Throughout the day Wednesday, watches and warnings spread up the East Coast ahead of the path of Hurricane Earl.

Hurricane Earl “continues relentlessly toward the northwest,” according to the National Oceanic Atmospheric Administration. The agency issued an alert at 2 p.m. Wednesday, stating that Earl “poses a threat to the Mid-Atlantic Coast.”

Despite the fact Earl had “weakened” to a Category 3 storm, it strengthen back to a Category 4 by late afternoon Wednesday, as predicted by NOAA’s alert.

The agency is warning that Hurricane is a large storm with hurricane force winds occurring up to 90 miles from the storm’s center and tropical storm force winds occurring up to 200 miles from the storm’s center.

Tropical storm force winds – which are 39 mph to 73 mph winds – are expected to reach the North Carolina coast by Thursday afternoon, with hurricane force winds hitting by Thursday evening. A Category 4 hurricane can have winds up to 155 mph.

The National Weather Service issued hurricane warnings – an announcement that hurricane conditions are expected – for Bogue Inlet, NC, northeastward to the North Carolina-Virginia border.

Hurricane watches – an announcement that hurricane conditions are possible – were in effect north of the North Carolina-Virginia border to Cape Henlopen, DE.

New Jersey and the other New England states were cautioned by the National Weather Service to “monitor the progress of Earl.”

North Carolina and Virginia are taking action in the event Earl does make landfall on the East Coast.

North Carolina
Gov. Bev Perdue has suspended the hours of service regulation in North Carolina to ensure that trucks are able to transport essentials and restore utilities disrupted by Hurricane Earl.

The order allows an exemption from 49 CFR Part 395  to permit “the uninterrupted supply of electricity, fuel oil, diesel oil, gasoline, kerosene, propane, liquid petroleum gas, food, water, and medical supplies to residential and commercial establishments is essential during the storm and after the storm and any interruption in the delivery of those commodities threatens the public welfare.”

Anticipating Earl’s arrival on Thursday, evacuation orders were in place on Wednesday for the Ocracoke and Hatteras Islands of North Carolina, sending residents and tourists scrambling inland. Click here for the statewide evacuation plan.

Virginia
Governor Bob McDonnell today declared a state of emergency in Virginia, a step authorizing state agencies to take precautionary action to prepare for any potential impacts in eastern Virginia from Hurricane Earl.

Virginians, especially those in Hampton Roads or traveling to the coast, should pay close attention to local weather forecasts, the governor urged in a statement. A slight westward movement in the track of the storm will increase the risk of dangerous weather in eastern Virginia.

For evacuation routes in Virginia, click here. Be sure to enter the online guide and scroll over the lower tiles to the evacuation portions of the plan. There are statewide and a Hampton Roads specific plans.

Delaware
Delaware, while on the tail end of the hurricane watch, has officials merely keeping a close eye on the situation and cautioning residents and travelers to be prepared with emergency kits and evacuation routes planned.

Unique situations
Truckers are in unique situations when traveling in and out of hurricane warning and watch zones. You’re not on your “home turf,” and who wants to ride a hurricane out in a truck?

Your best plan of action is to stay informed on the progress of storms such as Earl. You can also stay in close contact with shippers and receivers in hurricane watch and warning areas to determine whether or not travel is possible or advisable.

The Federal Motor Carrier Safety Administration regional offices can also provide you information on HOS waivers and other regulatory concerns that may crop up.

For Hurricane Earl, truckers would likely communication with the Eastern or Southern Service Centers of FMCSA.

• Eastern Service Center

  443-703-2240
  CT, DC, DE, MA, MD, ME, NJ, NH, NY, PA, Puerto Rico, RI, VA, VT, WV

• Southern Service Center

  404-327-7400
  AL, AR, FL, GA, KY, LA, MS, NC, NM, OK, SC, TN, TX

It’s official: OOIDA’s fourth annual Truckers for Troops care package campaign is on the calendar. This week, the Association announced this year’s campaign will be Dec. 6-10, 2010.

Truckers for Troops raises funds to send care packages to military men and women stationed in combat zones and other volatile areas overseas, especially Iraq and Afghanistan.

Every year, Land Line Now, the Association’s official radio show on Sirius XM satellite radio, the Road Dog channel, promotes the campaign during its regularly scheduled broadcasts each day from 7-8 p.m. and 11 p.m. to 12 a.m. Eastern Time. You can hear Land Line Now on The Road Dog Channel, Sirius channel 147 and XM channel 171. 

During that week, 10 percent of renewal and new membership fees will be matched by OOIDA. New and renewal memberships will be discounted from $45 to $25, 10 percent of which will go toward the care package funds.

Last year, truckers raised more than $54,000 in the effort, funding 618 large care packages that served up a piece of home to 7,400 troops. Boxes are filled at OOIDA headquarters in Grain Valley, MO, and shipped overseas.

Some of the items included in the care packages sent in past years have been things like snacks, socks and personal care items. Among the most popular were the handmade greeting cards.

“We’d like for as many people as possible to send us cards and letters to include in the care packages,” says Norita Taylor, OOIDA media spokesperson. “Especially from kids, it really means a lot.”

Taylor says that on cards and letters, towns or school names should be included, but please do not include last names or other personal information. Send them to OOIDA headquarters, attention Norita Taylor or attention to Truckers for Troops, P.O. Box 1000, Grain Valley, MO 64029-0712.

 – By Land Line staff

Two men charged as accessories in the murder of trucker Jason Rivenburg were sentenced in a Calhoun County, SC, courtroom on Monday, Aug. 30.

