Associate Member News

DOT Safety Regulation Update Fast-Fax™
Week of January 17, 2012
Foley Services Your Single Source for DOT Compliance

 

Regulations are an ever changing thing. This week, FMCSA has announced the addition of several recently created regulations, and their violation weights, to the SMS methodology.

As anyone familiar with the Compliance, Safety, Accountability (CSA) system will surely know, the Federal Motor Carrier Safety Administration ranks its regulations in order of the likelihood that violating the regulation would cause an accident. These scores, or ‘Violation Severity Weights’, give a carrier a good idea of how badly the violation will affect their CSA Behavior Analysis Safety Improvement Categories (BASIC) scores at the end of the month.

Regulations, however, are an ever changing thing and every now and again, FMCSA is required to issue updates to the Safety Measurement System methodology. This week, FMCSA issued updates regarding the new cellphone use regulations.

New Weights

All of the new regulations were added to the Unsafe Driving BASIC so violating them will affect your Unsafe Driving score.

  • 177.804(b): Failure to comply with 49 CFR 392.80 - Texting while Operating a CMV - Placardable HM.
  • Violation Severity Weight: 10
  • 177.804(c): Fail to comply with 392.82 - Using Mobile Phone while Operating a CMV - HM.
  • Violation Severity Weight: 10
  • 392.80(a): Driving a commercial motor vehicle while texting.
  • Violation Severity Weight: 10
  • 392.82(a)(1): Using a hand-held mobile telephone while operating a CMV.
  • Violation Severity Weight: 10
  • 392.82(a)(2): Allowing or requiring driver to use a hand-held mobile telephone while operating a CMV
  • Violation Severity Weight: 10

Heavy Penalties

As you may have noticed, all of these violations have been rated a 10: this is the maximum ranking in the system. This means that FMCSA have assessed that violating these regulations is very likely to cause an accident. You can expect that tickets issued for these violations, and the FMCSA investigations that result from them, are going to come with very heavy penalties.

February Report

These new violations were put into the SMS methodology in January so you should see their effect in your February report. Also in that report, FMCSA has broken down six Vehicle Maintenance violations into 22 separate violations. This was in an effort to paint a clearer picture as to who was responsible for the error, the carrier or the intermodal equipment provider.

If you have BASIC scores that were previously elevated because of violating these regulations, you may notice a change in that score in your February report.

Violation Weights

For those of you unfamiliar with how the CSA system works, and the importance of the weights, we have included a brief refresher course on how FMCSA judges as violation based on time and severity.

Under SMS, all violations are time and severity weighted. So, a violation for not wearing a seatbelt 18 months ago will impact a carrier’s ranking a lot less than a reckless driving citation from 60 days ago. Below are brief explanations of the two types of violation weights used in SMS.

Severity Weight: Violations are assigned a weight based on the likelihood that such a violation would cause a crash. The least likely culprits are given a score of 1, while the most likely are given a 10. FMCSA has published a table that lists severity weights for violations in each BASICs category. Open the PDF below to view severity weight by BASIC:

Time Weight: Under SMS, a violation is weighted based on the amount of time that has passed since the violation occurred. Violations committed in the last 6 months are given a 3. Violations committed between 6 and 12 months ago are given a time weight of 2. Violations committed between 12 and 24 months are given a weight of 1.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 723 • © Foley Carrier Services, LLC. 2011

Happy New Year!
Hope 2012 has been good to you so far. This is a banner year for us — it's our 25th year! Yes, we first hung out our shingle on Jan. 5, 1987. Lots of things have changed since then but one thing remains the same: the need for a solid education to get new drivers off to a good start and a promising career. Let us know what we can do to help provide that.

Hang on to that paper
Starting Jan. 30 and no later than Jan. 30, 2014, all commercial driver’s license holders must provide information to their state driver’s license agency regarding the type of commercial motor vehicle operation they drive in or expect to drive in with their CDL. Drivers operating in certain types of commerce will be required to submit a current medical examiner’s certificate to their state licensing agency to obtain a “certified” medical status as part of their driving record. CDL holders required to have a "certified" medical status who fail to provide and or update their medical examiner’s certificate will become “not-certified” and may lose their CDL. The American Association of Motor Vehicle Administrators has a helpful link on their Web site about this.

Play Time
If there's drilling operations going on in your area, you know that a shale "play" means a geographic area which has been targeted for exploration due to favorable geoseismic survey results. There are plays all over the US but here in south Texas, the Eagle Ford Shale play is big news. It's created challenges in lots of industries, not the least of which is commercial motor vehicle driving, training and safety. Our Education Coordinator, John Rojas, is a member of the Eagle Ford Consortium. He recently participated in the Eagle Ford Shale Job and Vendor Fair held January 13, 2012 at the Laredo Energy Arena and is spearheading the meeting scheduled for the March 1-2, 2012 in San Antonio. He's the go-to guy if you've got questions about what all this drilling means to you and your enterprise.


We've Got an App for That!
If you've got an iPhone, iTouch or iPad, check out our latest app: BUMPER TO BUMPER ® Easy CDL for Hot Shot Trucking. Our first two apps, BUMPERTOBUMPER® Easy CDL and Easy CDL Hazardous Materials Endorsement Review were so well received they've earned a Five Star rating. Easy CDL for Hot Shot Trucking will help operators of heavy duty pickups study for and pass the CDL tests, get a license and be able to drive a commercial motor vehicle truck-and-trailer combination with a gross combined weight rating in excess of 26,000 pounds. Eight "lectures" cover the information that CDL applicants must know and the audio feature makes reading more enjoyable. Over 200 multiple-choice test questions give the student lots of practice. There's even a bonus vehicle inspection video.

Look for these apps in the iTunes store or go to Study By App on the Internet. We'd love to hear your reactions. You can also leave your comments right on the iTunes Easy CDL pages.

And yes, we've started working on our fourth app. Look for a Spring 2012 launch. It's on a topic that people have been asking us to write about for decades!

