My Truck News June-July 2014

June/July 2014 Volume 2 Number 4

Inside this issue:

September 7-13, 2014 Sandy Long

2

Rickey Gooch

3

CDL Scholarship

4

Investigation Needed

5

Changes: Private Carrier 6 7 Trucks Taken Off Road

8

Healthy Living

9

The Treadle Valve has been known to malfunction in semi trucks, buses and RV’s See Page FIve.

Brake Safety Week 2014: Coming Soon Operation Airbrake is a comprehensive campaign designed to help educate drivers and technicians on brake safety, encourage brake safety compliance, and enforce the regulations designed to ensure safe operation. This Selective Traffic Enforcement Program (STEP) model has been used successfully in other areas of traffic concerns (most notably seat belt usage), and has been adapted to address the issue of brake violations.

The Operation Airbrake Campaign was initially developed in Canada in 1998.

Purpose Operation Airbrake is an international truck and bus brake safety campaign dedicated to improving commercial vehicle brake safety throughout North America.

Objective The goal of Operation Airbrake is to reduce the number of highway crashes caused by faulty braking systems on commercial vehicles by conducting

Driver Resources: http://www.cvsa.org/programs/op_airbrake.php

roadside inspections and educating drivers, mechanics and others on the importance of proper brake inspection, maintenance and operation.

Have You Checked Your Brakes Today?

Out-of-adjustment brakes and brake system violations combine to represent half of all out-of-service violations issued for commercial vehicles on the road. Brake systems that are improperly installed or poorly maintained can reduce the braking capacity and stopping distance of trucks or buses, a serious safety risk.

Drivers can inspect their brake systems every day.

Even if you can't go under the vehicle, you can listen for air leaks, check low air signals and look for com-

ponent damage. If you can go under your vehicle, you can measure pushrod stroke the same way a CVSA-certified inspector does, and compare the results to the pushrod stroke limits set by regulation.

Inspection Items • Driver License • Registration • Low Air Warning Device • Pushrod Travel (Adjustment) • Brake Linings/Drums • Air Loss Rate (If leak detected) • Tractor Protection System

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FMCSA Gobbledygook

By Sandy Long

“To catch the reader's attention, place an interesting sentence or quote from the story here.”

The definition of Gobbledegook is: Gobbledy gook or gobbledegook (sometimes gobbledegoo) is any text containing jargon or especially convoluted English that results in it being excessively hard to understand or even incomprehensible.

tigue-related if the driver has been on the road longer.”

"Bureaucratese" is one form of gobbledygook.” In doing some research at the FMCSA website, I found a good example of ‘goobledygook’ in the postponed proposed rule making for mandatory EOBRS. https:// www.federalregister.gov/ articles/2011/02/01/20112093/electronic-on-boardrecorders-and-hours-ofservice-supportingdocuments#p-212

Theoretically, if a driver has only been driving one hour, they cannot be fatigued?

Maybe that is why there are so many ‘fatigued’ related crashes then, because we drive for over an hour.

“The agency recognizes that using share of crashes that are fatigue-coded could have two possible problems: Accident inspectors may be more likely to code crashes as fa-

Trish Neal, Editor Business by Design 541-404-0724 Cell /Text 888-269-8775 Fax Call, Text, or Email!

MyTruckNews@gmail.com

www.facebook.com/FMCSA

Well then, if a driver has been driving nine hours and is involved in a wreck, he/she may be cited as being fatigued whether they are or are not actually fatigued.

“ Also, the share of crashes that are coded as fatiguerelated may conceivably increase simply because the share of crashes caused by other factors goes down.

There could be no increase in the risk of a fatigue-related crash (the central question), but an increase in the share of fatigue-related crashes.”

no win situation then as far as more and more regulations about fatigue coming along? Talk about making one’s job a necessity as more people are put on at the FMCSA et al and researchers hired to find out what else can be done to stop fatigued drivers, it is self-perpetuating!

“The Agency has little evidence that either of these factors is a significant problem. Nonetheless, while the data are not as complete as FMCSA would like them to be, the Agency aimed to limit, to the extent possible, the likelihood that drivers will be fatigued, either when they come on duty or during or at the end of a working period.

