OOIDA submitted by OOIDA The Owner-Operator Independent Drivers Association is the international trade association representing the interests of independent owner-operators...
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Overwattage Headlights
Last week's column on overdriving low beam headlights resulted in some
interesting comments. Chief among them was the thought that this wasn't
a problem because the driver had installed high wattage bulbs and now
had more light to see with. Do you suppose that these drivers don't
know this is a bad practice or just don't care about themselves and
others who use the highway?
In general, low beam headlight bulbs use in the neighbourhood of 50
watts of electrical power. The lens assemblies, switches and wiring are
designed with this in mind. If you purchase and install "off highway"
higher wattage bulbs you are not doing yourself or others a favour.
Glare is the main worry when this has been done. The lenses will tend
to scatter some of the extra light which bothers oncoming drivers. If
it is foggy, snowing or raining, the light will backscatter from these
conditions and interfere with the driver's ability to see as well.
The extra current demanded by these lamps will result in heat
generation within the electrical components and the headlight lens
assemblies. Premature wear, melting of plastic parts and the possibly
an electrical fire could be the result. Do you still think that this is
an acceptable solution to the possibility of over-driving your low beam
headlights?
Sending or receiving a text message generally costs less than some
pocket change. But texting while driving now will cost a lot more for
truck and bus drivers - and as far as some local truckers and motorists
are concerned, that's fine.
Last week, the U.S.
Department of Transportation banned drivers of commercial trucks and
buses from texting while driving. Those who violate the ban may be
subject to civil or criminal penalties of up to $2,750.
Drivers
who send and receive text messages take their eyes off the road for an
average of 4.6 seconds out of every 6 seconds spent texting, according
to the Federal Motor Carrier Safety Administration.
At
55 mph, a texting driver is traveling the length of a football field,
including end zones, without looking at the road, according to the
Transportation Department.
During interviews last week at a gas station near Interstate 75, drivers expressed support for the new rule.
"I
can't imagine anyone would think it's intelligent to text and drive,"
said Lee Whitridge, a Fort Pierce woman. Whitridge said texting should
be illegal for all drivers, but banning it for truck and bus drivers is
a good place to start.
Richard
Melton of Dunnellon said a ban on texting is "a good idea." He said
it's not right that the ban applies only to truck and bus drivers, as
he has seen motorists swerving on the road, distracted by their cell
phones. "It should be for everyone," Melton said.
"I
want people to be focused on the road," said Susan Harris of Maryland.
Both of her sons have been rear-ended in accidents by drivers who were
using cell phones. Harris said the ban should be for all drivers, not
just truck and bus drivers.
In fact, truck and bus
drivers usually are more experienced drivers because they go through
training and testing for their commercial licenses, Harris said.
Thomas
Perez, a truck driver for 15 years, said when drivers take their eyes
off the road to text, it's dangerous for everyone. He said texting
ought to be prohibited for all drivers, not just truck and bus drivers.
Perez said he occasionally sends and receives text messages while driving, but the ban and the fine will change his habits.
Perez
also regularly uses an in-cab computer to communicate with dispatchers
while driving, which is just as distracting as texting, he said. The
Transportation Department said it plans to regulate the use of other
electronic devices in the coming months.
"Text
messaging should be illegal all the way around," said Larry Cairnas, a
truck driver for 18 years. Truck drivers are supposed to be
professional, so the higher standards are understandable, he said.
Cairnas
said from high in the cab of his truck that he has seen drivers using
laptops, reading newspapers, putting on makeup, and just about
everything else. Texting is just another thing to distract drivers, he
said.
Daniel Prinz, a
truck driver for 10 years, said that while he does not like additional
regulations, a texting ban is probably a good thing. Prinz said he does
not text while driving, but he often sees drivers "messing with their
phones."
Nineteen states
and the District of Columbia already have text messaging bans for all
drivers, according to the Governors Highway Safety Association. Florida
does not have statewide restrictions on texting.
In July 2009, U.S. Sen.
Charles Schumer, D-N.Y., introduced a bill that would reduce the amount
of federal highway funding by 25 percent for states that did not enact
texting bans. The bill is currently in the Senate Committee on
Environment and Public Works.
The
government's announcement last week was followed by an unexpected
announcement. According to USA Today, a study by the Highway Loss Data
Institute found no reduction in vehicle crashes after bans on handheld
cell phones were enacted in New York, Connecticut, California and
Washington, D.C.
The California Air Resources Board has launched a $20 million
“funding assistance program” aimed at spurring the purchase of hybrid
trucks and buses. As usual with most CARB grant programs – the program
is restricted to vehicles to be used in-state only.
CARB will
hand out vouchers ranging from $10,000 to $45,000. The program is
expected to put as many as 800 vehicles on the road. Vouchers will be
distributed on a first-come, first-served basis.
“Regardless of the size of their fleet, (each) is limited to a maximum of 100 vouchers,” a CARB statement read.
“This
will accelerate our progress in cleaning up the air we breathe and
reaching our climate change reduction goals,” CARB Chairman Mary
Nichols stated.
Program participants must agree to register and operate the vehicle in California for three years.
Minnesota diesel program loans money to small business truckers
Small trucking businesses from Minnesota have an opportunity to
obtain a low-interest loan for specific equipment purchases that will
cut emissions.
The Minnesota Pollution Control Agency’s Small
Business Environmental Improvement Loan Program provides loans of
between $1,000 and $50,000 at an interest rate of either 4 percent or
half the prime rate – whichever is higher. The repayment term is a
maximum of seven years.
Applications will be evaluated based
on the applicant’s financial need and ability to secure and repay the
loan, as well as the projects’ expected environmental benefits.