Willie Reed, 21, and Jimmy Haygood, 21, were sentenced to 30 days in jail – which they can serve on weekends – 100 hours of community service, and five years of probation.

Rivenburg’s widow, Hope, and family members traveled to South Carolina for the sentencing of Reed and Haygood. This is the second time Jason’s family members have traveled to the state where Jason was murdered on March 5, 2009.

In December 2009, they were there when Willie Pelzer, 22, was convicted of murdering Jason. At his sentencing, Pelzer admitted to killing him and is serving a life sentence without parole.

Both Reed and Haygood testified against Pelzer at his trial. Both admitted they filed a false report about the murder weapon, a .45-caliber handgun.

According to a WIS News 10 report, Reed told jurors at Pelzer’s trial that he picked up Pelzer from his home not long after he shot Rivenburg. The two then met up with Haygood. The three then drove to a woman’s apartment in Charleston, SC, where Reed and Haygood testified that Pelzer threw the gun in the trash bin.

After arriving too early for his delivery of organic milk on March 5, 2009, Jason Rivenburg was turned away from the receiver’s property and was forced to park at an unlit gas station. Not long after he parked, Pelzer robbed and murdered Rivenburg for the $7 he found in one of his pockets.

OOIDA Life Member Alicia Friedt of Lakeland, FL, told Land Line she heard the news of Reed and Haygood’s fate after she went inside and a news program was on about their 30-day sentences. She said several drivers just stood around in disbelief after hearing the news.

“I think this is just a travesty; I really do,” she told Land Line. “After Willie Pelzer told the other two guys what he’d done, they (Reed and Haygood) didn’t do nothing to help Jason. They knew their friend had shot a man who was out there suffering, but they didn’t bother to tell anybody or check on him.”

She supports Hope Rivenburg in urging all OOIDA members and their families to call their state and federal lawmakers to support two Jason’s Law bills for more safe parking options in the U.S. House and Senate.

After hearing of the news on Monday, Friedt said she and some other drivers had the idea of honoring Jason and other drivers who have been victims of violent crimes by developing a  Facebook page.

“I am angry about this. We need to let our representatives know that this is happening to us out here on the road and we need safe places to pull over and park,” Friedt said.

Truckers on Interstate 10 will have at least two new electrification options at truck stops in the near future when traveling through Cochise County, AZ.

Recently, the Arizona Department of Environmental Quality announced it had received a $2 million grant from the U.S. Environmental Protection Agency to install 100 electric hookups at two locations as part of its anti-idling truck electrification project.

Shorepower Technologies has been selected to install nearly 60 units at the Gas City Truck Stop, at the intersection of State Highway 90 and I-10 in Benson. At least 30 units will be installed at the Sunmart Truck Stop, located at Exit 378 and I-10 in San Simon.

The plan, according to ADEQ spokesman Mark Shaffer, is to expand the hookups to one or more truck stops on Interstate 8 in Yuma County as well.

New IdleAire Inc. CEO Mike Fielden admits it’s going to be a tough sell to woo former customers back to using its in-cab services after the previous owners unexpectedly shut down in January. Many drivers had money on their IdleAire cards at the time of the company’s closure and were never reimbursed by the previous owners for the money they were owed.

However, Fielden told Land Line that the new owners plan to honor the prepaid balances customers had on their cards.

“It’s unfortunate that the company they (drivers) invested in no longer exists, but it’s a good step on our part to honor those balances that they had,” he said.

Drivers can either swipe their old member card or they can call IdleAire’s customer service number to verify what their balances are and “take advantage of the funds that we are honoring,” Fielden said.

According to Fielden, so far nine sites, which are mainly located in the southern states, have been reopened. The plan is to reopen 25 sites by this fall.

“Business is coming back,” he said. “We expected it to start off slowly. In some ways it’s just getting the word out again. Other issues are establishing the usage because some people do feel like ‘why would I do this again?’”

Fielden said Convoy Solutions, the new organization that bought IdleAire, has taken a hard look at what its customers liked and didn’t like about its predecessor. He said many of the complaints have been about smoke in the units, so an ozone cleaning machine has been installed at every site. Eventually, no smoking signs may be posted in some of the parking spots so those units can remain smoke-free.

He said the pricing has been simplified to have just one price of $1.99 per hour for their services, down from a more complicated tiered pricing system the previous company had in place. Fielden said what stands out about the new company is that its pricing system is not trying to “follow the price of fuel.”

“We’re looking at our costs to find the best price for our customers,” he said. “If fuel goes up to $4 or $5 a gallon, then our price is a good value for our services, but our business model is not to follow fuel.”

While Fielden admits IdleAire is a bridge technology, he said future plans include offering electrification-only sites. But for now their current plan is to get their existing equipment “up and running properly.”

“We will have a pretty decent footprint in some areas, but it won’t be nearly as big as it was before and that’s OK,” he said.

Currently, there are 63 cases involving more than 27,000 former and current FedEx Ground drivers who say they are misclassified and are really employees, not independent contractors.

U.S. District Court Judge Robert Miller in Indiana, who is presiding over the multi-district litigation, recently sided with FedEx in a Kansas case involving more than 100 drivers. The drivers filed suit citing that they were underpaid and that FedEx controls their businesses, which would make them employees under the Kansas Wage Payment Act.

