January-February 2012 MMTA Magazine

January/February 2012 Maine Motor Transport 1

january/february 2012

2012 Maine Professional Truck Driving Championships

Saturday, May 19, 2012Dysart’s - Hermon

2012 MMTA Professional Technician Skills Competition

Saturday, May 19, 2012EMCC - Bangor

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SAVE THE DATE

SAVE THE DATE

2 Maine Motor Transport January/February 20122

January/February 2012 Maine Motor Transport �

Maine Motor TransportAssociation Inc.

Brian Parke, Editor

MMTA Officers 2010-2012 Chairman: JimMcCurdy,MaineCommercialTire,Bangor ViceChairman: ShawnMoore,R.C.Moore,Inc.,Scarborough Secretary: ChrisHuff,HannafordTrucking,S.Portland Treasurer: EvanKeefer,Kris-WayTruckLeasing,Inc.,S.Portland ExecutiveCommittee: JohnLightbody,Murray,Plumb&Murray,Portland StateVicePresident,ATA: ChrisHuff,HannafordTrucking,S.Portland AlternateStateV.P.,ATA: BrianBouchard,H.O.Bouchard,Inc.,Hampden BudgetCommittee: EvanKeefer,Kris-WayTruckLeasing,Inc.,S.Portland GovernmentalAffairsCommittee: BarryPottle,Pottle’sTransportationInc.,Bangor MembershipCommittee: BrianBouchard,H.O.Bouchard,Inc.,Hampden SpecialEventsCommittee: NateLewis,WalMartTransportation NominatingCommittee: JimMcCurdy,MaineCommercialTire,Bangor(*protem)

Directors

MMTA Past Chairmenand Lifetime Directors

*OlenE.Butler 1946-47*PaulE.Merrill 1947-48*GeraldA.Cole 1948-49*StewartM.Taylor 1949-50*GuyF.Dunton 1950-51*MarkW.Ginn 1951-52*HarryL.Milliken 1952-53*PhilipC.Gox 1953-54 F.GilbertCongdon 1954-55*H.MerrillLuthe 1955-56 GalenL.Cole 1956-57 HenryW.Saunders 1957-58 RichardS.Clement 1958-59 DwinA.Gordon 1959-60*H.BlaineSanborn 1960-61 WilliamG.Hepburn 1961-62*C.L.Fox,Sr. 1962-63 GeorgeW.McNear 1963-64*H.BlaineSanborn 1964-65 DavidW.Harmon 1965-66*GeraldA.Cole 1966-67 HerbertE.Ginn 1967-68 JosephH.O’Donnell 1968-69*HarryL.Milliken 1969-70*F.EmmettO’Connor 1970-71 DavidW.Fox 1971-72 RobertE.Ginn 1972-73 RichardJ.Haley 1973-75 GeorgeM.Hutchins 1975-77 H.WalkerNoyes 1977-79 ChesterSherrard 1979-81 ArthurW.Hicks 1981-83 VirgilE.Beane 1983-85 GeorgeL.Parke 1985-87*DavidL.Cole 1987-88 WilliamDuddy 1988-90*CliftonE.Halacy 1990-92 MarkA.Hutchins 1992-94 DonaldB.Wiswell 1994-96 PietervanVoorst 1996-98 MertBrown 1998-00 TomKeefer 2000-02 BarryPottle 2002-04*JohnAustin 2004-06BrianBouchard 2006-08JohnLightbody 2008-10

JohnThut-HonoraryChairman*Deceased

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� Maine Motor Transport January/February 2012

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What’s Inside2011AnnualSponsors......................................................4Chairman’sPage...............................................................7MaineNews....................................................8-9,11,13,21NationalNews.................................................14-15,24-252011MMTADriversoftheMonth................................16TheSafetyPerspective...................................................172012AnnualSponsorProgram......................................18MMTATrainingSchedulefor2012...............................19NewDriverScreeningServices.....................................20GuestCommentary-JamiePy,MEMA...................21-22FeatureArticle..........................................................26-29

CalendarFebruary 16 MMTA Safety Management Council Mtg 8:00am MMTA Office - Augusta

February 17 Hours-of-Service Training 8:30am MMTA Office - Augusta

February 24 Drug & Alcohol Supervisor Training 8:30am MMTA Office - Augusta March 9 FMCSA Regulations Training 8:30am MMTA Office - Augusta

March 16 HAZMAT Training8:30am MMTA Office - Augusta

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Jim McCurdyMaine Commercial Tire

MMTA ChAirMAn PAgeThere is quite a bit happening in the trucking industry these days particularly with hours-of-service and vehicle productivity in the news. This edition of the magazine will touch on some of the high points of both of these issues; however, another matter bears a special mention and is featured on pages 22 and 23. That issue is government subsidies and the impact these can have on existing businesses.

nowhere is this problem more obvious than in the oil and gas industries where existing Maine companies, providing jobs to Maine citizens and tax revenues to the state and local municipalities, are in a state of volatility with the government directing taxpayer funding to support alternative fuels and energy sources. This is what pundits refer to as picking winners and losers and, as guest columnist Jamie Py from the Maine energy Marketers Association (MeMA) points out in his article, the government has a pretty bad record when it comes to this kind of gambling.

Don’t get me wrong, there is nobody that would move faster than me to get natural gas to my house or my business if it were currently available. But not at the cost of throwing free market principles to the wind because, if the oil/gas dealers are in the government’s crosshairs now, how long before they decide to change their sites on other businesses under the premise of doing it for the “greater good”?

i would like to thank Mr. Py for bringing this important issue to the forefront and for sharing his views with our members, many of whom are also members of MeMA.

More Productive Configuration for Maine & VT Signed By President

Well it’s done. The trucking industry in Maine has a 20 year fix to our interstate truck weight problem and, while not permanent, 20 years is long enough to prove once and for all something that members of the MMTA have always known – commercial truck traffic is safer on the interstate compared to secondary roads. My personal opinion is that this individual issue has shown how ill-informed our lawmakers are in Washington and serves notice that we must continue to interact with our State Senators to eliminate “wrong thinking” legislation.

We have been fortunate to work with Maine’s Congressional delegation who has at all times understood the issue to be about improving the safety of Maine’s roads. nobody has understood that fact better than Senator Susan Collins, who successfully secured this provision in a transportation appropriations bill earlier this year, then shepherded it through the full Senate and finally through the conference committee.

her relentless commitment to doing what is right for the people of Maine is nothing short of amazing and she showed us all a thing or two about tenacity. She didn’t let detractors from Washington, DC and other states tell her what was best for Maine’s citizens and she sure as hell didn’t give up when they pulled the plug on the 2010 pilot project that expired after realizing some significant safety improvements. She kept working, knowing this was what the people of Maine wanted, which is why she eventually succeeded.

in the next edition of the magazine we will have pictures of the small token presented to the Senator at this year’s Annual Banquet to commemorate her determination and perseverance on this very important issue that has been 30 years in the making. We hope she will display it as a sign of our industry’s utmost respect and admiration.

On behalf of our membership and all businesses who rely upon commercial trucks for their raw material and outbound shipments, thank you Senator Collins for your persistence. We are forever grateful.


Safety ManageMent CounCil Meeting noteS

The Safety Management Council met on August 18, 2011 at the MMTA Office in Augusta. The meeting was attended by Safety Directors representing approximately 20 member companies as well as MMTA staff.

Introductions took place.

Brian Parke – President of Maine Motor Transport Association led of the meeting. Brian gave an update on the 100,000 lbs legislation for Maine Interstates. The video for “Safer Roads in Maine” that was sponsored by several member companies was shown to the group. The video is embedded on the MMTA web site and can be viewed by going to www.mmta.com/safermaineroads . DVD’s are available for anyone that would like to have one, just speak with Brian or Tim at MMTA.

Patty Morneault and Leslie Soares of the Maine Bureau of Motor Vehicles were introduced by Tim.

Patty & Leslie gave a presentation on how the CDL will be linked with the Medical Card.By January 30, 2012 all states must complyBy January 30, 2014 all states must meet full complianceThe medical card must be inserted into CDLIS and will become part of the Driver’s Motor Vehicle License Record once it has been postedEvery driver will be required to self certify the type operation they are involved (Excepted & Non-Excepted Interstate/ or Excepted & Non-Excepted Intrastate)Every time a driver has a license status change (applying/renewing/upgrading/medical certificate expiration/etc.) they will need to self certifyThe BMV is working through the possibility of faxing, scanning to email and having the Companies send the medical certification into the BMV to simplify the process for the driversLetters will go out to all Maine CDL driver’s explaining the process once more Federal Guidance is availableDrivers will still get a card at the time of the Medical Certification that will be good for 15 days to cover the period of time it may take to electronically post to the CDLMedical Examiners will need to be certified during the same time period. Not just any doctor will be able to issue a DOT Medical Examination.