Safety benefits are based on this reduction in fatigue and an associated reduction in fatiguecoded crashes.”

The FMCSA has little basis in fact for many of the regulations it proposes and puts into effect, The statistics may, because of this is another one. There is no using the time of driving crite- way to determine what a driver’s metabolism is and how ria and a lessening of other that it may affect his/her facauses of crashes, falsely retigue levels even after a full port the incidence of fatigue related crashes thereby show- night’s sleep. There are also too many causes of fatigue in huing an increase of fatigue related crashes. So we are in a Continued on page 9 Our goal is to help Commercial Drivers and their Carriers keep abreast of everything that is coming at them so they might protect themselves from laws that seem to change every day.

1. Truckers for Highway Safety.

2. Controlling traffic violation point issues.

3. Filing DataQ Claims.

4. Truckers with incorrect info on DAC report.

5. Problems with the DOT over sleep apnea.

Justice for Truckers on Facebook Assisting Truckers

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JOIN US AT JUSTICE FOR TRUCKERS

MORE CSA REGULATIONS COMING! Safety compliance expert Jeff Davis, principle officer for Fleet Safety Services, told CCJ Summer Symposium attendees in LaJolla Ca., this morning that a virtual tsunami of add-on CSA regulations and requirements is about to hit the trucking industry.

Citing “regulation fatigue” at the executive level, Davis nevertheless maintains that truck fleets will have to redouble their efforts to stay ahead of the curve on CSA in order to protect their BASIC scores – which are coming under increasing scrutiny by law enforcement agencies and regulatory agencies like FMCSA as well as shippers and insurance companies.

“We’ve come through Phase 1 of the CSA,” Davis explains, “which was the actual launch of the program and understanding how it would work. For better or worse, we now have that information. Now we’re entering Phase 2, which is the actual intervention phase which CSA was all about in the first place.”

In other words, Davis says, fleets must shift from educating themselves about CSA to learning how to operate in a world largely defined by how the pro-

gram views them – a process made even more complicated by the fact that new CSA requirements are looming and the program itself is being used (and abused) in ways never intended.

Davis told Symposium attendees in his estimation, a primary internal purpose of the CSA program was to force motor carriers into using electronic logs. In fact, he maintains that use of e-logs is the only way fleets today can accurately track and control Hours of Service compliance to head off detrimental CSA scores.

New CSA realities now require fleets to use doctors with a Medical Providers Certification to gauge the health of their drivers.

“This rule came into effect on May 21st,” Davis explains.

“The days of simply fogging a mirror to get a medical card are over. Your drivers must get a full, complete physical to drive.”

More annoying, David says, is a brand-new requirement he discovered just last week that calls for the government-certified doctor to, in turn, be re-certified by the

fleet as well.

“You have to place a note in the driver’s file that the doctor who passed him or her Rickey Gooch as fit for duty is government certified,” he explained. “You have to go to the FMCSA website and verify they are certified. This regulation crept says fleets can expect a sleep apnea test to round out the up on us and I have no idea it medical certification process was even being considered for drivers. until I ran up on it last week.”

“The bottom line is that Additionally, Davis befleets are simply going to lieves that hair testing for have to be more hands-on in CSA’s driver drug and alcohelping their drivers get and hol clearing house may soon keep their medical cards,” be required.

Davis adds.

“It’s going to “My advice to fleets is to take more time, more rebe proactive on this front sources and more people to now,” he stresses. “I recomdo so.” mend checking your database on every driver to ascertain whether they’ve had a prior drug or alcohol FREE SUBSCRIPTION! violaSend your Name, email tion and follow address, and up to phone number to make MyTruckNews@gmail.com certain they are You may also Text in comyour information to pliance now.”

541-404-0724 Finally, Davis www.MyTruckNews.com

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Truck Driving Scholarship Honors Late Husband Source: Bainbridge State College, Bainbridge, GA— Donald Alexander loved being a truck driver. A native of Decatur County, he earned his Commercial Driving License (CDL) from the Alabama Driving Academy in 1999 and immediately went to work for several successful trucking companies, eventually working his way to lead driver for Simpson Nursery in Monticello, Florida.

