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Indiana State Police discover ‘hot loads’ headed for stores | 
By Clarissa Kell-Holland, Land Line staff writer In the past year or so, the Indiana State Police has slapped citations on dozens of box trucks carrying “hot loads” headed for restaurants and store shelves in the state. Capt. L. Wayne Andrews of the ISP’s Commercial Vehicle Enforcement Division told Land Linerecently that his officers have discovered several tons of food “deemed unfit for human consumption” through routine inspections. The majority of the tainted food is being hauled in box trucks with refrigerated units that are either not running or at temperatures well above 41 degrees. “Our efforts have increased due to the frequency of the complaints on these loads,” Andrews said. “It became hard to ignore.” He said a cooperative effort between the ISP and the state’s Department of Health offices in the counties has allowed officers to “identify problems with laser temperature sampling, and after our inspections, the health department addresses the safety of the consumables.” Recently, an ISP Trooper stopped a box truck, registered to U&D Service of Indianapolis, for a routine inspection on Interstate 69. During the inspection, he noticed the reefer unit wasn’t running, but was transporting food products. When the officer checked the temperature, the cargo area was 67 degrees, according to the ISP report. Approximately 1,500 pounds of food products, including sausage, sour cream and milk, were condemned and taken to a landfill in Randolph County. OOIDA Director of Regulatory Affairs Joe Rajkovacz, who hauled produce for 29 years before joining the Association’s staff full time in 2006, praised the ISP for its commitment to protecting consumers from potentially tainted food products. “Food security and safety in transportation are coming under increasing scrutiny by regulators and stories like this one will further encourage regulators to act,” Rajkovacz told Land Line on Friday, Sept. 16. “While the vast majority of the industry acts responsibly, the actions of a ‘few bad apples’ can lead to serious illness and death for unsuspecting consumers of improperly transported food products.” Copyright © OOIDA
This time, the MeRV appears to be parked permanently |
By
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, Land Line staff writer The MeRV – or Medical Resource Vehicle – has driven nearly 60,000 miles annually since early 2010, traveling to truck stops, truck shows and trucking companies to educate and answer medical questions for a population that is often discouraged from honest medical treatment. It appears the MeRV’s time is up. Safety First Sleep Solutions, an Ohio company specializing in sleep apnea, let veteran trucker and OOIDA Life Member Jon Osburn go Wednesday, Sept. 7. The company has parked the MeRV, permanently this time. The company issued a brief statement Thursday from COO Robin Ivany confirming that the MeRV was being shut down. “Safety First Sleep Solutions regrets to announce the dismissal of the Medical Education Resource Vehicle program,” the statement reads. “It has been quite apparent for some time now that this program has been in fiscal decline. We believe it is a worthwhile and needed endeavor; however, the financial strain, a result of the lack of corporate partnerships, on Safety First Sleep Solutions could not continue without consequences. “Safety First Sleep Solutions will go on serving the needs of the trucking world, occupational health and safety industries, and the general public.” The MeRV was originally the brainchild of Osburn, Dr. John McElligott and Sirius XM radio personality Dave Nemo, a co-founder of the St. Christopher Trucker Development and Relief Fund. They needed funding and Boardman Medical Supply stepped up. Safety First Sleep Solutions is owned by Boardman Medical Supply. In April, Boardman pulled the plug on the MeRV, but relaunched the vehicle. Its new emphasis remained more on education and resources, and less on the St. Christopher Fund. Osburn, who had scheduled time off in September to attend his daughter’s wedding, said he understood why the company pulled the plug. Monthly fuel costs were totaling $2,500 to $3,500, and annual maintenance was around $10,000. Osburn said he was told at the recent truck show in Dallas that the MeRV wasn’t “making its numbers.” “I think everybody really tried,” Osburn said. “I don’t know what the major culprit was. How do you get the corporate world to partner up and do this? I just want to thank everybody that helped us.” Osburn, who sold his truck and trailer two years ago before he took the MeRV’s reins, said he had nothing bad to say about Boardman Medical Supply or Safety First Sleep Solutions. He said one of the problems was the company wasn’t able to sell its products or services through the MeRV because Osburn couldn’t write prescriptions. He hopes the MeRV’s mission of helping a largely underserved trucking population is carried on in some form. Osburn even said he offered to buy the vehicle, but didn’t get a response from the company. Osburn, a medic who served in the Vietnam War and who worked as an EMT, spent much of his MeRV workdays answering questions that truckers were often afraid to ask their own physicians for fear of hurting their careers. “I really, truly believe this is needed,” Osburn said. “They need a place where they can go in and not be threatened by the ‘establishment.’ They could ask questions. It’s all confidential and the MeRV was their truck, with me being a technician and Dr. John McElligott being a huge resource.” Copyright © OOIDA Transportation, jobs at forefront for Congress after break |