“Benefits
include reduced worker exposures … and reduced regulatory burdens,” the
Minnesota Pollution Control Agency stated on its Web site. “Frequently, these benefits also have a positive impact on the businesses’ bottom line.”
The
loan program will accept applications based on quarterly deadlines,
including by April 1, July 1 and Oct. 1. For more information, contact
Mike Nelson at 800-985-4247 or e-mail michael.nelson@pca.state.mn.us.
Joe
Rajkovacz, OOIDA director of regulatory affairs, said the Association
will continue to make truckers aware of local, state and federal grant
programs. OOIDA informs members through its Web sites, Land Line Magazine and daily satellite radio show Land Line Now on Sirius XM.
“It’s
important that small-business truckers know this money is out there,”
Rajkovacz said. “We’ve helped to put literally millions of dollars into
the hands of our members.”
Arrow-gate: Layers of deception ran deep at Tulsa-based Arrow Trucking
“Oh, what a tangled web we weave when first we practice to deceive.” – Sir Walter Scott
Attorneys
and forensic accountants, along with some former Arrow Trucking
employees, are still sifting through the financial nightmare nearly two
months after the Tulsa-based company’s abrupt collapse.
In
December
2009,
the Tulsa, OK-based motor carrier unexpectedly shuttered
its doors and left several hundred drivers stranded all over the
country, some under loads with no fuel, no way to get home, and no
guidance from company executives. Instead, the trucking community
banded together to get these drivers
home.>>>>>>>>>>>>>...................................
"The latest armored vehicles aimed at stopping roadside bombs are so maneuverable off roads that they give U.S. troops an offensive advantage as they prepare for major operations against insurgents this spring, a Marine general running the vehicle program says.";
Vanden Brook, USA TODAY
WASHINGTON — The latest armored vehicles aimed
at shielding troops from roadside bombs are so maneuverable off roads
that they give U.S. troops an offensive advantage as they prepare for
major operations against insurgents this spring, a Marine general running the vehicle program says.
The speed and maneuverability of the new Mine
Resistant Ambush Protected (MRAP) vehicles transform it "from simply a
means of transportation to an offensive capability," Brig. Gen. Michael
Brogan said.
There are about 300 of the all-terrain MRAPs
being used in combat, Brogan said. Military leaders seek 6,000 more of
the vehicles to protect troops from improvised explosive devices
(IEDs). Last year, the number of IEDs planted by insurgents more than
doubled to nearly 8,000.
The ability to travel off-road is critical in Afghanistan.
The country is about the size of Texas and has rugged terrain and few
paved routes. Standard MRAP trucks, which have a high center of gravity
and weigh more than 30,000 pounds, have been confined mostly to the
roads that do exist.
Lack of mobility makes MRAPs and other heavier
vehicles easier to target for insurgents, Brogan says. Better mobility
was a key requirement for the new truck.
"This vehicle offers the ability that the
baseline MRAPs didn't, namely the ability to get off-road and
maneuver," Brogan said. "That makes the targeting exponentially more
difficult for the bad guys."
The vehicle enables troops to stay unpredictable
and confound insurgents, says Dakota Wood, a military analyst with the
Center for Strategic and Budgetary Assessments.
"As long as you have to travel on roads, you
make yourself an easier target," Wood said. "If you broaden your
options on where you can go, that's good for you."
MRAPs have proved far safer in bomb blasts in
Afghanistan than any other vehicle. Troops are "tens of times" more
likely to be wounded or killed in other vehicles in an IED attack,
according to the Pentagon's Joint IED Defeat Organization.
Defense Secretary Robert Gates
told a Senate panel Tuesday that IEDs are "absolutely the worst killer
and maimer of our troops." He said MRAPs made "a huge difference" in
limiting the carnage from IEDs.
Starting this month, 500 to 1,000 new MRAPs will begin arriving per month in Afghanistan, Gates told senators.
There are more than 70,000 U.S. servicemembers
in Afghanistan, and about 100,000 will be there later this year as part
of the escalation ordered by President Obama. There may be the need for
4,000 more MRAPs, Brogan said. The final number will be determined by
the Pentagon and combat commanders.
It takes about 14 hours for Oshkosh Defense,
the truck's maker, to produce the vehicle on its assembly lines in
Wisconsin and Pennsylvania, Brogan said. The company is about 300
trucks ahead of schedule, he said.
It's an expensive effort. The trucks cost about
$1 million apiece. Demand for them requires that each is flown in by
cargo jet. It costs more than $150,000 to fly each one aboard an Air
Force C-17 cargo jet or $140,000 aboard a commercial flight. By spring,
the Pentagon hopes to have enough of the trucks in Afghanistan to begin
sending them by ship, a slower but cheaper alternative to flying,
Brogan said.
SPECIAL REPORT: Another good ruling for OOIDA in C.R. England case
OOIDA received another good ruling last week from U.S. Magistrate Judge David Nuffer in the case of OOIDA v. C.R. England.
The
class action lawsuit was first filed in 2002 and went to trial in
federal court in 2006. The takeaway for OOIDA and trucker plaintiffs
was a benchmark truth-in-leasing victory for truckers.
Following
the decision in Salt Lake City, U.S. District Court Judge Ted Stewart
referred the case to Magistrate Judge David Nuffer to oversee the
disposition of individual class members’ escrow claims.
One
issue before Judge Nuffer was whether Utah-based motor carrier C.R.
England could assert set-offs for alleged repair and maintenance costs
against individual class members’ escrow accounts in the damages phase
of the case. OOIDA and the truckers had moved to exclude these set-offs
from consideration on the ground that the court required C.R. England
to deduct any repair and maintenance charges from class members’ escrow
funds when the motor carrier filed its final accounting in November
2008. The company opposed OOIDA’s motion on the ground that these
repair and maintenance charges were “newly discovered” and were
“legitimate set-offs.”