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MAINE NEWS MAINE NEWS MAINE NEWS MAINE NEWS MAINE NEWS

BeWaRe – DeCeptive CoMplianCe notiCeS

peRSiSt

For months now, compliance notices regarding drug and alcohol training have been sent by fax and email to many (if not all) motor carriers with a DOT # in Maine. (See inset for a copy).

This mailing continually prompts many phone calls to MMTA asking if the mailing is a scam. While not illegal, it is a classic example of deceptive marketing. The flier leads many readers to believe it is from a government source and is a notice of non-compliance.

Reasonable Suspicion Supervisory training is required by Part 382.603 if the motor carrier employs drivers, other than oneself. This training is at least 1 hour of drug use content and 1 hour of alcohol misuse content.

MMTA offers this training at the member rate of $60 and non-member rate of $85. Our next class is February 24th at the MMTA Office in Augusta. For this and all of our offered training, please see our seminars and events link at www.mmta.com or feel free to call Sylvia at 207-623-4128.


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Drivers will have 60 days from medical certificate expiration to provide a “valid” medical certificate. If the driver is unable to provide a medical certificate, he/she will have the option of self- certifying to an excepted category. If they choose not to self-certify to an excepted category, the BMV will take action to remove the CDL privilege from the driver license.

A discussion took place about posting of data on INFORME. Patty will give Tim the power point presentation to be posted to the Safety Management Council’s web site. The presentation can be viewed at http://www.mmta.com/public/index.cfm?fuseaction=articles.view&id=4628 (select BMV Med Cert Presentation (8/18/11) and AAMVA Training Presentation (8/18/11)).

Note: A company can require its drivers to carry on them the medical card longer than 15 days if they want too.

Steve Whitcomb – Safety Director at H.O. Bouchard Inc. was introduced by Tim. Steve gave a presentation on Driver Qualification Files & Background Checks.

Part 391 of the FMCSR’s pertains to Qualifications of DriversSteve reviewed from the FMCSR’s what qualifies a driver and what needs to be present in the Driver Qualification File

Application for employmentMVR received from each state (if more than one)Certificate of Driver’s Road Test or copy of CDLAnnua l Rev iew o f D r iv ing Record(s)

Note to review the annual review (Certified by _____)

List of Certificate of ViolationsMedical Examiner’s CertificatePast Employer inquiries for 3 years including crash history, drug & alcohol testing

Steve handed out samples of the forms that he uses for DQ Files

MMTA has a blank DQ File available for all members that may need one

Tom Theriault – Safety Director for Irving Oil Corporation was introduced by Tim. Tom reviewed the 2011 CVSA Roadcheck Results for Maine that were provided by Lt. Kelly of the Maine State Police. Each line of violations was reviewed. As a state we are doing better but there is still room to improve.

Tim Doyle – Vice-President of Maine Motor Transport Association. Tim reviewed the plans for the MMTA/APTA Transportation Safety Conference

Will be held at the Samoset Resort in Rockport, ME on September 19th & 20th The Chief Safety Officer of the FMCSA will be there to open the conferenceThe program Agenda is being finalized

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The first Technician Competition was held in Bangor, ME and was very successful. Contact Randy DeVault at MMTA for more information or to give feedback.

Fleet Safety Award & Safety Director of the Year applications and details are available on MMTA’s web site.

The Safety Management Council is looking for new presenters for future meetings. Future topics include Medical Cards after a Heart Condition and Level I DOT Inspection.

Motion by Garry Therrien, 2nd by Tom Theriault to adjourn at 10:30 am.


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Maine MotoR tRanSpoRt aSSoCiation applauDS SenatoR CollinS tRuCk pRoDuCtivity SuCCeSS

Measure Will Improve Highway Safety


AUGUSTA – The almost 1,200 members of one of Maine’s largest trade associations, the Maine Motor Transport Association, applaud the November announcement that an agreement has been reached that would allow six-axle 100,000 lb. trucks to travel the entire interstate system in Maine. Such a provision, once implemented, would provide the same safety benefits as were realized under the 2010 Pilot Project authored by Senator Susan Collins that allowed all commercial truck traffic to travel on federal interstates instead of unnecessarily forcing many of them off the highway and onto Maine’s secondary roads and through downtown streets.

“This has always been about improving the safety of Maine’s roads, which is something Senator Collins has understood from day one,” said MMTA Chairman Jim McCurdy. “The idea of all commercial trucks being able to use the entire interstate system is much more than just a trucking industry issue, it is an issue that improves highway safety for all of Maine the moment it can be implemented.”

“The Maine economy moves by truck and the success of Senator Collins to get this through Congress is tremendously welcome news, especially for the professional truck drivers who have communicated to us that they want to use the safer interstate system because it decreases their interactions with other vehicles and pedestrians if they are able to avoid secondary roads,” indicated MMTA President and CEO Brian Parke.

“They would rather not have to go past driveways and through towns to deliver their loads. It’s a win-win for everyone who cares about safety; truck drivers, bicyclists, pedestrians, municipal leaders, and homeowners who live along the secondary truck routes. And with winter and the prospect of snow coming, the timing couldn’t be better,” said Parke.

“State safety leaders and highway officials who are accountable for the safety of Maine citizens have always supported these trucks to be on the interstate. The Maine State Police and the Department of Public Safety are confident that getting trucks off the secondary roads and onto the interstate will improve safety with the statistics to back it up; The Maine DOT and their engineers unequivocally contend that our roads and bridges are not only safer and can handle these commercial trucks once this provision is put in place, but that the state will also save a significant amount of money by doing so.”

Parke continued, “Governor LePage and each of his predecessors, Republican and Democrats all agree this would be a good thing for Maine and the Maine Legislature, who rarely agrees unanimously on any issue, has been united in pursuit of this solution whenever it comes in front of them. We’re pleased to see that this also has the support of many local municipalities as well as the Maine Parent Teacher Association and Maine School Superintendent’s Association.”

McCurdy concluded that “the Maine Congressional delegation, especially Senator Collins who got it through the Senate and through the conference committee, has been relentlessly committed and unwavering on this issue. The people of Maine are proud of her efforts to secure this common sense solution for our state.”

6-Axle 100,000 lb. Configuration Now

Allowed on Entire Maine Interstate System

SUCCESS!!

November 18, 2011

January/February 2012 Maine Motor Transport 1�

Savage HonoReD aS one of aMeRiCa’S SafeSt CoMpanieSEHS Today Magazine names Savage Services as one of the safest companies in U.S.


November 10, 2011 - Savage announced today that EHS Today recognized the company as one of “America’s Safest Companies.” Each year, EHS Today, a prestigious industry publication dedicated to the management of risk in the workplace and environment, selects just twelve companies who qualify for this honor.

To be considered one of “America’s Safest Companies,” organizations must demonstrate support from management and employee involvement; innovative solutions to safety challenges; injury and illness rates lower than the average for their industries; comprehensive training programs; evidence that prevention of incidents is the cornerstone of the safety process; good communication about the value of safety; and a way to substantiate the benefits of the safety process.

Eight Savage team members received the award on behalf of the entire Savage team at a reception on Monday, October 31st at the Rittenhouse Hotel in Philadelphia, Pennsylvania.

“We’re pleased to receive this award because it reinforces our wholehearted commitment to safety,” said Allen B. Alexander, Savage President and CEO. “It sends a strong message to our team members and prospective team members about our goal of becoming a ‘zero-occurrence’ workplace. And we appreciate the opportunity to work

with customers who share our passion for safety.”

Savage COO Kirk Aubry chairs the Savage Safety Leadership Council, which includes the leaders of the business groups and units as well as the company’s safety professionals. Council meetings focus on sharing best practices and working together to address environmental, health and safety issues. A foundation of the safety process at Savage is the expectation that all team members demonstrate safety leadership.

Much of that involvement comes from the Safety Specialist program, where the informal leaders from the operations are selected to attend a 3-day training session to prepare them for additional responsibilities with safety. The company now has 766 active Safety Specialists and 169 active Lead Safety Specialists.