Judge Miller said that FedEx has an operating agreement, which drivers sign to be independent contractors, when working for the company. The judge said that although FedEx does offer “suggestions and best practices for performance of assigned tasks,” FedEx hasn’t “retained the right to control the details of the contractors’ work methods on a class-wide basis.”

One of the three lead attorneys in the multi-district FedEx litigation is Lynn Rossman Farris of Leonard Carder LLP, who won a $27 million judgment on behalf of 200 FedEx Ground drivers who were found to be employees, not independent contractors, in California.

Farris told Land Line that they will appeal the court’s decision in the Kansas case.

“While we respectfully disagree with the court’s decision in the Kansas case and will appeal it as soon as possible, it remains to be seen what the court will conclude in the other 27 states in which the court granted class certification,” Farris said.

She added that previously Judge Miller sided with the drivers who filed suit against FedEx in Illinois under the state’s Wage Act, agreeing they were actually employees.

State laws vary on “tests” they use to classify whether a worker is an employee versus an independent contractor.

Farris said the judge has sent 16 cases back to their original courts – including Montana, Connecticut, Massachusetts, Vermont, South Dakota, which have “virtual presumptions” of employment status, similar to the test used by the state of Illinois, in which the judge sided with the drivers as being employees.

“So it now appears that, unless reversed on appeal, the case will ultimately end with FedEx drivers in some states being deemed employees and in others deemed independent contractors, a result which makes little sense to non-lawyers and unfortunately gives workers and companies no guidance for the future,” she said.

A new law in Delaware is intended to improve safety for emergency personnel during roadside stops. The First State is at least the third state this year to make changes to existing law or adopting rules to help protect law enforcement, firefighters, paramedics and others.

The so-called “Move Over” law in Delaware has been enhanced to authorize felony charges for certain violators. Gov. Jack Markell signed into law a bill that stiffens penalties for striking an emergency worker after not moving over. It took effect immediately.

Delaware law already requires drivers to merge into a lane farther away from law enforcement, firefighters, ambulances, tow trucks and transportation workers, if practical. If unable to switch lanes, drivers are required to slow down and proceed with caution.

Violators who strike an emergency worker would face a Class F Felony.

“This law clearly states what motorists are expected to do and covers all relevant people who would be rendering aid at the side of a road,” Sen. Brian Bushweller, D-Dover, said in a statement.

Elsewhere, Maryland recently joined the list of about 45 states to implement similar safety zone rules. In addition, Washington state lawmakers tweaked their rule.

Effective Oct. 1, the Maryland law requires drivers to make room for emergency workers and law enforcement officers. Drivers will be required to maintain a safe distance and reduce speed before passing emergency vehicles parked by the road with their lights flashing.

Violators would face $500 fines.

While Washington state already requires drivers to make room for certain emergency, roadside assistance or police vehicles stopped along roadsides, the rule has been bolstered.

The new law defines “emergency zones.” As of Jan. 1, 2011, traveling within 200 feet of parked emergency vehicles with lights flashing will be in the zone.

Speeding fines in these protected areas would be double. Violators could also face charges of reckless endangerment of emergency workers and loss of driving privileges for 60 days, up to one year in jail, and as much as $5,000 in fines.

– By Keith Goble, state legislative editor

The federal government has charged the owners of a Pennsylvania truck driving school for helping hundreds of out-of-state individuals illegally obtain CDLs through the Pennsylvania Department of Transportation.

Vitaliy Kroshnev and Tatyana Kroshnev owned and operated the International Training Academy from at least 2007 through mid-August. The business provided training for individuals trying to obtain a CDL in Pennsylvania.

According to court documents, the driving school also used interpreters to help at least 300 out-of-state applicants pass the classroom portion of CDL exams, and made thousands of dollars per CDL. 

Pennsylvania CDLs are restricted to applicants “domiciled in that state,” except under limited circumstances, court documents state.

The complaint alleges that on at least one occasion academy instructors told applicants to not use English while at the Pennsylvania DOT office. Later, interpreters would give the applicants answers to the exams during the computer-based testing.

Court documents show that Khroshnev told an undercover FBI agent this past year that the academy could provide him a “guaranteed” CDL for $2,200, as well as fraudulent residency documents for an additional $300.

As part of the alleged scheme, the academy would help the would-be truckers lie to obtain in-state residency before applying for a Pennsylvania driver’s license, and later a commercial driver’s license.

Vitaliy Kroshnev, Tatyana Kroshnev, Leonid Vilchik, Irina Peterson, Iryna Starovoyt, Khrystyna Davyda, Viktor Davyda, Tair Rustamov and Mikhail Aminov were each charged with one count of knowingly conspiring to produce,  aid and abet the production of an identification document without lawful authority.

Federal prosecutors also allege that Vitaliy Kroshnev lied to the Pennsylvania Department of Education about the International Training Academy. Court documents show Kroshnev told the state that his school was not a private school and didn’t offer classes but “merely rented vehicles to applicants for Pennsylvania CDL tests.”

Those charged also stand to lose property used or purchased from proceeds of the scheme, including a 1989 Bluebird Bus, a 1995 International Truck, a 2003 Freightliner Truck and several bank accounts.

Officers assigned to the Montgomery Police Depart­ment's Highway Safety Team stopped an 18-wheeler for im­proper lane usage on Interstate 85 at Mitylene about 11:30 a.m. Wednesday, according to a de­partment news release.

After receiving a warning for the traffic violation, the driver agreed to let the officers search the vehicle. They found the co­caine under the bed in the sleep­ing area, the news release states.