The magistrate judge rejected C.R.
England’s arguments and ruled that it could not assert any claim for
repair or maintenance charges against class members during the current
damages phase of the case.
He said that the plain language of the court’s ruling prohibited the consideration of these set-offs during the damages phase.
“Essentially,
Judge Nuffer said that C.R. England missed the boat by not identifying
these set-offs in its final accounting,” said David A. Cohen, attorney
for The Cullen Law Firm, OOIDA’s litigation counsel. “The judge also
said that letting C.R. England assert these claims at this late date
would only serve to prolong a case that has been pending for many
years.”
Cohen called this latest ruling another big win for OOIDA and members of the class action.
“It
takes over $600,000 in alleged set-offs against individual class
members off the table. Many of the affected class members (roughly
half) are entitled to 18 percent interest per year on their unlawfully
retained escrow funds. My preliminary calculations are that, based on
this ruling and the 18 percent ruling, C.R. England will owe the class
roughly $1 million just on these repair and maintenance set-offs.”
Cohen
said the $1 million does not include additional damages owed to class
members based on the court’s prior exclusion of refurbishment claims.
Cohen said C.R. England may appeal Judge Nuffer’s ruling.
Bills to increase Virginia speeds to 70 mph advance
Virginia lawmakers are moving full speed ahead with legislation to
allow vehicles to travel faster along some highways throughout the
state.
The Virginia Senate voted 29-11 Tuesday, Feb. 2, to
approve a bill that would increase the 65 mph speed limit to 70 mph for
all vehicles on rural sections of interstates where engineers deemed it
safe. The change would also apply to other multilane, divided,
limited-access highways and high-occupancy vehicle lanes.
The
bill – SB537 – now moves to the House where an identical measure was
approved Tuesday on a 71-26 vote. The House bill – HB856 – is on its
way to the Senate for further consideration.
One version of
the legislation must gain approval from both chambers before it can
advance to Gov. Bob McDonnell’s desk for his signature.
The
pursuit of higher speeds has the backing of McDonnell. He pledged
during his run for governor to pursue faster travel on rural stretches
of highway statewide. During his recent State of the Commonwealth
Address, he reiterated his desire to see 70 mph speeds implemented on
stretches of I-95, I-64, I-77 and I-81. McDonnell pointed out that 32
states already have 70 mph speed limits, and 13 states have speeds set
at 75 mph.>>>>>>>>>>>>>..........................
Ontario, B.C. handing out fines for distracted driving
The warning period is over and fines have begun for distracted drivers in the provinces of Ontario and British Columbia.
Police
began handing out fines starting Monday, Feb. 1, for those caught using
hand-held communications devices while behind the wheel. Fines are $155
in Ontario and $167 in B.C. Those caught texting in B.C. while on
graduated licensing could receive three penalty points.
“The
distracted driving law makes it illegal for drivers to talk, text,
type, dial or e-mail using hand-held cell phones and other hand-held
communications and entertainment devices,” Ontario Ministry of
Transportation officials stated. The ban also applies to laptop
computers and DVD players.
Pressing one button to answer a
call is permitted, while hands-free technology and the use of
communications for emergency purposes are exempt.
According to Ontario’s posted regulations,
some commercial applications are exempt from the law until Jan. 1,
2013. Commercial exemptions apply to drivers engaged in work duties
using two-way radio communications in the following: courier delivery
vehicles, tow trucks, roadside assistance, taxicabs, limousines, street
cars and road-building machines.
The B.C. law allows the use of two-way radios for commercial purposes.
– By David Tanner, staff writer Courtesy of LandLine Magazine
As many of you know, I work with new and prospective drivers through my
yahoo group. Recently, one of the members told this story during a discussion on
the dangers of deer; I will call this driver ‘Joe’.
Joe is an experienced driver who works for a middle-sized company. One day,
a deer ran out in front of his truck. Joe hit the deer which did about $2,000.00
worth of damage to his truck. His company brought him and his truck to the yard
and repaired the damage. Joe was not charged with a preventable accident.
Another driver with the same company also had a deer run out in front of
his truck the same week as Joe did. This driver tried to avoid the deer instead
of hitting it, hit a guard rail and went in the ditch. The repairs to the truck
alone were $12,000.00 not to mention the guard rail and tow bill. The driver was
charged with a preventable accident on his record and did not understand
why.
What was the difference between the two accidents? Was it the cost of the
repairs? No, it was not the cost of the repairs. It was how the driver reacted
to the deer running out in front of the truck. Joe retained control of the
situation and mitigated damages. The other driver lost control of his truck and
put himself in the situation of damaging the equipment and possibly killing
someone else along with himself. He did nothing to retain control of the
situation.
Another of my group’s members told a story about how he was in a dock and
he did not realize that he was crooked between the lines. Another truck backing
into the dock next to him hit his truck’s fender. His company, after looking at
the photos, charged him with a preventable accident on his record even though he
was sitting still and another truck hit him. Why? He was docked crooked in the
lines, his mistake.
Most accidents are caused because of mistakes, of course not all, but most
are. The driver who rear ends another vehicle was either following too close or
was not paying attention. There are rare cases of someone cutting off another
vehicle and getting rear ended, but honestly, if the driver of the vehicle that
is being cut off is paying attention, shouldn’t they have time to hit the brakes
or at least slow down? This is how a safety department and most law enforcement
officials, looks at things.
