Welcome to Autumn.  Summer sure went by very quickly.  I guess it is time to get back into the swing of things.  The government also seems to be back in service, at least for now, as various groups ramp up on regulation issues.

This month we report:

COSTLY REGULATIONS – It comes as no surprise to those in the transportation industry that the cost of federal regulation is high. President Obama cited the regulations on Hours of Services and Electronic On Board Recorder rules as among the costliest of all in the country.   The current Congress is set to consider whether those very costly regulations are an impediment to job creation and economic growth and should perhaps be eliminated.  The ATA has already petitioned the President to drop the new proposed hours of service rules.

NAFTA – A DOT audit has determined that the FMCSA has failed to properly set up the procedures to monitor Mexican carriers.  This is expected to delay the cross-border program until November. In addition suit has been filed by the Teamsters and Public Citizen Advocacy group contending that the FMCSA has broken various laws in its steps to implement the program.

SURFACE TRANSPORTATION FUNDING – President Obama has extended Highway Trust Fund programs and funding through March 31, 2012.  This is the 8th extension since SAFETEA-LU expired in September 2009.  If March comes with no further legislation, yet another extension will be required. 

TRAFFIC BOTTLENECKS – Do you think you live the worst area for bottlenecks?  When if you live in Chicago that would be true, with Fort Lee, New Jersey following in a close second.  Houston took the next 3 spots.  The full list, including average speeds at the various locations, can be viewed here. The study was completed by the FHA and the ATRI

INSPECTIONS – CVSA’s brake safety week was conducted at the end of the month and we will report on those results as soon as they are made available.   As part of the national Motorcoach Safety Summit, sponsored by the FMCSA, a task force commenced a series of surprise safety inspections of motor coaches, tour buses, school buses and other passenger vehicles at the end of the month.,.  The two-week inspection sweep will continue through Oct. 7, 2011. FMCSA also announced that it will release a new smartphone application in November that will empower consumers by providing access to a motor coach’s company’s safety record before booking a trip and it will also allow consumers to submit safety violation to FMCSA’s National Consumer Compliant Database.

CELL PHONES – The NTSB, which has no rulemaking power, has recommended to the FMCSA that all commercial drivers be prohibited from using cell phones, even hands free cell phones. This recommendation comes following a March 2010 crash which involved multiple fatalities where the driver was believed to have been distracted by cell phone use. Read More

Well this has been an interesting month up here in the Big Apple, with an earthquake and a visit from Irene.  Even the New York City Subway system, which stops for nothing, was shut down.  What ever happened to the slow days of August?

This month our own Shuie Yankelewitz was provided an opportunity to represent your interests at the Traffic Records Forum in Charlotte, North Carolina.  He did a great job representing the insurance industry, if I do say so myself.  He was extremely successful in impressing upon the state agencies that you are in this with them and everyone is pulling for safer roads.  The need for correct data is critical to insurers, law enforcement and other governmental agencies.

Tiana Cain has set up an on-line survey questionnaire for you to complete to tell us how we are doing. The responses have been great so far and we thank you for taking the time out of your busy day to give us feedback. For those of you who have not responded you can take the survey by clicking here.

For anyone in the Minnesota area, I will be speaking at the IMUA meeting on September 13, 2011.  The link for the meeting presentation and registration can be found on the IMUA website at www.imua.org. I am looking forward to meeting up with you as we discuss the issues facing the cargo insurer industry.

In other news:

EOBR – The OOIDA has been successful in its initial attack on the proposed regulations requiring electronic onboard recorders for motor carriers with a safety history of 10 percent or greater level of non-compliance with the hours-of-service regulation after a compliance review.  The 7th Circuit held that that DOT failed to ensure that the regulations would not harass drivers, a mandate required before the regulation can be implemented.

HOUSEHOLD GOODS – The FMCSA issued regulatory guidance to clarify the appropriate and intended use of blank or incomplete documents under 49 CFR 375.501(d) – Must I write up an order for service? According to the release, carriers may require shippers to sign incomplete, but not blank, documents so long as the omitted information is limited to: (1) The actual weight of the shipment, in the case of non-binding estimates; and (2) unforeseen charges incurred in transit. The guidance also clarifies that carriers may not require shippers to sign “Revised Written Estimates,” “Rescissions of Old Estimate,” or other documents authorizing the carrier to rescind an estimate unless the shipper and carrier mutually agree to amend the estimate, and the shipper signs a new estimate before the carrier loads the shipment. The original version of § 375.501(d), published as an interim final rule, prohibited carriers from requiring individual shippers to sign blank or incomplete estimates, orders for service, bills of lading, or any other blank or incomplete documents pertaining to the move.

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