Honoring the memory Of Truck Driver with CDL Scholarship.

Simpson Nursery relied on Alexander to train and mentor new drivers. “The drivers depended on his vast trucking knowledge and experience to assist them with their trucking issues” according to his wife, Elisa. “He took his job very seriously. His appearance was very important to him as he thought a professional appearance and attitude were important factors when representing the company when making pickups and deliveries.”

Sadly, Alexander’s career was cut short in a multi-vehicle accident on January 28, 2014 in Milton, Florida.

http://www.tripcheck.com

Simpson Nursery lost a great employee. Elisa Alexander lost a loving husband.

With a desire to honor the memory of her husband and the profession he embraced with enthusiasm and passion, Elisa, a Bainbridge State College alumni and former employee, established the Donald Alexander Memorial CDL Scholarship for Bainbridge State College’s Commercial Driving program.

According to Elisa, the choice was easy. “I wanted to honor my husband’s memory by creating a legacy through the CDL program. Don was a very generous person who loved to mentor and help. This scholarship will keep his spirit alive as well as assist future drivers.”

This generosity provided much needed financial relief for Bainbridge State CDL student, Frederick Speights. Speights, who dreams of owning his own trucking company one day, is the first recipient of the Donald Alexander Memorial CDL Scholarship.

Upon receiving the scholarship, Speights, an Army Veteran, said, “This scholarship could not have happened at a better time for me financially. I am working hard to obtain my CDL because I want more out of life. This career will provide a stable income for me. I want to save enough money to eventually return to college and earn a bachelor’s degree in business so I can start my own trucking company.”

Remembering Don, Elisa’s message is simple. “Whether you are driving an automobile or semi, you must always look out for the other driver. Don’t try to second guess other drivers. It is best to wait.”

As Frederick accepted the award, he couldn’t agree more. He pledged to use the scholarship to help him complete his training and enter the commercial driving workforce with a determination of instilling the importance of driving safely to honor the legacy of Don Alexander.

www.tripcheck.com/mobile

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Investigation Needed!

By Allan Nightrunner Please ask congress to have the FMCSA and or the NHTSA to start an investigation into the problem and design of the Air Foot Control Valve or called the Treadle Valve. The Treadle Valve has been known to malfunction in semi trucks, buses and RV’s. This will and can cause an accident without warning, leaving many victims in its path. The Treadle Valve and Plunger can cause: 1. The Treadle Valve or plunger to stop or stick in the up position, if this happens the driver has no breaks to stop.

2. The Treadle Valve or plunger to stop or stick in the center position which can happen without the drivers knowledge.

This could happen without applying the brake lights. In which this could cause break drag which can cause the breaks to get hot and or catch on fire.

This has been known to catch vehicles on fire.

3. The Treadle Valve or plunger can stop or stick in the down position. This can or will cause the vehicle to go into a skid or jackknife which could cause the driver to lose control that could then cause an accident.

The Treadle Valve or plunger has had bulletins and recalls since the 1970’s leading up to 2012. The recalls are in different makes and models of Buses, Semi’s, and RV’S. According to the NHTSA there were nearly 3,500 fatalities resulting from accidents that involved a large truck in the United Sates in 2009.

That does not include Buses or RV’S. The Treadle Valve problem is happening more today than in the past years.

WHAT IS A PERSON’S LIFE WORTH? Please Sign the Petition at this site and Share with others: We have started a new petition based on the one that Allan Nightrunner created before but it stopped working. Please go to the petition and sign it and please share it with others. Thank you! https://www.change.org/petitions/congress-have-fmcsa-and-

nhtsa-investigate-design-of-air-foot-control-valve#

Finally Thanks to FMCSA Director ANNE S. FERRO the Air Break Treadle Valve problem goes to Washington! It was a pleasure to finaly meet and discuss the Treadle Valve problem that has killed and injured so many people on the roads and highways with Director Anne Ferro.

Mrs. Ferro took this to be a very high concern for all the people and drivers on the roads and highways.

