MMTA Magazine Sptember/October 2013

September/October 2013 Maine Motor Transport 1

September/October 2013

Also In This Edition:Maine’s Infrastructure Funding Balance | Hours-of-Service Updates | Fleet Safety Awards Announcement

Details on Pages 24 and 25

REGISTER TODAY!!

2 Maine Motor Transport September/October 20132

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Lewiston -Auburn385 Rodman Rd.(207) 786-2431

Augusta72 Darin Dr.(207) 622-7174

Bangor-Herman585 Coldbrook Rd.(207) 848-2203

Presque Isle850 Central Dr.(207) 769-2141

Skowhegan91 Waterville Dr.(207) 474-9587

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Maine Motor TransportAssociation Inc.

Brian Parke, Editor

MMTA Officers 2012-2014 Chairman: Chris Huff, Hannaford Trucking, S. Portland Vice Chairman: Evan Keefer, Kris-Way Truck Leasing, Inc., S. Portland Secretary: Shawn Moore, R.C. Moore, Inc., Scarborough Treasurer: Duane Graves, Pottle’s Transportation, LLC, Bangor Executive Committee: Jim McCurdy, Maine Commercial Tire, Bangor State Vice President, ATA: Vacant Alternate State V.P., ATA: Vacant Budget Committee: Duane Graves, Pottle’s Transportation, LLC, Bangor Governmental Affairs Committee: Barry Pottle, Pottle’s Transportation LLC, Bangor Membership Committee: Brian Bouchard, H.O. Bouchard, Inc., Hampden Special Events Committee: Nate Lewis, WalMart Transportation Nominating Committee: Jim McCurdy, Maine Commercial Tire, Bangor

Directors

MMTA Past Chairmenand Lifetime Directors

* Olen E. Butler 1946-47* Paul E. Merrill 1947-48* Gerald A. Cole 1948-49* Stewart M. Taylor 1949-50* Guy F. Dunton 1950-51* Mark W. Ginn 1951-52* Harry L. Milliken 1952-53* Philip C. Gox 1953-54 F. Gilbert Congdon 1954-55* H. Merrill Luthe 1955-56 Galen L. Cole 1956-57 Henry W. Saunders 1957-58 Richard S. Clement 1958-59 Dwin A. Gordon 1959-60* H. Blaine Sanborn 1960-61 William G. Hepburn 1961-62* C.L. Fox, Sr. 1962-63 George W. McNear 1963-64* H. Blaine Sanborn 1964-65 David W. Harmon 1965-66* Gerald A. Cole 1966-67 Herbert E. Ginn 1967-68 Joseph H. O’Donnell 1968-69* Harry L. Milliken 1969-70* F. Emmett O’Connor 1970-71* David W. Fox 1971-72 Robert E. Ginn 1972-73 Richard J. Haley 1973-75* George M. Hutchins 1975-77 H. Walker Noyes 1977-79 Chester Sherrard 1979-81 Arthur W. Hicks 1981-83* Virgil E. Beane 1983-85 George L. Parke 1985-87* David L. Cole 1987-88 William Duddy 1988-90* Clifton E. Halacy 1990-92 Mark A. Hutchins 1992-94 Donald B. Wiswell 1994-96 Pieter van Voorst 1996-98 Mert Brown 1998-00 Tom Keefer 2000-02 Barry Pottle 2002-04* John Austin 2004-06 Brian Bouchard 2006-08 John Lightbody 2008-10 Jim McCurdy 2010-12 *John Thut - Honorary Chairman

*DeceasedSubscription Rate

$2.75 per copy, $25.00 per year for members, $35.00 for nonmembers. Advertising Rates on request.

142 Whitten Road, Augusta, Maine 04330Tel.: (207) 623-4128 FAX: (207) 623-4096

Advertising Coordinator, Gayle BaberTel.: (207) 947-1408

Jeff Castonguay - Hartt Transportation Systems (2014)Roland Crawford - Timberland Trucking (2014)Mark Giuffre- United Parcel Service (2015)Aaron Huotari - Central Maine Transport (2014)Kathryn Killory - FedEx Corporation (2014)Randy Macomber - Macomber Transportation (2014)Shawn Phelps - Dysart’s Transportation, Inc. (2015)Alan Reed - PAF Transportation (2014)Floyd Thayer - Ed Thayer, Inc. (2014)

Ken Cannell - C. N. Brown Company (2015)Gary Cooper - J&S Oil Co., Inc., (2014)George Downing - G. A. Downing Co., Inc. (2014)Jim Mountain, Jr. - Shaw’s Supermarkets (2015)Rick Thurston II - Reed & Reed (2015)Tim Walton - Cianbro Corporation (2015)