Almost all accidents are preventable in most cases. Of course, one has no
control over wildlife or other drivers who might come across the median or
center line and hit you. In those cases, one can only try to mitigate damages
and retain as much control over the equipment and situation as possible.
During the course of our careers as truck drivers and with as many miles we
all drive a year, accidents of some sort or another are bound to occur. This
does not mean that we can become complacent or blasé about any sort of accident,
even just a scratch on the fender from a tight backing situation is preventable.
It does mean that we have to be even more diligent than ever to avoid having a
preventable accident on our records. The safe operation of our equipment is the
most important part of our jobs. By being safe and avoiding accidents we not
only protect our careers, but also the motoring public and our company’s
bottom-line.
It
was just before midnight when the 18-wheeler heading westbound on I-10
drove around the curve going under Highway 59 and somehow lost control.
When that happened, the big rig jack-knifed and went into the guard
rail at such speeds that the guard rail was torn and ripped for a
couple hundred feet. The driver was not hurt.
Crews were on the scene for hours. Several lanes have reopened after the wreckage was removed but traffic is moving slow.
Porn-Watching Truck Driver Killed Julie Stratton, Mother of Two, Say NY Cops
BUFFALO, NY (CBS/AP) A big rig driver who killed Buffalo mother
of two, Julie Stratton, probably never saw her disabled car before he
plowed into it - that's because he was watching porn on his laptop
computer, say New York State Police.
Stratton died as a result of the injuries she sustained in the Dec.
12, 2009 crash. Thomas Wallace, the 45-year-old truck driver, was
arrested Tuesday and faces charges of second degree manslaughter.
The accident happened on a busy section of Interstate 90 outside of
Pembroke, N.Y. Police say Stratton had hit a deer and had just called
911 to report the accident, according to CBS affiliate WIBV,when Wallace's tractor trailer smashed into her sedan from behind.
.
The investigation into the crash determined that Wallace was an
accident waiting to happen. In addition to watching porn while driving,
he was said to be operating the tractor trailer for over 27 hours with
a very limited amount of sleep.
"Amenities for truckers have come a long way with all the new
technology," Ed Affi-Nito, a trucker with 32 years experience told the
station, "but there [sic] a proper time to use it, and they're [sic]
times when it's just not safe."
Unfortunately for Julie Statton's husband and two young children,
she was sharing the road with one trucker who didn’t make that
distinction.
One team driver dead, other charged after ‘disagreement’
Police in New York say a team driver who was riding in the jump seat
of a tractor-trailer beat the driver to death with a blunt object while
the truck was still going down the highway.
The Buffalo Newsreports it happened Tuesday night, Jan. 26, on the Thruway in Hamburg, just south of Buffalo.
Police
say during the attack, 43-year-old Robert Hardy of Miamisburg, OH, lost
control and crashed into some trees. His alleged attacker, 46-year-old
Rudy Arnette of West Carrollton City, OH, is charged with second-degree
murder.
The two men drove for Falcon Transport in Youngstown, OH, and were hauling a load of auto parts.
Police
say they have information that the two didn’t like working together.
Arnette reportedly told an officer at the scene that he and Hardy had
had a “disagreement.”
Colorado bill would shift Ports of Entry to State Patrol
Truckers are likely to keep a watchful eye on a Colorado House bill
that would transfer responsibility for the state’s Ports of Entry.
The
Colorado Department of Revenue now operates the Ports of Entry weigh
stations throughout the state. Sponsored by Rep. Buffie McFadyen,
D-Pueblo West, the bill would hand over that responsibility to the
State Patrol within the Colorado Department of Public Safety.
With
the move, all statutory authority, powers, duties, personnel, property,
funding, budgeting, purchasing and planning would shift from the
Department of Revenue to the State Patrol.
Supporters say the
transfer would consolidate truck safety and enforcement activities into
one agency. It would go a long way to ensuring greater uniformity and
consistency in truck inspections, interpretations of laws, and
enforcement procedures, they say.
With the state facing a
budget shortfall, supporters are also touting the need to look at
implementing legislation that may improve efficiency and cut spending.
The
motor carrier services division of the Department of Revenue would
continue to be responsible for personnel and facilities dealing with
motor vehicle registrations, while the State Patrol would be
responsible for enforcement-related and certain permit-related
functions at POE weigh stations.
The bill – HB1113 – is in the House Transportation and Energy Committee.
To view other legislative activities of interest for Colorado, click here.
– By Keith Goble, state legislative editor Courtesy of LandLine Magazine
New Jersey enacts federal truck rules, DUI penalties
An effort in New Jersey to comply with federal truck rules has been
signed into law. Two other new laws in the state toughen penalties for
drunken drivers.
As one of his final acts as governor, Jon
Corzine signed into law a bill making various changes to state law
concerning commercial driver’s licenses to conform to Federal Motor
Carrier Safety Regulations.
Previously S3091, the new law
makes fines for violating out-of-service orders more straightforward.
Instead of first offenders facing a fine ranging from $1,100 to $2,750,
they would be responsible for paying $2,500 fines. Anyone who is caught
twice or more would be on the hook for $5,000 and face the possibility
of up to 90 days behind bars.
Motor carriers also face
greater punishment. Employers convicted of knowingly allowing,
requiring, permitting or authorizing a driver in OOS status to get
behind the wheel would face up to $25,000 fines. Previously, the
maximum fine was $11,000.
A separate provision in the new law institutes lifetime bans of CDL driving privileges for certain offenses.>>>>>>>>>>>.................................
Truck drivers who use CB radios to communicate are
able to continue to use those radios for at least another three years,
despite the new distracted driving legislation.
The legislation, which came into effect in October, bans talki
ng, texting or using an MP3 player or GPS unit while driving. As of Monday, violators face $155 tickets.
