It has been a busy month here at CAB. We have moved down to the Jersey Shore. Our new offices, complete with a lovely lake in the back, are located at 150 Airport Road, Lakewood, NJ 08701. All our other contact information remains the same and we look forward to visitors, after we finally settle in and unpack!
Thanks for all of the great feedback on the new upgrades to the website data. Glad to see that interest in these new features is high and that it most definitely assists in your underwriting and claims practices. Comments and suggestions are always welcome.
This month we report:
CSA MODIFICATIONS – The SMS methodology has now been modified to include violations on cell phone use and to provide additional data on brake, wheel and coupling regulations. Of course, our Submission Report™ reflects all of this new data. Below is a chart of the new violations, which were all given severity weights of 10:
Added Carrier SMS Unsafe Driving BASIC Violations |
|||
Section |
Violation Description Shown on Driver/Vehicle Examination Report Given to Commercial Motor Vehicle (CMV) Driver after Roadside Inspection |
Violation Group Description |
Violation Severity Weight |
177.804(b) |
Failure to comply with 49 CFR 392.80 – Texting while Operating a CMV – Placardable HM |
Texting |
10 |
177.804(c) |
Fail to comply with 392.82 – Using Mobile Phone while Operating a CMV – HM |
Phone Call |
10 |
392.80(a) |
Driving a commercial motor vehicle while texting |
Texting |
10 |
392.82(a)(1) |
Using a hand-held mobile telephone while operating a CMV |
Phone Call |
10 |
392.82(a)(2) |
Allowing or requiring driver to use a hand-held mobile tel while operating a CMV |
Phone Call |
10 |
CARRIER SHUT DOWNS – A small Indianapolis trucking company, U&D Services has been shut down as an imminent safety hazard by the FMCSA. In 26 roadside inspections 12 drivers were found to be operating without CDL licenses, and 21 were not proficient in the English language. In other news a Pa trucking company, D.A. Landis and its owner have been indicted on charges of conspiracy to prepare false drive logs.
HOURS OF SERVICE – Will the battle ever end? The ATA has filed suit on the newest edition of the hours of service rules. The ATA has opposed the 34 hour restart provision and the requirement that drivers take a break no later than 8 hours into driving time. Shortly thereafter Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition also filed on the rules. And off we go to the next battle.
HEAVIER TRUCK OPERATIONS – It seems that larger heavier trucks will have to wait a while. The provisions of the Highway Reauthorization Bill which would have allowed heavier trucks have been removed in the House version, and instead there is a proposal that it be sent to committee for an extended 3 year study. The study would address crash rates, VMT, pavement performance, bridge reliability and other factors. We will report further as it moves to the Senate. Increased weight limits are expected to be contentious issues.
BACKGROUND CHECKS – The Transportation Security Administration has decided that the back ground checks for 11 states and the District of D.C. are sufficient for TWIC and hazmat endorsements, removing the necessity of double checks. The valid credential – either the TWIC or the hazmat endorsement – must be good for at least another year for the background check to be considered valid when applying for or renewing the other credential. Those states are Arizona, California, Delaware, Hawaii, Missouri, Nebraska, North Carolina, Oregon, South Dakota, Utah and West Virginia.
EOBR – The FMCSA has advised that there will be an even further delay before they issue any final rules on EOBR. A possible supplemental rule will be issued late in 2012 or early 2013. The earlier rule, as you may recall, was invalidated after being struck down by the courts.