Gary Bangor - Hale Trailer Brake & Wheel (2015)Brian Boulet - Boulet’s Truck Service (2014)Tawnya Brown - Central Maine Partners in Health (2015)Bill Crowley - Crowley Transportation Services (2014)Brian Hallowell - Freightliner and Western Star of Maine (2015)Andre La Brie - Ryder Transportation Services (2014)Kelly McDonald - Murray, Plumb & Murray (2014)Richard Morrison - Portland North Truck Center (2015)Karen Spellman - Transportation Compliance Services (2015)Ed Therrien - United Insurance Group (2014)David Watson - Diesel Direct (2015)

FOR-HIRE CARRIERS

PRIVATE CARRIERS

SERVICE INDUSTRY

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Lewiston -Auburn385 Rodman Rd.(207) 786-2431

Augusta72 Darin Dr.(207) 622-7174

Bangor-Herman585 Coldbrook Rd.(207) 848-2203

Presque Isle850 Central Dr.(207) 769-2141

Skowhegan91 Waterville Dr.(207) 474-9587

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January 9, 2014Holiday Innby the BayPortland

The Maine Motor Transport Association’sANNUAL BANQUET (formerly Shippers’ Night)�

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A special issue of MAINE MOTOR TRANSPORT NEWSwill be prepared for this event. The magazine will bedistributed to regular subscribers in November plusextra copies will be available at the registration tableduring the ANNUAL BANQUET.

Advertisers will benefit in many ways:1) Introduce themselves to industry members2) Feature new products & services available 3) Honor the many safety-conscious drivers

on the road in Maine

Join otherindustry associates in this special issue

Reserve yourspace by October 12, 2013

Company Name _______________________________________________

Your Name ____________________________________________

Email _______________________________________________

Billing Address _________________________________________

Phone_______________________________________________

Check one:

_____1/4 page $147 _____ 1/2 page $224 _____ Full Page $363 * $75 - 1/4 pg * $150 - 1/2 pg * $250 - full pg

* Additional cost. Please circle color option above if color is desired

Please complete the form below and return with your ad copy byOctober 12th to:

Gayle Baber, Advertising RepresentativeP.O. Box 414 Orono, ME 04473

Phone 207.947.1408 email: [email protected] continued support enables trucking industry members to

receive vital information in Maine Motor Transport News_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Some cover positions & other sizes available.Contact Gayle Baber for more information


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MMTA MEMBER NEWS MMTA MEMBER NEWS

POTTLE’S MAINTENANCE DEPARTMENT REACHES 1,000 ACCIDENT-FREE DAYS

For the last 1,000 days, the two work crews on the maintenance department at Pottle’s Transportation have been coming to work and performing tasks such as APU repairs, trailer repairs, clutch repairs, air conditioning repairs, engine repairs, changing oil, replacing tires, and completing overall bodywork when needed.

They have had 1,000 accident-free days in the Pottle’s garage! During those 1,000 days, they practiced patience, responsibility, and most of all, safety. Being such a great accomplishment, they were all awarded for their hard work on 7/18/13 with a cook-out celebration.

This accomplishment is made all the more impressive given the ever-changing tasks, hazards and sometimes adverse environmental exposures presented by Maine’s changing seasons. Going 1,000 accident-free days is a notable product of a cultural commitment to workplace safety shared by managers and employees alike.

With truck maintenance comes dangerous activities that are faced day in and day out. To make it to 1,000 accident-free days is an accomplishment they are all proud of. Barry Pottle, President and CEO of Pottle’s Transportation, is honored to have such a strong group that has safety as their main concern and hopes they can make it another 1,000 accident-free days!


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CalendarSeptember 11 Basic Air Brake System 9:00am MMTAOffice-Augusta

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October10 AirBrakeFoundation9:00am MMTAOffice-Augusta

October11 HazardousMaterialsTraining8:30am MMTAOffice-Augusta

October16 MMTABoard/MembershipMeeting7:30am MMTAOffice-Augusta

What’s Inside2013 Annual Sponsors......................................................4 Chairman’s Page.............................................................11National News.................................................12-13,16-17MMTA Annual Banquet.................................................14Fleet Safety Awards........................................................15Infrastructure Funding Feature..................................18-21HOS Updates.............................................................22-23MMTA/APTA Transportation Safety Conference.....24-25Industry Charity Events.............................................26-27Drivers of the Month.................................................28-29 8 1/2"

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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 Name DOB 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 PAcKAge incLudes:

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.

•

•

*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?DOES YOUR COMPANY

HAVE NEWS THAT READERS SHOULD KNOW

ABOUT?Have you added or promoted

staff?

Have you won any awards?

Are you expanding your business or adding a

facility?

Has your company been otherwise recognized for an accomplishment or significant milestone?

Let us know!Maine Motor

Transport NewsP.O. Box 857

Augusta, ME 04332-0857(207)623-4128


MMTA CHAIRMAN PAGE

Chris Huff - Delhaize America / Hannaford Trucking

There has been a lot going on in the trucking industry lately and, as you will see by the content in this magazine, we have a lot of things to consider when it comes to safety, compliance, routing and the impact this all has on our efficiency and service.