Interested in a custom app for your program, like an orientation or safety session? We can do that. Give us a call at 361-749-4007 or send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
We've Got a Map for That!
trucking school mapCheck out our blog at www.cdlbookblog.com where we've added an interactive map. Clicking on the different maptacks links to the Web sites of truck driving schools in the US and Canada. We hope that makes finding a good training program easier. Contact John Rojas to find out about getting your school on the map. Phone 361-442-9552 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Like Us on Facebook
Did you know that Mike Byrnes & Assoc., Inc. now has its own Facebook page? We invite you to Like us on Facebook.

"How to..."
Don't forget to check out our short "how to" pieces on the Internet:

Just click on the links to view the stories. You can easily email them and share them. If you want to print them to use as handouts, there's a button for that at the top right of the Web pages.

And now, for something completely different!
This has nothing to do with trucking or training, but you might find it of interest. For decades, people (including Mike Byrnes) have been telling Devorah Fox that she should write a novel. She finally did. You can find "The Lost King" as a print book in the createspace.com e-store or on www.amazon.com where it has a Five Star Rating! You can even read the first chapter for free. It's also available as in e-book in Kindle format. Don't have a Kindle e-book reader? No problem. You can download a free Kindle for PC app and read Kindle books on your computer. You can also download free apps to read Kindle books on your iPhone or iPad.

Check our Web site www.bumper2bumpertruckbook.com, or our blog at www.cdlbookblog.com. Just click on the orange-and-white RSS Feed logo to subscribe. You can leave comments or suggestions on the blog as well. And, follow us on Twitter at http://twitter.com/redwritertx for updates. Questions? Suggestions? Give us a call at 361-749-4007 or send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

DOT Safety Regulation Update Fast-Fax™
Week of January 16, 2012
Foley Services Your Single Source for DOT Compliance

FMCSA has announced the start of a program to get driver medical certificates into the CDLIS database. The first step? Gathering information.

Starting on January 30, 2012 State Driver Licensing Agencies (SDLAs) will begin adding your medical certification status and the information included on your medical certificate to the Commercial Driver’s License System (CDLIS). This is to maintain compliance with a rule first issued in 2008 that aims to digitize the medical certificate.
Eventually, this will lead to drivers no longer needing to carry a paper copy of their certificate when they are driving around.

What Do You Need To Do?

While none of the driver physical qualification requirements are changing, your state is now required to maintain these files. The first step is to get drivers to submit a medical certificate to their SDLA.

According to the regulations, the states have until 2014 to gather this information. It is up to the state as to when you need to start submitting your information. We recommend contacting your SDLA as soon as you can to ensure compliance with both Federal and State regulations. Note: You may be told to wait to submit.

Who Will Be Required To Submit A Medical Certificate?

  • All drivers who have a CDL will be required to submit a medical examiner’s certificate providing they meet the provisions of 49 CFR 383.5. The four categories of CMVs for which an operator is required to have a CDL, as defined in 49 U.S.C. 31301(4) and specified in 49 CFR 383.5, are the following:
  • Those with a Gross Vehicular Weight Rating (GVWR) or Gross Combination Weight (GCW), of at least 26,001 pounds, including towed units with GVWR or GCW of more than 10,000 pounds;
  • Those with a GVWR or GCW of at least 26,001 pounds;
  • Those designed to transport at least 16 passengers, including the driver; or
  • Those of any size used to transport either hazardous materials that require a placard on the vehicle under 49 CFR part 172, subpart F, or any quantity of a material listed as a select agent or toxin under 42 CFR part 73.

Reminder of the Rule

We first wrote about this rule in Fast-Fax 565, back in December of 2008. Below is a reminder of the new rule:

The new rule will require your state’s licensing agencies to modify their CDL procedures to:

  • Require submission of the medical examiner’s certificates (or a copy) from those drivers operating in nonexcepted, interstate commence who are required by part 391 to be medically certified;
  • Record a CDL driver’s selfcertification regarding type of driving (e.g., interstate (non-excepted or excepted) and intrastate (non-excepted or excepted) on the CDLIS driver record);
  • Date stamp the medical examiner’s certificate (or a copy);
  • Provide the stamped medical examiner’s certificate or a copy as a receipt to the driver;
  • Retain the certificate or a copy for three years from the date of issuance;
  • Post the required information from the certificate or a copy onto the CDLIS driver record within 10 days; and Update the medical certification status of the CDLIS driver record to show the driver as ``not-certified’’ if the certification expires; and then downgrade the CDL within 60 days of the expiration of the driver certification.

When Will This Go Into Effect?

As the new rule affects the SDLA in every state, FMCSA has given plenty of time for the rules to go into effect:

All CDL holders must comply with the requirement to submit to their SDLA their self-certification as to whether they are subject to the physical qualification rules by January 30, 2014.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 719 • © Foley Carrier Services, LLC. 2011

Welcome to your January issue of the Randall-Reilly Digest Dispatch e-Newsletter. This promises to be an interesting and innovative year for recruiting media as we continue to develop new solutions for our customers.

In this month’s issue, we talk about how and why to use Facebook pages to enhance your recruiting efforts. We also highlight the Highway Angel music video that was recently launched to help change the public perception of trucking.

As always, we bring you recruiting and retention tips from nationally known speaker, teacher and trucking consultant Dan Baker. This month, Dan cautions you against making assumptions, and he emphasizes the importance of utilizing your best drivers to steer retention programs.

Click here to view your January issue of Digest Dispatch e-Newsletter.

Spotlight
Strong Leadership will be the Difference in 2012
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What's Happening in The Lounge
Learn from Peers: Training and Coaching Ideas
Interested in learning from and sharing with other career college professionals on the topic of leadership and development? Check out all of the areas in The Lounge that feature information, best practices, tips, and challenges on the topic. Visit The Lounge and join the Management Development Group. >>>

A perfect example for the ‘Don’t Do This! Files’; FMCSA was forced to take legal action against a passenger carrier that ignored a shut down order.