Maj. Huey Thornton praised the officers on duty for the drug seizure. "This is a case of offi­cers paying close attention," he said.

The driver, a 43-year-old man from Albuquerque, N.M., was arrested and charged with traf­ficking in cocaine. He was then turned over to the Drug Enforce­ment Administration for federal prosecution. The cocaine also was turned over to the DEA.

"It is great to remove such a large quantity of narcotics from the streets," Police Chief Arthur Baylor stated in the news re­lease. "Some of these drugs could have easily made it to our community. We are very proud of the work conducted by our Pa­trol Division's Highway Safety Team."

A bill in the Pennsylvania House would allow local police to use radar to nab speeders.

Pennsylvania is the only state in the country that prohibits municipal police from enforcing speed limits with radar. Since 1961, only state troopers have been allowed to use radar.

Rep. Josh Shapiro, D-Montgomery, is the sponsor of a bill that would change the state’s distinction. The bill – HB2513 – would permit local, full-time police officers who work for “full-service accredited police departments” to use radar.

Currently, local police are limited to electronic tools such as VASCAR, which determines a vehicle’s speed by measuring the time it takes to move between two points.

If signed into law, local governments would have the option of adopting an ordinance to approve local radar use.

“Radar is considered by many to be one of the most effective and accurate speed-control devices available; however, local police departments have not been permitted to use the full array of traffic enforcement tools available,” Shapiro said in a statement. “This legislation would rectify this situation.”

Efforts to expand radar use in the state historically have struggled as opponents say the enforcement tool could be used to set up speed traps and rake in revenue from tickets. Supporters counter that expanding the use of radar beyond major highways would increase safety and reduce fatalities on all the state’s streets.

To guard against cities setting up speed traps, the bill would allow local departments to keep only 25 percent of the revenue made from speeding tickets. The state would get half of the revenue while the remaining 25 percent would go to nonprofit agencies with accreditation programs for local police officers.

The bill can be considered up until Nov. 30, which is the final day of the legislative session. If lawmakers don’t pass the bill by then, it would have to be reintroduced during the two-year session that begins in January.

To view other legislative activities of interest for Pennsylvania, click here.

– By Keith Goble, state legislative editor

As the search continues for the “Bonnie and Clyde” fugitives, a spokesman with the Royal Canadian Mounted Police said the central focus of the investigation is still centered in the United States. That’s because there’s no concrete evidence that the pair have crossed over into Canada.

Sgt. Patrick Webb of the RCMP told Land Line on Thursday, Aug. 19, that despite receiving some reports that John McCluskey, 45, as well as his accomplish and fiancée, Casslyn Welch, 43, have been spotted near the Canadian border, they have been unable to confirm the sightings.

“The last time they were seen was in the U.S.,” Webb said. “In spite of the comments or the information that we got that they might be en route here, we’ve got nothing to indicate that they crossed the border, attempted to cross the border, or made it across the border.”

The trail has gone cold since the last “credible sighting” of McCluskey and Welch on Aug. 6, 2010 in Billings, MT, according to the U.S. Marshals Service, who said their focus is now on northwestern Montana and southwestern Canada.

The agency is also warning truckers to be on the alert for the suspects who both have had previous experience as over-the-road trucks and may be hiding out at truck stops or in remote area. McCluskey may have some survival skills, which would allow the two to live on the land and avoid public places.

On July 30, Welch allegedly threw wire cutters over the fence at the Arizona State Prison in Kingman and three prisoners, including McCluskey, escaped. Two are again in police custody, including Tracy Province, who was captured in Wyoming, and Daniel Renwick, caught near Rifle, CO.

Shortly after escaping, Renwick is believed to have located the getaway car first, leaving the others behind. A little while later, two team drivers, including an OOIDA member, were kidnapped on Interstate 40 at milepost 44, and then released nearly five hours later near Flagstaff, AZ.

The team drivers were forced to the back of the cab and held at gunpoint, while a “male subject got in the driver’s seat and drove,” according to Leslie DeSantis with the Mohave Sheriff’s Department.

McCluskey and Welch are also suspected in the deaths of a 61-year old couple from Oklahoma whose bodies were found at an eastern New Mexico campground.

Earlier this week, Richard Tracy with the U.S. Marshals Service told Land Line that authorities believe McCluskey and Welch are still driving a 1997 Nissan Sentra with Arizona plates. The plate number was 620PFV, but he said that it’s “highly possible the Arizona plates have been replaced.” He said the factory color listed for the Sentra is “platinum gold,” but the car looks like more of a silver or light gray color.

“Our target audience as far as public information goes is over-the-road truck drivers who are utilizing these facilities,” Tracy said. “We want them to know that McCluskey and Welch are out there. We want to keep this message out there, not only because of our interest in helping to catch them, but it’s about public safety as well.”

According to the most recent information by the U.S. Marshals Service, the two are believed to have altered their appearances. McCluskey may have grown a beard and is missing his left upper lateral incisor (next to his left front tooth). Welch, who may now be blonde, is missing almost half of her right index finger. She smokes holding the cigarette between her right middle and right ring fingers.

A $35,000 reward has been offered for information leading to their capture. If drivers witness anything suspicious, they are urged to call the ASP Kingman Escapees Task Force at 602-542-1212.

Truck Writers of North America has selected Jazzy Jordan, a Minnesota teenager who ran coast to coast in nine months to bring awareness to truckers’ medical and insurance issues, as the latest recipient of the “Extra Mile” award. TWNA President Jami Jones presented Jazzy with the award on Tuesday, Aug. 17, at the headquarters of the Owner-Operator Independent Drivers Association in Grain Valley, MO.