Take the new hours-of-service regulations, for instance. These new rules went into effect on July 1st, despite there being significant industry opposition to the changes to the 34-hour restart and the imposition of prescribed mandatory rest breaks. The

reasons for our disagreement are obvious and our hope was that the US Court of Appeals challenge of these provisions would prove favorable. Unfortunately, it was not and on August 2nd, the court ruled that most of the provisions should remain unchanged (see the MMTA’s website for all of the HOS details). The result is that the new rules are staying for a while and it behooves us to adequately train our drivers, our dispatchers and our customers about this new reality and how it will affect freight movements.

Another pressing issue, one that has been simmering for a while now, is how to ensure a safe and efficient highway infrastructure given our current political and economic realities. While there are no easy answers, this is a topic we should all think about and be prepared for because it is not going away. The condition of Maine’s roads and bridges and the investments being made (and needing to be made) has been a serious conversation that seems to continually be low on the priority list to address. We have tried to lay out all of the components in a feature article starting on page 18 but we are hoping the takeaway is that our industry needs to be willing to provide input and leadership when the issue of highway funding is finally addressed. As always, we welcome your input and you can send it directly to Brian at [email protected].

On a much lighter note, the applications have just been made available for the MMTA’s Fleet Safety Awards Program – see page 15 for details. These prestigious awards, sponsored by Great West Casualty, are a great way for your company and staff to be recognized for ongoing safety efforts and filling out the application takes less than five minutes – you can’t win if you don’t enter! Category winners and the Grand Champions will be presented their awards at the MMTA’s Annual Banquet to be held on January 9, 2014 at the Holiday Inn By-the-Bay in Portland. This is an event you can’t miss, with entertainment provided by the illustrious Bob Marley who is back by popular demand. It will be a great time and I hope you consider joining us for a terrific night of recognition and fun. Last year we had over 500 people attend… let’s make it 600 this year!

Also coming right up is the MMTA/APTA Transportation Safety Conference that will be held at the Samoset in Rockport on September 23rd and 24th. The first day will focus on industry-specific issues of compliance and safety, while the second day will be dedicated to the very important topic of distracted driving. Presenters will cover the issue from every angle – enforcement, corporate impact and personal stories from those devastated by such a tragedy – and we hope participants will walk away from the session with a reinvigorated commitment to prevent distracted driving. If you have not done so already, consider registering for the conference at www.mmta.com/safetyconference.

mailto:[email protected]

http://www.mmta.com/safetyconference



NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWSFEDS SENT ELECTRONIC LOGGING DEVICE RULE TO WHITE HOUSE FOR

REVIEWReprintedfromTransportTopics

Federal regulators sent a proposal to mandate electronic logging devices on all trucks to the White House for its review, the Federal Motor Carrier Safety Administration has said in an update of regulatory timelines.

The White House Office of Management and Budget will review the proposal for its adherence to the law and President Obama’s agenda. The review can take up to 90 days, but OMB can extend the period if it sees fit.

The proposal from FMCSA is an update to a 2011 proposal the agency withdrew later that year.

FMCSA had previously finalized an ELD requirement for certain carriers with poor hours-of-service compliance records, but that mandate was struck down in federal court because the agency didn’t properly address how the devices could be used to harass drivers.

ELDs were formerly known as electronic onboard recorders, or EOBRs.

FMCSA withdrew the universal mandate proposal because it used the same specifications as the proposal that was overturned. The agency vowed to move forward on ELDs and confront the harassment issue, and Congress asked for a mandate in 2012 as part of MAP-21.

If OMB approves the proposal, FMCSA can publish it and gather comments from the public.

IRP’S FULL RECIPROCITY PLANByBobPitcher,AmericanTruckingAssociations

An effort is under way to improve the International Registration Plan, the system through which interstate motor carriers fulfill their vehicle registration obligations, to make the Plan more flexible for the industry and simpler for states and industry alike. For many carriers, the change would also involve lower costs. Something for the trucking industry to support? Definitely!

The effort goes by the name of the Full Reciprocity Plan. Under IRP as it is now, a carrier renewing registration declares to its base jurisdiction which states and provinces it plans to travel in during the coming year and pays apportioned fees to those jurisdictions on the basis of where the fleet’s vehicles traveled the preceding year. Only the declared jurisdictions appear on the carrier’s registration cab cards. If the carrier’s plans change during the year, and it needs to travel into additional jurisdictions, it must either add those to its registration or buy trip permits. Either one can be expensive, and both can delay vehicle movements.

This aspect of IRP can be especially inconvenient – and expensive – for smaller, irregular-route carriers that don’t know from one year to the next where they will travel. At registration time, such a carrier can choose to register in a state in which it has never traveled, estimate the distance it may travel there, and that won’t cost it any additional in IRP fees. But it can only do that once. If the carrier doesn’t travel in that state during the year, it pays a penalty if it ever wants to add that state to its registration again. A similar situation faces a larger carrier or a leasing company whose customers’ requirements change during the year. IRP is basically a simple system, but a lot of complexity has grown up around the mechanism of estimated miles.