“Nothing trumps safety at Savage,” says Aubry. “Safety is more than a program or a process. It’s part of our DNA. This award is an indicator that our efforts are paying off and that we’re on the right track. We’re grateful to all our good people who work together every day to deliver value to our customers – and do it safely.”

Savage has 150 locations in 36 US states and five Canadian provinces and employs 72 team members at the Savage Safe Handling operation in Auburn, ME.

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NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS

fMCSa anD pHMSa iSSue final Rule pRoHiBiting HanD-HelD uSe of CellulaR pHoneS

FMCSA and PHMSA have published a joint final rule restricting CMV interstate drivers and intrastate hazmat drivers’ use of hand-held cellular phones. The final rule prohibits CMV drivers from holding, dialing, or reaching for a hand-held cellular phone but allows the use of hands-free devices. Drivers may push a single button to initiate, answer, or terminate a call. However, the rule prohibits all push-to-talk functions on cellular phones. Citizen Band Radios, GPS, and fleet management systems are not included in the prohibition. The rule makes hand-held use of a cellular phone a disqualifying offense for drivers and also subjects drivers and motor carriers to federal civil penalties. FMCSA also stated its view to hold motor carriers accountable for violations committed by their drivers during the course of employment. Finally, the rule contains an exemption to allow hand-held use for emergency purposes only. The rule will take effect on January 3, 2012.

Summary of the Federal Restriction on Hand-held use of Cellular Phones for CDL Drivers

FMCSA and PHMSA issued a final rule that restricts the use of hand-held mobile telephones by interstate commercial motor vehicle drivers (CMV) and intrastate hazmat drivers. The rule does not restrict or prohibit the use of hands-free devices. The final rule was published in the Federal Register on December 2, 2011 and will take effect on January 3, 2012.

Changes:1. The final rule prohibits CMV drivers from holding, dialing, or reaching for a hand-held cellular phone. This includes all push-to-talk functions. Hands-free use of a cellular phone is allowed. The ban does not prohibit or restrict the use of CB’s, GPS, or fleet management systems.

a. Dialing – As defined by FMCSA, a driver is allowed to initiate, answer, or terminate a call by touching a single button on a mobile telephone or on a headset. This action should not require the driver to take his or her eyes off the road.

b. Reaching – FMCSA banned reaching for a cellular phone or hands-free device that is done in “an unacceptable and unsafe manner.” Examples of this behavior would be reaching for a cellular phone on the passenger seat, under the driver’s seat, or into the sleeper berth. To be in compliance with the rule, a driver must have a cellular phone and/or hands-free device within “close proximity” to his or her person.

c. Driving – The term “driving” means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, traffic control device, or other temporary delays. “Driving” would not include operating a CMV when the


NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS

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driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

2. Driver and Motor Carrier Penalties – Under the final rule, CMV drivers who are convicted of a hand-held cell violation twice within a three year period will be disqualified for 60 days. If convicted for a third violation within three years the driver will be disqualified for 120 days. Drivers will be subject to federal civil penalties of up to $2,750 for each offense. Motor carriers that allow their drivers to use hand-held cell phones while operating a commercial motor vehicle face a maximum civil penalty of $11,000 per violation.

3. Employer Liability – Within the language of the rule, FMCSA states that “no motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV.” In the preamble, FMCSA interprets the regulatory language to mean that motor carriers are responsible for the actions of its drivers, regardless of whether or not such actions are sanctioned by the motor carrier. FMCSA will hold employers accountable if the employee was doing his or her job, carrying out company business, or otherwise acting on the employer’s behalf when a violation occurs.

4. State Requirement – States will be required to adopt the final regulations within three years of enactment as a condition of receiving full Motor Carrier Safety Assistance Program (MCSAP) funding. It will initially apply to all interstate carriers and intrastate HM carriers. Because Maine adopts all of Part 392, the new rule will apply to intrastate carriers when Maine adopts the federal rules again through Chapter 4, anticipated to be in the February 2012 time frame.

5. Exemptions – The final rule does not apply to drivers engaging in harvest operations. The proposal also allows hand-held cell phone use by drivers for emergency purposes.

neW ReSeaRCH RevealS MotoR CaRRieR CSa

peRSpeCtiveS

The American Transportation Research Institute (ATRI) has released its report detailing the extent to which CSA has impacted the daily operations of trucking companies. ATRI’s report also describes and analyzes motor carrier attitudes toward and comprehension of FMCSA’s new regulatory program, based on survey data collected from 695 motor carriers.

While first year CSA impacts have not been dramatic, carriers who self-reported having one or more BASICs above threshold were markedly more likely to experience negative changes to their shipper and broker utilization. Overall, however, most carriers believed CSA represents an improvement over SafeStat, and that it will remove unsafe carriers and drivers from the industry and improve safety. Carriers also displayed a high level of knowledge on ATRI’s 14-item CSA knowledge test, although knowledge varied with certain carrier traits and attitudes.

This is the second release by ATRI examining CSA impacts; earlier this year ATRI released the results of its commercial driver CSA survey. “Our plan is to conduct both of these CSA surveys annually,” commented Rebecca Brewster, ATRI President and COO, “and believe that both surveys will become key annual indicators of CSA impacts and progress over time.” Later this year ATRI will release its full CSA study, juxtaposing carrier and driver CSA impacts, along with additional CSA statistical analyses.

A copy of the motor carrier and driver survey results are available from ATRI at www.atri-online.org.


THE MANY FACES OF MAINE’S PROFESSIONAL TRUCK DRIVERS

Ronald RoundPottle’s Transportation

George YorkBrockway-Smith Company

Richard ShawCentral Maine Transport

Don ThomasHartt Transportation Systems, Inc.

Frederick SturtevantCN Brown Company

Bernard HowlettPortland Air Freight

Reynold GrivoisSysco Northern New England

Robert ParsonsHartt Transportation Systems, Inc.

Warren LewisHannaford Trucking

John LiebermanWalmart Transportation

James GuillaumeWhite Rock Distilleries

Cynthia GrayHannaford Trucking

CONGRATULATIONS TO ALL OF THE 2011 MMTA DRIVERS OF THE MONTH!


The Safety PerspectiveBy Tim Doyle

MMTA Vice President

New Medical Certification Requirements

The letter below will be going out from BMV by the end of the month. It will be sent to every Maine CDL holder and I am sure you will receive many questions.

All new CDL applicants will have to self-certify at the time they apply for their CDL license. Current CDL holders will have until January of 2014 to complete the process. The issuance of a new medical card after January 30th 2012 would trigger the self-certification.

If a CDL driver holds a current medical card and CDL, issued in December of 2011, they would have the 2 year window in which to self-certify unless they sought to upgrade the CDL in the intervening period.

Bureau of Motor Vehicles, CDL Compliance Unit 29 State House Station, Augusta, Me 04333-0029

Telephone (207) 624-9110 or TTY (877) 456-8195

Department of the Secretary of State

Bureau of Motor Vehicles

Charles E. Summers, Jr. Thomas Arnold Secretary of State Deputy Secretary of State

Patty Morneault

Director of Driver License Services

12/27/2011 Dear Licensee: Our records indicate that you hold a Maine Commercial Driver’s License (CDL). Due to the publication of the United States Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) medical certification final rule, your CDL is being impacted. FMCSA has amended their regulations to require CDL holders and those applying for a CDL, who must meet federal physical qualification requirements, to provide their medical examiner’s certificate to the Bureau of Motor Vehicles. All state driver licensing agencies are obligated to record, report and track the medical certification status of individuals possessing a CDL. Effective January 30, 2012, all CDL holders will begin to self certify to the type of commercial motor vehicle operation they drive in or expect to drive in with their license. Persons submitting an initial CDL application will be subject to the same self certification. All current Maine CDL holders must complete the self certification process no later than January 30, 2014. In a follow-up mailing, details will be provided on how to fulfill the federal requirement. Enclosed are materials prepared by FMCSA that further outline the new rule. For further information regarding medical certification, access online http://fmcsa.dot.gov/rules-regulations/topics/medical/medical.htm. Sincerely, Patty Morneault Director Driver License Services Enc: FMCSA Document

New Medical Certification Requirements A Guide for Commercial Driver’s License

(CDL) HoldersGeneral Information

Federal Motor Carrier Safety AdministrationNovember 2011

What is changing? State driver licensing agencies (SDLAs) will be adding your medical certification status and the information on your medical examiner’s certificate to your Commercial driver’s license system (CDLIS) record.

When does this change start? This change starts on January 30, 2012

What is not changing? The driver physical qualification requirements are not changing.

What are CDL holders required to do?

