My Truck News September 2013

September 2013

Volume 2 Number 2

State troopers go undercover in big rigs

2

Bull in a China Shop, By Sandy Long

4

Justice for Truckers, by Rickey Gooch

5

Volvo says seatbelt still most important safety feature

6

One Text or Call Could Wreck it all

6

Per FMCSA rule, hazmat hauler rail crossings now more limited

7

No Free Ride Without Written Authorization

8

FMCSA RELEASES GUIDANCE ON BROKER 9 REGISTRATION Nightmare for Drivers, by Allan Nightrunner

10

Driving the road to better health

11

MAP-21 Regs taking effect October 1, 2013

13

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My Truck News`

State troopers go undercover in big rigs Although they are not the first to coin the idea, the state of Mississippi has taken highway patrol stealth to a whole other level.

In an effort to reduce accidents with big trucks and encourage safe driving, State Troopers have started riding along with truck drivers to observe and identify reckless motorists. - See more at: http://gobytrucknews.com/ ms-troopers-undercover-in-big-rigs/ #sthash.PtQcvqHz.dpuf

description tag number,” said Mississippi State Trooper Capt.

Scott Carnegie.

The Motor Carrier Apprehension Program is funded by the Federal Motor Carrier Safety Administration with a $400,000 grant. The grant pays for trucking companies to provide drivers and fuel.

There are five counties that are being targeted due to the high number of accidents involving trucks in those counties. The top ranking counties are Hinds and Rankin.

“We usually have troopers scattered out in a 9 mile radius. If you drive wreck less around the truck, you pull in front of it without a turn signal, get in front of it and slam on brakes, or follow too close, the trooper in the truck is going to radio your

Books by Sandy Long

The goal of the program is to save lives and prevent collisions.

Motorists need to give the proper amount of buffer space to big trucks. Motorists are expected to maintain a 200 ft safety buffer in front of and behind a semi-truck.

“We’re here to save lives that’s all this programs about is to make the trucking industry work with the law enforcement industry to work together, to meet one goal that is to get from point a to point B without a fatality,” Carnegie said.”200 feet seems like a lot, but that’s what it takes for one of those trucks to stop when they’re weighing out at 80,000 pounds. Yes, as much room as you can give em. It’s not worth anyone’s life to save two minutes.”

The program began this past May and will continue until next May. It has assisted troopers in giving out 692 citations and 700 tickets.

- See more at: http://gobytrucknews.com/ms-troopersundercover-in-big-rigs/#sthash.PtQcvqHz.dpuf

http://www.tripcheck.com/mobile

http://sandylongsfaire.weebly.com/sandys-books.html

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

MyTruckNews@gmail.com

VISOR CARD

DOWNLOAD FROM HERE: http://www.fmcsa.dot.gov/documents/hos/HOS-Regulations-7-1-2013.pdf

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My Truck News`

Bull In A China Shop

By Sandy Long Raging mad, stomping, snorting, throwing things around and bellowing are all the signs of the proverbial bull in a china shop…and at times, signs of an angry truck driver. We have seen them, they are the ones that think they shouldn’t wait their turn at the fuel desk, in a staging area or for you to get out of their way on the road. They are the drivers who run one foot behind a truck or four wheeler that has somehow angered them, flashing their lights and blowing their horns. These angry people make our days a little tougher to deal with even if they are not angry at us.

utes to breathe deeply. Am I justified in being angry or am I overreacting because I am tired, stressed, ill or overburdened for the day. If I am justified, by the time I have figured that out, I have calmed down to the point that I can discuss with the person, if it was a person who angered me, what they did or didn’t do. If it is a situation, like getting the one fingered salute we are all so familiar with, then the few minutes time will likely allow the finger waver to move away. If I am not justified in being angry, then I have calmed down enough to just shrug it off.

Recently, at a truck stop where there was only one cashier behind the fuel desk, there was a man who got very angry because he had to wait while the cashier assisted the other people in line. The man was swearing and actually stomped his foot…when he finally got to the counter, he cussed the young cashier, snatched his receipt out of the cashier’s hand, threw the pen at him and stormed out of the door. I wasn’t impressed, would you have been?

Breathe deeply, from your diaphragm; breathing from your chest won't relax you. Picture your breath coming up from your "gut."

