Ontario court hears trucker’s challenge of speed-limiter lawOwner-operator Gene Michaud’s constitutional challenge of the Ontario, Canada, law that requires heavy trucks to be equipped with speed limiters is now in the hands of a judge. Michaud’s attorney David Crocker of Toronto presented oral arguments to the Ontario Court of Justice over a two-day period ending Monday, Jan. 23. “We argued that the speed-limiter legislation, that being the amendment to the Highway Traffic Act … violated Gene Michaud’s rights under Sec. 7 of the Canadian Charter of Rights and Freedoms to have his security interest protected,” Crocker told Land Line on Tuesday following the proceedings in Welland, Ontario. “We argued that speed limiters and the speed-limiter legislation put him at risk because it created a variance between his speed and the flow of traffic,” Crocker said. “That variance was itself dangerous, and we had expert opinions to support that.” Expert opinions included an affidavit from Julie Cirillo, retired assistant administrator for the U.S. Federal Motor Carrier Safety Administration. She stated in the document that speed limiters prevent heavy trucks from operating within the flow of traffic and would, therefore, increase the likelihood of accidents. Michaud, an OOIDA member from St. Catharines, Ontario, received a citation from a provincial truck inspector on June 19, 2009, five months after the provincial speed-limiter law took effect. The inspector found Michaud’s limiter to be working, but it was at 68 mph. Michaud testified that he believes having his truck restricted to 65 mph is too slow and too dangerous for operating on U.S. highways where he routinely runs. Michaud’s argument against the province also includes a rebuttal of claims that speed limiters reduce harmful greenhouse gas emissions. “We argued that even if there was some minor emissions savings which resulted from the speed-limiter legislation, it was so small as to be irrelevant,” Crocker said. The province, represented by attorney Michael Dunn of the Ministry of the Attorney General for Ontario, also presented arguments on Monday. The province stands by its initial justification for the law that limiting the speed of the commercial vehicles improves safety and reduces harmful emissions. After arguments closed, Justice of the Peace Brett A. Kelly announced that he will reveal his decision on June 6. Separate case pending in court OOIDA Member Lee Ingratta of Gravenhurst, Ontario, received a citation in July 2009 after “refusing” to allow an inspector to check his truck computer for a working speed limiter. Ingratta says he did not refuse access but merely asked the inspector to sign a waiver to accept responsibility for damages caused by the computer hookup. Ingratta, a former computer technician, says he doesn’t trust the devices or the process used by inspectors to check for speed limiters. Ingratta won his initial case in traffic court when a judge sided with him. The province filed an appeal and won, but the judge in the case ordered a new trial. That trial begins in March. Source:Courtesy of LandLine Magazine E-ZPass savings for commuters next month, but what about truck drivers?It’s a celebratory time for N.Y./N.J. E-ZPass commuters who heard good news that goes into effect next month. On Sunday, Gov. Chris Christie and New York Gov. Andrew Cuomo announced commuters who ride over the Goethals and Bayonne Bridges and Outerbridge Crossing will save on tolls under a new plan, reported The Wall Street Journal. Effective Feb. 1, participants will pay $47.50 for 10 trips in a 30-day period, or $4.75 per round trip, compared to the standard rate of $9.50. Its projected drivers who commute on average five times a week would save almost $1,200 on E-ZPass rush hour tolls and $1,800 off cash tolls in a year. The plan was developed in response to complaints from Staten Islanders who said evading toll hikes were virtually impossible due to limited mass transit on the island. As reported by The Star Ledger, both Governors said, “You asked for relief and we delivered.” U.S. Rep. Michael Grimm (R-N.Y.) told truckers a similar commute cut was forthcoming. According to the Ledger, Grimm said, “I will continue to work with the governor and his staff to ensure that this much-needed relief is also brought to our local businesses, especially our container port, so that Staten Island’s economy can remain competitive and viable." North Carolina trucking company president pleads guilty to lyingThe owner of a North Carolina trucking company has pleaded guilty to lying about driver hours-of-service logs. According to the DOT’s Office of Inspector General, Roger D. “Butch” Mabe Jr., president and owner of Mabe Trucking Co. Inc., pleaded guilty Jan. 10 to one count of false statements related to falsification of driver’s logs. In an