DOT Safety Regulation Update Fast-Fax™
Week of February 20, 2012
Foley Services Your Single Source for DOT Compliance
In response to pleas for clarity, FMCSA has published a guide to using log books as a means to explain the new Hours of Service rules.
Over the last two months, both in Fast-Fax and on the Transportation Ticker Blog, we have tried to explain the new hours of service rules. We’ve found there to be a great deal of confusion still regarding a number of aspects of the new rules. It seems that this confusion is universal as FMCSA has published a guide to using log books as a means to demonstrate how the new rules will work when they go into effect in 2013.
In this issue we will highlight the guidance for the issues we had the most questions about; Rest Breaks and the 14-hour driver limit. There are many more examples; we have made the entire guide available to you on the Transportation Ticker Blog at www.FoleyServicesBlog.com.
This example shows the consecutive hours of driving and necessary rest breaks. A driver may drive only if 8 hours or less have passed since the end of the driver’s last off-duty period of at least 30 minutes.
“In this example, beginning with the start of the driving window at 10:00 a.m. on Day 1, the driver was on duty for 1 hour, drove for 2 hours, was on duty for 3 hours, and then drove 2 more hours – totaling 8 hours (combined driving and on-duty time). At 6:00 p.m. on Day 1, the driver takes the required minimum 30-minute off-duty break, then goes back on duty for ½ hour, and completes the 14 hour “window” at 12:00 Midnight with 4 hours of driving and 1 hour of on-duty time.”
14-Hour Driving Window
This is an example of the 14 consecutive-hour “driving window.” Under this rule, the driver may drive for 11 hours but only within a 14-hour window. After 14 hours he or she must go off duty even if they haven’t driven 11 hours yet.
“After 10 consecutive hours off duty, the driver had 14 hours available and started his/her driving window at Midnight on Day 1. At 2:00 p.m., the driver had reached the end of the 14-hour window (10 hours driving; 3 hours on duty; 1 hour off duty). The driver may not drive a CMV once he or she has reached the end of the 14 consecutive-hour period (unless a 16-hour day is available [Section 395.1(o)]), and in this example the driver goes off duty for the required 10 consecutive hours starting at 2:00 p.m. on Day 1.”
Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 726 • © Foley Carrier Services, LLC. 2011
From David L. Johnson, America's Driving Force
I hope that this finds you all doing well. Even though we are not members ( I wish) I just thought that I would share this with you.
We had a call from Johnny Griffin who said he was with Willey Sanders and needed drivers. The phone number he gave was 850-597-2262. When a student called him back he wanted $400.00. The student hung up and reported it to me.
David L. Johnson
America's Driving Force
This year’s CCJ Innovators Summit was held February 8-10, 2012 in Duck Key, Fla., where the Innovator of the Year Award was presented to American Central Transport (ACT) of Liberty, Mo. ACT is a truckload carrier serving major shippers throughout the eastern half of the U.S.
J. J. Keller President/CEO James J. Keller and his wife Rosanne attended the event on behalf of the company. This year marked the fifth year that J. J. Keller has sponsored the event.
"We were very pleased with our reception and the fact that all of the Innovator nominees were also J. J. Keller customers,” said Keller. “We spent quality time getting to know these Innovator companies — it was a real learning experience."
American Central Transport received the award for its innovative driver recruiting program and pay model. The company developed the ACTivate Careers Program targeting returning military veterans and former drivers. It also initiated a performance-based driver pay system in which company drivers are paid by performance in five categories: utilization, fuel economy, safety, service, and route compliance.
For more information, visit jjkeller.com/innovator.
About J. J. Keller
J. J. Keller & Associates, Inc.® was established in 1953 and has become the nation’s most respected name in risk and regulatory management. The company employs over 1,100 associates and serves over 350,000 customers including more than 90% of the Fortune 1000. J. J. Keller's broad product and service line includes DVD and online training programs, online management tools, outsourced services, consulting, mobile technology, subscription services, printed publications, custom solutions, forms and supplies. These diverse product offerings cover over 1,500 topics, including CSA, hours of service, vehicle inspection and maintenance, driver qualification, and hazardous materials. For more information, visit jjkeller.com.