We work in a high stress job and deal with uncertain situations by the second. We also have to deal with the public at least in the places we load, deliver and fuel. Both tend to add up and then finally, perhaps a minor situation like the above, where we have to wait in line for a little longer than we want to, will set us off into rage. One might not stomp one’s foot in public when angry, but this can translate into other acts of anger release such as fighting with one’s spouse or children, dispatcher or mechanic, or be vented towards an totally innocent four wheeler driver or another driver.

Some people exhibit anger in other ways. Perhaps they are just grumpy, irritable all of the time, sulk, get physically ill or withdraw into themselves. Frustration with life in general or something in one’s life specifically, can lead to someone holding anger in and not exhibiting it openly. Society does not condone showing anger openly whereas other emotions are ok to show such as happiness, grief, or contentment.

Is getting angry productive or negative? I used to bottle up my emotions, anger specially. Then some minor thing would happen and I would blow up. It took me a long time to realize that this type of behavior was counter productive and not positive. People tend to shut down and withdraw from angry people and if one is trying to make a point angrily, then most times the listener doesn’t hear clearly what the problem is or gets defensive and maybe afraid. Nothing is accomplished.

It took me another long time to learn strategies for dealing with anger productively and to remain calm at least most of the time. Here is what I do, it might work for you. If I get angry, I stop and think about what I am angry about, taking a few min-

The American Psychological Association recommends that when you feel angry, you:

Slowly repeat a calm word or phrase such as "relax," "take it easy." Repeat it to yourself while breathing deeply.

Use imagery; visualize a relaxing experience, from either your memory or your imagination.

Non-strenuous, slow yoga-like exercises can relax your muscles and make you feel much calmer.

It is perfectly normal to feel anger, it is how we deal with it that counts, one must deal with it constructively not destructively. As adults, we should not throw temper tantrums, be hostile or criticize everyone and everything, or scare people we work with or live with because we cannot control our tempers… and we should never act out violently in anger unless we are protecting ourselves or others from physical danger. Life is much more peaceful around someone who can manage their anger constructively than being around a bull in a china shop.

Ya’ll be safe out there! http://sandylongsfaire.weebly.com/sandys-books.html

Volume 2 Number 2

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Mike is a former DOT inspector. Mike belives that everything written into rule book is the gospel. In a way it is but when your gut tells you that something you are doing is wrong you should at the very least try to get it fixed. Mike attacked me a little and I attacked him a lot back. He believes that we believe in two different types of justice. I agree with him. He also ask me not to comment on any more of his statements.

Since he is now a consultant for the trucking industry and post his opinions online I won't be able to grant his request.

This is the last communication I had with Mike!

Mike, just like you I am very passinate about what I do. Some times I let that get the best of me. So I do apoligize for using the language I used. It was not called for I know you were not trying to be personal even though it appeared you were.

We do agree on enforcing the law. We don't agree on officers enhancing the rules of CSA just so they can make a mark in their ticket book. I just won a battle in Texas over the state police and all the police and DOT officers in America who has been stacking tickets and equipment violations aganist drivers. It took someone like me to get that done because even the officers who agreed with me would not fight to have that rule enforced correctly. Now the system will no longer allow an officer to enter bad information into the system per William Quade of the FMCSA.

the real law or the Constitution of the United States. You like to follow the rule! I like to make sure that the legal system follows the rule.

Rickey Gooch Founder Justice for Truckers Does your congressman know how you feel about CSA and what you think should be changed about it.

When was the last time that you stood up for something important?

You don't have to be afraid of the DOT they are already after you!

Help me lead by asking truckers to post on www.causes.com/ JusticeforTruckers what they want to say to their congressman.

As a driver if you can't do it for yourself then do it for your fellow trucker.

As a professional driver you are part of America's largest family.

We have to protect our family. Do this today don't wait. Take a stand for your family today and don't back down.

We have the power to change CSA only if we support each other.

I'm counting on your help and your support. Lets fix CSA today!