The Treadle Valve problem is happening more today than in the past years.

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Prevention Is The Answer

Contributed by Wes Curtis

What is a private motor carrier?

Private Carriers Will Be Required to Have a Processing Agent in 2015

A private motor carrier transports its own cargo, usually as a part of a business that produces, uses, sells and/or buys the cargo that is being hauled.

A private motor carrier transports its own goods and is required to have a USDOT number but does not need operating authority (MC number).

What is a BOC-3?

This new requirement applies to every entity under FMCSA’s commercial and/or safety jurisdiction.

In the motor carrier industry, many participants are required to obtain permission from the FMCSA in order to operate their business.For-hire motor carriers are defined in §390.5 as “a person engaged in the transportation of goods or passengers for compensation.” This includes common and contract carriers, brokers, and freight forwarders, all of whom must apply for authority and file specific documents.

The for-hire motor carrier must submit a registration application (Form OP-1, OP-1 (FF), OP-1(P)) to the FMCSA with a $300 fee per application, file proof of required insurance (described in Part 387), submit a Designation of Process Agents (BOC-3), and file an MCS-150 or MCS-150B. New carriers must file these documents before beginning operation and comply with all DOT new entrant requirements.

While many accept the fact that paperwork and forms must be filed, questions quickly arise about “What are Process Agents and what is a BOC-3?”

A BOC-3 is a form required by the FMCSA that grants authorization to the applicant to operate as a for-hire carrier, freight forwarder, or broker.

The BOC-3 requires the applicant to file with the DOT a “Process Agent” for each state in which operations will be conducted.

A Process Agent provides a service by receiving legal documents in any proceeding brought against a motor carrier, broker, or freight forwarder. Every motor carrier or forwarder registered with the Federal Motor Carrier Safety Administration must file a Form BOC-3listing the name and address of an agent for each state. Brokers are required to list process agents in each state in which they have an office and in which they write contracts.

Currently, private carriers are not required to secure Processing Agents in the states they operate in.

However, they will be required to do so under the Unified Registration System as of October 23, 2015. This new requirement applies to every entity under FMCSA’s commercial and/or safety jurisdiction.

A designation is required for each state in which you are

authorized to operate and for each state in which your vehicles travel. See§366.4 – Required States (Effective October 23, 2015).

———————

One Problem Solved, and Possibly Another Problem Created Recently, the FMCSA made a change to the definition of a commercial motor vehicle (CMV) with the intention of making the definition easier to understand. The change was centered on determining the “gross combination weight rating” (GCWR) of a vehicle if the manufacturer did not assign one.

The reason some manufacturers do not assign a GCWR to certain vehicles is that only vehicles that are built with the intention of being part of a combination, such as tractor/ trailer, are assigned a GCWR. Pickup trucks and most straight trucks were not manufactured to be used as a power unit in a truck/trailer combination, even though many are capable of this task and are routinely used in this manner by some fleets.

Therefore, a vehicle not having a GCWR made it difficult for an officer to determine the gross vehicle weight rating (GVWR) without having access to a scale.

Under the new definition in §390.5, gross combination weight rating (GCWR) means

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6 Ways to Protect Your Mobile Device from Theft In the United States and Canada more than 100 cell phones are stolen every minute. The rate of tablet and laptop theft is also growing rapidly. It isn’t just your hardware that is valuable to thieves. Your personal data may be used for identity theft. There are ways that you can protect your mobile devices and your personal data.

Minimize Risk. If you leave

your phone, tablet or laptop in your car, make sure your car is locked and your cell phone is out of sight. If using your device in a public place like a library or café, be aware of your surroundings and put it away when not in use.

Always lock and passwordprotect your device. Even if your phone or other device is stolen, keeping it locked will help protect your data. Some

Truck Fire Partially Closed I-84 WB Lanes West of Pendleton Firefighters worked on a fully engulfed commercial truck fire along the westbound lanes of Interstate 84 near milepost 198 west of Pendleton. The westbound lanes were closed to traffic Preliminary information indicates on July 21, 2014 at approximately 12:13 p.m., a report was received of a truck fire westbound on Interstate 84 near milepost 198. The trailer was transporting produce and the driver got out uninjured. A grass fire also started but was extinguished by responding firefighters.

phones and devices can be set to delete all stored data when an incorrect password is entered a certain number of times.