For more information, contact:
Corporate Marketing Communications Specialist
J. J. Keller & Associates, Inc.®
1-800-843-3174, ext. 7050
To visit J. J. Keller's Press Room, click here.
February 27, 2012 by Ray LaHood
Fast Lane, The Official Blog of Secretary of Transportation
I can't say it enough: If we want an economy that's built to last, it must run on the wheels of a transportation system that's built to last. We need to fix our roads and bridges; where it makes sense, we need to expand roads, rails, and runways; and where we can't expand existing systems, we need more effective ways to get people and products from place to place.
We have a lot of work to do, and--from engineers to heavy equipment operators to flagmen--we have Americans ready to do it. But, ultimately, short-term extensions of highway funding will not get it done.
America needs a long-term transportation bill that maps out a solid course for moving forward.
President Obama knows it; the professionals at DOT know it; and the members of the Association of American State Highway and Transportation Officials (AASHTO) know it. This week, AASHTO members representing aviation, highways, public transit, rail, and waterways are in Washington, DC, to discuss with their Members of Congress the critical role that transportation plays in securing a good quality of life and sound economy for our nation. And they will impress upon their legislators the need to pass a long-term transportation bill.
AASHTO members work hard in all 50 states, the District of Columbia, and Puerto Rico to keep America moving. They are on the front lines of transportation, and I can't thank them enough for coming to Washington to share with Congress our nation's urgent need for a long-term vision.
My message to them was simple: Think about the America that is within our reach if we keep working, if we keep pushing, if we keep fighting.
The budget President Obama proposed earlier this month will help us get to that America. It offers a detailed vision for a six-year transportation plan that will put our friends and neighbors to work right away building the integrated national transportation system this country needs.
Of the President’s $476 billion proposal, $305 billion would fund road and bridge improvements--that's a 34 percent increase over the previous authorization.
The President proposed that we cut government red tape so we can start good projects faster by consolidating more than 55 highway programs into five and merging five transit programs into two.
The plan creates a Transportation Rapid Response Team with senior staff from more than 11 agencies to help fast-track projects through contracting and permitting so workers can get on the job sooner and people can benefit from projects more quickly.
And “Buy America” requirements will reward companies that do work and employ people here in the United States.
All across this country, there are workers ready to roll up their sleeves and get back on construction jobsites. All across this country, there is work to be done on important projects. Now is the time to connect the people who need work with the work we need to do.
This week, AASHTO representatives will carry a similar message to their Members of Congress. They know that whether you’re a local transportation official, a transportation worker, or one of the millions of Americans who relies on our roads, bridges and runways every day, transportation gets all of us where we need to go, delivers food from farmers to all of our families, and connects us all with the products we need.
Transportation makes a tremendous difference in all of our lives, and together we can make it even better. Together, we can forge a transportation system built to last that supports an America built to last.
February 23, 2012 by Ray LaHood
Fast Lane, The Official Blog of Secretary of Transportation
At DOT, we are very proud of our special family. But this time, I don't mean the terrific public servants who work hard day in and day out to keep our nation moving safely and efficiently. No, I'm talking about the one family that literally puts their bodies on the line to make sure the vehicles on our roadways are safe--the crash test dummies of the National Highway Traffic Safety Administration.
And, as with other families, the kids in NHTSA's safety family have been growing. So this week, NHTSA introduced the newest addition to the family of crash-test dummies, a 10-year-old.
The Hybrid III 10-year-old size child test dummy -- known to the rest of the family as HIII-10C -- weighs 77.6 pounds and has a sitting height of 28 inches. HIII-10C is the best tool currently available for measuring the risk of injury to a child using a higher-weight child restraint system in the event of a vehicle crash.
It's good news that manufacturers are making more car seats and boosters than ever before designed to keep older and heavier children safer on our roadways. But, that also means evaluating restraint systems for children in the 8- to 12-year-old age range has become increasingly important. HIII-10C gives us a great way to do that.
H3-10C seatedWe developed HIII-10C together with new safety seat requirements that were updated to keep pace with the latest research and child restraint technologies. The final rule issued by NHTSA this week amends the current federal child safety seat standard to include car seats and boosters specified for children weighing more than 65 pounds and up to 80 pounds.