investigation conducted by the U.S. DOT Office of Inspector General and the Federal Motor Carrier Safety Administration, Mabe, 49, and his company were found to have falsified driver’s duty status logs to hide illegal hours worked by truck drivers from the U.S. DOT. Mabe and his corporation are scheduled to be sentenced on April 20. Mabe faces a maximum penalty of up to five years in prison and a $250,000 fine, and the company could pay as much as $500,000 in fines. Courtesy of LandLine Magazine Charging Batteries in Cold WeatherOne of the biggest misconceptions is that batteries charge the same throughout the year. They simply don't! In warm weather (above 40 degrees), batteries are very easy to recharge. They can normally take as much charge that the vehicle charging system can provide. Even deeply discharged battery packs can be completely recharged in a few hours if the only issue is a discharged battery not defective batteries. I-5 Through California, Oregon and Washington To Become Shorepower CorridorThis year, Interstate 5 through California, Oregon and Washington, will become the first Shorepower corridor, with six additional locations offering the anti-idling technology. Diesel average at $3.854 for the week, up 2.6 centsThe U.S. Energy Information Administration reported the average price for on-highway diesel at $3.854 per gallon, an increase of 2.6 cents during the week ending Monday, Jan. 16. The EIA reported the numbers on Tuesday following the observance of Martin Luther King Jr. Day. The diesel average in the New England region increased nearly 5 cents for the week, while the Rocky Mountain region decreased 2 cents. Following is a breakdown of average prices by region as reported by the EIA: ProMiles reported no changes to the daily average of $3.848 on Tuesday. Price fluctuations by state amounted to less than half-a-cent. Connecticut topped the ProMiles list with the highest average for diesel Tuesday at $4.196 per gallon including state and federal taxes. Without taxes applied, New Hampshire had the highest price at $3.863. Including taxes, Missouri had the lowest average by state at $3.623 per gallon. Light sweet crude oil was trading at $100.63 per barrel Tuesday in New York. That’s up $1.93 from the opening bell. Reuters attributed the price increase to a possible embargo of Iranian oil by certain countries. European Union countries have scheduled a meeting for next week to determine whether they will be part of the embargo at the urging of the U.S. Courtesy of LandLine Magazine |
Idaho State Police still investigating deadly chain-reaction crash on U.S. 95It may be a few months before Idaho State Police can determine what factors led to the deadly chain-reaction crash on U.S. Highway 95, involving four tractor-trailers and two cars, that left one truck driver dead and two other drivers injured. Truck Driver James M. Mady, 40, of Creswell, OR, died after the car driven by Zachary Henager went left of center and struck another tractor-trailer, driven by Richard D. Walston, 58, of Colville, WA. The impact of the crash forced Walston to lose control, striking Mady’s rig head on. Cpl. Allen Ashby of the state police told Land Line on Tuesday, Jan. 24, that the investigation is still ongoing in the multi-vehicle crash that occurred around 8:40 a.m. on Saturday, Jan. 21, near Cocolalla Creek, ID. “At this point, speeds for all vehicles involved have not yet been conclusively determined. And it may be a few months or longer before that happens due to the nature of the crash,” Ashby said. Once his investigation is completed, he will forward it on to an accident reconstructionist who will “attempt to determine the physics, including pre-collision speeds, of all vehicles involved.” The driver of the third tractor-trailer, Brian M. Fendos, 39, of Bonners Ferry, ID, took “evasive measures to miss Henager as he went off the southbound shoulder” and struck the driver of the fourth truck, Pavlo P. Shevchuk, 21, of Manitoba, Canada, who was northbound on U.S. 95. The driver of the sixth vehicle, Roger C. House, 45, of Post Falls, ID, who was northbound, swerved to miss Shevchuk and drove into the ditch. The accident closed U.S. 95 for more than 11 hours, according to the state police report. Henager was airlifted to the Kootenai Medical Center in Coeur d’Alene, ID, and Walston was airlifted to the Providence Sacred Heart Medical Center in Spokane, WA. Henager remains in critical condition, while Walston’s condition was upgraded from critical to serious. Mady was driving a 2006 Freightliner and was hauling a load of peat moss, while Walston was driving a 2012 Mack with an empty flatbed trailer. Ashby said both semis involved in the head-on collision “were completely destroyed beyond recognition and ‘broken apart.’” “Wrecker crews were essentially able to lift both cabs off the frames of both trucks as neither the cabs, engines or drive trains were attached or recognizable any longer,” he said. Courtesy of LandLine Magazine