Use location and anti-theft applications to help find your device. There are a wide variety of apps that help users locate a lost or stolen phone.

Some apps even offer you the ability to delete data remotely or completely disable the device. Check reviews and specifications carefully and test the software before your phone is lost or stolen so you know how to use it when the time comes.

Update all of your account passwords. If your device is stolen thieves may be able to access a wide variety of accounts such as email, social networking, banking and shopping. Some sites offer oneclick purchasing, which could leave you vulnerable to fraudulent purchases. If your device is stolen change all of your passwords as soon as possible.

Photograph - Oregon State Police

http://www.truckercharity.org/

Purchase insurance. New smart phones can cost hundreds of dollars at retail. Many individuals receive a discount when signing up with a phone company, but discounts may not be available before the plan comes up for renewal. Insurance may cover the replacement of a lost or stolen mobile device. If you need assistance dealing with a claim or understanding the terms of a policy, contact your LegalShield provider law firm.

Report your device as stolen. In an effort to curb the rising rate of cell phone theft, some mobile carriers now track stolen phones and tablets. These systems only work if thefts are reported. While you might not get your phone or tablet back, these systems can help disable the growing black market for stolen devices. You should also report any theft to your local police department.

The content of this newsletter is intended for general information purposes only, and is not legal advice.

Readers should be aware that while certain principles outlined on this site may be similar to principles followed in their own state or province, laws can vary considerably. © Copyright 2012 Pre-Paid Legal Services, Inc. d/b/a LegalShield· One Pre-Paid Way, Ada, Oklahoma 74820

For more info: www.TrishNeal.com

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More Than 10,000 Trucks Taken Off The Road Due To E-Logs Donald Broughton, a transportation analyst for Avondale Partners, recently spoke at the CCJ Summer Symposium in regards to the spike in carrier bankruptcies.

“The net result of regulation was forcing people out of business and constraining capacity even further”

Normally, a large increase in bankruptcies can be linked to rising fuel prices. However the number of insolvent carriers have increased steadily since 2013, a midst relatively stable fuel prices and demand.

After speaking to many carriers that went under, one major factor was present among the majority: They were audited by the FMCSA and forced to equip their fleets with electronic on board recorders, or E-Logs.

When E-logs were implemented, many of these companies saw their utilization drop as much as 10%. Employees drove less miles, earned less income, and driver turnover spiked. Many carriers were left with 10 to 15% of their fleet sitting idle, without enough drivers to fill these positions.

In his presentation, Broughton summed up the results of his research by saying: Rising insolvencies have continued into 2014 and more than 10,000 trucks have been taken off the road because of bankrupt carriers.

Continued on Page 9...

Continued from Page 6...

...this change...could affect status of vehicle and require a CDL driver to operate the vehicle.

the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle.

Absent a GCWR on the manufacturer’s rating tag, the GCWR is determined by combining the GVWR of the truck and the GVWR of the trailer, combining the actual weight of the truck and the actual weight of the trailer, or combining the GVWR of one unit with the actual weight of the other unit.

The highest possible combination of ratings and actual weights is what is considered the GCWR for the combination.

and the company subject to the safety regulations inPart 390 to Part 399. If the vehicle has a GCWR or a gross combination weight of 26,001 pounds or more and is pulling a trailer with an actual or rated weight of 10,001 pounds or more, then the vehicle will require a CDL to operate and will be subject to the drug and

alcohol program regulations.

Companies that operate vehicles without a declared GCWR should make themselves aware of this change as it could affect not only the status of the vehicle but also require a CDL driver to operate the vehicle.