The Full Reciprocity Plan – FRP for short – would eliminate the complexity by automatically making IRP registration a registration for all IRP member states and provinces. IRP fees would be calculated the same way they are now. A carrier would pay on the basis of where its vehicles traveled in the preceding year. It would pay fees only to the jurisdictions it actually traveled in, but it would be registered everywhere. (The International Fuel Tax Agreement works much this way already.) A new fleet, just starting business, now pays on the basis of its anticipated travel; under the FRP, a new fleet would also be registered everywhere, and would pay on the basis of an average registration fee. After its first year, it too would pay on the basis of its travel.

The states have been examining the FRP seriously for several years, and like what they see. Industry representatives have been involved closely in the drafting and review of the new process.

The FRP is now out for a vote by the IRP member states and provinces, to determine whether it will be adopted. Adoption of an IRP amendment such as this requires the approval of three-quarters of the IRP member jurisdictions.

Editor’s Note: Voting closes in October, however the Maine Motor Transport Association has already sent a letter to Maine’s IRP Administrator at the Bureau of Motor Vehicles asking for their support for the FRP. Subsequently, Maine was one of the first three states to vote for the FRP.

Training prepares collector to conduct urine specimen collections in accordance with the U.S. Department of Transportation’s Drug & Alcohol Testing Procedures Rule: 49 CFR Part 40.

DOT Collector TrainingOctober 18, 2013

MMTA Office, Augusta

Register Online or Call Sylvia @ 623-4128


NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWSNATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS

WHAT ARE THE BROKER BOND PROVISIONS IN

MAP-21?

T h e M M TA h a s b e e n receiving a number of member inquiries regarding MAP-21 provisions related to freight brokers. These provisions were intended to better regulate freight brokers, freight forwarders, and the companies providing the financial security for authorized brokers (and now freight forwarders). Many of these questions have arisen after companies and consultants contacted trucking companies offering to sell them services to help truckers comply with the new law. Consequently, this has generated some confusion about what actually is contained in the new law.

To help address these questions, the ATA’s Law Department has provided a one-page summary of the current provisions that can be found at left, or to print at www.mmta.com.

Please note this one-page overview merely outlines what is in the current law. It does not reflect an endorsement one way or another on ATA’s part regarding the law and provisions within it.

Currently a number of State Trucking Associations, i n c l u d i n g M M TA , a re pursuing an initiative to exempt certain carriers, based on their operations, from being covered under this law.

MAP-21 Broker/Carrier Provisions

MAP-21, signed into law on July 6, 2012 as Public Law No. 112-141, contained several provisions intended to better regulate freight brokers, freight forwarders and the companies that provide the financial security for authorized brokers (and now freight forwarders). Some of these provisions may have an impact on existing carrier practices, including, as noted below, applying to some motor carriers who heretofore did not consider themselves brokers.

Minimum financial security – Beginning on October 1, 2013, brokers and freight forwarders will be required to provide financial security (in the form of surety bond or trust fund agreement) in the amount of $75,000. This represents an increase from the $10,000 amount currently required.

Distinction between motor carrier and broker activities – Under MAP-21, a motor carrier will only be authorized to provide transportation services where it transports the freight some portion of the way using self-propelled vehicles it owns, rents or leases. Where a motor carrier is simply arranging for transportation without providing any portion of the movement, the motor carrier will have to register for broker authority. It is anticipated that this new requirement will be further distilled in a FMCSA rulemaking process, which is not expected to commence until December 2013, but it is possible that the provision may be included in direct final rule and thus be effective October 1. MAP-21 makes it unlawful to engage in brokerage activities without authority and without the proper financial security, subject to civil penalties.

Registration of brokers and freight forwarders – Brokers today are required to register for authority with FMCSA. MAP-21 requires that, to qualify for registration, the registering entity must employ as an officer an individual with: 1) at least 3 years relevant experience; or 2) provides the Secretary with satisfactory evidence of the individual’s knowledge of related rules, regulations and industry practices. It is anticipated that this new requirement will be further distilled in a FMCSA rulemaking process, which is not expected to commence until December 2013. Therefore, the effective date of this requirement is unknown. MAP-21 further establishes a maximum 5-year duration for registration renewals.

Registration generally (for motor carriers, brokers and freight forwarders) – MAP-21 directs the Secretary of Transportation to issue a distinctive registration number for each type of authority (motor carrier, broker, or freight forwarder) that an entity is registered for. This registration number shall include an indicator of the type of authority for which it is issued.

Specification of authority – For each agreement or provide transportation or service for which registration is required, the registered entity must specify in writing the authority under which it is providing the service. It is anticipated that this new requirement will be further distilled in a FMCSA rulemaking process, which is not expected to commence until December 2013.