Over the last year, we’ve brought you numerous stories about the Federal Motor Carrier Safety Administration cracking down on passenger carriers. After facing criticism from Congress that the agency was not doing enough to stop dangerous passenger carriers from operating, the past year has seen FMCSA take scores of troublesome bus companies off the road.

The company in this week’s issue, however, should be of interest to both passenger and property carrying motor carriers. This is the perfect example of what not to do when you face enforcement action from the DOT. In short, if you get in trouble over regulations: Don’t Do This!

Don’t Do This:

Double Happyness Travel Inc., a Pennsylvania Bus Company was ordered by FMCSA to cease all operations due to being declared an ‘imminent hazard’ to public safety.

That was bad enough, however, Double Happyness then compounded the issue by continuing to advertise and sell tickets online. By violating the cease all operations order, the company was operating without an Authority.

This has resulted in FMCSA issuing a Cease and Desist order against the company. Violating such an order would result in an action in United States District Court for equitable and/or declaratory relief. In other words, truly enormous fines.

A Path to Court:

Double Happyness first raised the ire of FMCSA in December when they were initially issued the shut down order. After a review of the company’s operations, they were found to be running with serious, hours-of-service, driver qualification, vehicle maintenance and drug and alcohol testing violations.

A quick look at the company’s SMS scores reveals a shockingly poor safety record:

  • Unsafe Driving: 92.8%
  • Fatigued Driving: 92.6%
  • Driver Fitness: 95.0%

Among other violations, the company was operating with drivers who had not passed pre-employment drug tests, was faking logbooks and was not keeping driver records. Any of these violations by themselves was, probably, enough to shut the company.

What They Should Have Done:

Obviously, violating a shutdown order is not the way to do things but what should the company have done instead?

FMCSA will never leave you high and dry. If you receive a punitive action (up to and including a shutdown order), you will receive a detailed overview of why ,including an explanation of what you need to do in order to get your operating authority back.

It is extremely important that you follow this plan to the letter. (To see a sample of such a plan, you can view the one issued to Double Happyness is December at: http://www.fmcsa.dot.gov/ documents/about/news/2011/ Double-Happyness-IHOOS.pdf). FMCSA will not tolerate you deviating from the remedial action plan in even the slightest fashion — never mind completely ignoring it.

Compliance Help

If you need extra guidance following a remedial action plan, we highly recommend that you talk to a compliance expert. We do not recommend using the internet, especially internet forums as a source of information. In researching this article, we looked at a number of forums and found some shocking examples of people being given the wrong advice.

Much of the information on these forums is put up with the best of intentions. However, well-meant or not, it is very often wrong. Remember, you are betting on the future of your business by using this information; make sure it is from a trusted source.

With the CSA system in place, tracking bad carriers is easier than ever and staying in compliance is more important than at any time previously. If you find yourself in trouble with FMCSA — even if you don’t — remember, the best way to stay on the road is to follow the regulations to the absolute letter. Nothing else will suffice.

Mike ReillyHundreds of people stood in line at the back of a Pottle’s Transportation 53’ dry van trailer near Section 53 at Arlington National Cemetery on December 10, 2011. They were there in conjunction with “Wreaths Across America Day”, which includes a remembrance ceremony that takes place on this sacred ground in Virginia, the final resting place for more than 300,000 veterans.

December 2011 marked the twentieth year that Worcester Wreath Company has provided wreaths to be placed on headstones to honor and remember America’s veterans during the holiday season, and the Pottle’s truck was one of 20 scattered throughout the 642-acre cemetery, the last stop in a “Veterans Honor Parade” that began December 4, 2011, in Harrington, Maine.

The truck convoy had slowly made its way down a 750-mile stretch of Route 1 to Washington, D.C., escorted by the Patriot Guard Riders. Along this week-long route, the group made stops at schools and cemeteries to carry out the mission of Wreaths Across America: to remember and honor veterans by placing wreaths at the graves of fallen military members during the holidays – a time of traditional family gatherings – and teach children that we are able to gather, in peace, because of the many sacrifices made by military men and women. About 15,000 volunteers joined the effort at Arlington, and each tractor trailer had a similar scene. Scout troops, parents, grandparents, kids in earmuffs and mittens, and military members in full dress uniforms were waiting to take wreaths, one at a time, and head for a familiar spot or form somber clusters around a single tomb. Some were there to volunteer their time. Others were present to pay a tribute to a fallen soldier with personal mourning and private reflection... Continue reading in Adobe Reader format...

DOT Safety Regulation Update Fast-Fax™
Week of January 2, 2012
Foley Services Your Single Source for DOT Compliance

We’ve received a number of questions about the new Hours-of-Service regulations. This week’s Fast-Fax is dedicated to answering the most frequently asked.

Has the Rule Been Published in the Federal Register Yet?
Yes, the rule has now been published, meaning that implementation can begin. If you would like to read the rule in full, the Federal Motor Carrier Safety Administration (FMCSA), has published it on their website. You can view it here: http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/HOS-Final-Rule-12-27-11.pdf.

When is it Being Implemented?
Now that the Final Rule has been published in the Federal Register, there is a set time-table for rolling out the rule to carriers. The effective date in the Final Rule is given as February 27 2012. This has caused some alarm with readers but you shouldn’t worry for now. Only a few minor aspects of the rule will go into effect then, the rest will go into effect in 2013. Here is a timetable of the implementation.

The following Provisions of the rule will become effective on February 27, 2012:

  • On-Duty Time: Under the rule going into effect on February 27, on duty-time does not include any time resting in a parked CMV. In a moving property-carrying CMV, on-duty time does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth. This provision also applies to passenger-carrying drivers.
  • Penalties: Starting on February 27, driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. This provision also applies to passenger-carrying drivers.
  • Oilfield Exemption: “Waiting time” for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in “remarks” or a separate line added to “grid.”