Because of this bad rule a woman lost her job, her home, her transportation and her health. Now hopefully she will be able to return to work. She lost all of that because an officer wanted to look good to his fellow officers and when the FMCSA stepped in and asked his superior officer and the officer to remove the false charges they refused. Now those selfish and greedy officers can no longer use that rule aganist the innocent. This is not the first battle I have won and it won't be the last because everything in that rule book is not in line with JOIN US AT JUSTICE FOR TRUCKERS www.causes.com/justicefortruckers

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My Truck News`

Volvo says seatbelt still most important safety feature The Trucker News Services 9/3/2013 Using a seat belt doubles a trucker’s chances of survival in a serious accident, yet, a recent report says, less than half of truck drivers choose to click-it.

The study was conducted by Sweden’s NTF road safety organization of more than 700 truckers and interviews with more than half of them between 2011 and 2013 found truck drivers use their seat belts when driving a personal car but not in their trucks.

Reasons given included inconvenient and “time consuming to put on and take off the belt,” a recent news release on the report by Volvo Trucks stated.

“Bearing in mind that the safety belt can spell the difference between life and death, these are not particularly credible excuses,” said Carl Johan Almqvist, traffic and product safety director, Volvo Trucks.

He said despite considerable investment in accident-prevention systems it will never be possible to eliminate the risk of accidents as long as the human factor plays such a large role. “The simplest measure of all is naturally to use the single most important safety feature onboard, the safety belt.”

The Trucker staff can be reached to comment on this article ateditor@thetrucker.com.

One Text or Call Could Wreck it all With ever increasing demands on our personal and professional time in today’s busy society, learning to juggle multiple tasks at once is something we all face daily. As a result, a new traffic safety epidemic has emerged on America’s roadways that demands immediate attention: distracted driving.

In 2010, 3,092 people were killed in crashes involving a distracted driver. One of the most alarming and widespread forms of distracted driving is cell phone usage. According to a Carnegie Mellon study, driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. And a report from the National Safety Council found that more than one out of every four traffic accidents is caused by people talking on cell phones or sending text messages.

“Distracted driving is an epidemic on America’s roadways, and we’re doing our part to help put an end to it,” said U.S. Secretary of Transportation Ray LaHood. “Texting and cell phone use while driving is extremely dangerous, and we know simply getting drivers to turn their phones off when they get behind the wheel will make our roads significantly safer.”

Text messaging is of heightened concern because it combines three types of distraction – visual, manual and cognitive. In other words, texting involves taking your eyes off the road, your hands off the wheel, and your mind off the task of driving.

To tackle this ever-increasing problem, NHTSA is focusing on ways to change the behavior of drivers through legislation, enforcement, public awareness and education—the same tactics that have curbed drinking and driving and increased seat belt use.

“Decades of experience with drunk driving and getting people to buckle up has taught us it takes a consistent combination of public education, effective enforcement, a committed judiciary, and the collective efforts of local, state, and national advocates to put a dent in the problem,” said LaHood.

NHTSA’s message is simple – “One Text or Call Could Wreck it All.” With supporters ranging from President Obama to Oprah and legislation being passed across the nation to discourage distracted driving, we hope drivers get the message loud and clear.

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

So the next time you are pressed for time, and it seems like multitasking in the car is the best decision, remember those 3,092 lives that were taken because someone decided they could do two things at once. A text or call is not worth your life, or anyone else’s.

Volume 2 Number 2

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Per FMCSA rule, hazmat hauler rail crossings now more limited Jill Dunn | September 26, 2013 Drivers hauling hazmat may no longer cross a highway-rail grade crossing unless there is sufficient space to drive completely through without stopping, per a rule made final this week by the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration.

Compliance with the new regulation must begin Oct. 25. The rule applies to haulers of certain hazardous materials, agents and toxins.

could be forced to stop unexpectedly before clearing the track.

“The agencies encourage enforcement discretion in those circumstances,” they wrote.

Carriers are mandated to provide route plans to hazmat drivers and this should include preparation for grade crossings “to the extent practicable.”

The agencies advocated planning to include discussions train schedules with railroad companies, a practice of the specialized equipment hauling industry and a recommendation of the National Transportation Safety Board.

The rule was first proposed in 2011, and the rule made final this addresses requirements in the MAP-21 highway funding law.

The rule acknowledges a NTSB finding that shippers and receivers sometimes are aware of logistical problems that they do not share with carriers. “Therefore, motor carriers and brokers should ask shippers and receivers about any logistical or physical challenges that might exist near, or on the roads leading to, loading and delivery locations,” the agencies responded.