The expanded standards use HIII-10C to evaluate how well these higher-weight restraint systems manage crash energy. They also use it to see whether an older child's safety seat's structure stays intact in a crash. As NHTSA Administrator David Strickland said, "Our new dummy is an excellent addition to NHTSA's extensive child seat compliance testing program and enables the agency to gather the best data yet on the performance of higher-weight child seats."
Last year, NHTSA recommended that parents and caregivers keep children in a car seat with a harness for as long as possible, up to the height and weight specifications of the seat. NHTSA also recommends that children ride in a booster seat until they are big enough to fit in a seat belt properly. Typically, that doesn't happen until a child is somewhere between 8-12 years old and about 4 feet 9 inches tall.
There is only one goal in this new guidance: to keep America's children as safe as possible on our roadways. And we're happy to welcome HIII-10C to our special safety family to help us further pursue that important mission.
DOT Safety Regulation Update Fast-Fax™
Week of February 13, 2012
Foley Services Your Single Source for DOT Compliance
The much needed Transportation Funding Bill has hit Congress and ground to a halt in the partisan gridlock. We look at what is being considered and what has already been rejected.
The latest Transportation Funding Bill got off to an inauspicious start last week after Secretary of Transportation Ray LaHood publicly called it “the worst“ bill he had ever seen “during 35 years of public service.
Unfortunately, things seem to have gotten worse from there. Despite the great need for highway repair, it looks like, for the foreseeable future, that transportation funding will have to wait. The quest to replenish the Highway Trust Fund, it would appear, has been caught in the partisan gridlock that has paralyzed Congress in recent years.
What’s Up For Debate?
Up until the most recent Congress, what’s being debated was actually fairly routine. Congress is supposed to be authorizing funding for the Highway Trust Fund. The HTF is the fund from which money for construction, repair and improvements for the nations highway system is pulled. The HTF also pays for road safety agencies, enforcement and education drives.
The situation, however, is a little more delicate than it might appear. Over the years, the Highway Trust Fund has become steadily more complicated.
For one, funding for highways is not even among states; many states pay more to the Federal government than they receive. Others receive much more than they pay. As a general rule, states with higher populations, such as New York pay more than they get and states with smaller populations such as Kansas pay less than they get. This is a practical solution for a country the size of ours but it has tended to make the bills (1) more partisan and (2) more prone to so-called ‘pork’.
Another complication is that for the last few decades a percentage of the HTF has gone to ‘alternative’ means of transportation. This includes transit such as bus and subway systems and projects like bike paths. Depending on who you ask, that measure is either pork or sensible policy.
The 2012 Fight
That debate is largely what has derailed the 2012 authorization bill. The House Republicans have written a bill that would provide $260 billion to the highway trust fund but remove all funding for other means of transportation. That funding would have to come out of the general fund. The House bill would also authorize oil drilling in a number of previously restricted areas, such as the Arctic National Wildlife Refuge in Alaska as a means to pay for the extra expenditure.
For a short while, the bill also included a proposal that would increase the size and weight allowances of trucks. This received a great deal of interest from the industry but was ultimately rejected in the committee stage of the debate.
The Democrat controlled Senate, on the other hand, has written a $109 billion bill which does include alternate means of transportation but does not include extra projects such as oil drilling. The Senate bill has received the endorsement of the Obama Administration. The President had asked earlier for $50 billion in infrastructure improvement funding.
Furthering the difference, the House Bill would provide funding for 5 years, the Senate bill would provide funding for only 2 years.
What’s Going to Pass?
Probably neither; the House bill has come under the most criticism as even some Republicans have balked at the price tag. The bill has come under particular criticism from Tea Party members who were elected after running on a platform of stopping precisely this kind of bill.
Unfortunately, as this is an election year, neither party is particularly willing to give ground to the other. What is most likely to happen is that — after a lot of fighting — a temporary bill will be passed by both houses that will authorize spending until after the election. That method has been in place since 2009.
The debate, however is likely to dominate the transportation calendar over the next twelve months. With this much money at stake, all the major players — and their lobbyists — will want to have a dog in the fight.
Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 725 • © Foley Carrier Services, LLC. 2011
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