U.S. House and Senate transportation leaders say they’ll work together to pass a short-term extension of transportation programs to protect the economy and jobs, but after that, it’s back to the trenches to hammer out a longer-term plan and funding mechanism. Senate Environment and Public Works Chairman Barbara Boxer, D-CA, told reporters by phone on Thursday, Sept. 1, that 1.8 million jobs are at stake if Congress fails to pass a temporary short-term extension for transportation that would last through Jan. 31, 2012. Her remarks came a day after President Obama called on Congress to make the surface transportation extension a priority when lawmakers return to Capitol Hill next week. Congress must also work to extend the Federal Aviation Administration at the same time. Boxer sent a letter to each member of the Senate complete with numbers of endangered jobsfor each state should the transportation extension fail to pass. She also took the opportunity to speak of the need to extend the federal government’s authority to collect fuel taxes on gasoline and diesel. Like the current transportation program, the traditional funding mechanism for the Highway Trust Fund expires Sept. 30 along with the heavy vehicle use tax, tire taxes and other user fees that truckers and highway users pay. “If we don’t act to send this bill – and the gas tax, it all goes with it – we are looking at a job loss that this country cannot sustain,” Boxer said. “We cannot take nearly 2 million jobs out of this economy at this time.” Technically, the current transportation program expired in September 2009, but Congress has passed short-term stopgap measures seven times since then to keep federal and state DOTs operating. Boxer said she is optimistic that her committee will take up a short-term extension on Sept.8 and that it will buy enough time for Congress to take up a longer-term bill, dubbed MAP-21, that her committee is also working on. Boxer admits there is a catch in getting a longer-term bill passed because Congress still lacks a funding mechanism to sustain the Highway Trust Fund beyond next year. “We have enough funding in the Trust Fund to get us through at current levels until September 2012. There’s no argument about that,” Boxer told reporters. “On the longer term bill, there’ll be a huge argument. We’ll have that argument on the longer bill.” Meanwhile, U.S. House Transportation and Infrastructure Committee Chairman John Mica, R-FL, believes the short-term extension is a likely first order of business next week. “In the interest of getting Americans back to work and moving vital transportation legislation, Republicans are committed to working with the President and Congressional Democrats,” Mica said in a statement. But the chairman also tossed a few barbs. “During their (Democratic) control, they neglected aviation legislation for more than four years and left major transportation legislation in the ditch for more than a year.” Mica said Republicans have offered “positive and financially responsible alternatives” for transportation. He then added some conditions for consideration. “As Chairman of the House Transportation Committee, I will agree to one additional highway program extension, this being the eighth ... I am returning to Washington to also consult with our Republican leadership before granting the 22nd FAA extension.” OOIDA is urging Congress to take the opportunity to focus transportation dollars on highways and bridges as lawmakers work toward long-term reforms. See related story: Diesel drops 4 cents to $3.897 |
The U.S. Energy Information Administration is reporting that diesel prices have dipped 4 cents from a week ago to average $3.897 per gallon on Monday, Aug. 8. This is the second straight week that the national average price for diesel has dropped. Diesel prices are still averaging 90.6 cents per gallon higher than a year ago, when it was selling for around $2.991 per gallon, according to the EIA. This past week, diesel prices have dropped in all nine regions of the country. The EIA is reporting that prices are the lowest in the Rocky Mountain region at $3.851 per gallon, down four-tenths of a gallon from the previous week. While fuel prices are still the highest in California, the region is reporting the highest decline of all the regional averages, down 6.9 cents per gallon to average $4.067. Here are the EIA’s averages for the week: U.S. – $3.897, down 4 cents In oil news, crude was trading at just over $83.78 a barrel at midday Monday on the New York Mercantile Exchange. Courtesy of LandLine Magazine Navistar parts now on Amazon.com |
On Amazon.com you can buy books, movies, even Wrangler jeans. Did you know that you can now buy Navistar truck and bus parts through the e-commerce giant? Navistar Parts now offers customers the option to order Partsmart parts leveraging the powerhouse infrastructure of Amazon.com. Next day, second-day, ground? You can customize your shipping preference and use a variety of payment options including PayPal and Amazon.com gift cards. The parts collection offers quality all-makes truck and bus parts at competitive prices. All Partsmart parts come with a one-year, parts-only replacement warranty and can also be purchased at partsmartparts.com. Courtesy of LandLine Magazine Delaware laws to benefit enforcement efforts |