Stephen Conners, a dispatcher with Glenn Windrem Trucking on
Whittington Dr. in Lindsay, said the legislation allows professional
truck drivers use of CB sets.
After about three years, he said, those sets will be replaced by hands-free CB sets.
Police are advising amateur CB and ham radio users to adhere to
the new driver distraction legislation, saying a microphone is no
different than a cellphone. The Ministry of Transportation says if
those radios are being used to assist in an emergency situation, users
are covered under three-year exemption until January 1, 2013.
City of Kawartha Lakes Police Service Acting Staff Sgt. Kirk
Robertson told QMI Agency that in non-emergency situations "they should
be pulling over to the side of the road."
He said there is a three-year phase out on the use of handheld
two-way radios for police, fire, emergency medical services, the public
service and commercial vehicles, such as transport trucks -- to allow
for the development of hands-free solutions -- but that does not extend
to amateur radio users who are simply communicating.
Ernie Roylance, treasurer of the Victoria Haliburton Amateur Radio Association, said that was his understanding as well.
"It's the same as a cellphone. A microphone is a hand-held device," he said.
He said ham radio and CB operators will also have to wait until hands-free solutions are developed for their older radios.
Amateur radio operators have been successful in getting exemptions in
some other provinces and the Radio Association of Canada is expected to
take up the fight in Ontario, he said.
Celadon Recognized by Transplace as a "Platinum" Carrier
INDIANAPOLIS, Feb 05, 2010 (BUSINESS WIRE) --
Celadon Trucking Services, Inc. a wholly-owned subsidiary of Celadon
Group, Inc.
/quotes/comstock/13*!cgi/quotes/nls/cgi
(CGI
10.06,
+0.45,
+4.68%)
has been named by Transplace to the Platinum
Level of the Transplace Carrier Merit Program, which "represents the
highest level of service, customer satisfaction, dedication, and
reliability" according to George Abernathy, Executive Vice President &
Chief Operating Officer of Transplace.
In addition to honoring Celadon through the Carrier Merit Program,
Transplace recognized Celadon driver Alan Bruns for his professionalism,
safety, and service. Mr. Bruns, who retired from the United States Army
after 28 years of service, has been an over-the-road driver for 18
years. During that time, he has driven over two million accident free
miles. He has obtained an endorsement from the U.S. Department of
Transportation (DOT) to transport hazardous materials (HAZMAT) and a
certification from U.S. Customs and Border Protection to transport
international freight through the Free and Secure Trade (FAST) program.
Mr. Bruns' other achievements include receiving the Indiana Motor Truck
Association (IMTA) "Master Truck Driver Award" in 2008, three Truckload
Carriers Association (TCA) "Highway Angel" awards for good deeds
performed to assist fellow motorists, and recognition as "Trainer of the
Year" in 1995 while working for Burlington Motor Carriers, Inc. Celadon
acquired Burlington Motor Carriers, Inc. in 2002.
"We're fortunate to have drivers like Alan Bruns," said Celadon
President and Chief Operating Officer Chris Hines. "Qualities exhibited
by Mr. Bruns are essential in maintaining Celadon's status as one of the
top fleets in the industry."
Celadon Group Inc. (www.celadongroup.com),
through its subsidiaries, primarily provides long haul, full-truckload
freight service across the United States, Canada and Mexico. The company
also owns Celadon Logistics Services, which provides freight brokerage;
Celadon Dedicated Services, which provides supply chain management
solutions, such as warehousing and dedicated fleet services; and
TruckersB2B (www.truckersb2b.com)
which provides cost savings to member fleets.
Everything that could go wrong probably has gone wrong for Larry Cook.
A
former driver for Tulsa-based Arrow Trucking, Cook said he stands to
lose everything if his luck doesn’t turn around soon since being hurt
on the job in October 2009.
Cook said his “nightmare” started
back on October 29, 2009, when he was instructed by his former company,
Arrow Trucking, to pick up a load of empty trailers in Los Angeles and
haul them to a terminal in Phoenix.
He said a wrecker
service was stacking the trailers when Cook noticed that one wasn’t
lining up quite right. He told the wrecker operator to stop so he could
climb up and fix the problem.
“Once I got it situated, I
hollered down to the wrecker operator to ease it down and something
either slipped or broke, I don’t know which. But the trailer hit me in
the head and the next thing I know I am on the ground and medics are
working on me and I am being taken by ambulance to the hospital,” Cook
told Land Line recently.
After about 20 hours in
the emergency room, Cook, who suffered a head wound and two bulging
discs in his neck, was released from the hospital. He took a cab back
to his truck, where he then set out on his six and-a-half hour trek
back to his home near Phoenix.
“Arrow (Trucking) had someone
pick up my load, but I had to drive myself back – in a neck brace – to
my home in Arizona,” he said.
Cook said once home, he called Arrow Trucking, who was self-insured and had an in-house workers compensation department.
The
news he received was not good. Cook said a claims adjuster told him he
needed to hop on a Greyhound bus and head back to Tulsa for treatment.
The company would not pay for out-of-state treatment.
“At
that time I could barely sit in the car to and from my doctor’s office
and they wanted me to sit on a bus for 1,100 miles back to Tulsa – I
just couldn’t imagine doing that,” Cook said.
His doctor in
Arizona also sent a statement to Arrow Trucking that he was in no
condition to travel until further tests were done to determine the full
extent of his injuries.
“The adjuster kept telling me the
only way we can pay the claim is to go to a Tulsa doctor, which I
couldn’t do, so they kept jacking me around on not paying for anything
up until the day they closed their doors,” he said.