What it does not do – While attorney may advise an entity with motor carrier and brokerage operations to separate the two entities for liability limitation purposes, nothing in the MAP-21 provisions requires separate incorporation. That decision remains a business decision left to the entity with multiple authorities.

During this week, America takes the time to honor all professional truck drivers for their hard work and commitment in tackling one of our economy’s most demanding and important jobs.

Thank you to all those drivers who safely move our economy.

National Truck Driver Appreciation WeekSeptember 15-21, 2013

2 0 1 3

http://www.mmta.com


Please forward ______ tickets @ $40 each to the name and address listed at the bottom of this page.

2014 MMTA ANNUAL BANQUET

COMPANY NAME:

CONTACT NAME:

ADDRESS:

TELEPHONE #:

YES, I want to help make the MMTA Annual Banquet a HUGE SUCCESS. I wish to participate at the following level:

Platinum$1,000

Gold$500

Silver$250

Bronze$100

SPONSORSHIP OPPORTUNITIES

TABLES & INDIVIDUAL TICKETS

Complete tables of 10 are available. If multiple tables are requested, we will put them together if possible (early reservations help).All tables and individual ticket seating is on a first come, first choice basis. No refunds are possible after December 27, 2013.

IMPORTANT: ALL TICKETS ARE PAYABLE IN ADVANCE AND NO TICKETS CAN BE SOLD AT THE DOOR (DUE TO MEAL GUARANTEE REQUIREMENT).

Please fill out this form and register prior to December 27thBy mail: MMTA, P.O. Box 857, Augusta, ME 04332-0857

By fax: (207)629-5184 or register online at www.mmta.com/annualbanquet

TOTAL TICKETS:

SPONSORSHIP:

TOTAL AMOUNT:

Bill Me Check Enclosed Check #

+

Hospitality Reception5:00pm

Buffet Dinner6:30pm

Awards7:30pm

Entertainment8:00pm

MMTA.COMMMTA.COM

Register Online

/annualbanquet

MMTA ANNOUNCES MAINE COMEDIAN Bob Marley

AS ENTERTAINER FOR THIS YEAR’S MMTA ANNUAL BANQUET

Entertainment Sponsored by Maine Commercial Tire and Bridgestone

MMTA Annual BanquetJanuary 9, 2014

Holiday Inn By-The-Bay

88 Spring StreetPortland

(207)775-2311

Don’t be left out of the LARGEST MMTA event of the entire year!!


Please forward ______ tickets @ $40 each to the name and address listed at the bottom of this page.

2014 MMTA ANNUAL BANQUET

COMPANY NAME:

CONTACT NAME:

ADDRESS:

TELEPHONE #:

YES, I want to help make the MMTA Annual Banquet a HUGE SUCCESS. I wish to participate at the following level:

Platinum$1,000

Gold$500

Silver$250

Bronze$100

SPONSORSHIP OPPORTUNITIES

TABLES & INDIVIDUAL TICKETS

Complete tables of 10 are available. If multiple tables are requested, we will put them together if possible (early reservations help).All tables and individual ticket seating is on a first come, first choice basis. No refunds are possible after December 27, 2013.

IMPORTANT: ALL TICKETS ARE PAYABLE IN ADVANCE AND NO TICKETS CAN BE SOLD AT THE DOOR (DUE TO MEAL GUARANTEE REQUIREMENT).

Please fill out this form and register prior to December 27thBy mail: MMTA, P.O. Box 857, Augusta, ME 04332-0857

By fax: (207)629-5184 or register online at www.mmta.com/annualbanquet

TOTAL TICKETS:

SPONSORSHIP:

TOTAL AMOUNT:

Bill Me Check Enclosed Check #

+

Hospitality Reception5:00pm

Buffet Dinner6:30pm

Awards7:30pm

Entertainment8:00pm

MMTA.COMMMTA.COM

Register Online

/annualbanquet

MMTA ANNOUNCES MAINE COMEDIAN Bob Marley

AS ENTERTAINER FOR THIS YEAR’S MMTA ANNUAL BANQUET

Entertainment Sponsored by Maine Commercial Tire and Bridgestone

MMTA Annual BanquetJanuary 9, 2014

Holiday Inn By-The-Bay

88 Spring StreetPortland

(207)775-2311

Don’t be left out of the LARGEST MMTA event of the entire year!!

FLEET SAFETY AWARD PROGRAMAPPLICATION NOW AVAILABLE – TAKES 5

MINUTES OR LESS!!!

It’s that time a year again when MMTA members can apply for one of the two prestigious Fleet Safety Awards, sponsored by Great West Casualty. The awards are given out each year at the MMTA’s Annual Banquet, our industry’s largest event of the year with over 500 expected to attend.