A new law in Delaware relies on certain traffic violations to provide a boost for law enforcement agencies throughout the state to fight violent crime. Another new law targets dangerous drivers. Gov. Jack Markell signed a bill into law Tuesday, Aug. 2, to provide additional resources for State Police and local law enforcement from an additional $15 penalty that will be charged to people convicted of crimes or offenses – such as speeding. The governor said HB143 puts responsibility on lawbreakers to help fund efforts to reduce violent crime in the state. “Because the cost of crime is high, the price for those who commit crimes is now higher,” Markell said at the bill signing. The state’s Department of Safety and Homeland Security will split up to $4.25 million in revenue with local law enforcement to address violent crime. Any additional funds would be directed to the state’s general fund. Secretary Lew Schiliro for the Department of Safety and Homeland Security said the additional revenue will allow the state to add troopers, develop programs to reduce violent crime and share more information and intelligence. “If you commit a violent crime in Delaware, we will come after you,” Schiliro stated. Also signed into law this week is a bill to help improve safety on roadways by cracking down on drunken drivers who do not learn their lesson after the first conviction. HB168 enhances prison sentences for multiple offenders of the state’s DUI law. It also provides for mandatory treatment for repeat offenders. To view other legislative activities of interest for Delaware, click here. Courtesy of LandLine Magazine |
Top 25 CSA violations |
What’s the most common Comprehensive Safety Analysis violation by drivers and carriers?
To see the complete list of the top 25 violations, go to: http://www.askthetrucker.com/top-25-csa-violations-by-drivers-and-carriers
Courtesy of http://www.expeditersonline.com/trucking/In_The_News_2/Top_25_CSA_violations.html
Drivers will get their day in court in Swift lawsuit |
By
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, Land Line associate editor The Arizona Supreme Court ruling guarantees that truckers will get their day in court in a breach-of-contract lawsuit against Swift Transportation Corp. The plaintiffs in the class action claim the company routinely shorts drivers on mileage – and therefore pay – and are entitled to compensation. The state’s high court moved on Tuesday, Sept. 6, to vacate an appellate decision, which allows a lower court’s decision to stand that allows the class to be certified and protected. There are no trial dates yet, but the lead attorney for the plaintiffs is hopeful about truckers’ chances in court. “We are pleased that the court agreed with us that Swift drivers deserve to take this case to trial,” Rob Carey, a partner in the Phoenix office of Seattle law firm Hagens Berman, said in a statement. “We believe that the company illegally took millions in unpaid wages from its drivers.” The plaintiffs claim that the software Swift uses to calculate mileage has been shortchanging drivers by an average of 7 to 10 percent since 1998. “We’ve got a very good set of facts,” Carey told Land Line Magazine. Carey’s firm filed the lawsuit on Jan. 30, 2004, in Maricopa County, AZ, where Swift is based. The Maricopa County Superior Court initially denied class-action status for the drivers, but after years of going back and forth through the courts, the state’s high court action affirms the class and paves the way for a trial. “The effect is we end up with a class certification in place that they (Swift) can’t touch now,” Carey said. The plaintiff class includes drivers, contractors or owner-operators that have worked for Swift at any time since Jan. 30, 1998. “All of those people up until today and in the future would be included if the same practice is occurring,” Carey said. “Because of the changes in some of the proportions of legacy contracts versus new contracts and owner-operator contracts, it’s important that people who have objective information about what their promises were or the practices, or copies of their contracts, should contact us.” Drivers or former drivers can contact the Hagens Berman law firm by emailing
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or by calling 602-840-5900. More information is available athbsslaw.com/swift_transportation_lawsuit. Carey said the lawsuit could affect more than 10,000 people. He anticipates the discovery period could last eight or nine months leading up to trial. “We’re essentially at the very front end of the case,” Carey said. Carey says his firm could take up additional legal challenges against large motor carriers on the issue of driver compensation. “We’re looking at other carriers, by the way. It’s not just Swift,” he said. Court tosses EOBR regulation on harassment argument |