1. You must determine what type of commerce you operate in. You must certify to your SDLA to one of the four types of commerce you operate in as listed below,

Interstate non-excepted: You are an Interstate non-excepted driver and must meet the Federal DOT medical card requirements (e.g. – you are “not excepted”). Interstate excepted: You are an Interstate excepted driver and do not have to meet the Federal DOT medical card requirements.Intrastate non-excepted: You are an Intrastate non-excepted driver and are required to meet the medical requirements for your State.Intrastate excepted: You are an Intrastate excepted driver and do not have to meet the medical requirements for your State.

2. If you are subject to the DOT medical card requirements, provide a copy of each new DOT medical card to your SDLA prior to the expiration of the current DOT medical card.

For more detailed information read the following:

Starting January 30, 2012 and no later than January 30, 2014, all CDL holders must provide information to their SDLA 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 SDLA 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 keep up-to-date their medical examiner’s certificate with their SDLA will become ”not-certified” and they may lose their CDL.

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This opportunity is for overall event SPONSORSHIP only suchas the golf tournament (this year it will be held in Vassalboro), the Truck Driving Championships, the Professional Technician Skills Competition, the Annual Banquet, etc. Separate sponsorship opportunities will be handled on a first come, first served basis for:

Hole sponsorships at the golf tournament.Closest to the pin and longest drive sponsors at the golf

tournament.Door prize contributions at all events.Award sponsors at MMTA events.

Please send this form with checks made payable to MMTA, Attn: 2012 Annual Sponsorship ProgramPO Box 857, Augusta, ME 04332-0857

Do you wish there was a way to pay ONE amount and be recognized as a MMTA sponsor all year?

Back by popular demand, members can again take advantage of bundled pricing and hassle-free advertising in support of one of the largest and furthest-reaching membership organizations in the state of Maine. Participation in this AnnualSponsorship Program is an easy, effective and efficient way to support the MMTA and be sure your company is recognized all year round - simply send us this form with your payment indicating the sponsorship level desired (see levels below). It’s that easy!

What are the benefits of this Annual Sponsorship Program?It supports an organization whose sole purpose is to help trucking in Maine.Guaranteed visibility for your organization within the transportation industry – if you are not being recognized as

supporting the MMTA, chances are your competitors will!!No more worrying if your organization has or hasn’t sent in the paperwork for all of the events – you do it once and

you’re done for the year!No more concerns about which events to sponsor.No more remembering to leave enough in the advertising budget for a MMTA event late in the year.Recurring exposure in the Maine Motor Transport News Magazine, with a circulation of around 1,400 each edition!

COMPANY NAME: _______________________________

SPONSORSHIP AMOUNT: $ _______________________

CHECK ENCLOSED or SEND INVOICE

2012 ANNUAL SPONSORHIP PROGRAM

Platinum Level $3,500 Recognition as a Platinum Sponsor at the Golf TournamentOne FREE Foursome at the Golf TournamentRecognition as a 2012 Annual Sponsor at each MMTA event

Includes:

Gold Level $2,500 Recognition as a 2012 Annual Sponsor at each MMTA eventIncludes:

Silver Level $1,500 Recognition as a 2012 Annual Sponsor at each MMTA eventIncludes:

(please circle one)

2011 ANNUAL SPONSORS INCLUDED INDUSTRY LEADERS

SUCH AS:


MMTA Training & Event Schedule - 2012

MMTA.COMMMTA.COMREGISTER FOR ALL TRAININGS AND EVENTS AT:

Mandatory Training ForEntry-Level CDL DriversDate and Location4/27/12 MMTA – Augusta

Time: 9:00 a.m. – 3:00 p.m.Fee: $80.00 for members $140.00 for non-members(Each registered attendee will receive a copy of the management edition of theFMCSR).(Sign in at 8:30 a.m.)

Hours of ServiceDate and Location2/17/12 MMTA – Augusta4/20/12 TBD – Presque Isle6/8/12 MMTA – Portland – Keeley’s8/24/12 MMTA – Augusta10/26/12 MMTA – Bangor – Jeff’s

Time: 8:30 a.m. – 12:00 NoonFee: $60.00 for members

$85.00 for non-members(Sign in at 8:00 a.m.)

Supervisor Training for Alcohol & Controlled Substance Testing ProgramDate and Location2/24/12 MMTA – Augusta4/20/12 TBD – Presque Isle5/11/12 MMTA – Augusta 8/10/12 MMTA – Augusta 11/16/12 MMTA – Augusta

Time: 8:30 a.m. – 12:00 NoonFee: $60.00 for members


Federal Motor CarrierSafety RegulationsDate and Location3/9/12 MMTA – Augusta6/22/12 MMTA – Augusta10/5/12 MMTA – Augusta

Time: 8:30 a.m. – 1:00 p.m.Fee: $80.00 for members


Hazardous Material TrainingDate and Location3/16/12 MMTA – Augusta6/15/12 MMTA – Augusta10/12/12 MMTA – Augusta



Defensive DrivingDate and Location4/13/12 MMTA – Augusta7/20/12 MMTA – Augusta



Air BrakeDate and Location4/12/12 Air System - MMTA - Augusta5/10/12 Air Brake Foundation - MMTA - Augusta6/7/12 Air Brake ABS - MMTA -Augusta


$175.00 for non-members(lunch provided)(Sign in at 8:30 a.m.)

NATMI – Motor Fleet Accident InvestigationTentative date and location:September 24-28, 2012

Hiring a Qualified Driver Date and Location6/29/12 - MMTA – Augusta12/14/12 - MMTA – Augusta


$85.00 for non-members (Sign in at 8:30 a.m.)

Golf TournamentJune 20, 2012 – Natanis

Truck Driving ChampionshipsMay 19, 2012 (Dysart’s)

Technician CompetitionMay 19, 2012 (EMCC)

Annual BanquetJanuary 12, 2012 (Portland)

Membership and Board Meetings:

1/12/12 4/11/127/11/12 10/10/12

Safety Management Council:2/16/12 5/17/128/16/12 11/15/12


Maine Motor Transport Association and Fleet Screen have developed a proprietary background check service for MMTA members to assist them with their driver screening needs.

Criminal Background Checks and Motor Vehicle Records (MVR’s) are essential screening tools for motor carriers to ensure that their prospective drivers meet the safety criteria established by the industry and company policy.

All reports are FCRA (Fair Credit Reporting Act) compliant and are reviewed by Fleet Screen prior to reporting to your company.

Screening Packages are as follows:

Product descriPtions

sociAL securitY trAce And VeriFicAtion

This is the first step in identifying false information provided on a job application. From these searches we verify that the social security number was actually assigned to the Subject, the state of issuance, as well as other names the Subject has used and a complete address history. The number is also verified through the Master Death Index.

nAtionWide criMinAL dAtABAse seArcH

The Nationwide Criminal Database Search is a comprehensive database search that provides criminal information from 40 states and 32 state sex-offender registries. Provides rapid access to the largest criminal database available with millions of offense records. It is a valuable information resource that may discover convictions in counties not identified in a Social Security Trace or County Criminal Report if the subject never lived in the county. Records from states are indexed from state correctional institutions, sexual offender and violent offender lists, the Office of Foreign Asset Control (OFAC) and some state and county court records.

countY criMinAL records

A Criminal history search using name, date of birth and social security number. We search for all felonies and misdemeanors in the county of residence. Results include case number, violation date, filing date, charges, plea and disposition. This search also produces any active warrants or open cases that an applicant may have.

Motor VeHicLe rePorts(MVr’s)

Driving Records obtained directly from the Department of Highway Safety and Motor Vehicles by state of issue. We are an authorized network provider for state DMV’s and have a direct line into the department database of each state. Records are retrieved directly from that database.

coMMerciAL driVer’s License inForMAtion sYsteM(cdLis)

CDLIS allows employers and their agents to comply with FMCSA requirements (§ 391.21-391.27), by searching within the “Commercial Driver’s License Information System” for any prior licenses, current CDL and up to three prior licenses held by said individual. Provides user with:

Present Jurisdictional State and Driver’s License Number NameDOB Up to Three Previously held CDL Numbers AKA Information

Mandated by the Commercial Motor Vehicle Safety Act (CMVSA) of 1986, CDLIS supports the issuance of commercial driver licenses (CDLs) by the jurisdictions, and assists jurisdictions in meeting the goals of the basic tenet "that each driver, nationwide, have only one driver license and one record" through the cooperative exchange of commercial driver information between jurisdictions.