The rest of the rule, as described in Fast-Fax 718, will become effective on July 1, 2013. (This includes the 11 hours of driving time; the mandatory breaks every 8 hours and the limit on 34- hour restart rule.)

I have to take a half-hour break every 8 hours? What if that doesn’t fit my schedule?
You can’t drive for eight hours without going off duty for 30 minutes. However, you can take the break at any time within those 8 hours and reset the clock. For example, your day could be 8 hours on duty, half an hour’s break, then another 3 hours on duty to bring you to a total of 11 hours for the day. Alternatively you could work 6 hours, then take the break, then work another 5, or any combination in between.

What about the times I am loading or unloading or dealing with a client out of my truck?
Unfortunately, these situations don’t count as ‘Off-Duty’ time. When you take the 30-minute break you need to stop working; go into your sleeper berth or go to a truck stop, do anything non-work related.

I Keep Hearing That the Rule Allows 11 Hours Driving Time, I Thought it was 10?
In the Notice of Proposed Rulemaking issued in 2010, FMCSA put in both 10 and 11-hour days, saying that they would choose which is better when they published the Final Rule. When the rule was published, they decided to stick with the 11 hours.

Is There Going To be a Lawsuit?
There is a lot of talk right now from both sides of the debate — carriers and safety advocates — but, as yet, no action. If there is a lawsuit, we will let you know. Even if there is, it may not stop the rulemaking process. The presiding judge could stop the rule while the deliberations go on, but he or she might choose not to. At this stage of the game, you should plan on the rule going into place — if it doesn’t, it doesn’t but it’s better to be prepared.

Questions:
If you have further questions, please contact our Technical Writer, Alex Rose at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Alex will try to answer all of your questions about this matter.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 719 • © Foley Carrier Services, LLC. 2011

James KellerJ.J. Keller and Associates Inc. announced that James J. Keller, the company’s president and chief operating officer, is succeeding his brother, Robert L. Keller, as president and chief executive officer effective Jan. 1, 2012. Robert L. Keller has held the role of CEO since 1988 and will remain as chairman.

Jim brings a lifetime of experience to the role, having joined the firm full time in 1968. Over the years, he has worked in a variety of positions, becoming the company’s president in 2006. During his tenure as COO, Jim was instrumental in the manufacturing/operations of the business as well as growth in the services division. Jim has a background in graphic arts and printing. He graduated from Neenah High School and Madison Technical College and is a certified Master Printer. He is also vice president/treasurer of the J J. Keller Foundation Inc.

“Jim is a passionate and no-nonsense leader,” says Marne Keller-Krikava, vice president-strategy and business planning. “He is an absolute advocate for the customer and the J.J. Keller brand. He spends each and every day reinforcing these ideals as well as the organization’s ‘Associate Principle’ of shared responsibility, shared results. Having an experienced captain like Jim at the helm offers us the ideal opportunity for a seamless transition.”

The company says this announcement is a strategic step in a broader well-orchestrated multi-phase succession plan that positions and prepares the organization for the next generation of leadership and growth.

“Jim’s role as president/CEO in the near-term is a key part of our succession plan,” says Robert Keller. “We have taken a thoughtful and long-term approach to our planning with the intention of keeping the business private and in the family. We believe this allows us to remain true to our core principles of excellent customer care, the associate principle and to continue as a vibrant part of the local community.”

Robert L. Keller will continue as chairman, presiding over the board of directors. In addition to leading the board, he will be involved in preparing the next generation of leaders throughout the execution of the succession plan. He also will remain as president/chairman of the J.J. Keller Foundation. Bob started with the firm as a young boy of 12 and has served in nearly all roles throughout the firm including the top leadership role for over a quarter century. During his tenure he led the firm in growth from about $10 million to $200 million over those years. The company currently employs about 1,100 associates.

J.J. Keller is a third-generation family business, founded by John J. Keller in 1953. Robert and James are both second generation who have worked in nearly every aspect of the company during their long tenure.

DOT Safety Regulation Update Fast-Fax™
Week of December 26, 2011
Foley Services Your Single Source for DOT Compliance

The Federal Motor Carrier Safety Administration has, at last, revealed the Final Rule for the new
Hours-of-Service regulations.

Almost a year to the date that they first published the Notice of Proposed Rulemaking (NPRM) concerning the newest version of the Hours of Service regulations, the Federal Motor Carrier Safety Administration (FMCSA) has revealed the Final Rule.

The New Rules

Under the Final Rule, these will be the new regulations:

  • 11 Hours Of Driving Time
    In the NPRM, FMCSA had indicated that they wanted to restrict this to 10 hours but conceded to carrier demands that the 11 hours of Driving Time remain on the books.
  • 14 Hours Of On Duty Time
    FMCSA left in the Final Rule, the allowance for 14 hours of On Duty Time: all the time a driver begins to work or is required to be ready to work until the driver is relieved from work and all responsibility for performing work. It includes driving time, inspection time, loading and unloading time, etc.
  • Drivers Must Take A 30-Minute Break Within An 8-Hour Driving Window.
    In a nod towards practicality, FMCSA has left in flexibility as to when drivers take the break, but they can’t drive for more than 8 hours without taking a 30-min break.
  • 34-Hour Restart Rule Limited To Once A Week
    The rules still allow you to ‘reset’ your hours of service by taking a 34 hour break, however, you can only do this once every 168 hours — 7 days.
  • 34-Hour Restart Period Must Include Two Periods Of Off Duty Time Between 1 AM And 5 AM.
    This was a concession to both carriers and safety advocates; the safety advocates want drivers to have two nights sleep but FMCSA has reduced the amount from the proposed Midnight to 6 AM.

Tumultuous Path

The Final Rule has come after a year of commenting, wrangling and lawsuits. All of this turmoil has contributed to a heavily altered version of the 2010 proposal appearing in the 2011 Final Rule. Given the back-and-forth that surrounded the proposal, this is not entirely surprising.