Arrow Trucking shuttered operations just before Christmas, stranding drivers and equipment out on the highways without notice.
He
has received some support from a trucker assistance group known as
Trucker Charity Inc. Currently, Cook said he is receiving government
assistance from the state of Arizona. But he has had no other income
since October 2009 and is behind on his rent, car payment and medical
bills from the accident in California. To make matters worse, his wife
had two heart attacks in August 2009 and has no income coming in at the
present time.
On Tuesday, Feb. 2, Cook said he was referred to a surgeon who may have to remove one of the bulging discs in his neck.
Up
until a few days ago, Cook said still had hope that he would receive
some compensation from Arrow Trucking stemming from being hurt on the
job. That’s because his former company had a $2.35 million bond and
former Arrow Trucking attorney Jay McAtee was hired by the state to pay
Arrow Trucking’s outstanding workers compensation claims.
Cook
said his Tulsa-based attorney called him with the news that there were
“at least 90 claims ahead of us and money was going fast.”
The Tulsa World
interviewed one former claims worker who said “there was a closet that
had a waist-high stack of bills and claims in it.” However, another
former employee stated it was “more like a file room” than a closet.
“I
don’t know what to do anymore,” Cook said. “I told the wife that this
latest news is just another stab in the gut with a knife from Arrow
(Trucking) and every day they keep twisting it in a little harder,” he
said.
– By Clarissa Kell-Holland, staff writer Courtesy of LandLine Magazine
Short on air? IdleAire shutdown unplugs many in-truck CPAPs
Ernie Howe has grown familiar with his routine.
Running
from his home in Parma, ID, to Los Angeles and Phoenix, the OOIDA
member spends most nights of the week at truck stops equipped with
IdleAire plug-ins. Before bed, Howe will plug in his CPAP machine,
strap on a mouth and nose-covering mask, and hit the pillow.
Diagnosed
with sleep apnea a year ago, Howe says a relatively low amount of
pressure from the CPAP machine helps him obtain a healthy eight hours
of sleep each night.
“I can sleep without it, but I’d rather
use it,” Howe said about the machine, which provides continuous air
pressure through a patient’s breathing faculties.
Since
IdleAire ceased operations last week, thousands of truckers who have
obstructive sleep apnea and who use CPAP machines have been scrambling
to find ways to get a peaceful sleep.
Howe – who has driven
truck since 1976, said he was preparing to plug in to IdleAire service
at a truck stop in Hesperia, CA, last week when he was told IdleAire
was shutting down.
Because Howe’s company hasn’t installed
APUs on its trucks, IdleAire’s closing will mean trucks will be idling
at night to provide heat and hotel power. The realities of work time
spent at loading docks and other trucking factors make battery-usage
difficult, he said, especially combined with the power needs for eight
hours of CPAP use.
“I’ve got an inverter, but I’d much rather
use electric-line power – especially if the company is going to pay for
it,” Howe said. “If you leave it plugged to the battery power all night
long, it will run your batteries dead.”
For more information on CPAP machines and inverters, read this May 2008 Land Line article, and this 2007 article.
As for Howe, he’ll either bunk indoors to use his CPAP or go without using it at all.
“I’m going to stop at my sister’s house tonight,” he said. “I can get by without it, but I’d rather not do without.”
– By Charlie Morasch, staff writer Courtesy of LandLine Magazine
Local tractor-trailer driver earns national recognition
James E. DeHaven of Corriganville has been recognized by the
Owner-Operator Independent Drivers Association for four years of safe,
accident-free driving of a commercial tractor-trailer.
DeHaven has been driving professionally for four years and currently hauls general freight.
The
OOIDA Safe Driving Award Program is designed to recognize and reward
OOIDA members for their safe, accident-free years while operating a
commercial vehicle. Safe driving awards are available to all eligible
members who qualify based upon the number of years for which the member
has operated a commercial vehicle without being involved in a
preventable accident.
The national trade association, which
represents the interests of small-business trucking professionals and
professional truck drivers. OOIDA was established in 1973 and is
headquartered in the greater Kansas City, Mo., area. The association
has more than 159,000 members from all 50 states and Canada.
ATA to back Court Case Against Californian Pollution Watchdog
US - Once again the battle lines are drawn up between the environmentally sound principles of the
California Air Resources Board
(CARB) and the equally passionate practicalities of the states truckers
supporting a mixed group of farmers’ representatives, renewable fuel
producers and supporters as the state pushes for a lower carbon fuel
standard. The new law will mean that within ten years all fuel sold in
the state must produce 10% less carbon than at present. Only military
trucks are exempt and feelings run high amongst the California’s
freight truck firms who say this is an imposition too far.
The American Trucking Associations
yesterday joined in a law suit initiated by the Center for North
American Energy Security, Consumer Energy Alliance and National
Petrochemical and Refiners Association. The crux of the argument is
that a state wide legislation merely transfers the low cost petroleum
and diesel available from areas where it is not mandatory with the
associated extra costs. The scheme discriminates against companies like
POET LLC,
which produce ethanol from biomass materials and who it is reported,
have filed a separate suit and say there will be no overall gain from
implementing a change.
The ATA legal challenge is largely based
on the Commerce Clause with assertions that the "shuffling" of
low-carbon fuel to California and away from other states will
significantly burden fuel providers and consumers without any net
change in fuel's carbon-intensity on a global scale.
The
scheme, say the ATA, will effectively ban the sale of fuels derived
from unconventional sources such as converted domestic coal and oil
from sands or shale in Canada and the western USA. The rule will also
apply it seems to sales not use and therefore out of state truckers
might continue to pass through parts of the state with impunity. If
that is the case we may possibly have the situation which existed in
Ireland some years ago when truckers close to the border would cross,
fill bulk tanks with cheaper fuel and then cross back to use up their
reserves on their own fleets.