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MAine criMinAL record cHecK

Checks of Maine Criminal History Record Information and Maine Juvenile Crime Information:

The State Bureau of Identification provides criminal history record information and juvenile crime information from data gathered from Maine law enforcement agencies, prosecutors, courts, and correctional facilities.

(ordered a-la-carte)$30.00 each$28.00 each

indiViduAL screening serVices:Motor Vehicle Reports $15.00 each (all states excluding AR, CT, DE, OK, RI & VT)Motor Vehicle Reports $23.00 each (In AR, CT, DE, OK, RI & VT)ME MVR from MMTA $8.00 each (next day) or $10.00 (same day)*CDLIS Reports $3.75 eachCounty Criminal Records $12.00 each**National Criminal Records $12.00 each

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driVer BundLed PAcKAgeincLudes:

Social Security VerificationCDLIS ReportMaine Driving Record (MVR)National Criminal Database1 County Criminal Report

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MAine criMinAL record cHecK incLudes:Criminal history record and juvenile crime information maintained by the Maine State Police, State Bureau of Identification. Conviction and adjudication information for adult and juvenile crimes committed within the State of Maine that the Bureau of Identification currently has on record, as well as pending cases less than one year old.

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*This is an MMTA product and not offered through Fleet Screen**Court fees may apply in isolated counties. Please contact MMTA or a Fleet Screen representative for additional information on courts that charge access fees.

DO YOU REALLY KNOW

WHO YOU ARE HIRING?


MMta HiReS neW BuSineSS ManageRSteve Ashcroft Joins Team Replacing Cathie Curtis

I can’t begin to tell you how thrilled and excited I am to begin my duties at MMTA. I am grateful to Brian Parke and Tim Doyle for the opportunity to bring my experience and knowledge to the great team and membership of MMTA.

I retired after 25 years in the Maine State Police on October 1, 2010 serving as a Trooper and filling many other roles including Accident Reconstructionist, Forensic Mapper, and Cadre Supervisor at the Maine Criminal Justice Academy. The last 15 years of my career I spent as a Sergeant Supervisor in the Commercial Vehicle Division and Acting Commanding Officer for the Commercial Vehicle Unit on two occasions for extended periods. As the Southern Maine Supervisor, I was the Department of Public Safety’s project manager for the rebuilding of both the Kittery (southbound) weigh station and the York (northbound) weigh station. During these rebuilds, it was always my desire to make those weigh facilities as streamlined as possible so that both enforcement and industry would benefit.

My time in the Commercial Vehicle Unit was the most rewarding and I worked with many outstanding individuals throughout this state and country, both in the industry and in state and federal governments. I have had a long working relationship with the Bureau of Motor Vehicle, the Department of Transportation and the Federal Motor Carrier Safety Administration. I know I have also worked, or had contact, with many MMTA members and hope to catch up with all of you soon.

I was a member of the Commercial Vehicle Safety Alliance for many years and participated as a voting member for Region One on the Driver/Traffic Enforcement Committee. During my years in CVSA, I was privileged to be chosen as a subject matter expert to participate on several national working groups. One of these groups was the Data Quality Working Group. This group was tasked with resolving data quality issues surrounding roadside inspections. The work was performed under a grant from the Federal Motor Carrier Safety Administration and facilitated by the Commercial Vehicle Safety Alliance. Results are being used in the federal government’s Comprehensive Safety Analysis (CSA) 2010 project.

The other project was the CDLIS/NLETS Working Group. This group was charged with examining and resolving inconsistencies between the Commercial Driver’s License Information System (CDLIS) and the information obtained through the National Law Enforcement Telecommunications System (NLETS). These inconsistencies were, and still are, causing some serious headaches for members of the industry where disqualified drivers are concerned. I was and will continue to be a strong advocate for the two systems to have the same driver’s license information so that companies can have accurate information when performing annual license checks.

I am hoping my knowledge and experience will be added value for you, the members. I am available anytime if you have questions, concerns or just want to say hello. I look forward to a long, beneficial partnership with you all.

Best regards

[email protected]

Tell your driver that you appreciate their professionalism and nominate them for DRIVER OF THE MONTH!

As a way to encourage additional participation in the Driver of the Month program, we have further streamlined the process so that it is even EASIER to recognize your professional truck drivers.

Step #1: Answer a just few questions• Driver Name• # of years driving• # of years with your company• # of accident-free miles• List any charitable/civic contributions

Step #2: Provide current MVR & e-mail photo

Step #3: Brag to your peers when your driver is recognized as one of the BEST!!

Instead of having to write up a narrative of each driver (which can sometimes discourage some supervisors from submitting nominations for their drivers) this step will only be necessary if your driver is one of the three finalists that will be chosen to compete for the coveted DRIVER OF THE YEAR award, recognized at the MMTA’s Annual Banquet in Portland.

Just when you thought it couldn’t get any easier, it’s important to note that any member company may nominate a driver *FREE*

What a great way to say THANK YOU to your driver, for all the hard, long hours worked and all the sacrifices they make every day to get the needs of customers met safely and professionally.

You are just a few minutes from getting them nominated... just go online to www.mmta.com/DOM... It is that EASY!!

Requirements for nominating a driver:• Company must be a MMTA member• Full time employee at least one year• Good safety record• Provide current MVR & e-mail photo

Here’s how the feature will look in the MMTA Magazine for everyone to see:

Help us make this program even better by nominating your drivers TODAY!

- - - - - - ATTENTION - - - - - -

Driver Name:__________________________________

Driver For:___________________________________

Nominated By:_________________________________

# Years Driving:______________________________

# Years With Company:_________________________

# Accident Free Miles:________________________

Interests, Charitable/CivicContributions:________________________________

JANUARY2012

MMTA DRIVER OF THE MONTH

www.mmta.com/DOMCompany Logo

HERE

Maine Motor Transport Association and Fleet Screen have developed a proprietary background check service for MMTA members to assist them with their driver screening needs.

Criminal Background Checks and Motor Vehicle Records (MVR’s) are essential screening tools for motor carriers to ensure that their prospective drivers meet the safety criteria established by the industry and company policy.

All reports are FCRA (Fair Credit Reporting Act) compliant and are reviewed by Fleet Screen prior to reporting to your company.

Screening Packages are as follows:

Product descriPtions

sociAL securitY trAce And VeriFicAtion

This is the first step in identifying false information provided on a job application. From these searches we verify that the social security number was actually assigned to the Subject, the state of issuance, as well as other names the Subject has used and a complete address history. The number is also verified through the Master Death Index.

nAtionWide criMinAL dAtABAse seArcH

The Nationwide Criminal Database Search is a comprehensive database search that provides criminal information from 40 states and 32 state sex-offender registries. Provides rapid access to the largest criminal database available with millions of offense records. It is a valuable information resource that may discover convictions in counties not identified in a Social Security Trace or County Criminal Report if the subject never lived in the county. Records from states are indexed from state correctional institutions, sexual offender and violent offender lists, the Office of Foreign Asset Control (OFAC) and some state and county court records.

countY criMinAL records

A Criminal history search using name, date of birth and social security number. We search for all felonies and misdemeanors in the county of residence. Results include case number, violation date, filing date, charges, plea and disposition. This search also produces any active warrants or open cases that an applicant may have.

Motor VeHicLe rePorts(MVr’s)

Driving Records obtained directly from the Department of Highway Safety and Motor Vehicles by state of issue. We are an authorized network provider for state DMV’s and have a direct line into the department database of each state. Records are retrieved directly from that database.

coMMerciAL driVer’s License inForMAtion sYsteM(cdLis)

CDLIS allows employers and their agents to comply with FMCSA requirements (§ 391.21-391.27), by searching within the “Commercial Driver’s License Information System” for any prior licenses, current CDL and up to three prior licenses held by said individual. Provides user with:

Present Jurisdictional State and Driver’s License Number NameDOB Up to Three Previously held CDL Numbers AKA Information

Mandated by the Commercial Motor Vehicle Safety Act (CMVSA) of 1986, CDLIS supports the issuance of commercial driver licenses (CDLs) by the jurisdictions, and assists jurisdictions in meeting the goals of the basic tenet "that each driver, nationwide, have only one driver license and one record" through the cooperative exchange of commercial driver information between jurisdictions.

•••••

MAine criMinAL record cHecK

Checks of Maine Criminal History Record Information and Maine Juvenile Crime Information:

The State Bureau of Identification provides criminal history record information and juvenile crime information from data gathered from Maine law enforcement agencies, prosecutors, courts, and correctional facilities.

