Associate Member News
DOT Safety Regulation Update Fast-Fax™
Week of January 17, 2012
Foley Services Your Single Source for DOT Compliance
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
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
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 .
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
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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:
- "Tips for Passing Your CDL"
- "How to Get a Commercial Driver's License in Mississippi"
- "How to Get a CDL in Nebraska"
- "How to Back Up a Trailer Safely"
- "How to Hook Up Tractor-Trailer Doubles"
- "How to Climb into a Truck Cab"
- "How to Test Trailer Air Brakes for Leaks"
- "How to Adjust Fifth Wheel Trailer Height" and
- "How to Hook Up a Tractor Protection Valve."
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
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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
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
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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.
Hundreds 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
J.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
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- FMCSA Swings the Ax to Old Regulations
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