As we commented on the Transportation Ticker blog earlier in the week, the heavy editing is also not surprising given that FMCSA was being pulled by two separate groups (Carriers vs. Safety Advocates), the rules are unlikely to please everybody. On the other hand, the Final Rule does include concessions to everybody, which may or may not help with the chances of this Final Rule being implemented (compromise being the only guaranteed way to upset everyone).

Implementation

The implemenation of this Final Rule is a little unusual. FMCSA have revealed the Final Rule and posted it on their website. However, as of publication they have not published it in the Federal
Register.

In the Final Rule, the implementation date is given as 60 Days after the publication in the Federal Register. Don’t worry just yet; the implementation gives 18 months for the rules to come online meaning that if the Final Rule is published soon, we should see the rules in place in mid-2013.

Lawsuits

We may never see that implementation date. Already some of the big industry associations are gearing up to fight the Final Rule in court. The American Trucking Association is being particularly bellicose, releasing a special edition of Transport Topics which includes both the threat of lawsuits and a long history of successful court action against hours-of-service rules. In summation; ‘it ain’t over yet folks!’

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 718 • © Foley Carrier Services, LLC. 2011

Happy Holidays!

As 2011 comes to a close, we reflect on the past year. Here at Mike Byrnes and Associates, Inc., we launched a lot of new projects: a Facebook page, several iPhone apps and some new features on our blog. We hope you've found those useful. We can't let the year pass without saying how much we appreciate your support, especially in these tough economic times.

As we look ahead to 2012, we're optimistic. Developments in the trucking industry should provide great opportunities for those of us involved in training. Besides, 2012 is a banner year for us — it's our 25th year! Yes, we first hung out our shingle on Jan. 5, 1987. Lots of things have changed since then but one thing remains the same: the need for a solid education to get new drivers off to a good start and a promising career. Let us know what we can do to help provide that.

Remembering Pat Quinn

Pat Quinn passed away December 14, 2011. timesfreepress.com/news/2011/dec/14/us-xpress-trucking-pioneer-pat-quinn-dies/. As John Rojas said, "Pat was a great man, one of the most interesting and influential persons I ever met. My heart and prayers go out to his family, friends, and colleagues. He will be missed dearly, but never forgotten."

The family received friends Friday, December 16, 2011 at Heritage Funeral Home, 7454 East Brainerd Road, Chattanooga, TN 37421. Funeral services were held at St. Peter & Paul's Catholic Church, 214 East 8th Street, Chattanooga, TN 37402 on Saturday, December 17, 2011 at 10:30 am. Burial will be private. In lieu of flowers, the family has asked that donations be made in the name of Patrick E. Quinn to the American Cancer Society at www.Cancer.org and click on the donation link. A memorial tribute is available at www.Heritagefh.com.

And now, for something completely different!

This has nothing to do with trucking or training, but you might find it of interest. For decades, people (including Mike Byrnes) have been telling Devorah Fox that she should write a novel. She finally did. You can find "The Lost King" as a print book in the createspace.com e-store or on www.amazon.com. It's also available as in e-book in Kindle format. Don't have a Kindle e-book reader? No problem. You can download a free Kindle for PC app and read Kindle books on your computer. You can also download free apps to read Kindle books on your iPhone or iPad.

We've Got an App for That!

If you've got an iPhone, iTouch or iPad, check out our latest app: BUMPER TO BUMPER ® Easy CDL for Hot Shot Trucking. Our first app, BUMPERTOBUMPER® Easy CDL , was so well received it's earned a Five Star rating, and our second app, Easy CDL Hazardous Materials Endorsement Review isn't far behind. Easy CDL for Hot Shot Trucking will help operators of heavy duty pickups study for and pass the CDL tests, get a license and be able to drive a commercial motor vehicle truck-and-trailer combination with a gross combined weight rating in excess of 26,000 pounds. Eight "lectures" cover the information that CDL applicants must know and the audio feature makes reading more enjoyable. Over 200 multiple-choice test questions give the student lots of practice. There's even a bonus vehicle inspection video.

Look for these apps in the iTunes store or go to Study By App on the Internet. We'd love to hear your reactions. You can also leave your comments right on the iTunes Easy CDL pages.

And yes, we're working on our fourth app. Look for a 2012 launch.

Interested in a custom app for your program? We can do that. Give us a call at 361-749-4007 or send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

We've Got a Map for That!

Check out our blog at www.cdlbookblog.com where we've added an interactive map. Clicking on the different maptacks links to the Web sites of truck driving schools in the US and Canada. We hope that makes finding a good training program easier. Contact John Rojas to find out about getting your school on the map. Phone 361-442-9552 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Like Us on Facebook

Did you know that Mike Byrnes & Assoc., Inc. now has its own Facebook page? We invite you to Like us on Facebook.

"How to..."

Don't forget to check out our short "how to" pieces on the Internet

Just click on the links to view the stories. You can easily email them and share them. If you want to print them to use as handouts, there's a button for that at the top right of the Web pages.

Check our Web site www.bumper2bumpertruckbook.com, or our blog at www.cdlbookblog.com. Just click on the orange-and-white RSS Feed logo to subscribe. You can leave comments or suggestions on the blog as well. And, follow us on Twitter at http://twitter.com/redwritertx for updates. Questions? Suggestions? Give us a call at 361-749-4007 or send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Welcome to your December issue of the Randall-Reilly Digest Dispatch e-Newsletter. It has been an interesting and innovative year for recruiting media, and we continue to develop new solutions for our customers.

In this month’s issue, we talk about how utilizing Twitter can help your drivers and highlight how to reach the mobile driver audience with our new Truck Driving Jobs smartphone app.

We also showcase the positive changes to the Great West Truck Show, which will offer a fresh format and new venue in 2012.

As always, we bring you recruiting and retention tips from nationally known speaker, teacher and trucking consultant Dan Baker. This month, Dan advises you to be efficient and effective in your recruiting efforts, and he emphasizes the importance of the driver/dispatcher relationship.