Friday, Aug. 26, 2011 –It took only one of the three arguments raised by the Owner-Operator Independent Drivers Association for the U.S. Court of Appeals for the Seventh Circuit to vacate the electronic on-board recorder regulation. The opinion filed Friday by the court vacated the rule and sent it back to the agency for further proceedings consistent with the ruling. “It’s a fantastic decision,” OOIDA President Jim Johnston said. “The decision dealt with the issue of harassment of drivers, but the court left room to come back and challenge other aspects if the agency gets overly enthusiastic about how they want to monitor truckers.” The regulation under fire was the 2010 final regulation mandating the use of electronic on-board recorders for companies with a safety history that reflects a 10 percent or greater level of non-compliance with the hours-of-service regs in one compliance review. OOIDA filed suit against the agency contending that the rule was arbitrary and capricious because it does not “ensure that the devices are not used to harass vehicle operators,” as required by law. The Association’s lawsuit also contended that the cost-benefit analysis failed to demonstrate the benefits of the technology and that the EOBRs violate the Fourth Amendment. The opinion from the Seventh Circuit, prepared by Circuit Judge Diane Wood, stated that the court “need address only the first issue” of driver harassment. The opinion states that if an agency “fails to consider a factor mandated by its organic statues, this omission is alone ‘sufficient to establish an arbitrary-and-capricious decision requiring vacatur of the rule.’” FMCSA was directed by Congress back in the late 1980s to “ensure that the devices are not used to harass vehicle operators.” “There is no question that section 31137(a) is mandatory,” Judge Wood wrote in the opinion. She wrote that FMCSA’s first argument that it did consider driver harassment can be set aside immediately. “The FMCSA suggests that a single conclusory sentence in the final rulemaking to the effect that the Agency ‘has taken the statutory requirement into account throughout the final rule’ is enough by itself to satisfy section 31137(a). It is not,” Judge Wood wrote. Judge Wood equally dismissed the agency’s second argument contending that driver harassment was considered during the rulemaking process. “The Agency’s back-up argument fares no better than its first one,” she wrote. “For the first time in its consideration of EOBRs, the Agency’s brief before this court introduces the argument that its consideration of privacy and the Privacy Impact Assessment it produced also addresses the statutory factor of harassment. “This argument is too little, too late.” The ruling vacates the regulation and sends it back to the agency for further proceedings consistent with the opinion. Of note, the final rule struck down in the opinion is not the only electronic on-board recorder mandate pending from FMCSA. The agency already has a second rulemaking in progress that would mandate EOBRs in all trucks. While there are many options before the agency at this point, including a possible appeal of the Seventh Circuit’s decision, the agency could retool the regulation or even simply move forward with a full mandate while attempting to address driver harassment in such a way that it relieves the court’s concerns raised in the opinion. In the opinion, Judge Wood also outlined a couple ways the agency should and/or could address driver harassment. In one instance she wrote that the agency needed to clearly define a distinction between productivity and harassment and “must also describe what precisely it is that will prevent harassment from occurring.” The court also suggested that a comprehensive study of motor carriers both using and not using EOBRs could prove beneficial. “The Agency needs to consider what types of harassment already exist, how frequently and to what extent harassment happens, and how an electronic device capable of contemporaneous transmission of information to a motor carrier will guard against (or fail to guard against) harassment,” Judge Wood wrote. “A study of these problems with EOBRs already in use, and a comparison with carriers that do not use these devices, might be one obvious way to measure any effect that requiring EOBRs might have on driver harassment.” “Of course, we considered this absolutely unnecessary invasion of driver’s privacy rights that would accomplish nothing in the way of commercial vehicle safety,” Johnston said of the regulation. “The court’s decision may very well slow the initiative of heavy vehicle monitoring and give drivers some reprieve from what we consider to be an intrusion of privacy.” Land Line Now News Anchor Reed Black contributed to this article Georgia trucker arrested in NY for carrying gun without permit |