(ordered a-la-carte)$30.00 each$28.00 each

indiViduAL screening serVices:Motor Vehicle Reports $15.00 each (all states excluding AR, CT, DE, OK, RI & VT)Motor Vehicle Reports $23.00 each (In AR, CT, DE, OK, RI & VT)ME MVR from MMTA $8.00 each (next day) or $10.00 (same day)*CDLIS Reports $3.75 eachCounty Criminal Records $12.00 each**National Criminal Records $12.00 each

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•••

driVer BundLed PAcKAgeincLudes:

Social Security VerificationCDLIS ReportMaine Driving Record (MVR)National Criminal Database1 County Criminal Report

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•

MAine criMinAL record cHecK incLudes:Criminal history record and juvenile crime information maintained by the Maine State Police, State Bureau of Identification. Conviction and adjudication information for adult and juvenile crimes committed within the State of Maine that the Bureau of Identification currently has on record, as well as pending cases less than one year old.

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*This is an MMTA product and not offered through Fleet Screen**Court fees may apply in isolated counties. Please contact MMTA or a Fleet Screen representative for additional information on courts that charge access fees.

DO YOU REALLY KNOW

WHO YOU ARE HIRING?



Maybe that tax credit money should be used for something else. That is a tradeoff. In the last round of stimulus spending, the Obama Administration favored Big Wind cash grants instead of another program that provided cash rebates to individuals who upgraded their heating systems to high efficiency systems. In Maine, this meant homeowners could have received a $1,500 cash rebate for the upgrade which typically reduces fuel usage by 30-40%. There was also a larger rebate incentive for biomass systems like pellets but it too was pulled. This money was eliminated in favor of giving it to Big Wind and the ethanol industry. Maine people and MEMA members will continue performing that installation and weatherization work with or without tax incentives, in fact we have been very successful at installing equipment that reduces the amount of products that we sell to those same customers. It is common that heating equipment upgrades save 30-40%.

Conservation and domestic production increases have reduced our importation of oil dramatically. While we import 49% of our petroleum, approximately just 10% of those imports come from the Persian Gulf. Most of our oil imports are from Canada and Mexico. Likewise all of Maine’s natural gas comes from Canada. We are in a world economy and isolationism is not an option. To keep our energy imports in perspective with other imports one should ask from where do most of our electronics, clothes, cars etc. come from. Not Maine. Our biggest trade deficit is with Communist China. At least with oil and gas, we could be producing much more at home and further reducing imports. Our administration should be supporting the Keystone XL pipeline.

It has recently been reported that the US has known oil reserves to sustain us at current demand for over 200 years and has the largest recent finds of oil and gas in the world. That is if we are allowed to get it. Shell was recently denied by the EPA a permit for a $5 billion development in Alaska because they did not adequately attribute the global warming effects of the ferry that would carry workers to and from the site. Global Warming Doctrine is another shibboleth that needs rational examination. We are not serious about economic prosperity if our energy policy is based on wind and ethanol and the prohibition of traditional sources.

We agree that we must use our natural and monetary resources wisely. We also agree that smart investment in alternatives is a reasonable action in order to stimulate innovation. For example, there is a technology that can turn wood waste into heating oil for about $2.50 a gallon. The technology exists, has been tested in small plant settings and is now located at the Old Town mill complex. The University of Maine also has a similar process. Should this chemical thermal technology be given a chance it could be placed at every paper mill in Maine. The process requires the electricity, water treatment, steam, and wood processing of existing mills – a perfect fit for a struggling industry. We have the forests, we could put the mills, the loggers and the towns back to work. We could produce much of the heating oil we need, which would keep individual investment low as we use the existing heating fuels infrastructure. Government picking winners and losers, especially if for political favoritism, prevents the market from developing technologies such as these as investors react to Government signals. Providing any energy product with subsidies, low or no-interest loans or tax avoidance with TIF’s and not offering those same advantages to others clearly inhibits the completive marketplace.

We believe that a diverse energy mix is good for Maine and MEMA members offer a variety of energy products for Maine consumers to consider. We also know that energy conservation works. For the last decade MEMA companies have worked with our customers to help them reduce their consumption of heating oil and propane by 50% through new boilers; new controls; energy audits, and weatherization. Maine residents, MEMA members, and government officials must work together to develop free-market solutions that help our customers and provide a level playing field for all energy products and sources to compete.

Today, the free and open marketplace determines the winners and losers in the heating fuels market. MEMA respectfully urges officials on the local and state level to avoid policies and legislation that favors one energy product over the other. Further, State and national energy policies constricting use, development, exploration and technological advances because they don’t fit with political agendas has proven economically disastrous. What we need is to unleash the power of the mind, of the entrepreneurs, and the market, not what is politically motivating and expedient. I am optimistic that our energy future is secure and robust if we take off these shackles and allow the market to work. Our State, our economy, our freedoms and our way of life depends upon it.

BEWARE OF FALSE ENERGY PROPHETSBy Jamie Py, President and CEO – Maine Energy Marketers Association

Tis the season for political solutioneering – my word - and at the top of the list is the current “energy” issue for Maine. Some government officials, petrophobes, and savvy entrepreneurs are lining up to set their agenda to twist government in order to create a preference for their energy wares. These are potential massively expensive government interventions into the market. As such, energy decisions need to be carefully weighed and factually accurate. Fundamentally, our view is that the market, which has been the best guide on energy choice, is still the appropriate mechanism for determining energy solutions. So, this would be a timely moment to at least discuss factual and historical information and to state that the local energy delivery businesses which employ over 10,000 in Maine that actually provide 70% of the energy for Maine citizens are not the enemy and are in fact today providing many market based solutions.

Much has been said about Maine’s energy situation mostly claiming that Maine has high energy costs and that we have to “get off oil” as almost a religious mantra. While today we may have high heating oil, diesel and gasoline prices, historically it was not so and determining future prices is extremely tricky. Further, our current high electricity prices have almost nothing to do with oil as less than 2% of our electricity comes from oil fired generation. Mainers do use a lot of oil relative to other States but that is because it is very cold, which requires a lot of energy for heating, and because our trucks and cars drive great distances. New York City, for instance, has very low per capita energy usage simply because its 10 million people live within a 10 mile square area. It is important to point out that Maine’s use of oil has decreased significantly through modern equipment upgrades and through alternatives.

However, many alternatives are not yet financially viable and are therefore pursued politically because they are not demanded rationally in the market. Only with serious intervention and subsidization do many of these alternatives work, if you define ”work” as forgoing the market while paying higher prices because of some external non-market based rationalization. In many cases, Government picks winners and losers in which case, the citizens are the ultimate losers. We remember the Maine sugar beets and the many Solyndra’s – money thrown into the trendy energy “solution” of the day, only to become a complete waste of taxpayer funds because the market doesn’t support it.

The current bandwagon in Maine is natural gas and Big Wind. Yes, natural gas is less expensive than oil today, but for 25 out of the last 32 years according to the Energy Information Administration, heating oil was less expensive. Heating oil has kept heating costs below national averages for all of those years and in Maine heating oil has been historically less expensive compared to the rest of New England. If natural gas continues to be less expensive, the market will drive Maine there. However, for all of those years that Maine energy companies provided extremely competitive oil and propane, none of the Maine companies asked for property tax forgiveness or excise tax exemptions. The $115,000 oil delivery truck pays how much in sales tax? How much in excise tax annually to the local municipality? And how about the property taxes for all of those storage facilities and offices?

Will natural gas be as inexpensive in the near future, or long term? None of us know. Making a commodity bet and using taxpayer funds while favoring foreign utilities to the detriment of local Maine businesses doesn’t seem right. Let the market decide. If prices stay high for oil, natural gas and alternatives will succeed. However, Maine government has a lousy record of picking winners and losers and a good example of this is our electricity situation.

Decisions made 25 years ago mandating long term electric contracts from non-utility generators, may have made a few owners of these facilities rich, but cost us all in Maine well over $5 billion and counting. I hate to harp on it, but please see my previous comments about the sugar beet and Solyndra boondoggles. The desire to intercede in the energy markets continues to be strong. There will be a ballot initiative in November 2012 asking Maine citizens to require a dramatic increase in “renewables” for electricity. This will require government mandated long term contracts for renewable energy. We have been here before and it was very expensive.