Click here to view your December issue of Digest Dispatch e-Newsletter.

The December 2011 Issue Includes:

  • Randall-Reilly Recruiting Media
  • Truck Driving Jobs Smartphone App Launched for Android Market
  • Retention Tip of the Month
  • Recruiting Tip of the Month
  • Great West Truck Show to Offer New Format, New Venue

I hope you enjoy this e-newsletter and I welcome any feedback you have for future issues. Also, if someone else at your company could benefit from the content, please send me their email address so they can be added to the distribution list.

Sincerely,

Scott Miller
Publisher

This e-mail address is being protected from spambots. You need JavaScript enabled to view it
http://www.facebook.com/recruitingmedia
http://www.twitter.com/getdrivers
http://www.youtube.com/recruitingmedia

DOT Safety Regulation Update Fast-Fax™
Week of December 9, 2011
Foley Services Your Single Source for DOT Compliance

January

HOS Proposal Finally Hits the Federal Register

Safety advocates and big industry associations started weighing in on the Federal Motor Carrier Safety Administration’s new Hours of Service (HOS) proposal shortly after the preview copy appeared on the agency’s website on December 23.

DOT Issues Railroad Crossing NPRM

Two DOT agencies propose changes to the Federal Motor Carrier Safety Regulations (FMCSRs)and Hazardous Materials Regulations (HMRs) that would prohibit a motor vehicle driver from entering onto a highway-rail grade crossing unless there is sufficient space to clear the crossing without stopping.

February

New Cargo Insurance Requirements Begin March 21

FMCSA eliminates the minimum cargo insurance requirements for most for-hire common carriers of property and freight forwarders. Household goods carriers and household goods freight forwarders are still on the hook.

March

GAO Report Reveals Price, Future of CSA

A report by the Government Accountability Office (GAO) revealed how much CSA has cost the taxpayer and what FMCSA has in store for the future of the program.

Settlement Agreement Results in CSA Changes

As part of a settlement agreement with three trucking associations, FMCSA made some changes to the CSA system.

April

PHMSA Texting Ban Begins

PHMSA issued a final rule that prohibits texting on electronic devices while transporting hazardous materials requiring placarding.

PHMSA Final Rule Enhances Enforcement Authority

PHMSA’s new enforcement and inspection procedures Final Rule enhances, but does not change, the current inspection procedures.

May

FMCSA Establishes Minimum Standards for CLPs

After more than 20 years of proposals, FMCSA published a Final Rule establishing a minimum standard that States must adhere to when issuing Commercial Learner’s Permits (CLPs).

FMCSA Reopens Hours-of- Service Comment Period

The agency will only consider comments on four driver fatigue-related documents it added to the public docket.

NY Congressman Reintroduces ‘Jason’s Law’.

Congressman Paul Tonko (D-NY) reintroduced “Jason’s Law,” a bill aimed at increasing safe truck parking facilities across the country.

FMCSA Delays Intermodal Equipment Rules

FMCSA announced that it would delay the new rules governing Intermodal Equipment. The new implementation date is June 30, 2012.

June

Are Safety Rating Appeals Extensions History?

After a deadly accident involving a carrier appealing an unsatisfactory safety rating, DOT head Ray LaHood calls for an end to appeals extensions for unsafe bus companies.

FMCSA Punts on Medical Certificate Filing Rule

FMCSA issues a proposed rule effectively delaying an overhaul to the medical certificate filing regulations that has been on the books since 2008. Drivers and motor carriers will be required to keep paper copies of the medical certificate until at least 2014.

July

FMCSA Proposal Eliminates Confusion on Schedule I Drug Use by CMV Drivers

The Federal Motor Carrier Safety Administration proposed changes designed to clear up “perceived” inconsistencies regarding Schedule I drug use by CMV drivers. The bottom line is that the use of Schedule I drugs by CMV drivers is never permitted. The agency also plans to eliminate incorrect use of the term “actual knowledge” and harmonize Part 382 refusal-to-test provisions with Part 40 requirements.

DOT Proves Its Point

The Department of Transportation claimed a significant victory in its war against distracted driving as pilot programs in Hartford and Syracuse were hailed as overwhelming successes.

FMCSA Releases Draft Strategic Plan

FMCSA released a draft of its latest strategic plan in July, giving the industry a glimpse at the future of safety regulations. Expect increased CMV safety regulations in 2012.

August

CAFE Standards Applied to Trucks for First Time

Corporate Average Fuel Economy standards have been applied to heavy-duty vehicles for the first time. Starting in 2014 new trucks will have to be much more fuel efficient.

FMCSA Swings the Ax to Old Regulations

The Obama Administration is waging war against regulations deemed harmful to small businesses; every agency is taking the axe to out dated or harmful regulations and FMCSA was no exception.

September

NLRB Rulemaking Causes Stir Trucking Industry

The new rules require that employers post information about the right to unionize along side other mandatory postings (such as disability and minimum wage laws).

NTSB Recommends Banning All Cell Phones in Trucks

The National Transportation Safety Board, an independent government body, made its recommendations to FMCSA and to the states earlier this week.

October

The Rise of the Tolls

With budgets over burdened, taxes at record lows and a nationwide infrastructure crisis only just getting started, States and Municipalities are looking to tolls to raise revenues.

Full Steam Ahead on Cross Border Program

Despite strenuous objections from the industry and from Congress, FMCSA is pushing on with the Cross Border Trucking Project with Mexico.

November

Motor Carriers Improving Safety

FMCSA has released figures that show that the number of fatal crashes decreased by almost a third between 2007 and 2009.

DOT Marks 20 Years of Drug Testing

The DOT marked twenty years since it was mandated by Congress to begin drug and alcohol testing of transportation workers.