Photo by Nikohle Ellis

TWNA President Jami Jones presents the Extra Mile Award to Jazzy Jordan.

Jazzy, who ran 3,161 miles, finished her run June 15 in Times Square in New York. Thousands of truckers followed her long run and the sprint to the finish via coverage from the trucking press.

Founded in November 1988, TWNA is an organization of professionals who are involved in gathering, writing and reporting news and information about trucks, trucking and the trucking industry.

Membership is composed of writers, editors, freelance journalists, public relations and communications specialists, sales and marketing personnel, and others involved in the business of producing information related to the world of trucking.

 – By Land Line staff

On Tuesday, Nov. 2, ballots in some states will address transportation-related initiatives. Land Line recently took a look at initiatives in California, Georgia and Rhode Island. Included here is what was found.

Voters in California have two transportation issues on the statewide ballot. Proposition 21 asks whether to apply a vehicle license fee increase for improvements to state parks.

License fees for most vehicles would increase by $18 a year to generate about $500 million annually in a dedicated fund for the state’s 278 parks. Vehicles excluded from the surcharge include large trucks, mobile homes and permanent trailers.

In return for funding the parks, affected vehicles would get unlimited parking at most state parks and beaches.

With a new dedicated revenue stream in place, about $130 million the state now spends on state parks would be rerouted to the state’s general fund.

Also on the ballots in the Golden State is a question that seeks to ban the state from dipping into certain funds when times are tough. Passage of Proposition 22 would prohibit the state from taking or borrowing local government and transportation funds under any circumstances.

Among the funds that Prop 22 would make off-limits to the state are fuel taxes dedicated to transportation and transit improvements; local government property taxes for public safety; and the portion of the diesel tax dedicated to public transit.

Georgia ballots will include a proposed amendment to the state constitution. It asks voters about imposing a $10 fee on “certain passenger motor vehicle registrations” to benefit the state’s 16 trauma care centers. In addition, other hospitals would be able to upgrade to trauma centers.

The fee is projected to generate $80 million annually.

In Rhode Island, voters will decide whether to authorize the issuance of general obligation bonds to match federal funds to improve roads, bridges and transit buses.

As much as $80 million could be used for road work. The Rhode Island Public Transit Authority could use up to $4.7 million to buy and rehabilitate buses.

For more transportation initiatives on ballots, click here and here.

In comments filed with the U.S. Food and Drug Administration on Monday, Aug. 30, the Owner-Operator Independent Drivers Association urged the agency to “further study the industry before contemplating any regulations” on those involved in food transportation.

In April, the FDA published an Advance Notice of Proposed Rulemaking in the Federal Register soliciting comments on the implementation of the Sanitary Food Transportation Act of 2005.

The act requires the agency to implement regulations that mandate sanitary practices for shippers, receivers, carriers and others involved in food transportation in an effort to eliminate or at least reduce the likelihood of contamination or adulteration of food products.

OOIDA Director of Regulatory Affairs Joe Rajkovacz told Land Line that small-business truckers haul the majority of the food products in this country and have immense knowledge of issues affecting the entire food supply chain.

Included in OOIDA’s comments to the FDA were the results of a survey of food haulers conducted by the OOIDA Foundation.

In OOIDA’s comments, statistics showed that more than three-fourths of survey respondents indicated that bathroom facilities are frequently or sometimes unsanitary because drivers involved in the “loading or unloading of fresh produce must use portable bathrooms or other facilities lacking soap, towels and even running water,” which may lead to unsanitary conditions on docks and in fresh produce.

“Our comments filed with the FDA ask the agency to further study the industry before contemplating any regulations,” Rajkovacz said. “There are problems, such as lack of access to sanitary facilities for drivers, but not so much that the industry should be yoked by over-regulation.”

Many times the pallets must be hand-stacked by drivers, who do not have access to adequate hand-washing facilities.

Many survey respondents admit they have had receivers reject goods and place them back on their trailers, with no directions about disposal of the contaminated product. Often truckers must pay disposal costs.

OOIDA leadership pointed out in the comments that “to avoid such conduct in the future, the FDA must address in any food transportation safety regulations acceptable means of disposal and must impose the full economic costs incurred in the disposal on the shipper and/or receiver, the parties receiving the primary economic benefits from the sale of the produce.

“Food safety and security in transportation is increasingly under the microscope both by the Department of Homeland Security and the U.S. Food and Drug Administration. This Advance Notice of Proposed Rulemaking by FDA is the first step in a process that could lead to more regulatory oversight of shippers, receivers and truckers.”

A California professor who has questioned CARB’s diesel emissions research will keep his job – at least until the appeals process runs its course.

Dr. James Enstrom, who has worked at UCLA for 36 years – the last 34 as associate research professor – was told his position ended as of Monday, Aug. 30, resulting from secret vote of faculty members in his department earlier in the month.

After being told he wouldn’t be employed after Aug. 30, Enstrom filed an appeal under UCLA’s Whistle Blower Protection Policies. Enstrom said Tuesday he received word that his employment would be extended until March 31, or “until the grievance process has been completed.”

Enstrom made headlines in recent years after he questioned claims made by CARB regarding diesel particulate matter and public health. Enstrom’s research on diesel emissions showed no causal link between diesel soot and early death for Californians.

He also said he may have made enemies when he questioned the Scientific Review Panel of Toxic Air Contaminates for not complying with state-required three-year term limits.