Today, subsidies for Big Wind are enormous. 100 times more per megawatt than that for oil and gas according to the U.S. Energy Information Administration. Yes, oil and gas get production tax credits, as do all manufacturers in this country. Whether or not Big Oil and Gas should or should not receive incentives to produce in the US is a fair question, however, what I do know is that eliminating these “subsidies” will not reduce the price of gasoline, diesel , and heating oil.

“Through millions of trials and errors each and every day – make or buy; sell or hold; with or without; risk and reward; sink or swim – (entrepreneurs) are part of one big feedback loop that gets it right almost all the time.”

-Jinger Duryea, President C.N. Brown, on why free market principles are a better long-term solution than government subsidies.

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ata SuMMaRy of fMCSa’S CHangeS to tHe HouRS

of SeRviCe RegulationS

On December 22, 2011, FMCSA publicly announced controversial Hours of Service rule changes. The key elements of this rule are described below and other information can be found on our website at www.mmta.com.

Key Elements of the December 2011 HOS Rule:

Maximum Driving Hours – FMCSA retained the current 11 hour driving time limit, but placed a limit on the number of consecutive driving hours. No driving may occur if more than 8 consecutive hours have passed since the last break of 30 minutes or more.

Restart – Any restart period must include two consecutive nighttime periods (from 1 a.m. to 5 a.m.), and must be at least 34 consecutive hours long. Drivers are permitted to use the restart provision only once in any seven calendar days.

14 Consecutive Hour Day (now called Driving Window) – The rule retains a 14 consecutive hour driving window. With 30 minute rest break, maximum on-duty time within the 14 hour window is 13.5 hours. No driving may occur after 14 consecutive hours since coming on duty; non-driving work is allowed past the 14 hour driving window.

Mandatory Rest Break – Drivers will not be permitted to drive if 8 hours have passed since their last break of 30 minutes or more. (Only 1 break may be required depending upon timing).

Off-Duty in A Parked CMV or In Passenger Seat – The rule allow drivers to record time spent in a parked CMV as off-duty time. Also, team drivers would be permitted to record up to 2 hours of time spent in the passenger seat of a CMV in operation as off-duty time, if it is just before or after an 8 hour sleeper berth period.

Oilfield Exemption – Waiting time at an oil well or natural gas site will not count toward calculation of the 14 hour window but must be recorded as off-duty on a paper or electronic log.

Egregious Violations – A driver who exceeds, and/or a motor carrier that allows a driver to exceed, the driving time limit by 3 hours or more be considered to have committed an egregious violation and be subject to the maximum civil penalties of $2,700 for drivers and $11,000 for motor carriers – for each offense.

Effective Date & Compliance Date – This rule will be effective in late February 2012, and the oilfield exemption change must be implemented by then. However, interstate motor carriers and drivers will not be required to comply with the remainder of the new rules (restart change, rest break requirement, etc.) until July 1, 2013.

NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS

BaCkgRounD anD CHRonology on tHe tRuCk DRiveR HouRS of

SeRviCe (HoS) RuleS

The truck driver HOS rules were originally established by the federal government in 1939. In 1995, Congress directed the U.S. DOT to establish new rules that incorporate current science about fatigue and alertness. Between 1939 and 2003, the HOS rules remained in effect and virtually unchanged (e.g., only minor changes were made in 1962).

DOT published new rules in April 2003 which increased the minimum amount of rest time between shifts by 2 hours (from 8 to 10 hours), decreased the maximum on-duty shift to 14 consecutive hours (versus 15 non-consecutive hours in the old rules), and limited weekly on-duty time to 60 hours. The rule also allowed 1 additional hour of driving each shift (from 10 to 11 hours), and provided a driver with the ability to “restart” their weekly on-duty time limit after taking at least 34 consecutive hours off-duty. The rules became effective in January 2004.

Responding to a legal challenge brought forth by Public Citizen, the Teamsters, the Truck Safety Coalition (i.e. CRASH & PATT), and Advocates for Highway and Auto Safety, in July 2004 the U.S. Court of Appeals for the D.C. Circuit overturned the rules based on DOT’s failure to perform one statutorily mandated analysis concerning driver health.

Congress passed a law in September 2004 to keep in place for one year the 2003 rules while DOT conducted its analysis and issued new rules.

In August 2005 DOT issued new HOS rules similar to the 2003 rules but with one significant change in how drivers could use a truck’s sleeper berth to obtain rest. This ‘sleeper berth’ change was unwelcome by the industry and drivers; however, since the rest of the rules were consistent with the April 2003 rules, the industry was generally satisfied.

In response to another legal challenge by Public Citizen et al., the U.S. Court of Appeals for the D.C. Circuit in July 2007 overturned the rules for a second time based on procedural errors made by DOT in the rulemaking process. The Court made clear that its decision to vacate was based on DOT’s procedural errors.

On December 17, 2007 DOT issued an interim final rule (IFR) that retained the 2005 rules and which addressed the procedural issues identified by the Court.

On November 19, 2008, FMCSA published a final rule that retained the 2005 rules, including the 11-hour driving limit and 34-hour restart provisions. One month later FMCSA received a petition for reconsideration filed by Public Citizen et al. FMCSA denied this petition on January 16, 2009 and three days later the HOS rule went into effect.

With a new administration in place however, Public Citizen et al once again submitted their petition for reconsideration in March 2009 challenging the latest publication of the rule. In October 2009, politically appointed DOT officials signed a litigation settlement agreement with Public Citizen, et al and filed it with the D.C. Circuit Court of Appeals. Under this agreement, DOT and FMCSA agreed to “review and reconsider” the HOS rules. The agreement also committed FMCSA to publish a proposed rule in the fall 2010 and finalize an HOS rule by July 2011.

On December 23, 2010, FMCSA proposed new, more restrictive, and more complex HOS rules, with a public comment period until early March 2011. During that period FMCSA received more than 25,000 comments, the vast majority written in support of keeping the existing rules in place and opposing FMCSA’s proposed changes.

On May 9, 2011, FMCSA placed four new research reports in the HOS docket and re-opened the public comment period for 30 days until June 8, 2011. FMCSA informed the D.C. Circuit of its intention to issue a final rule by late October 2011. FMCSA missed the October 2011 deadline and was granted a one month extension. In a late November 2011 Court filing, FMCSA signaled its intention to publish a final hours of service rule by December 28, 2011 or perhaps sooner.

HOURS OF SERVICE

FMCSA FINAL RULE


MMTA.COMMMTA.COM

fMCSa final HouRS of SeRviCe Rule - Rule CoMpaRiSon CHaRtCreated December 2011

FMCSA’s CURRENT HOS RULE FMCSA’s FINAL HOS RULE - December, 2011

All Property Carrying Drivers and Motor Carriers All Property Carrying Drivers and Motor Carriers

10 consecutive hours

14 consecutive hours

24 hours

11 hours

None

None

60 hours in 7 days70 hours in 8 days*

(*for carriers that operate 7 days a week)

Voluntary:34 consecutive hours off-duty resets a

drivers cumulative on-duty back to zero (orrestarts a drivers 60 hour weekly clock) at

any point in a driver’s 7 day cycle

Minimum Off-Duty Hours Between Shifts

Total On-Duty Window in Each Shift

Total Hours (On-Duty+Off-Duty+Rest)

Maximum Driving Hours

Limit on Consecutive Hours Driving

Mandatory Rest Break During Shift

Maximum Cumulative On-Duty

Cumulative On-Duty “Restart”

10 consecutive hours - Same as current rule

Change based on Rest Break – Still 14 consecutive hours; with 30 minute rest break, maximum on-duty time within 14 hour window is 13.5 hours. No driving may occur after

14 consecutive hours of coming on duty; non-driving work is allowed past the 14 hour driving window.

24 hours

11 hours, but it may not be consecutive. No driving if more than 8 consecutive hours have passed since the last break of

30 minutes or more.

Drivers will not be permitted to drive if 8 hours have passed since their last break of 30 minutes or more.

Same as current rule

Voluntary:The minimum length of a restart period is 34 consecutive off-duty hours. The actual length of the restart period is variable

since it must include two consecutive nighttime off-duty periods from 1:00 a.m. to 5:00 a.m. Drivers are allowed to use this restart only once during any seven calendar day period.

Team and Solo Drivers:2 periods totaling > 10 hours; 1 period must

be at least 8 hours in the sleeper berth; second period of time may be spent either in

or out of the sleeper berth.