Applications due Feb. 1 for OOIDA Mary Johnston scholarshipsHigh school seniors still have time to submit their applications for financial assistance from the OOIDA Mary Johnston Scholarship fund. The deadline for applications is Wednesday, Feb. 1, for the 2012-2013 school year. According to the OOIDA Foundation, interested applicants or those wanting to confirm their application has been received should contact the OOIDA Membership Department at 800-444-5791 and ask for either Sylvia Dodson or Marion Case. The OOIDA scholarship fund was established in 1998 to help the children, grandchildren and legal dependents of dues-paying OOIDA members achieve their dreams of going on to college or trade school. Scholarship winners are selected based on grades, extracurricular activities, and a 500-word essay. The committee awards one first-place scholarship for $2,000 and four $1,000 awards, which can be renewed for up to four years. Shell Rotella has again generously donated $10,000 to the scholarship fund, making Shell the top corporate benefactor for the fourth straight year. Previous scholarship winners have checked in with OOIDA and say the financial assistance they received helped them achieve their career goals in a wide range of fields, including mechanical engineering, diesel technology and medical research, among others. Courtesy of LandLine Magazine Truckers fear and loathe possible toll rates in the Mojave DesertTravelers from Los Angeles County to Las Vegas may soon be getting a long-promised new roadway along a 63-mile stretch in the high desert, but truckers are concerned about the possibility of hefty toll rates. Public meetings about the High Desert Corridor begin next week. “If they’re banking on truckers paying for this highway with tolls, they had better start talking to the long-haul community,” said Joe Rajkovacz, director of regulatory affairs for the Owner-Operator Independent Drivers Association. “Long-haul truckers will seek out alternative routes even if it means traveling a few miles more,” he said. The High Desert Corridor is a proposed 63-mile divided highway from State Route 14 in Los Angeles County and State Route 18 in San Bernardino County in California. The new roadway would serve the Antelope, Victor and Apple Valley areas and provide an alternative to Highway 138/18, also known as the Pearblossom Highway. The Pearblossom, as many truckers in the region already know, is an old-school two-lane highway that has seen its share of crashes and fatalities through the years. Officials are hoping to lure L.A.-to-Las Vegas traffic to the High Desert Corridor and away from the Pearblossom. But if the corridor becomes a toll road, which appears in several of the proposals being considered, truckers may simply avoid it and use routes like Highway 58 to cover those east-west miles. A lot depends on which proposal makes the final cut. OOIDA is urging truckers to attend the public meetings and inform officials about their businesses and how they run the desert. “One concern to talk about is the ability of trucks to use the alternative routes,” Rajkovacz said. “For many truckers who currently live along or adjacent to Pearblossom Highway, they need to ensure this project does not end up prohibiting them from using the old highway to go home.” Rajkovacz says OOIDA has members of every mix and match in California. A new tollway won’t benefit the region if the truckers avoid it. “If the toll is disproportionate to the benefit, most long-haulers won’t use it,” he said. Public meetings will be conducted in open-house format from 6:30 to 7 p.m. at each location followed by a question period from 7 to 8 p.m. Meeting dates and locations are as follows:
Courtesy of LandLine Magazine Survey: Driver Pay Needs to be North of $60KA survey of fleets shows that even though the number of unseated trucks is down slightly, more carriers are thinking that driver pay needs to be more than $60,000. Oil and diesel prices will be highest in first few months of 2012, analyst saysThe highest prices for diesel fuel and crude oil in 2012 will likely occur during the first few months of the year according to the Oil Price Information Service. The upward pressure on prices has as much to do with diesel demand as with political tensions and a possible oil embargo in Iran. The year began with the U.S. pressuring other nations to stop importing oil from Iran, and Iran threatening to block Middle East oil routes in return. Prices could be volatile for the next few weeks. Oil Price Information Service chief oil analyst Tom Kloza says an oil embargo for Iran will have an effect on oil trading and therefore prices, but it is not the only factor in