One such panel member was Dr. John Froines, who was recently kicked off the panel after serving 26 years. Froines, who earned notoriety during political riots in the late ’60s as one of the “Chicago Seven,” now teaches at the UCLA School of Public Health. 

In interviews with Land Line in August, Enstrom said he likely irked top officials at CARB between 2008 and 2009, when he questioned science used to justify the implementation of CARB’s Truck and Bus rule, also known as the Retrofit Rule. The rule requires trucking fleets to install diesel particulate filters and upgrade their truck engines beginning in 2012, though several amendments to the rule are scheduled to be presented this fall.

The rule is estimated to cost trucking companies between $6 and $10 billion.

In December 2009, a scandal emerged when it was revealed that CARB Chairman Mary Nichols told some, but not all, CARB board members that the agency had learned its top researcher for the Truck and Bus Rule, Hien Tran, had faked his resume and lied repeatedly to his superiors at the air quality agency.

Tran, Enstrom said, ordered his doctoral degree online for $1,000.

Tran claimed that he had a doctorate degree in statistics from the University of California at Davis, but that was later found to be untrue. Nichols told some board members about the lie. Other board members who were kept in the dark for nearly an entire year, were outraged. Some board members called for a review of the science behind the Truck and Bus Rule.

Tran is still employed at CARB.

If you’re heading to the Mid-Atlantic region with a load, or happen to live there, you need to be keeping an eye on Hurricane Earl.

The National Oceanic Atmospheric Administration – NOAA – issued an alert Tuesday morning warning residents and travelers in the mid-Atlantic region that the Category 4 storm could be moving that direction.

As of Tuesday morning, Aug.31, Earl was producing hurricane-force winds up to 70 miles from its center and tropical storm winds up to 200 miles out from the center. The storm is expected to stay a Category 4 hurricane for at least the next day or two, according to the agency’s latest public advisory.

Traveling in and out of areas bracing for Earl’s potential landfall can be tricky. Any state that initiates an evacuation order can reverse inbound lanes to assist with residents and travelers leaving the area.

The following are links to evacuation plans available for the coastal states in the Mid-Atlantic region under the most current threat of Earl:

• Delaware
• New Jersey
• North Carolina
• South Carolina
• Virginia
• Washington, DC

As the path of Hurricane Earl becomes more evident and as information becomes available, Land Line will modify this list.

Many truckers faced a dilemma in past hurricane seasons – violate HOS and “get out of Dodge,” or comply with the regs and get stuck in the middle of a dangerous storm.

While it would seem that logic would kick in at some point and truckers would be allowed to save their hides, just like people living in the area, it hasn’t always worked out that way. The Owner-Operator Independent Drivers Association fielded a number of questions and took a few complaints on this very subject during Katrina and Rita.

According to a Federal Motor Carrier Safety Administration, there is an automatic HOS exemption if an authorized government official issues a declaration of an emergency and the motor carrier is providing direct relief to the protection of human life or public welfare.

Specifically, federal regulations – CFR 49 Part 390.23 – allow the temporary lifting of certain safety regulations for any motor carrier or driver providing direct assistance in relief during a declared emergency. This includes easing the HOS regulations for drivers.

Truckers in an evacuation area wanting info on whether an HOS moratorium is in effect should contact an FMCSA regional service center.

The following list includes the location, phone number and territory included for each FMCSA regional service center. These numbers will be valuable in determining whether hours-of-service waivers have been issued for a region either threatened or hit by a hurricane or other disaster.

• Eastern Service Center
  

  443-703-2240
  CT, DC, DE, MA, MD, ME, NJ, NH, NY, PA, Puerto Rico, RI, VA, VT, WV

• Southern Service Center
  

  404-327-7400
  AL, AR, FL, GA, KY, LA, MS, NC, NM, OK, SC, TN, TX

• Midwestern Service Center
  

  708-283-3577
  IA, IL, IN, KS, MI, MO, MN, NE, OH, WI

• Western Service Center
  

  303-407-2350
  American Samoa, AK, AZ, CA, CO, Guam, HI, ID, Mariana Islands, MT, ND, NV, OR, SD, UT, WA, WY

• 
  

A company specializing in the diagnosis and treatment of sleep disorders in “risk-sensitive” industries – such as trucking – has added former FMCSA chief John Hill to its staff.

Hill joins SleepSafe Drivers as the company’s senior adviser of regulatory affairs.

The former head of the Federal Motor Carrier Safety Administration said the trend of trucking companies investing resources to recognize and treat sleep apnea with their drivers “is an important initial step before the government regulates the issue.”

The company offers in-cab diagnostic tests with results and an auto-titrating positive airway pressure prescription “the next morning.”

A handful of OOIDA staffers, including Land Line Now Host Mark Reddig, spent much of the first two days at the OOIDA booth meeting and greeting truckers.

Reddig will be working the booth again through the end of the show on Saturday, so if you’re headed to the big show in Dallas, drop by and say hi.

You can join OOIDA for a $20 discount there as well. Find OOIDA at booth 14085 or at the First Observer booth, number 21124. 

St. Christopher Fund Medical Resources Vehicle is at Dallas as well, offering its usual array of health services in addition to a special eye scanner. OOIDA Member John Osburn pilots the MeRV. He says Dr. John McElligott will be there this weekend, too. For more information on the MeRV, check out the Facebook page here.

If chrome hits your hot button, an estimated 57 custom rigs showed off today for attendees, including a number of OOIDA members’ trucks.