A truck driver from Georgia was arrested in upstate New York recently after admitting he was carrying a 9 mm gun in his truck that he purchased for protection. Lonnie Davis, 24, of Augusta, GA, was initially stopped by Niagara County sheriff’s deputies after he crossed the center line around 4:30 p.m. on Aug. 3 on Niagara Falls Boulevard in Wheatfield, NY, according to the The Buffalo News. He then admitted he was carrying the gun he purchased from a pawn shop in Georgia, but had failed to obtain a concealed carry permit from his home state. He told police he bought the gun after an attempted robbery at a truck stop in Florida. The newspaper reported that police found the gun “unloaded, on a shelf next to his sleeper bed and a magazine containing eight rounds of ammunition.” At press time, he is being held in the Niagara County jail and is scheduled to appear in court on Tuesday. Even if Davis had had the proper permit in Georgia, it still wouldn’t have been recognized by New York because there is no reciprocity between the two states, according to Road Law attorney Jeff McConnell. In recent years, many truckers hauling high-dollar loads have found themselves targets for criminals looking to make a quick buck by robbing them of their possessions, freight and – in some cases – their lives. In 2009, the Owner-Operator Independent Drivers Association supported an amendment that was offered by Sen. John Thune, R-SD, but which was voted down. The amendment would have allowed individuals who have concealed carry permits to carry a firearm in other states that also grant concealed carry permits. “There’s not one national or federal license that an individual can get,” McConnell told Land Line Now recently. “The Federal Motor Carrier Safety Regulations don’t specifically mention carrying a loaded firearm or an unloaded firearm. There’s nothing specifically stated in Part 383.51 of the regs that prohibits or permits weapon use.” McConnell said many drivers who have concealed carry permits from their home states don’t realize that taking their guns across state lines can prove costly, both financially and to their trucking careers. “I get this question a lot that drivers from one state, they have a state permit from their home state, and they believe it’s a national permit. There’s no such animal; it doesn’t exist,” he said. Courtesy of LandLine Magazine Truck Show and Customer Expo |
The third annual Guilty By Association Truck Show and Customer Expo will be held Friday, Sept. 30, and Saturday, Oct. 1, at 4 State Trucks – home of the Chrome Shop Mafia in Joplin, MO. “This is a ‘low stress’ event, not an intensive truck cleaning contest,” according to an event press release. “Anyone who takes ‘pride in their ride’ is encouraged to participate in this wash, shammy and show truckin’ get-together!” At 10 a.m. on Saturday, Oct. 1, the Chrome Shop Mafia invites all truckers to participate in Joplin’s World’s Largest Convoy, which will convoy along a nearby route. The 4 State Trucks-Chrome Shop Mafia staff and management will open the company facility for customers and fans to take guided shop tours and participate in question-and-answer sessions. Several vendors and manufacturers will have representatives available to answer questions, including Freightliner, Alliance Truck Components, Detroit Diesel, Continental Tire and others. Last year, nearly 130 show trucks and 5,500 spectators attended the two-day event. Truck owners are asked to preregister by calling 800-228-1103 Ext. 111. Courtesy of LandLine Magazine Public could soon own troubled California toll road |
A California toll road that was once hailed as a flagship for public-private partnerships is on the verge of being sold back to the public just months after emerging from bankruptcy. The South Bay Expressway in San Diego County had been operated by Macquarie Infrastructure Group of Australia and had never been profitable. The San Diego Association of Governments voted on Friday, July 29, to purchase the 35-year lease for the expressway, also known as State Route 125, for $345 million according to the agency’s website. The agency will accept public comments on the proposal during a public meeting scheduled for Aug. 26. South Bay Expressway cost $635 million in public and private dollars to build. But according to the San Diego Union-Tribune, the bankruptcy court from which the private operator had just emerged values the roadway at $287 million. Macquarie has not profited from this particular roadway. When it was opened in November 2007, the South Bay Expressway was projected to lure 60,000 vehicles per day from Interstate 5 and other roadways connecting the Otay Mesa Port of Entry to State Route 54. But just two years after opening, the South Bay Expressway was only realizing 22,600 vehicles per day. The operator filed for Chapter 11 reorganization in March 2010 in an effort to restructure $510 million in debts. The company emerged from the proceedings in April of this year. The operator has used toll increases to offset financial losses across its network of toll road concessions around the country, but has recently lowered the rates on the South Bay Expressway to attract more traffic. The most recent toll adjustment occurred June 1 of this year. Truck tolls had been as high as $11.25 for a full-length trip but have more recently averaged $8. The San Diego Association of Governments is making its bid for the roadway “contingent on completing due diligence and conducting a public process” according to an agency spokesman. The public meeting is scheduled from 9 a.m. to noon at SANDAG offices, Suite 800, 401 B Street, San Diego, CA 92101. Send public comments including the agenda item, your name and organization to This e-mail address is being protected from spambots. You need JavaScript enabled to view it at least a week in advance to be considered by the board of directors. Courtesy of LandLine Magazine |
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