CARB have reacted strongly to the challenge. In a statement the chairman Mary Nichols said of the objectors:
"Their
actions are shameful. This is a critical tool to help us break our
dependence on fossil fuels. It will protect us from volatile oil prices
and provide consumers with cleaner fuels and provide the nation with
greater energy security. Our analysis shows that producing alternative
fuels under this standard can save consumers as much as $11 billion
over the next decade, and that's in California alone. Instead of
fighting us in court, they should be working with us to provide
consumers in California and the rest of the nation with the next
generation of cleaner fuels."
What exactly are “livable communities,” and how much do they cost?
If you’re a highway user, you could begin paying soon for livable
communities even if it’s not clear where the money would go.
The
Obama administration is proposing to create a new Office of Livable
Communities and fund it with $500 million from the U.S. Department of
Transportation.
The administration included the concept as
part of a $3.8 trillion federal budget request issued Monday, Feb. 1.
The budget request includes $78.8 billion for the U.S. Department of
Transportation of which $500 million would be used to fund and staff
the new office.
Truckers who operate just 4 percent of the
registered vehicles on the roadways – but who pay a 36 percent share of
the bill for highways and transportation through taxes and fees –
deserve to know where the money for “livable communities” will go,
OOIDA leadership says.
“We certainly have some concern with
it because we believe there could be a serious diversion of highway
user dollars to these so-called livable communities and this Office of
Livable Communities,” OOIDA Director of Legislative Affairs Mike Joyce
told Land Line Now on Sirius XM.
“We’re not sure what the benefits truly will be for America’s highway users and America’s truckers.”
Without
a clear intention for the money, the government is leaving no choice
but for the highway user to be skeptical, Joyce says.
“I don’t think anybody at DOT or from the Congress has clearly defined what livable communities are,” Joyce said.
“The
fear is that there is no definition, that there are no true parameters
to what livable communities are and how money can be spent on livable
communities. … And so it ends up at the discretion of the secretary of
transportation and the folks that are running that office as to how
they want to spend that money. That’s a very serious concern.”
– By David Tanner, staff writer Courtesy of LandLine Magazine
The topic of traffic cameras is a hot issue this year at the
Tennessee statehouse. In the months leading up to the start of the
regular session a panel of lawmakers hammered out a proposal to rein in
the use of the enforcement tool. Since then, many more bills have been
offered that cover an array of concerns about camera use.
Many
communities throughout Tennessee permit the use of red-light and speed
cameras to help with enforcement efforts. Supporters say the devices
are about safety and using technology in a helpful way. Others say the
devices free up police to address bigger issues.
Opponents,
including the Owner-Operator Independent Drivers Association, question
the claim that cameras are intended solely to keep people safe. The
Association says the motivation of the local jurisdiction and the
manufacturer is economics.
Concern about using the cameras as
a revenue enhancer has spurred lawmakers to pursue legislation that is
intended to either limit use of the technology or outright ban it.
The
main bill on traffic cameras is the result of months of work by the
House Transportation Committee. Among the provisions included in HB3024
is a two-year moratorium on putting new cameras in place and renewals
of existing contracts. In the meantime, a study would be done on their
effectiveness and usage.>>>>>>>>>>>>..........................
Indiana Senate OKs higher fines for OOS violations
A bill to beef up Indiana’s out-of-service violations is halfway through the state’s General Assembly. OOIDA anticipates that states throughout the country will take steps this year to address truck rules in an effort to protect themselves from possible legal challenges.
The Indiana Senate voted unanimously to approve a bill that would make changes to state law concerning commercial driver’s licenses to comply with Federal Motor Carrier Safety Regulations. The bill – SB74 – now moves to the House for further consideration.
Fines for drivers found violating out-of-service orders would significantly increase. Instead of first offenders facing a $1,000 fine, they would be responsible for paying $2,500 fines.
Motor carriers would also face greater punishment. Employers convicted of knowingly allowing, requiring, permitting or authorizing a driver in OOS status to get behind the wheel would face fines between $2,750 and $25,000. Currently, the fine is $2,500.
Another state pursuing harsher penalties for violating OOS penalties is New Hampshire. Elsewhere, New Jersey and Wisconsin have recently enacted changes into law.
Joe Rajkovacz, OOIDA’s director of regulatory affairs, said these states have every incentive to make sure their rules mirror federal standards. Not only do they see it as a safety issue, but states also have to look out for their pocketbooks.
“If they’re not compliant these states run a risk of having federal funds withheld, but that’s not the only thing they’re mindful of here,” said Rajkovacz.
Rajkovacz said another factor that could be spurring states to take action is legal challenges brought by OOIDA against the state of Minnesota objecting to how six years worth of citations were issued involving motor carrier safety regulations.
“These states are trying to bring their rules and laws into conformity with the federal requirements within the FMCSRs so they aren’t confronted with the issue that Minnesota has found itself having to address in OOIDA’s litigation against their State Patrol,” Rajkovacz said.
To view other legislative activities of interest for Indiana in 2010, click here.
Truckload carrier USA Truck
reported a fourth-quarter loss of $2.5 million, or 24 cents per share,
compared with net income of $599,000, or 6 cents, a year ago.
Total revenue fell to $100.3 million, from $116.2 million, while
trucking revenue fell to $80.9 million, from $89.4 million, the company
said in a statement.
The company said that intermodal revenue grew 44.7% to $2.3 million,
due in part to broadening its customer base with its
trailer-on-flat-car service.
“We believe industry conditions have bottomed,” Clifton Beckham, the company’s chief executive officer, said in a statement.