While you’re at GATS, there’s entertainment, food and drink at the parking area in Lot E outside the convention center from 5 p.m. until 10 p.m.  

Truckers out on the road across the country should take note of the calendar. Primary elections are scheduled in 10 states in the next few weeks.

Voters in Louisiana will head to the voting booth Saturday, Aug. 28. Registered voters can visit voting booths Sept. 14 in Delaware, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, Vermont and Wisconsin. The primary season wraps up Sept. 18 when voters in Hawaii cast ballots.

With the exception of New Hampshire, Vermont and Wisconsin, truckers who have yet to register to vote in their home state won’t be able to turn in the appropriate paperwork in time for the September primaries, but there still is time to register for the Nov. 2 election.

New Hampshire and Wisconsin residents can register on Election Day at their policing place. In Vermont, residents have until Sept. 8 to register.

Professional drivers who are registered to vote should make the effort to cast their ballots. Although primary elections generally don’t receive the same attention as the fall election, they can be just as, if not more, important.

Races for various elected offices will be trimmed in the lead up to November. A variety of other issues, including issues of significance to the trucking industry, also will be on primary ballots.

To encourage truckers to get involved in the process, OOIDA is once again focused on providing truckers with information on how to register in all 50 states and on early voting and absentee ballots – where available.

Visit TruckVote.com for more information. Truckers who have questions or who need assistance can call the OOIDA Membership Department at 800-444-5791, Ext. 4906.

For more November 2010 elections coverage from Land Line, click here.

Several closures will make weekend travel near downtown St. Louis and the Chesterfield, MO, area challenging. The Missouri Department of Transportation is advising drivers to use interstate loops such as I-255 and I-270 around the city if possible.

• IDOT will close Interstate 55/Interstate 70 in East St. Louis at Exchange Avenue to demolish the Exchange Avenue Bridge over the interstate. Crews will close the interstate at 9 p.m. Aug. 27 and will reopen the interstate by 5 a.m. Aug. 30. The detour for the closure is Interstate 255 and Interstate 64.

• MoDOT will close eastbound I-64 in St. Louis City from 22nd Street to 8th Street (MM 38-40) to paint the double deck section of the interstate. Crews will close eastbound I-64 at 8 p.m. Aug. 27 and will reopen the interstate by 5 a.m. Aug. 30. The detour for this closure is Interstate 170 and Interstate 70.

• MoDOT will also close westbound I-64 (Route 40) in Chesterfield between Long Road and the Missouri Research Park (MM 11-16) to conduct rehabilitation work on the Boone Bridge, Spirit of St. Louis Boulevard overpass and the Chesterfield Airport Road overpass. Crews will close westbound I-64 at 8 p.m. Aug. 27 and will reopen by 5 a.m. Aug. 30. The detour for this closure is Interstate 270 and Interstate 70.

• MoDOT will also close two left lanes on I-55 between I-44 and I-64, and the two right lanes on the Poplar Street Bridge (I-55/64/70). These lane closures start at 7 p.m. Aug. 27 and will be opened by 5 a.m. Aug. 30.

For the second straight week, diesel fuel prices have dropped – down 2.2 cents per gallon to $2.957.

On Monday, Aug. 23, the U.S. Energy Information Administration is reporting that fuel prices have dropped in eight of the nine regions of the country. The Rocky Mountain region is the only one reporting a slight five-tenths of a cent increase from a week ago to average $3.016 per gallon.

A year ago, diesel was selling for around $2.668, about 28.9 cents per gallon less than it is now. Diesel prices are still above the $3 mark in five of the regions.

The Lower Atlantic region beat out the Gulf Coast region with the lowest fuel prices of all of the regional averages, as prices there dropped 3 cents to $2.910 per gallon.

The California region is again posting the highest diesel prices at $3.171 per gallon, a drop of 1.5 cents from a week ago.

National average – $2.957
East Coast – $2.952
New England – $3.009
Central Atlantic – 3.038
Lower Atlantic – 2.910
Midwest – $2.927
Gulf Coast – $2.916
Rocky Mountain – $3.016
West Coast – $3.114
California – $3.171

Here’s a recall worth talking about. This one is good news for the trucking economy and especially good news for Volvo.

The company is recalling 270 laid-off employees to report back to work at the New River Valley Assembly Plant in Dublin, VA, effective Sept. 6.

A Volvo statement detailed an increase in orders for 2010-compliant trucks as a factor. Volvo recently publicized a production order of 600 trucks for Penske and 370 trucks for Knight Transportation.

“We’re continuing to win significant orders from new customers that until now have not had Volvo trucks in their fleets,” company officials said in a statement.

The New River Valley Assembly Plant had at one time employed 3,200 people according to a company fact sheet.

With a current roster of 1,200 employees, a recall of 270 workers amounts to a 23 percent increase, the company reported.

“We don't publicly discuss our build rates, but obviously a recall of this size is in line with a significant increase in production,” company officials stated.

The plant assembles and paints various Volvo and Mack cabs, including the Volvo VN and VT.

– By Land Line staff

It happened on I-20 westbound at exit-80 at the Morton exit.  The truck was hauling washing detergent when it caught fire, and the department of transportation says the cleanup will take a few more hours. 

The Morton exit on I-20 westbound is closed due to a fire involving an 18-wheeler.

No injuries are reported.

Source: WLBT

An early summer “strike force” targeting drug and alcohol violations by bus and truck drivers resulted in 109 drivers being removed from the road.