Sleeper Berth: Splitting Off-Duty Time Same as current rule

Voluntary useOn-Board Recorders Same as current rule

All existing exemptions and exceptions remainFederal Exceptions & Exemptions Slightly modified Oilfield exemption

Chart Courtesy of the American Trucking

Associations

NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS

Still Have QueStionS?viSit uS at WWW.MMta.CoM anD

aCCeSS tHe neW HoS Rule Q&a oR Call uS at (207)623-4128


Coming d o w n

After A yeAr of turmoil, the mAine turnpike Authority

l o o k s A h e A d t o A t o l l i n c r e A s e A n d o t h e r c h A n g e s

By Kathryn Buxton

the‘Pike

Mai

ne

Turn

pik

e A

uth

ori

ty


Since being nominated to the Maine Turnpike Authority board by Governor Paul

LePage, recommended by the unanimous vote of the Maine Legislature’s Joint Committee on Transportation and approved by the Maine Senate during a special session of the legislature in September, Bob Stone has endured a stiff learning curve. A banker by trade with 41 years

his early impressions of the organization have been of “rapid appreciation for the complexity of running the Maine Turnpike and the tremendous skill and diligence required to run it

issues Stone and his fellow board members will face in the coming months is one that

be following closely: a planned toll increase and the related issue of toll equity. Stone said the toll increase is a given because of three core issues. First, after years of servicing the interest on the widening construction that was completed in 2005, it is now necessary to pay off the principle.

in debt.)

The second issue, according to Stone, is the requirement by the turnpike’s bond holders that the agency generate an annual net margin rate of 2.0 times its debt service

revenue growth due to the slow economic recovery.

conservatively at between one and two percent during the next few years.

Those three factors – principle payments, tight

that necessitates what the authority estimates will be a 28 percent toll increase.

Stone’s appointment to the board is evidence that, despite the turmoil at the agency during the past year,

the hard work of running one of the state’s most important transportation assets continues.

management is seen by many

agency moves forward in this era of economic austerity. And

new faces, new

controlsStone is one of several prominent new faces in the leadership at the Maine Turnpike Authority. His appointment to the board followed that of retired Judge Daniel Wathen, the authority’s new board chairman and former state Senator Peter Mills, who replaced Paul Violette as executive director when an investigation by the Maine Legislature’s

& Government Accountability

also examined several other

contributions to MaineDOT

consulting contracts.

new legislation governing the turnpike, as well as several internal reforms at the

serious round of budget cutting at the turnpike under the leadership of Mills, who said that its 2013 budget will be 10 percent less than its current operating budget. Still, Mills sees that, after a year, cost-cutting has its limitations and going forward, the authority management and its board will be taking a hard look at the timing and funding of its capital expenditures.

“For a lot of money that we spend, there is not a

maintenance costs. The turnpike is required by its long-term capital plan to pave the main line of the highway every 12 to 15 years to preserve the highway infrastructure, and it is currently in the midst of a campaign to rehabilitate and/or replace its bridges north of Portland that were put into service when the Portland-to-Augusta section of the highway opened in December 1955. “We have been very competitive in our construction contracts, so going forward it will come down to ‘do you do this now or do you do it

Further, Mills noted that certain extensive capital

‘the days of this agency’s reputation for never having to be restrained by revenues are over.’

Peter Mills,

Maine turnPiKe authority

executive Director


interchange or construction of the new interchange in Sabattus, might not pass muster today during these much leaner economic times.

“The Sabattus interchange at Route 9 – that was pure generosity and we haven’t made a cent of revenue from

bypass to communities west of Portland that has been under discussion for decades, simply are not feasible in this time of austerity, because they could not be self sustaining from toll revenues unless other funding sources can be

Residents and MaineDOT have long advocated for a tolled bypass to help alleviate choking congestion on local roads.

continued Mills. “That would be a very expensive road

that tolls to support the cost of purchasing the land and building a bypass would actually be too high for the market to bear. So the authority is in discussions with MaineDOT to help fund part of the road. As Mills and the board see it, the congestion on those local roads is really a MaineDOT problem.

“The days of this agency’s reputation for never having

are very real limits to what we can do even with bond

AiMing for equityPresently, the turnpike’s management and board are focused on bringing the agency’s debt and revenues into line. While cost cutting and more prudent long-term planning are part of that effort, a future toll increase is inevitable, according to Mills and Stone. Making the increase as equitable as possible for turnpike customers –

issue for turnpike management and its board as discussions about the increase get underway.

One way the authority is hoping to mitigate some of the effects of an increase will be in converting more of its customers to E-ZPass. While commercial carriers in Maine have been among the most robust customer segments to adopt the technology – about 80 percent of all trucks traveling on the turnpike are equipped with E-ZPass

in. According to Mills, only about 64 percent of all turnpike travelers currently use E-ZPass. That is a number he would like to see grow in the coming months for several reasons, as the authority prepares for a toll increase.

Mills noted that with the current toll structure and high number of cash-paying customers, the burden of a toll increase would be borne inordinately by cash customers at the lesser used side tolls. That is because the last time tolls were increased in 2009, cash prices for passenger vehicles at all but two toll plazas were set at the all-important dollar

Mills is less worried how the toll increase will play out for the turnpike’s commercial customers. That is because

can be set at smaller increments (e.g., currently a Class 6 commercial vehicle with an E-ZPass

any toll increase for trucks automatically more equitable, because it can be a pure per-mile charge, much as the old paper ticket system was. (The turnpike abandoned the paper ticket system when it converted to electronic tolling in 1997.)

“With E-ZPass

To help rebuild equity in the system, Mills is hoping to accomplish two things. First, the authority hopes to increase the number of passenger vehicles using E-ZPassby reducing the purchase price for an individual device

renegotiated its contract with the vendor that supplies the

The Maine Turnpike Authority will try to convert more customers to electronic toll collection as a means to make tolls more equitable for all vehicles that use the highway.

Maine Turnpike Authority


drivers needing the layover time for their logbooks. He has had discussions with HMS Host, which manages the service plaza concessions, to see if there is a way to better accommodate the needs of truckers, but as of yet, has not reached any agreement.

“In some ways, this road hasn’t been designed to accommodate the needs of truckers as well as it could have

a lean legacyFor his part, Stone noted that

has witnessed a sincere effort on the part of the agency staff and board members to consciously weigh each expense and try to save wherever possible. He talked about a recent board discussion on whether or not to renew the turnpike’s membership in the International Bridge, Tunnel and Turnpike Association. “We had a long conversation about it, but we came away knowing that

worth it because of the access to information and ideas and the ability to talk about issues with

member of the board, attending a farewell dinner for Lucien

the event paid for their own dinner. “I have a feeling that

Stone said he hopes his legacy from his time on the

every nickel accounted for and knowing that toll payers can rest assured that this organization is run as tightly as

For his part, Peter Mills likes to evoke the memory of David H. Stevens, who served as head of the agency in 1972

transportation commissioner.) “I never knew him, but from all I’ve read and heard,

conservative world view that Mills believes is very close to his own management style. “I tell you, if I could bring him back from the dead, there are a lot of things I’d like to

transponders to bring the price down. Secondly, the turnpike is hoping the Maine Legislature will pass a bill eliminating the commuter discount program that was created in 1982.

Out of 104,000 E-ZPasscustomers, approximately 23,000 enrolled in the special commuter program that gives them up to a 50 percent off the cash price on their regular weekday commute on the turnpike. Mills said the program, originally instituted under the paper ticket system, has grown increasing cumbersome and limiting as use of E-ZPass has grown. It requires customers to pay up front for a full three months of turnpike travel, and for turnpike staff to custom program each commuter E-ZPass

E-ZPass can only be used during the commuter’s work week and within the predetermined zone outlined by the commuter, so many customers have purchased a second E-ZPass and enrolled in

for weekend travel and trips outside their commuter zone.

Mills believes that level of complexity has prevented the turnpike from enrolling more customers in the E-ZPassprogram. Further, he believes eliminating that program and migrating those customers into a single toll discount

well as make the system fairer for all turnpike users.

stressing that the goal will be to make the system more equitable, easier to administer and attractive to more drivers

E-ZPass would actually pay a lower percentage of the cash toll than they do now under the current system.

trucKer frienDly oPtions?Both Mills and Stone are acutely aware of their role at a

focused organization. From talk of tolls, Mills moves to a discussion of issues

that he also hopes to tackle as turnpike executive director. One is adding services at turnpike service plazas to make them more attractive as stopover locations for commercial

‘We have the next five to seven years to pay down the widening debt.’

BoB stone,

Maine turnPiKe authority

BoarD of Directors

�0 Maine Motor Transport January/February 2012

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January-February 2012 MMTA Magazine

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