the equation. “There is a premium attached to the saber-rattling, and to the fact that a lot of the light sweet crude oil comes from chaotic parts of the globe,” Kloza said Tuesday, Jan. 17. “It’s not something that’s inspiring a lot of speculative buying, but it’s probably discouraging a lot of selling for the moment.” Kloza says oil traders, particularly the sellers, seem to be waiting for two important January dates to pass. The European Union has a meeting scheduled for Monday, Jan. 23, to discuss possible sanctions against Iran, and Iran has scheduled a military demonstration in the Strait of Hormuz on Jan. 27. The demonstration could have a short-term effect on oil prices similar to last year’s “day of rage.” “I do think we see higher prices in the spring, but I really do believe it will be episodic,” Kloza said. “We’re going to have these episodes, which for the moment provide price support – a day of rage, a day of war maneuvers – but anyone reasonable has to believe that … where we go in the next few months will not last.” Global demand for diesel continues to be a major factor in energy prices. Despite the U.S., Europe and Japan showing a decreased demand in recent months, a number of major investment banks believe the growing demand in South America, India and China could boost prices, Kloza said. “I think the investment banks tend to predict what they want to have happen,” he said. “I think that this year is going to be similar to last year in that it’s going to be front-end loaded.” Kloza penned a blog this week about a decrease in gasoline consumption in the U.S. He said it could be part of a lifestyle change compelled by unemployment, cost of living, and the fact that people are trying to use less energy but are paying more. He said January is often a month of cutbacks as the holiday bills come due. Many times, people will consolidate trips or simply cut down on driving in order to pay off other bills. Truckers, for example, do not survive long in the business without operating efficiently and learning to balance their bills. “People are incredibly emotional,” Kloza said. “It’s like overpaying for tolls. If you overpay for tolls every time, it’s not that it’s going to knock you from upper class to middle class, but you just don’t do it. I think we’re seeing some sort of behavioral change out there that looks as though it’s inspired by high prices but also the sense from the public that ‘I’m using less, but I’m paying more, and I don’t like it.’” Courtesy of LandLine Magazine IFC official says Cross Creek will reopenCross Creek Trucking laid off more than 200 truck drivers in December 2011 because of “restructuring.” A company official announced on Tuesday, Jan. 17, that Cross Creek will reopen in the near future, but with a much smaller fleet of trucks initially. Last week, Integrated Freight Corp. of Sarasota, FL, which owns Cross Creek, announced it had completed a $3.6 million refinancing and restructuring equipment deal. Roger Kennedy, spokesman for Cross Creek Trucking and general manager of Integrated Freight Services, told Land Line on Tuesday that their plan is to “restart in seven to 10 days.” “It will be a slow process, starting with 10 to 15 units at a time,” Kennedy said. “We are in the process of contacting drivers that would like to return to work.” As of press time Tuesday, the main phone lines at Cross Creek were still “temporarily disconnected.” The Federal Motor Carrier Safety Administration’s website did not report a pending application to reinstate authority or proof of insurance for Cross Creek. The agency revoked Cross Creek’s operating authority in mid-December for failure to carry the required $750,000 insurance policy. Some drivers were stranded without fuel and under loads in mid-December 2011, when they were notified that the company’s insurance policy had been canceled. In the past year, two trucking companies that IFC has purchased – Triple C Transport of Doniphan, NE, and Cross Creek in Medford, OR – experienced financial woes after being acquired. Triple C, which once had 131 drivers, was permanently shut down in May 2011. Cross Creek, which once had more than 200 drivers, may put only 10 to 15 drivers at a time back to work when – or if – FMCSA reinstates their operating authority. Paul A. Henley founded IFC in 2008 with the “purpose of acquiring and consolidating operating motor freight companies through a nationwide roll-up strategy.” According to IFC’s latest U.S Securities and Exchange Commission filing, IFC plans to “invest more heavily as demand improves for truckload services, including additional acquisitions.” The company also launched its own brokerage operations for Integrated Freight Services in April 2011, according to the SEC report. Courtesy of LandLine Magazine |
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