holds "one stop" truck regulation meetings for truckers

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The California Air Resources Board is working with local air quality districts to host “one stop” events to help explain truck regulations already being enforced in the Golden State.

The events include regulation updates, financial information, and demonstrations of truck inspections, though no actual inspections will be performed.

Suppliers of exhaust retrofits and SmartWay approved equipment will be in attendance, and financial grant application assistance is available by appointment.

The next meeting is Feb. 19 at the College of Alameda in Alameda, CA. Other events will be held March 5 in Riverside, CA; March 19 in San Mateo, CA; and March 26 in Fresno, CA.

Click here for more information.

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J. J. Keller & Associates, Inc. Responds to EOBR Proposal with Electronic Logging Solution

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News Release
February 10, 2011

Low-cost hours-of-service system helps fleets prepare for the proposed EOBR mandate

Neenah, WI – J. J. Keller & Associates, Inc., the nation’s most respected name in risk and regulatory management, is responding to the electronic on-board recorder (EOBR) proposal released by the FMCSA on January 31, 2011 by reminding carriers that the company’s electronic logging solution, powered by J. J. Keller’s Encompass™, is a cost effective answer to the proposed regulatory changes.

The electronic on-board recorder proposal from the FMCSA would mandate that all motor carriers currently required to maintain Records of Duty Status (RODS) for hours-of-service recordkeeping would be required to use EOBRs to “systematically and effectively monitor their drivers’ compliance with HOS requirements” within three years of the proposal becoming regulation. This EOBR mandate, combined with the December 2010 Hours of Service Proposed Rulemaking and the Compliance, Safety, Accountability (CSA) initiative from FMCSA, will place an exceptional burden on carriers to understand and comply with driver logging regulations.

During a recent poll of nearly 1,000 transportation professionals, J. J. Keller found that over 40% of respondents said that cost is the main reason that they are not using E-Logs. However, DOT estimates show that most carriers should actually see a cost benefit as a result of the installation and use of an EOBR solution.

J. J. Keller’s electronic logging solution is priced at $6 per driver per month, plus a one-time $199 on-board recorder fee and a monthly data plan for a mobile device. J. J. Keller’s Encompass captures and audits all of a company’s driver logs, providing online reporting and compliance information that can immediately improve fleet operations. It is the only solution on the market that provides the combination of electronic and paper log auditing to support a mixed fleet. The Encompass solution goes beyond capturing in-cab hours-of-service data by storing significant driver and vehicle data, such as driver files and vehicle maintenance records, within the web-based service.

James J. Keller, President and Chief Operating Officer at J. J. Keller & Associates, Inc., said, “As the FMCSA moves in the direction of mandating EOBRs for all drivers, J. J. Keller ‘s commitment to helping companies of all sizes comply with hours-of-service is stronger than ever. We have been helping companies comply with hours-of-service regulations since 1953 by offering log books, training, auditing services, and more – our affordable E-Log solution is an evolution of the expertise we have demonstrated to our customers for over half a century.”

J. J. Keller & Associates, Inc. will be hosting a complimentary webcast, Hours-of-Service: What you need to know, on Thursday, February 17 at 10:00AM Central Time. The webcast will take a closer look at:

  • Hours-of-Service fundamentals – the rules, who needs to follow them, and the exceptions,
  • The impact of CSA,
  • The FMCSA’s proposal – potential changes to driving time, the 24-hour restart, and the definition of on-duty time,
  • The EOBR mandate and new proposal – what could this mean for your fleet, and
  • Establishing a compliant culture within your organization.

Carriers of all sizes are invited to register for this event by visiting https://www2.gotomeeting.com/register/243016186.

To learn more about E-Logs, powered by J. J. Keller’s Encompass™, visit www.jjkellerencompass.com or call 1-888-473-4638.

About J. J. Keller’s Encompass™
J. J. Keller’s Encompass™ is the most comprehensive enterprise system available for fleet compliance. Fleets rely on Encompass to manage daily tasks such as driver hiring and qualification, alcohol and drug testing, driver training and recordkeeping, fuel tax reporting, maintenance tracking and more. Fleets can add J. J. Keller's EOBR to automate hours-of-service with E-Logs and/or generate driver performance reporting. To learn more about J. J. Keller’s Encompass™, visit
www.jjkellerencompass.com.

About J. J. Keller Business Services
J. J. Keller Business Services has been helping companies reduce risk and improve regulatory compliance since 1953. Through online and consulting services, and turnkey outsourcing, J. J. Keller Business Services can assist you in reducing accidents, offloading time consuming compliance work, and developing effective compliance programs. To learn more about J. J. Keller Business Services, visit www.jjkellerservices.com.

For more information, contact:
J. J. Keller & Associates, Inc.
Marketing Communications
Stephanie Dean
1-800-843-3174, ext. 7802
E-mail:
This email address is being protected from spambots. You need JavaScript enabled to view it.

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TRUCKS CARRY THE MOST FREIGHT IN ALMOST ALL STATES, BTS REPORTS

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http://www.thecypresstimes.com/article/News/National_News/TRUCKS_CARRY_THE_MOST_FREIGHT_IN_ALMOST_ALL_STATES_BTS_REPORTS/39955

Trucking is the predominant mode used by businesses to ship freight in almost all states, according to State Summaries: 2007 Commodity Flow Survey from the Department of Transportation’s Bureau of Transportation Statistics (BTS).