The American Trucking Associations and the National Tank Truck Carriers said signs should be mandated at the 21,208 crossings that truckers cannot drive completely through without stopping. The FMCSA and the PHMSA said they lacked statutory authority for this mandate.

Last June, the Federal Railroad Administration released a mobile phone application for Apple brand iPhone TM and iPad TM users. “Although this app will not provide complete information to ensure compliance with the rule, it will assist drivers in more strategically planning their routes,” they stated.

The Owner-Operator Independent Drivers Association commented the rule erroneously assumes drivers are aware of inadequate crossings. OOIDA and the Nebraska Department of Roads pointed out rural and industrial areas have many crossings lacking reasonable detour routes.

http://www.overdriveonline.com/per-fmcsa-rule-hazmathaulers-rail-crossings-now-more-limited/

The regulation will yield just shy of $1 million in benefits annually, says FMCSA, via avoided crashes at highwayrail crossings.

The officials acknowledged a hazmat driver in this situation

Final Rules: https://www.federalregister.gov/ articles/2013/09/25/2013-23375/highway-rail-gradecrossing-safe-clearance

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 .

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My Truck News`

Prevention Is The Answer Wes Curtis 541-761-8619

Wes Curtis, Commercial Truck Consulting, LLC

cerns, with their insurance carrier and settle on the type of authorization or waiver/policy that fits its needs and coverage.

How may of you have a passenger policy. If you run interstate per 392.6 of FMCSR's you must have written authorization to transport a passenger. I STRONGLY suggest that you have a company policy in place to take care of this!!!!

Some may find it odd that the regulations do not require the driver to carry a copy of the written authorization on board the company vehicle. This is left to the discretion of the motor carrier. However, the carrier is required to maintain a copy of the authorization at the carrier’s principal place of business.

No Free Ride Without Written Authorization A policy that many motor carriers would be wise to enforce among their driver workforce is to emphatically state their company’s stance on riders in company vehicles. Doing so may not only limit the motor carrier’s liability in the event of an accident or injury to the passenger, but would certainly keep the carrier in compliance with Federal Motor Carrier Safety Regulations.

Section 392.60 states that no driver shall transport any person without written authorization from the motor carrier under whose authority the commercial motor vehicle is being operated. The written authorization must specifically state the name of the person being transported, dates, and the length of trip.

In addition to this information, the motor carrier may be wise to create a formal policy that outlines a procedure for a driver seeking approval from the motor carrier to allow a passenger in a company vehicle. The procedure would begin with the driver completing a passenger authorization form.

www.facebook.com/FMCSA

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

For example, if the driver wishes to have a passenger or rider in a company vehicle, they must first complete the passenger authorization form and provide specific information for verification such as: • • • •

Copy of the passenger’s driver’s license (or other form of I.D.) Copy of birth certificate if passenger is a minor Proof of relationship to driver Completed passenger authorization form signed by both the driver and passenger

The passenger authorization form could also address issues regarding the passenger assisting/not assisting in the loading or unloading of freight, rules while at a customer facility, and any interference with the company vehicle. It is best for the motor carrier to discuss these issues, in addition to other con-

https://www.facebook.com/CanBorder

Volume 2 Number 2

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FMCSA RELEASES GUIDANCE ON BROKER REGISTRATION The FMCSA released its guidance on the registration requirements for brokers. Unfortunately, for motor carriers that move interstate goods, the guidance makes it clear that motor carriers that subhaul or subcontract loads will face a number of new regulatory challenge which include: •

Filing a separate registration as a broker,

•

Starting Oct. 1, motor carriers that subcontract/subhaul loads will have 60 days to register as a broker and obtain a separate $75,000 minimum financial security bond.

•

Beginning Nov. 1, 2013 FMCSA will send notifications to all registered brokers who have not met the minimum financial security requirement and provide 30 days advanced notice before revoking broker operating authority registrations.

•

FMCSA acknowledges not having the current resources to enforce motor carriers that broker loads without registering, but they are setting up a hotline for any complaints or reports of those carriers. If caught, carriers could face up to $10,000 in civil penalties

FMCSA strongly encourages all motor carriers not to accept loads from unregistered brokers or freight forwarders, as these entities might not have the financial security mandated by MAP-21. FMCSA also notes that motor carriers brokering loads without properly registering with FMCSA as brokers may be subject to private civil actions pursuant to 49 U.S.C. 14707. https://www.federalregister.gov/articles/2013/09/05/2013-21539/registration-andFore more information: financial-security-requirements-for-brokers-of-property-and-freight-forwarders

It’s that time of year again!