December

FMCSA and PHMSA Ban Handheld Cellphones

In a widely predicted move, FMCSA and the Pipeline and Hazardous Materials Safety Administration issued a joint Final Rule on Wednesday, November 23 banning the use of a handheld cellphone while operating a CMV.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 716 • © Foley Carrier Services, LLC. 2011

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DOT Safety Regulation Update Fast-Fax™
Week of November 14, 2011
Foley Services Your Single Source for DOT Compliance

The Federal Motor Carrier Safety Administration has released figures that show that the number of fatal crashes decreased by almost a third between 2007 and 2009.

Fatality ChartThe Federal Motor Carrier Safety Administration has released a remarkable spread of data showing a dramatic increase in safety for CMV operators that has occurred over the last decade.

A Decade of Improvements

Between 2007 and 2009, the number of crashes that involved a CMV and resulted in a fatality declined from 5,099 to 3,619; an incredible improvement over just a couple of years. In addition, the number of large trucks involved in fatal crashes decrease from 1.32 per 100 million vehicle miles traveled to 1.12. That is a decline of more than 25%.

From 2000 to 2009 there was a significant improvement in safety. The fatal crash rate for large trucks has fallen 54.5%. Simply put, there are less than half the fatal crashes today than there were a decade ago.

What Has Caused This?

It is difficult to pinpoint exactly what has caused this increase in safety and it is more than likely that, if you ask two different people in the industry you will get two different answers.

Certainly, there has been a substantial improvement in the quality and safety of trucks in the last decade. A fair amount of praise for the decrease in fatalities may belong with the truck manufacturers.

In addition, the focus towards a ‘safety culture’ among motor carriers has been prodigious. More and more carriers are simply not accepting drivers cutting corners or disobeying regulations. For a variety of reasons including CSA, the threat of lawsuits and, by no means last, the overall professionalism of motor carriers of all sizes, there has been a drive towards safety and compliance.

FMCSA would probably also point to new regulations that have been put in place over the last decade. There have been substantial rewrites of a number of major regulations including drug and alcohol testing and hours of service. The agency was founded in 2000 with the expressed intent to increase safety for motor carriers through regulation and enforcement.

Areas for Improvement

The picture wasn’t all rosy however; certain areas of the industry have some catching up to do. In the same time period, the rate of passenger carriers involved in fatal crashes only fell by 25%. Anyone who has been paying attention to the huge campaign against problematic bus companies that FMCSA has been running this year will probably not be surprised by this.

2010 and 2011

The 2010 figures will be published in March of 2012 and the 2011 figures in March of 2013. Fast-Fax will keep you up-to-date with this information when it becomes available.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 714 • © Foley Carrier Services, LLC. 2011

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DOT Safety Regulation Update Fast-Fax™
Week of November 7, 2011
Foley Services Your Single Source for DOT Compliance

The Hours-of-Service debate has dominated the industry for the last few years. Where do the regulations stand and what is coming next?

Hours-of-Service; everyone in the industry has an opinion on it. The regulations governing the hours during which a driver can operate a CMV have been the focus of an intense debate that has been waged for the better part of the last ten years.

2011 has seen an intense burst of activity regarding a revised set of rules. Progress, however, has been halting and frustration on the matter — already high — has only grown. In this edition of Fast-Fax we are going to take a look at where the regulations are, where they are going and when we are likely to see meaningful progress.

The Current Regulations

Long-time readers may remember that the most recent rules were enacted in 2005. From the moment of their publication, the 2005 regulations caused a storm of controversy. Critics charged that the rules prevented drivers from taking naps during the day to rest up, thus making trucks more dangerous under the new rules.

The 2010 Proposed Regulations

A slew of lawsuits were fired back and forth over the 2005 regulations. A number of groups, including both OOIDA and ATA as well as non-industry safety advocates, demanded that the rules be changed. FMCSA responded with several proposals.

The most recent of these was released at the end of 2010. As every other proposed rule before it had been, it was immediately condemned by opponents and disappeared into a cycle of Request for Comments and reviews.

At the same time, the Federal Motor Carrier Safety Administration was being sued by advocacy groups. It was settled by the courts that new rules would be published by July 28, 2011.

When it became apparent that that date would not be reached, FMCSA and the advocacy groups agreed to delay the publication date to October 28, 2011. That date has come and gone with no publication.

New Rules Approach

This week, however, there is word that the latest versions of the rules have been passed from FMCSA to the White House Office of Management and Budget. OMB’s role is to review the rules for problems, budgetary concerns and practicality. Once OMB has reviewed and approved the rules, the proposal can be published in the Federal Register. OMB is not a ‘rubber stamp,’ however, it can and does reject rules; sending them back to the originating agency. The OMB process can take as long as 90 days.

Congressional Interference

That is the state of regulations from the Executive perspective. In addition to this, there is also interference from the Legislature. This adds an additional level of complication. Just this week, Senator Kelly Ayotte (R) of New Hampshire, attempted to introduce legislation to block the new Hours of Service rules from FMCSA. This was blocked by Senate Majority Leader Harry Reid of Nevada on the grounds that the rules don’t exist yet.

When Will We See Resolution?

It may be a long time. One of the key problems is that while there are a number of opponents to FMCSA, those opponents don’t necessarily agree with one another. If FMCSA releases rules that please the Trucking Industry, they are liable to be sued by safety advocates. If they release rules that please employers they are liable to be sued by driver’s unions. FMCSA has the unenviable task of creating rules that have to please everybody. On top of that, at any point in the process, Congress can change the rules of the game by issuing new restrictions and demands on to FMCSA.

For a little perspective, remember the 2005 rules replaced rules that were enacted in 1962. During that 43 year gap there were numerous attempts to change the rules. In the meantime, we can expect the latest proposal sometime in the next 3 months.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 713 • © Foley Carrier Services, LLC. 2011

Header

Welcome to your October issue of the Randall-Reilly Digest Dispatch e-Newsletter.

In this month’s issue, we highlight the driver shortage with the latest information and statistics from Truck Gauge, our new industry research product. We also examine the boom in social media and how Randall-Reilly is building products to connect with you and your potential drivers and owner operators

We continue to develop new solutions for our customers, including our monthly webinar series from Randall-Reilly editors and industry experts. For October, we highlight working with onboard recorders.