The application process for the award is stress-free and takes only five minutes. An MMTA staff member will then visit with each applicant to verify accident and mileage data for each submission. This audit is quick and easy and it serves as a great opportunity for you to get to know the MMTA staff and discuss safety issues before, during, or after the audit. Depending upon the size of your company, the entire process takes 45 minutes at the most.

Members who are selected for Phase II, which will determine crash ratio within a mileage category, must prepare a more detailed application for review by an independent panel comprised of representatives from the State Police, FMCSA, and Maine BMV. The submissions are redacted and deliberated in person by the panel so that the safety program stands on its own merit, and not on company reputation.

While this process is more time consuming than the initial application, it is a great opportunity to review and fine tune your company’s safety program. This process will benefit your overall safety culture as it requires a thorough review of how you manage safety at your company. Policies, procedures, and programs are more than just binders on a shelf. They require implementation, review, and practice to be effective. MMTA’s Safety Awards Program is an excellent way to measure your program’s effectiveness and celebrate your staff’s work and accomplishments.

We encourage all members to apply. We have heard in the past that some members did not apply because they felt that one crash may keep them out of the running for an award and it would be a waste of time or effort to fill out the application. We can assure members that it is not a waste of time even if you are ultimately not selected to continue to Phase II of the process. The only thing you might have to lose is 5 minutes of your time to apply and the time it takes to meet with MMTA staff to review the one page application. All time well spent.

Members are encouraged to apply on-line at www.mmta.com/fleetsafetyawards. Please feel free to contact Tim Doyle at MMTA should you have any questions.

We look forward to seeing you during the audits and we encourage you to attend the Annual Banquet scheduled for January 9, 2014 at the Holiday Inn by the Bay in Portland.

CompanyClifford W. Perham/Shaw’sUnion Camp CorporationHartt Transportation Systems, Inc.Road & Sea TransportParkeway TransportEmery WaterhousePottle’s Transportation Inc.H.O. Bouchard Inc.Dysart’s Transportation Inc.H.O. Bouchard Inc.Lynch Logistics dba Central Maine TransportLynch Logistics dba Central Maine TransportCurrier Trucking Corp – under 3 millionH.O. Bouchard Inc. – over 3 millionEmery Waterhouse – under 3 millionPottle’s Transportation – over 3 millionFrank Woodworth – under 3 millionR.C. Moore – over 3 millionH.O. Bouchard - under 3 millionHartt Transportation Systems Inc. - over 3 millionMaine Energy Inc. – under 4 millionPottle’s Transportation - over 4 millionEmery Waterhouse – under 4 millionHannaford Trucking – over 4 millionSuperior Carriers – under 4 millionClifford W. Perham/Shaw’s – over 4 millionPortland Air Freight – under 4 millionClifford W. Perham/Shaw’s – over 4 millionSuperior Carriers – under 4 millionWalMart Transportation – over 4 millionBayside Transportation – under 4 millionWalMart Transportation – over 4 millionPoland Spring Bottling – under 4 millionClifford W. Perham/Shaw’s – over 4 million

Year199019911992 1993199419951996199719981999200020012002

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MMTAFLEET

SAFETY AWARDS

DID YOU KNOW?There have been 20 different Grand Champion winners since 1990!

Frank Woodworth, Inc.

http://www.mmta.com/fleetsafetyawards


NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS

SECRETARY FOXX ANNOUNCES PROPOSAL TO SAVE TRUCKING INDUSTRY $1.7 BILLION ANNUALLY BY ELIMINATING MAJOR PAPERWORK BURDEN

Proposed rule would maintain safety inspections while eliminating unneeded paperwork

WASHINGTON – U.S. Transportation Secretary Anthony Foxx has announced a proposal to eliminate a burdensome daily paperwork requirement for professional truck drivers that will reduce costs to the industry by an estimated $1.7 billion annually while still maintaining the Department’s high safety standards.

“President Obama challenged his Administration to find ways to cut waste and red tape, a challenge I pledged to meet during my confirmation hearing,” said Secretary Foxx. “With today’s proposal, we are delivering on that pledge, saving business billions of dollars while maintaining our commitment to safety. It’s the kind of win-win solution that I hope our Department will continue to find over the coming months.”

“This is a great example of the progress being made under the Administration’s regulatory lookback initiative,” said Office of Management and Budget Director Sylvia Mathews Burwell. “The Administration is carefully examining rules on the books to see where we can streamline, modify or repeal regulations to reduce unnecessary burdens and costs on businesses and consumers. By making this common-sense change to the DVIR process, the Department of Transportation is dramatically reducing paperwork burdens on the trucking industry, while continuing to protect public safety.”

Current federal regulations require commercial truck drivers to conduct pre- and post-trip equipment inspections and file Driver Vehicle Inspection Reports (DVIRs) after each inspection, regardless of whether or not an issue requiring repairs is identified. DVIRs are the 19th-highest paperwork burden, based on the number of hours needed to comply, imposed across all federal agencies and only 5 percent of reports filed include defects. Today’s announcement represents the largest paperwork reduction achieved since President Obama’s May 2012 Executive Order to reduce regulatory burdens on the private sector.