BTS, a part of the Research and Innovative Technology Administration, reported thatat least 60 percent of the total value of shipments for 42 states and the District of Columbia in 2007 was carried by trucks alone. By weight, trucks transported at least 60 percent of shipments originating in 40 states, including the District of Columbia.

The Commodity Flow Survey (CFS) is conducted as part of the Census Bureau’s Economic Census, occurring every five years. It is the primary source of national and state-level data on domestic freight shipments in the United States. Based on information from approximately 100,000 businesses, the CFS measures domestic freight flows from establishments in mining, manufacturing, wholesale, and selected retail industries, as well as shipments from auxiliary establishments. The 2007 CFS was undertaken through a partnership between BTS and the Census Bureau.

States by Value

In the South, eight states and the District of Columbia had more than 80 percent of the value of originating shipments transported by trucks. Only in Louisiana and Texas did trucks carry less than 60 percent of the freight. In the Northeast, New Hampshire was the only state where trucks carried less than 70 percent. The states in the West generally had the lowest percent of freight carried by trucks. Six states in the West had less than 60 percent of originated freight by value transported by truck, and trucks carried more than 70 percent only in Arizona and Nevada. See the report for a map with percentages for all states.

States by Weight

In all Northeast states, trucks carried more than 75 percent of the originating freight by weight. In contrast, in the West, trucks carried more than 75 percent in only four of 13 states. Trucks carried less than 50 percent by weight in North Dakota, New Mexico, Louisiana, Montana, West Virginia, and Wyoming. Trucks still carried the most freight in those states, except for Montana, West Virginia, and Wyoming, where rail was the predominant mode. Only 5.6 percent of Wyoming freight by weight was transported by truck. See the report for a map with percentages for all states.

Other Highlights

American businesses covered by the CFS shipped about $11.7 trillion worth of goods in 2007, weighing 12.5 billion tons and generating 3.3 trillion ton-miles. Trucking continued to dominate the nation’s movement of freight, accounting for 71 percent of the value ($8.3 trillion), 70 percent of weight (8.8 billion tons), and 39 percent of the ton-miles (1.3 trillion ton-miles).

Among the goods shipped, electronic and office equipment was the commodity with the highest value at $1.0 trillion. Gravel and crushed stone was the largest commodity by weight at 2.0 billion tons. Coal was the commodity accounting for the most ton-miles with 836 billion in 2007.

The report, available on the BTS website, summarizes and highlights freight shipments for each of the 50 states and the District of Columbia. It provides tables for each state’s value and weight of shipments, major commodity shipped, mode of transportation used, distance shipped, state of origin, state of destination, and industry. CFS data in its entirety for 2007 is available through the Census Bureau’s American FactFinder at www.census.gov.

http://www.thecypresstimes.com/article/News/National_News/TRUCKS_CARRY_THE_MOST_FREIGHT_IN_ALMOST_ALL_STATES_BTS_REPORTS/39955

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FMCSA To Force 500,000 Carriers To Use EOBRs

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DOT Safety Regulation Update Fast-Fax™
Week of January 31, 2011
Foley Services Your Single Source for DOT Compliance

FMCSA publishes a NPRM mandating that interstate long-distance carriers use electronic logbooks.

Earlier this week, the Federal Motor Carrier Safety Administration (FMCSA) released a Notice of Proposed Rulemaking (NPRM) that would require interstate commercial truck and bus companies to install electronic on-board recorders (EOBRs) to monitor their drivers’ hours-of-service (HOS) compliance.

This wide-sweeping proposal is expected to impact approximately 500,000 carriers, according to DOT estimates.

Who Does the Rule Cover?

In the NPRM, FMCSA is proposing that all interstate carriers who currently use Records of Duty (RODS) logbooks to document drivers’ HOS be required to use EOBRs. Those carriers who do not meet these criteria currently would not be required to implement an EOBR. This includes those who are covered by the 100- and 150-airmile exemptions. Intrastate motor carriers would also not be covered by the new regulations.

Proposed Punishments

Carriers found to be in violation of the EOBR requirement would face civil penalties of up to $11,000 for each offense. Non-compliance would also negatively impact a carrier’s safety fitness rating and could put their DOT operating authority at risk.

In addition to punishment for not having an EOBR, motor carriers could also be punished for tampering with or modifying an EOBR. A part of this anti-tampering effort would include a ban on electronic-jamming devices.

In a nod towards practicality, FMCSA will give carriers three years after the Final Rule is published before they begin enforcing the new rule.

What is an EOBR?

An EOBR is quite simply, a digital log book. It is an electronic device that records a driver’s duty time and location. These devices must meet stringent specifications. As FMCSA did not include a new definition of an EOBR nor new specification requirements, it is safe to assume that the EOBRs that they will be requiring to be installed will meet the specifications currently detailed in 49 CFR Part 395.16.

Hours-of-Service NPRM

This is the second NPRM concerning an aspect of the hours-of-service regulations to be released in the last six weeks. In late December, FMCSA released the latest proposal for ammending the always controversial regulations.

Under the proposal — still open for comments — the following would replace the current rules:

  • The proposal retains 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 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 calls 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 is leaning towards adopting a 10-hour limit on daily driving time, but is soliciting 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.

Listening Session

With these two issues — forcing carriers to buy expensive EOBRs and the always unpopular hours-of-service regulations — the special listening session Fast Fax first reported in last week’s issue should be especially interesting (if not a little volatile).

The listening session will be held on February 17 in Arlington VA. Attendees can also listen in online. Details on how to attend can be found in the Transportation Ticker sidebar.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 672 • © Foley Carrier Services, LLC. 2011