Federal Motor Carrier Safety Administration’s annual drug and alcohol strike force sweep took place June 21 through July 2.

FMCSA confirmed to Land Line that of the 109 drivers FMCSA officials took off the road, 100 were truck drivers. Of the 100 drivers, 16 had hazmat endorsements with four of those drivers operating a hazmat vehicle at the time of the crackdown.

The strike force also took 12 drivers with passenger endorsements off the road; eight were driving a bus at the time of the enforcement.

“If you are a commercial driver or carrier operating in violation of federal drug and alcohol laws, we will remove you from our roadways,” said U.S. Transportation Secretary Ray LaHood. “Parents deserve to know their children are being driven by bus drivers who are drug and alcohol free, and every motorist deserves to feel confident that the drivers of large trucks and buses are safe and sober.”

During the two week sweep, FMCSA strike force investigators examined the drug and alcohol safety records of commercial drivers employed by bus and truck companies, including school bus drivers, interstate passenger carriers, hazardous material transporters and general freight long-haul trucking companies.

Their goals were to identify motor carriers in violation of federal drug and alcohol testing requirements and to remove from the road commercial truck and bus drivers who jump from carrier to carrier to evade federal drug and alcohol testing and reporting requirements.

“FMCSA is committed to ensuring that only safe commercial drivers and carriers are allowed to operate,” said FMCSA Administrator Anne S. Ferro. “Our annual drug and alcohol strike force is just one of the ways we weed out those ‘bad actors’ and make our roads safer for everyone.”

The 109 commercial drivers identified in the sweep face the prospect of a monetary fine and being barred from operating a commercial motor vehicle for failing to adhere to federal drug and alcohol regulations.

Additionally, 175 commercial carriers face pending enforcement actions for violations, such as using a driver who has tested positive for illegal drugs and for not instituting a drug and alcohol testing program. Both drivers and carriers will have an opportunity to contest the alleged violations and the amount of the civil penalties.

Despite a heads up from the head of the Wyoming Department of Transportation about the long-term deterioration of roads without substantial increases in revenue, a special legislative panel opted against a proposal to charge sales tax on fuel purchases. Other options will be considered this fall.

The Joint Transportation, Highways and Military Affairs Interim Committee met recently to vote on two draft bills that could be considered during the 2011 regular session. Faced with flat federal funding and increased costs, lawmakers appear to be open to various options.

But a proposed 4 percent sales tax on gas and diesel at the point of wholesale distribution was rejected on a 7-6 vote. Sought by Sen. Michael Von Flatern, R-Gillettee, an anticipated $56 million annually in sales tax revenue would have been used solely for roads.

Local governments would have had the option to raise the tax by up to 2 percent, which WYDOT estimated could add up to another $28 million a year if all counties followed suit.

The committee opted to delay until its October meeting consideration of a proposed dime increase to the state’s tax on gas and diesel.

The panel is in the process of working through various funding methods to help pay for transportation work. One option for funding work on roadways such as Interstate 80 includes increasing the state’s tax on diesel and gas by a dime. Sen. Gerald Geis, R-Worland, is calling for the 14 cent-per-gallon tax to rise to 24 cents.

Advocates say a penny increase would be expected to generate about $6.8 million.

Geis’ effort is similar to a plan endorsed by the panel nearly a year ago. Last fall, lawmakers opted to pursue increasing the tax rate over the course of two years. During a meeting this spring, lawmakers decided against the two-year phase-in.

Out-of-state drivers appear to be the target of the proposed tax increase. WYDOT officials say that 53 percent of revenue collected from the fuel tax is paid by nonresidents.

However, critics say there isn’t enough will for the state to increase taxes. Another funding scenario that could get attention in the months to come is adding tolls along I-80.

The Owner-Operator Independent Drivers Association is opposed to efforts to pursue tolls on existing highways built with tax dollars. The Association believes that states must come up with ways to fund highway expansion without putting an additional burden on truckers and on others already paying their fair share in taxes.

WYDOT officials say something must be done because Wyoming doesn’t have enough state or federal money to maintain the interstate. They say the situation will only get worse with traffic projected to double in 30 years. Trucks account for about half of the traffic.

To view other legislative activities of interest for Wyoming, click here.

– By Keith Goble, state legislative editor

It appears that New York Gov. David Paterson is backing away from a proposed plan aimed at restricting large truck traffic in the Finger Lakes region.

At a press conference on Tuesday, Aug. 17, Paterson stated that “rather than issuing a new regulation, the state is utilizing (the) New York State Department of Transportation’s existing regulatory powers in combination with new strategies and tools to resolve the issue of large through-trucks traveling in the Finger Lakes.”

Paterson said that a number of steps have been used to “achieve solutions that preserve the quality of life, commerce, agriculture and safety of Finger Lakes communities.”

For more than two years, long-haul truckers have been fighting a proposed regulation that was mainly aimed at reducing the number of trash haulers from New York City who were bypassing the New York State Thruway on their way to Seneca Meadows, a major landfill in upstate New York. Originally, the plan sought to restrict all large truck traffic from using these state routes except for pick-up or delivery.

OOIDA was part of a coalition organized by the New York State Motor Truck Association and others whose businesses would have been negatively affected if all large truck traffic would have been restricted from these state routes.

According to the governor’s statement, a routing-restriction clause was added to the “landfill’s new and/or renewed contracts with waste haulers.” Trash haulers must use Interstate 81 and the Thruway. The policy is expected to be completely adopted by October 2011.