Be Prepared for Winter Conditions!

Chain Laws for Western States AZ—CA—CO—ID MT—NM—NV OR—UT—WA—WY http://tinyurl.com/aayodxp

http://www.truckercharity.org/

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My Truck News`

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-nhtsainvestigate-design-of-air-foot-control-valve#

Documentation on this can be found at www.MyTruckNews.com. Please check it out and then check out your brakes!

Volume 2 Number 2

Page 11

Driving Healthy MORE TIPS ON HEALTHY EATING ON THE ROAD AT: http:// www.drivinghealthy.org/ Go Bananas! Bananas are one of nature's most powerful bloodpressure-lowering medicines w/ each containing least 450 milligrams of potassium Hunger pains can signal thirst. Drink a glass of water before meals to fill up and eat less

Truck Driver Challenge 1,000,000 POUND CHALLENGE If you have any questions regarding the challenge or would like to help with it feel free to contact Toby via his Facebook page www.facebook.com/tobybogard or email him directly at truckwriter@gmail.com the facebook fan page is www.facebook.com/the1000000poundchallenge the face book group is 1,000,000 Pound Challenge

Listening to music can lower anxiety & reduce stress. What song do you turn to when you need to blow off some steam?

Walk with confidence! Make a conscious effort to take big strides, walk with your heel first, and wear comfortable shoes.

Be more positive in your conversations & actions. Catch yourself complaining? Stop and change the conversation to something positive.

Sit straight, raise your arms towards the ceiling, lean towards to the right, count slowly to four, back to the center. Reverse and repeat.

http://www.tripcheck.com

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

Fre

Send your Name, email address, and phone number to: MyTruckNews@gmail.com You may also Text your information to ion! t p 541-404-0724 i s cr

b e Su

www.MyTruckNews.com Your information is safe with us.

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

My Truck News`

Page 12

Report Shows Truck Enforcement Disparities September 17, 2013

By Jim Beach

That some states enforce specific commercial vehicle regulations more aggressively than other states is no secret. Some states are known for citing truckers for light and lamp violations, others for seat belts and others for hours of service violations. And there is CSA data to prove it.

But there are also differences in how counties and municipalities within states carry out commercial vehicle enforcement, according to a report from Vigillo, Portland, Ore. “There has to be something behind the disparities,” said Steven Bryan, Vigillo CEO during a webinar highlighting the report’s findings on Tuesday. He said the differences indicate inconsistent enforcement focus within states and differing philosophies among states when what drivers and trucking companies are looking for is balance and consistency.

Vigillo analyzed CSA enforcement data from 2012 by state, county and other categories to pinpoint enforcement trends and patterns. When looking at county-level data, it was no surprise that counties along interstate highways and other major traffic lanes reported more enforcement activity that other counties within a state, but the level of enforcement could vary widely between counties on the same interstate highway corridor, according to the report. Bryan cited Oregon and its reputation for reporting hours-of-service violations as an example.

and balanced enforcement effort) can be done,” Bryan said.

The Vigillo report further refines the data by looking at commercial vehicle miles travelled in each state. Normalized in this way, Bryan said the data offers a more apples to apples comparison between states. For instance, to determine which state has the most aggressive commercial vehicle inspection program look at inspections per million commercial vehicle miles travelled instead of the total number of commercial vehicle inspections per state.

According to Bryan, when viewed through the million CVMT lens, states that at first glance appear to be light on enforcement are actually the opposite or states considered the most severe on inspections rank relatively high in the number of “clean” inspections per million CVMT The report is available for purchase at www.vigillo.com.

http://www.truckinginfo.com/channel/owner-operators/ news/story/2013/09/report-shows-truck-enforcementdisparities.aspx?prestitial=1

The analysis found substantial variation among Oregon counties along the I-5 corridor in HOS enforcement. California, on the other hand, had a relatively balanced level of enforcement among the counties on the I-5 corridor. The report shows similar enforcement consistency along a 3-state stretch of the I -75 corridor in the Southeast.