As always, we bring you recruiting and retention tips from nationally known speaker, teacher and trucking consultant Dan Baker. This month, Dan advises you to control what people hear about your company, and he emphasizes how to deal with differences among your drivers.

Click here to view your October issue of Digest Dispatch e-Newsletter.

The October 2011 Issue Includes:

dispatch

Riding The Social Media Wave

Recruiting Tip of the Month

Retention Tip of the Month

November Webinar Focuses on Working With Onboard Recorders

Randall-Reilly Recruiting Media

Click Here to
View Magazine

I hope you enjoy this e-newsletter and I welcome any feedback you have for future issues. Also, if someone else at your company could benefit from the content, please send me their email address so they can be added to the distribution list.

Sincerely,


Scott Miller
Publisher
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DOT Safety Regulation Update Fast-Fax™
Week of October 17, 2011
Foley Services Your Single Source for DOT Compliance

The Federal Motor Carrier Safety Administration has announced plans to question motor coach passengers about whether they received a voluntarily-administered pre-trip safety briefing from the carrier.

The Federal Motor Carrier Safety Administration announced this week that they would be increasing their scrutiny over the motor coach industry. This would especially include the enforcement of and compliance with the Federal Motor Carrier Safety Regulations (FMCSRs). Before the agency can start however, it needs to gather certain information and make an assessment.

FMCSA unveiled its information collection mission in the Federal Register. The purpose of collecting this information is to assess the current levels of voluntary compliance by motor coach operators to provide pre-trip safety awareness and emergency preparedness information to passengers and to obtain passenger opinions of the implementation of the pre-trip program and any recommended improvements.

Once this information has been gathered the Department of Transportation will work to enact policy; filling in gaps that the study reveals with new regulations.

Background

2011 has been the year of the crackdown for passenger carrying motor carriers. Due to several high-profile fatal bus crashes, FMCSA — at the behest of an angry Congress — has been focusing on removing poorly-performing carriers. The root of this particular issue, however, goes back to the 1990s. After a series of fatal crashes back then, the National Transportation Safety Board performed a study that concluded that, in the immediate post-accident environment, passengers were panicking and unsure of what to do. After consulting with the industry and with FMCSA, it was decided to recommend to carriers that that perform a voluntary pre-trip safety briefing.

What Information Are They Collecting?

According to the Federal Register entry: “FMCSA is concerned about the accuracy of self-reported data provided by motorcoach operators and requires third party validation of industry efforts to provide this information to passengers, as well as the effectiveness of the means by which the information is being provided. Currently, compliance is measured during FMCSA’s National Passenger Carrier Strike Forces. The data received from these Strike Forces has shown increased adoption levels, however this data is based solely on input from the motorcoach companies and not actual passengers.”

Essentially, FMCSA is concerned that it is being lied to. Without checking with the passengers, FMCSA inspectors are being forced to take the carriers at their word. Obviously, for the safety-conscious carrier, this isn’t a problem. FMCSA, however, is not really interested by the good carriers. They want to investigate the carriers with poor safety records. These are the carriers who are more likely to be in accidents. These are also the carriers who are more likely to lie about performing safety checks.

Where Does This Go From Here?

Once it has gathered the information that it needs, FMCSA will be able to put together a detailed study and present its recommendations. In all likelihood this will result in new regulations. Indeed, given the depth and breadth of safety regulations for passenger carriers, it is surprising that this was not already a regulation. Similar rules have long been common practice for the airline industry and for certain modes covered by the Federal Transit Authority, such as ferries. The timeframe of such an action, however, is probably relatively far into the future. FMCSA has to begin its studies, collect the information, provide a report to Congress and THEN begin the rulemaking process. It should be noted, however, that FMCSA has requested emergency processing of the matter. This action, performed in deference to the number of people killed in motor coach accidents in 2011, means the entire process may be accelerated. FMCSA granted itself powers to fast-track new regulations deemed non-controversial; it is likely that this proposal would be included in those regulations. Passenger carriers should prepare themselves for both the increased questions and the questioning of customers in the short term. In the long-term, carriers should expect new regulations.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 710 • © Foley Carrier Services, LLC. 2011

PRESS RELEASE
For more information contact:  Devorah Fox
ph: 361-749-4007, fax 361-749-4009
e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it
FOR IMMEDIATE RELEASE

“EASY CDL HAZARDOUS MATERIALS ENDORSEMENT REVIEW” APP DEBUTS

PORT ARANSAS, Texas – Easy CDL Hazardous Materials Endorsement Review, an app for the iPhone, has just debuted in the Apple iTunes App Store. The Hazardous Materials Endorsement Review follows on the heels of BUMPER TO BUMPER® Easy CDL, the first iPhone app developed by Mike Byrnes and Associates, Inc., publishers of BUMPER TO BUMPER®, The Complete Guide to Tractor-Trailer Operations and other commercial motor vehicle driver training materials, and produced by StudyByApp, LLC, an educational software development company that develops apps for the iPhone, iTouch and iPad. Easy CDL Hazardous Materials Endorsement Review sells for $2.99 and can be obtained via the Study By App Web site at www.studybyapp.com or from the iTunes store at http://itunes.apple.com/us/app/easy-cdl-hazardous-materials/id436098704?mt=8.

Easy CDL Hazardous Materials Review’s nine units recap all the topics that applicants must study to get a Hazardous Materials Endorsement on their Commercial Driver's License Test. It offers over 200 practice multiple-choice test questions and includes a bonus Glossary. The answers to the test questions are included in the app as are explanations as to why those answers are correct. According to the reviewers who gave BUMPER TO BUMPER® Easy CDL four and five stars, the audio "lecture" that accompanies each of the units makes prepping for the CDL tests more enjoyable.

CVTA Platinum & Gold Sponsors:

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