Under the proposed change announced today, commercial truck drivers would continue conducting pre- and post-trip inspections. However, DVIRs would be required only if defects or deficiencies were

discovered by or reported to the driver during the day’s operations.

“We can better focus on the 5 percent of problematic truck inspection reports by eliminating the 95 percent that report the status quo,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “Moving to a defect-only reporting system would reduce a significant paperwork burden facing truck drivers and save the industry billions without compromising safety.”

Federal regulations require that every commercial vehicle in the U.S. undergo a thorough annual safety inspection conducted by a certified commercial vehicle mechanic. In addition, state and federal inspectors conduct unannounced, random inspections of commercial vehicles at terminals, weigh stations, truck stops along the roadside and at destinations. Vehicles that fail random safety inspections are immediately placed out of service and not allowed to operate until the identified safety problems are addressed. In 2012, approximately 3.5 million random inspections were conducted.

In June 2012, the Federal Motor Carrier Safety Administration eliminated a comparable requirement for truck drivers operating intermodal equipment trailers used for transporting containerized cargo shipments. By eliminating a requirement for drivers to submit “no defect” inspection reports of intermodal equipment trailer, cost savings to the intermodal industry is estimated to be $54 million annually without an adverse impact upon safety.

The FMCSA will collect and review comments on the proposed rule, which is available at: www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/proposed/Driver-Vehicle-Inspection-Report-NPRM.pdf.

President Obama launched the Administration’s regulatory lookback initiative in January 2011 by issuing Executive Order 13563. The Order commenced an historic government-wide review of regulations on the books, with the goal of eliminating or modifying out-of-date, ineffective or overly-burdensome regulations.

http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwODAxLjIxNjY4MTMxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDgwMS4yMTY2ODEzMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NzA5OTk0JmVtYWlsaWQ9YW5uZS5mZXJyb0Bkb3QuZ292JnVzZXJpZD1hbm5lLmZlcnJvQGRvdC5nb3YmZmw9JmV4dHJhPU11bHRpdmFyaWF0ZUlkPSYmJg==&&&103&&&http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/proposed/Driver-Vehicle-Inspection-Report-NPRM.pdf





NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWSNATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS

INDUSTRY ASKED TO RANK TOP CONCERNS

Arlington, VA – The American Transportation Research Institute (ATRI), the trucking industry’s not-for-profit research organization, today launched the 2013 Top Industry Issues Survey. The annual survey, commissioned by the American Trucking Associations (ATA), asks trucking industry stakeholders to rank the top issues of concern for the industry along with appropriate strategies for addressing each issue. The survey is in its 9th year and participation by trucking stakeholders has grown each year.

“In complex times like this it is critical that we do our part to help ensure a thriving future for the trucking industry,” said ATA Chairman Mike Card, President, Combined Transport, Inc. “With your participation, we can speak with a collective industry voice on what’s most important to us.” The results of the 2013 survey will be released at the ATA Annual Management Conference and Exhibition, to be held October 19-22, 2013 in Orlando.

Industry stakeholders are encouraged to complete the survey online: http://atri-online.org/2013/08/05/critical-issues-in-the-trucking-industry-2013/.

BILL TO INCREASE INSURANCE INTRODUCED IN CONGRESS

On July 18, Representative Matthew Cartwright (D-PA) introduced H.R.2730, the Safe and Fair Environment on Highways Achieved through Underwriting Levels (SAFE HAUL) Act, a bill that would raise the required insurance minimum for motor carriers. Specifically, Cartwright’s legislation would increase the required insurance minimum for motor carriers from $750,000 to $4,422,000. The bill would also tie the future insurance minimum requirement to the cost of medical care inflation. The current insurance minimum of $750,000 was established by Congress in 1980, and has not been raised in more than 30 years. In introducing the legislation, Representative Cartwright noted that the intent of the bill is to promote safe operations by holding insurers responsible for inspecting trucking operations prior to underwriting policies and to protect the public.

Prior to his election to Congress, Rep. Cartwright was a practicing personal injury attorney.

UCR FILING SEASON COMING UP

At its meeting on June 12, 2013, the Board of Directors of the Unified Carrier Registration Agreement recommended to the states that participate in the UCRA program that they begin accepting 2014 UCRA registrations and fees from motor carriers and other covered entities on October 1, 2013, and that states begin roadside enforcement for the payment of the 2014 fees on January 1, 2014. The 2014 fees are the same as those for 2013.

OREGON TO TACKLE ROAD USAGE FEE “OPTION”

With the passage of Senate Bill 810, the Oregon Department of Transportation (ODOT) will soon have the ability to assess a charge of 1.5 cents per mile for up to 5,000 cars and light commercial vehicles and issue an equivalent gas tax refund to those who volunteer for the new fuel tax alternative. Governor Kitzhaber (D) is expected to sign the bill into law and the system is required to be operational by July 2015.