The effect of this is if a vehicle has a rating or an actual weight of 10,001 pounds or more, single or in combination, then it is considered a CMV, making the driver

ATRI — Compendium of Idling Regulations— Cab Card — Handy to have in the truck! http://www.atri-online.org/research/idling/ ATRI_Idling_Cab_Card.pdf

Please submit all requests for transport to Operationroger01@yahoo.com. Transport application and requirement forms are available at: www.operationroger.com

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Take a break from chips and check out protein-rich roasted beans, like the Good Bean's Roasted Chickpeas or Chic-a-peas Chickpea snack.

Reach for precut summer

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melon like watermelon. It contains glutathione, an antioxidant that helps keep your immune system running smoothly.

Torn between a bag of chips or turkey or beef jerkey? Opt

Continued From Page 8...

However, there may be a silver lining in it all.

Broughton’s data showed that although fleet utilization usually drops immediately after implementing the devices, they usually rise to levels higher than previously exContinued from page 2 mans to be able to even “… limit, to the extent possible…” the likelihood of any driver, whether of car or truck, being fatigued no matter how long they have been driving. Stress, how heavy of a meal was recently eaten; length of time sitting at a dock, family issues, depression, or even a dark and dreary day can all lead to fatigue, not to mention the hypnotic effect of white lines

perienced, 18 months later.

It seems the challenge for carriers now may be surviving the initial implementation of E-logs, but unfortunately many have not been able to do so in recent months.

and windshield wipers.

EOBRs are not going to eliminate in any way, shape, or form, driver fatigue if that in itself is a real issue in crashes or just a perception

by FMCSA or special interest groups from a few select accidents where a driver fell asleep. You cannot regulate the human body outside of a hospital with any sort of machine or electronic de-

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for the protein in the jerkey versus the carbs in the chips to feel full longer.

Mini stress break: Take your shoes off and wiggle your toes for a minute. Say “Ahhhh.”

Need a chocolate fix? Reach for a cup of low-fat chocolate milk. It's only about 150 calories and 2.5 grams of fat, plus calcium.

Small steps add up!

Get more information at: www.drivinghealthy.org

vice. That is what we are talking about when we talk about fatigue, how each individual’s body reacts to certain conditions beyond lack of sleep. It is all just more goobledygook to further agendas hidden behind the fatigue issue.

ExpeditersOnline.com TrailerTruckinTech.com Street Smarts: A Guide to a Truck Driver's Personal Safety Arriving Alive: personal safety,

Ease neck tension by placing your right hand on the left side of your head (by your ear) and gently pull. Hold for 10 sec. Switch sides.

driving and sharing the road with semis tips Just a Lady Driver blog Sandy Long's Faire personal website Sandy Long @ Facebook TrailerTruckinTech Life member OOIDA Women In Trucking Association

Do not cuss a trucker or a farmer with your mouth full!

The ultimate goal of the Missing Driver Alert Network is to locate and return drivers reported missing to their family, without loss. While we realize that this may not always be the case, we will do our utmost best to get the word out to everyone in the trucking community with that goal in mind. We will work with the law enforcement community and truckstops around the country in coordinating any search to achieve this goal."

Find them on Facebook or on Twitter: @MissingTrucker

To report a missing Driver please call 720.202.5606 Please leave a message, someone will return your call .

Watch this Video on What to Do in Case Someone Has A Heart Attack http://www.heartrescuenow.com/

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Drivers sue FMCSA over preemployment report information “The net result of regulation was forcing people out of business and constraining capacity even further”

James Jaillet|July 21, 2014 Six drivers have filed a class-action lawsuit against the Federal Motor Carrier Safety Administration claiming the agency “disparaged” their safety records and diminished their value as truck drivers by oversharing information on their Pre-Employment Screening Program reports.

The drivers are seeking statutory damages of $1,000 per alleged violation for themselves and every member of the class, members of which would be determined by the court if the drivers win their suit.

FMCSA says per its policy it does not comment on pending litigation.

The suit — which also names the Department of Transportation and the U.S. federal government as defendants — claims FMCSA “intentionally and willfully” sent reports to potential employers that overstepped the premise of the PSP reports.

...seeking statutory damages of $1,000 per alleged violation for themselves and every member of the class

According to claims in the court documents, PSP reports are only to contain accident reports and “reports of serious driver-related safety violations.”