“However, tractor capacity remains abundant and pricing pressure remains severe,” he said.
For the full 2009 year, USA Truck saw a loss of $7.2 million, or 70
cents per share, compared with an income of $3.1 million, or 31 cents,
in 2008.
Revenue in that period dropped to $317.2 million, from $381.1 million the previous year.
USA Truck is ranked No. 50 on the Transport Topics 100 listing of U.S. and Canadian for-hire carriers.
IdleAire, Inc. announced on Thursday, Jan. 28, that it will cease
operations on Friday after failing to find a buyer for the company.
Wray Williams, director of sales and marketing for IdleAire, confirmed the news for Land Line on Thursday.
According
to a statement, released late Thursday, by IdleAire, the Knoxville,
TN-based company is owned by six investment management companies who
were working together on a sale of the company.
The
statement detailed that more than 150,000 professional drivers and more
than 1,000 fleets were “actively using IdleAire services,” which
included “providing filtered heating and air conditioning, electrical
outlets and a range of communications and entertainment options.”
“The
company had made great strides toward profitability in the midst of a
very challenging operating environment,” the owners said in a
statement. “We believe IdleAire had strong growth potential and was
well positioned to capitalize on the recovering economy. We are very
disappointed that the company is forced to cease operations at this
juncture.”
More than 315 employees will be laid off as a
result of IdleAire’s closure. However, employees were notified in
November 2009 that layoffs could occur. At the time of the closure,
IdleAire had 131 locations in 34 states.
– By Clarissa Kell-Holland, staff writer Courtesy of LandLine Magazine
Currently, the Ohio Turnpike is the Buckeye State’s lone toll road.
That could change if a bill halfway through the statehouse becomes law.
Ohio
House lawmakers voted 72-26 to advance to the Senate a bill that would
authorize regions of the state to come up with new ways to pay for
transportation projects, including tolls, which are intended to drive
economic development.
The legislation would allow for the
creation of 24 transportation innovation authorities. The authorities
could pay for road, bridge, transit and light rail projects through
special fees, dedicated sales or income taxes, or tolls.
The
concept was initially touted a year ago by Gov. Ted Strickland. He
reaffirmed his commitment to the model during this week’s State of the
State address.
The governor says TIAs provide a new and
unique tool for regional cooperation between the public and private
sectors on significant transportation investments.
Others say
the local revenue source could improve the likelihood that a project
gets state and federal funding, as well as help in getting the work
done more quickly.
The Owner-Operator Independent Drivers
Association doesn’t categorically oppose having new roads tolled, as
long as certain conditions are met. OOIDA does, however, stand against
double taxation, diversion and other burdens that toll roads can put on
highway users.
The bill – HB166 – is awaiting assignment to committee in the Senate.
To view other legislative activities of interest for Ohio, click here.
Port of Oakland implements truck rule, says problems minimized
The Port of Oakland said that as of late last week, 94 percent of
drayage trucks seeking to enter the port got in, up sharply from
earlier in the week.
Beginning this past Tuesday, Jan. 19, all trucks with 1993 model year engines or older were banned from entering the port.
Immediately
after the ban on older trucks was implemented, long truck lines at the
port gates prompted some drivers to call for a strike.
The
port reportedly had difficulty processing trucks with its new radio
frequency ID tags that trucks are required to have. The ID tag
information is matched with a checklist showing whether the truck is a
1994 model or newer, and whether it’s pre-approved to operate at the
port.
SPECIAL REPORT: DOT procedure to ban texting concerns OOIDA
Tuesday, Jan. 26, 2010 – U.S. Transportation
Secretary Ray LaHood’s announced Tuesday that text messaging behind the
wheel is prohibited for commercial drivers effective immediately.
It’s
not the intent of the law, but it’s the process and the possibility of
unintended consequences that have the Owner-Operator Independent
Drivers Association raising concerns about the texting ban.
While
the Federal Motor Carrier Safety Regulations do not explicitly prohibit
“texting,” LaHood says the regs do prohibit the use of equipment or
accessories that decrease safety during the operation of a commercial
vehicle. Specifically, LaHood says Section 390.17 of the FMCSRs applies
to electronic devices that send and receive text messages.
OOIDA leadership believes the DOT should have used a formal rulemaking process to institute the ban.
“We support where they are going, but not how they got there,” said OOIDA’s Executive Vice President Todd Spencer.
“Making
their action effective immediately bypasses normal regulatory
rulemaking processes. Those processes allow actions to be vetted for
unintended consequences, as well as potential implementation and
enforcement problems.”
The texting ban comes with a stiff penalty.
“…
Any truck or bus driver who violates the federal regulations mentioned
in this guidance is subject to a civil and/or criminal penalty up to
$2,750,” LaHood stated during a rollout event at the National Press
Club.
OOIDA is concerned about the DOT’s legal justification.
“We
very much share in their goal, but their legal justification for taking
immediate action raises many concerns,” Spencer said.
Truckers are among the safest of all drivers based on miles traveled, and their livelihoods depend on safe operation.
OOIDA’s
position on distracted driving includes calling upon government
entities to educate the motoring public on safe driving practices. The
Association encourages law enforcement agencies to fully enforce
existing laws pertaining to inattentive or negligent driving.
The U.S. DOT is in the process of issuing regulatory guidance in the Federal Register. It states, in part:
“Although
the current safety regulations do not include an explicit prohibition
against texting while driving by truck and bus drivers, the general
restriction against the use of additional equipment and accessories
that decrease the safety of operation of commercial motor vehicles
applies to the use of electronic devices for texting,” the document
states.
The applicable portion of the notice will be posted on www.ooida.com.
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