Archive for September, 2013


trucking93A bill, which requires the FMCSA to go through the rulemaking process, instead of just issuing guidance if it takes any action on sleep apnea, passed the House by a vote of 405-0, last week.

According to Library of Congress records, the Senate version has been referred to the Senate Transportation Committee.

The bill, H.R.3095, was introduced in the House by Representatives Larry Bucshon, R-Ind., and Dan Lipinski, D-Ill., on Sept. 12.

Per the bill, the Secretary of the Department of Transportation

may implement or enforce a requirement providing for the screening, testing, or treatment (including consideration of all possible treatment alternatives) of individuals operating commercial motor vehicles for sleep disorders only if the requirement is adopted pursuant to a rulemaking proceeding.

The Sleep Apnea Bill had 69 cosponsors.

The Owner-Operator Independent Drivers Association (OOIDA) claims that a rulemaking

would include requiring that a full cost-benefit and regulatory impact analysis be used should the Federal Motor Carrier Safety Administration decide to set policy regarding screening, testing and treatment for sleep apnea as opposed to guidance, which is not subject to this critical analysis.

Rep. Buschon expressed similar concerns.

The American Trucking Associations also supports the bill.

FMCSA responded to the bill by saying it would use a rulemaking rather than a guidance.

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trucking71The Federal Motor Carrier Safety Administration (FMCSA) has withdrawn the notice of proposed rulemaking (NPRM), which they issued on December 26, 2007, that proposed new entry-level driver training standards for individuals applying for a commercial driver’s license (CDL) to operate commercial motor vehicles (CMVs) in interstate commerce.

The agency sent out a Federal Register that was officially published last Thursday.

In the notice, FMCSA Administrator Anne Ferro cited three reasons for the withdrawal:

• Commenters to the NPRM and participants in the agency’s public listening sessions in 2013 raised substantive issues which have led the agency to conclude that it would be inappropriate to move forward with a final rule based on the proposal.

• Since the NPRM was published, FMCSA received statutory direction on the issue of entry level driver training from Congress via the Moving Ahead for Progress in the 21st Century Act (MAP-21) reauthorization legislation.

• The agency tasked its Motor Carrier Safety Advisory Committee (MCSAC) to provide ideas the agency should consider in implementing the MAP-21 requirements.

The notice said that

In consideration of the above, the agency has concluded that a new rulemaking should be initiated in lieu of completing the 2007 rulemaking.

The FMCSA received more than 700 comments concerning its proposal. It also received feedback from two listening sessions this year, one of those held during the Mid-America Trucking Show at Louisville, Ky., in March.

The FMCSA also held listening sessions on January 7, 2013, and March 22, 2013,

Even though most commenters expressed support for the ELDT “concept,” opinions varied on several of the proposed rule’s key provisions, according to the notice.

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The Transportation Firm, LLC knows that your supply needs are unique.

And that’s exactly why we’ve pooled together the best minds in the industry to create specific solutions customized to suit your ever-changing operating environment.

From precise design to seamless execution, our dedicated transportation professionals are involved every step of the way to provide you with the most accurate and economical transportation the industry has to offer.

The Transportation Firm, LLC

384 E. Goodman Road, Ste 242

Southaven, MS 38671

E-mail: info@transportfirm.com

Visit our new website at http://transportfirm.com

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trucking45Last Friday, the Federal Motor Carrier Safety Administration (FMCSA) issued guidance governing required registration to obtain broker or freight forwarder authority.

The guidance was dictated due to certain provisions of the Moving Ahead for Progress in the 21st Century Act (MAP-21).

According to Section 32915 of MAP-21, anyone acting as a broker or a freight forwarder and subject to FMCSA jurisdiction, including motor carriers, are required “to register and obtain broker or freight forwarder authority from FMCSA.”

Section 32918 was an amendment to the financial security portion (a minimum $75,000 financial security requirement) and created new requirements for freight forwarders. The guidance, which FMCSA has provided, instructs brokers and freight forwarders on how to comply with the new requirements and information regarding FMCSA’s enforcement of the new provisions.

Companies providing broker or freight forwarder services, including motor carriers, are required to obtain the appropriate operating authorities and, as of October 1, are required to meet the new minimum financial responsibility requirements.

FMCSA will be providing a 60-day phase-in period beginning October 1 to allow the industry to complete all necessary filings. Beginning November 1, FMCSA will mail notifications to all brokers and freight forwarders that have not met the $75,000 minimum financial security requirement. FMCSA will provide 30 days advance notice before revoking freight forwarder and broker operating authority registrations.

FMCSA acknowledged that there are motor carriers that occasionally broker loads that have not previously been required to obtain operating authority registration from FMCSA as brokers. Because of that fact, FMCSA said it will phase in its enforcement of the broker registration requirements for motor carriers that also broker loads.