The reports, which carriers obtain from FMCSA, are related to the agency’s Compliance, Safety, Accountability program and draw upon the agency’s Motor Carrier Management Information System. They include three years’ worth of inspection data and five years’ of crashes.

PSP reports for the six drivers filing the suit, along with other potential members of the class, contained “violations of law not determined by the Secretary [of Transportation] to be ‘serious driver related violations’ under circumstances where motor carriers are entitled only to receive ‘serious driver-related safety violation inspection reports,’” according to the lawsuit.

The inclusion of such information also violates the 1974 Privacy Act, the suit alleges, in addition to damaging drivers’ reputation, hurting their earning potential and their employment prospects.

The six driver plaintiffs are Thomas Flock of Nebo, Ill.; Dennis Thompson of Mauk, Ga.; Thomas Gooden of Hudson, Fla.; Douglas Heisler of Peach Bottom, Pa.; Walter Johnson of Lawrence, Mass.; and Gayla Kyle of Ogden, Kan. Their PSP reports included violations like excessive weight, speeding in the 6-10 mph range, failure to use a seatbelt, use of a radar detector, violations of hours rules, incorrect logs, failure to use hazard warning flashers and unlawful parking.

The drivers claim in their suit these are not “serious driver-related violations,” according to the DOT’s determination. ‘[FMCSA’s] conduct is in flagrant disregard of the statutory rights of the plaintiff drivers and other similarly situated,” the suit reads. “The intentional and willful disparagement of driver qualifications violates the rights of commercial motor vehicle drivers under the Privacy Act. Such disparagement has a negative economic or pecuniary impact on” the drivers.

The class members would include, according to the suit, anyone who FMCSA has “collected, maintained and transmitted for dissemination” under the PSP inspection reports that have violations listed that are not deemed “serious driver -related safety violations.”

In addition to the damages of $1,000 per violation, the plaintiffs also are seeking cost of litigation and attorney’s fees and to establish a fund to pay damages to the class. http://www.overdriveonline.com/drivers-file-class-action-lawsuitagainst-fmcsa-over-pre-employment-report-information/? utm_source=daily&utm_medium=email&utm_content=07-212014&utm_campaign=OVD&ust_id=6eed005604

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Lawsuits mount against Cat’s ACERT engines, court consolidates cases James Jaillet|July 18, 2014 More than a dozen lawsuits have now been filed against former truck engine maker Caterpillar over its 2007-2010 year model ACERT C13 and C15 engines, as carriers claim the engines had defects that Cat knew about but that were concealed from buyers.

Since Overdrive last reported on the lawsuits in early May, several more suits have been filed, and a panel on multidistrict litigation has consolidated the cases and transferred them to a federal civil court in New Jersey, according to court documents.

Caterpillar also has submitted a legal answer to the suits brought against it, in which it denies all the allegations brought against it in the suits.

The latest lawsuits were filed last week, one brought by an owner-operator from Michigan, Ricky Williams, and the other two by passengers carriers, according to court documents.

All of the lawsuits center on Caterpillar’s emissions controls system, which plaintiffs claim were defective. The systems consisted of a diesel particulate filter, aftertreatment regeneration device and an electronic control module.

The system had repeated failures, the plaintiffs allege, driving up their costs and driving down their resale value.

Plaintiffs also claim Caterpillar knew about the defects, yet sold the engines anyway and concealed the defects from buyers.

The class-action lawsuits were filed on behalf of anyone who owned or leased a truck with a 2007-2010 C13 or C15 engine within the warranty period.

Caterpillar no longer builds engines for Class 8 trucks and no longer makes the ACERT engine line. http://www.overdriveonline.com/lawsuits-mount-against-cats-acert-enginescourt-consolidates-cases/

Since Overdrive last reported on the lawsuits in early May, several more suits have been filed,

Know as you go.

ODOT RealTime signs give you up-to -the-minute traffic information and advisories so you can get where you're going safely and efficiently. The video below shows how you can stay on top of traffic conditions in real time without ever taking your eyes off the road. http://www.tripcheck.com/realtime/