The first instance illustrates that California’s enforcement focus is consistent between counties, while the I-75 example shows consistency among states. “That shows it (a consistent

http://truckersfund.com/

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My Truck News`

FMCSA to Publish Additional MAP-21 Regulations Taking Effect Immediately on October 1, 2013 The Federal Motor Carrier Safety Administration (“FMCSA”) is set to publish regulations in the October 1, 2013 edition of the Federal Register implementing various provisions of MAP-21. The FMCSA is taking the position that the regulations are mandated by Congress and that the agency is not exercising any discretion by promulgating the regulations. In effect, the FMCSA is merely bringing its regulations in line with what Congress already dictated when MAP -21 was first passed. As such, the regulations will take effect immediately when published; there will be no notice and comment rulemaking procedure. The public will have 60 days from the date of publication to submit requests for reconsideration of the new regulations. Among the regulatory pronouncements are the following: 1. Financial Security of Brokers and Freight Forwarders. The FMCSA is revising its regulations regarding financial security to increase the amount required to be maintained by property brokers to $75,000, and to make the requirement applicable to freight forwarders as well.

2. Revised Timeframe for New Entrant Safety Audits. The Federal Motor Carrier Safety Regulations (“FMCSR”) are being revised to clarify that new entrant safety audits must be completed within 12 months of a property carrier beginning operations, and within 120 days of a passenger carrier beginning operations. Previously, the regulations had allowed 18 months for all carriers.

3. Increased Penalties. Current penalties for violation reporting, recordkeeping and registration requirements are $500 except that violations of passenger carrier authority requirements are $2,000. The regulations increase the penalties to: (1) $1,000 for violating reporting and recordkeeping requirements; (2) $10,000 for violation non-passenger carrier registration requirements; and (3) $25,000 for violation passenger carrier registration requirements. The penalty for transporting hazardous waste without authority is increased from a maximum of $20,000 to a minimum of $20,000 and a maximum of $40,000. Violations of regulations relating to transportation of hazardous materials will now result in fines of up to $75,000 or, if involving death, serious illness, severe injury, or substantial destruction of property, of up to $175,000. Penalties for failing to respond to a subpoena are increased to between $1,000 and $10,000 (from current levels of $100 to $5,000). General penalties for evading regulations currently require that the violation be knowing and will-

ful. That requirement is being removed and penalties are increasing to $2,000-$5,000 for a first violation and $2,500-$7,000 for any subsequent violation. The regulations will add a penalty of $25,000 for violating an out of service order. A carrier’s “ability to pay” will no longer be taken into account in determining the penalty for violating the FMCSR. 4. Fleetwide Out of Service Orders. Prior to MAP-21, if a vehicle was used to provide service without or beyond the scope of registration, that vehicle could be placed out of service. MAP21 revised the law to say that the motor carrier (not just the vehicle in question) could be put out of service. The FMCSR are being revised to reflect this change in the law.

5. State Reporting of Foreign Driver Offenses. The FMCSR are being revised to require states to report certain convictions by “foreign drivers” to the Federal Convictions and Withdrawal Database. The regulations are also being revised to clarify that such individuals can be disqualified from operating Commercial Motor Vehicles (“CMV”).

6. Revocation of Foreign Motor Carrier Authority. MAP-21 explicitly states that the FMCSA has authority to suspend, amend or revoke the authority of foreign carriers on the same grounds as applicable to domestic carriers, and the regulations are being revised to reflect that authority.

7. Motor Carrier Responsibility for Disqualified Drivers. Prior to MAP-21, a motor carrier was only prohibited from using a driver it “knew” to be disqualified or otherwise lacking authority to operate a CMV. MAP-21, and the new regulations, will prohibit use of a driver if the carrier “knows or should reasonably know” that the driver is not qualified.

8. Driver Disqualification for Imminent Hazard. The FMCSR will revise the definition of “imminent hazard”. If a driver’s operation of a vehicle is found to create an imminent hazard, the driver is subject to emergency disqualification.

This information provided by: For additional information or if you have any questions regarding MAP-21, or the agency’s guidance, please feel free to contact Andy Light at alight@scopelitis.com, Greg Feary at gfeary@scopelitis.com, Tim Wiseman attwiseman@scopelitis.com or Nathaniel Saylor at nsaylor@scopelitis.com (317) 637-1777.