Now, more than ever, it’s important to hire the best, to make sure that your business gets to market.

The Transportation Firm, LLC knows that your supply needs are unique. And that’s exactly why we’ve pooled together the best minds in the industry to create specific solutions customized to suit your ever-changing operating environment.

From precise design to seamless execution, our dedicated transportation professionals are involved every step of the way to provide you with the most accurate and economical transportation the industry has to offer.

The Transportation Firm, LLC

384 E. Goodman Road, Ste 242

Southaven, MS 38671

E-mail: info@transportfirm.com

Visit our new website at http://transportfirm.com

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trucking47The Federal Motor Carrier Safety Administration (FMCSA) has begun testing a new way to perform safety audits on new entrant carriers. They announced that this is an attempt to better focus resources on what it deems high-risk carriers.

The FMCSA is trying to find out if off-site, remote safety audits can be as effective as the on-site audits.

Under current rules, the agency must perform on-site safety audits on all carriers within the first 18 months of their receipt of a U.S. DOT number.

The current MAP-21 highway funding law will shorten that to 12 months.

According to the FMCSA, the on-site requirement is costly and inefficient and devotes the same resources and time to on-site reviews of low-risk carriers as it does to high-risk carriers.

The agency began their efforts in July with the testing program, in which carriers with Compliance, Safety, Accountability scores higher than intervention threshold, carriers with carriers with evidence of an expedited action violation, carriers with evidence of roadside inspection activity while transporting a placardable quantity of hazardous materials and passenger carriers will be flagged for an on-site safety new entrant safety audit.

All other new carriers will be sent a letter by FMCSA, in which they will be asked to submit documents online. According to the agency, they will evaluate things like driver qualification, driver duty status, vehicle maintenance and accident register. Based on its findings, it will either prepare a report saying the carrier passed the audit, ask the carrier for more information or schedule an on-site review.

The agency will end its testing in July 2014. It is currently only testing the program in California, Florida, Illinois, Montana and New York.

Now, more than ever, it’s important to hire the best, to make sure that your business gets to market.

The Transportation Firm, LLC knows that your supply needs are unique. And that’s exactly why we’ve pooled together the best minds in the industry to create specific solutions customized to suit your ever-changing operating environment.

From precise design to seamless execution, our dedicated transportation professionals are involved every step of the way to provide you with the most accurate and economical transportation the industry has to offer.

The Transportation Firm, LLC

384 E. Goodman Road, Ste 242

Southaven, MS 38671

E-mail: info@transportfirm.com

Visit our new website at http://transportfirm.com

“Integrity, Committment, Results”

WE WELCOME YOUR COMMENTS ABOUT THIS BLOG!!!

trucking62America’s Truck Drivers are professionals. And, as such, they are very safety-conscious. The Owner Operator Independent Drivers Association wants to encourage truck drivers to be safe from the moment they first get behind the wheel of a big rig.

OOIDA is proposing the Safe, Mentored and Responsibly Trained Future Truck Drivers Act , known as the SMART Future Truck Drivers Act.

The act “forges new ground” by starting every new long-haul tractor-trailer driver off with a strong safety foundation. The proposal includes behind-the-wheel training conducted by instructors who meet FMCSA certification requirements.

According to OOIDA’s proposal,

Unlike airline pilots, railroad engineers and tugboat captains, there has never been a requirement that tractor-trailer drivers complete a basic training regimen that ensures they know how to operate the vehicle safety in real-world conditions,

Because of the fact that approximately 80 percent of all truck-involved collisions are the result of a “human factor,” OOIDA is pressing Congress and the Federal Motor Carrier Safety Administration to move forward on a training standard for new truck drivers. The proposal does not include bus and motor coach drivers, local delivery or CDL classifications lower than a Class A.

This new training proposal includes requirements for certification of testers, minimum classroom and behind-the wheel training. Knowing there are situations, such as returning veterans, who have received alternative training, the proposal includes expedited training and proficiency tests to shorten the length of training.

Countering the industry norm of short training programs that filter inexperienced drivers quickly onto the road to be further “trained” by driver trainers with only a few months of experience themselves, the proposal offers a structured experience-building period.

Now, more than ever, it’s important to hire the best, to make sure that your business gets to market.

The Transportation Firm, LLC knows that your supply needs are unique. And that’s exactly why we’ve pooled together the best minds in the industry to create specific solutions customized to suit your ever-changing operating environment.

From precise design to seamless execution, our dedicated transportation professionals are involved every step of the way to provide you with the most accurate and economical transportation the industry has to offer.

The Transportation Firm, LLC

384 E. Goodman Road, Ste 242

Southaven, MS 38671

E-mail: info@transportfirm.com

Visit our new website at http://transportfirm.com

“Integrity, Committment, Results”

WE WELCOME YOUR COMMENTS ABOUT THIS BLOG!!!