Vehicle owners must apply to participate in the program. Once accepted, they will use an approved metering technology that will track mileage. ODOT will need to oversee the administration of the program, including developing the methods to record and report on the number of miles enrolled vehicles travel on highways. ODOT must also determine the accuracy of the data collected, privacy options for persons liable for the per-mile road usage charge, the security of the technology, the resistance of the technology to tampering, the ability to audit compliance, and “other relevant factors that the department deems important.” In addition, ODOT will need to find at least one method of collecting and reporting the number of miles traveled by a subject vehicle that does not use vehicle location technology and adopting standards for open system technologies.

The Salem Statesman Journal reported that “implementing the voluntary program would cost an estimated $2.8 million in the 2013-15 biennium, which will be used to fund staffers, according to the bill’s fiscal note. Revenue from the program is expected to be minimal.” Other states and Congress are also exploring alternatives to the gas tax.

http://atri-online.org/2013/08/05/critical-issues-in-the-trucking-industry-2013/

http://atri-online.org/2013/08/05/critical-issues-in-the-trucking-industry-2013/


There are very few people who do not agree that Maine’s roads and bridges need help. If you have traveled on Maine’s highways, particularly our secondary road system, it’s not hard to see the obvious disconnect between our maintenance/upkeep needs and the ability to afford these needs. For their part, the Maine Department of Transportation (MeDOT) is doing what they can to find efficiencies, tighten their belt and try to stretch the dollars they get. But it may not be enough.

Maine’s Secondary Roads

It is no surprise that our secondary roads are the backbone of the state’s highway system connecting our rural communities to each other and to the service centers that serve them. These are the delivery routes that bring our members to places like Dixfield to deliver food, Ashland to deliver auto parts and Chester to ship out lumber to distributors in the south.

Sure, there are economic impacts when transportation infrastructure is either good or bad – attracting/retaining development investment compared to giving these interests a reason to look elsewhere, taking their jobs, their taxes and their community participation with them. But there are also other economic and safety impacts to consider, such as the cost to repair equipment and components due to the deterioration of the roads. Chances are, if you have drivers making deliveries, their safety is impacted due to the increased risk of a crash, as well as the increased driver fatigue from travelling over bumps, dips and uneven conditions, mostly on undivided roads.

Our professional drivers have a lot to

consider when they travel on Maine’s roads and thankfully they take their professionalism seriously by performing good pre-trip inspections, driving defensively and adjusting their driving to account for changing weather conditions.

It’s Complicated

It’s hard to complain about a problem unless you are prepared with a solution, but we’re going to try. Like most things, the problem isn’t that we are lacking an acknowledgement of the obstacle or disagreement that action needs to be taken. The problem is money. And lots of it. And competing interests for it. And priorities.

Highway Fund spending in Maine was generally on a steady increase (with some exceptions) from $191 million in 1989 to its peak of $370 million in 2006. For comparison purposes, Maine is supposed to spend $318 million from the Highway Fund in 2013. During this period,

FINDINGBy MMTA Staff

Maine struggles to balance safety, productivity and cost when funding transportation infrastructure.

BALANCE

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Maine Highway Fund Expenditures1989-2013

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infrastructure funding through the Highway Fund remained static at best (a high of 12% of total HF

and General Fund expenditures), and dipped below the 10% average (to 9%) in three out of the last six years. Some of this can be explained by the huge jumps in GF spending in 1999 and 2001 mostly attributable to a pair of 800 lb.

gorillas – education and DHHS spending – but it also points to problematic resource prioritization

and a diminished political will to tackle the problem.

It was as recent as 2008 when the last serious discussion was had about raising Maine’s fuel tax. The discussion started with a 5₵ increase, then morphed into spreading it out over 3 years, then went to 9₵ over 3 years with parity between gas and diesel taxes and elimination of indexing as part of the deal. It got to be an 11₵ increase before the whole deal got killed, however, there is also speculation that the deal was dead due to interest groups roaming the statehouse halls trying to make people believe then-Governor Baldacci was willing to support a whole quarter increase. It was a mess and, in the end, the lack of political will to make anything happen made nothing happen.

Since 2008, every time the conversation comes up about infrastructure funding and the prospect of a fuel tax adjustment, the politicians scatter for fear of the political ramifications of supporting a tax increase. Especially one that impacts all income levels as well as the businesses that rely on motor fuels to send and receive raw materials, inventory and to ship finished goods to market.

Trucking’s Conundrum

MMTA members know that the highway system is vital to economic prosperity. They know it’s upkeep is vital to the safety of their drivers and the motoring public. But they also know they are a primary resource for the taxes that must be paid for the infrastructure’s preservation – if more money is needed for better (or at least status quo) roads, their operating costs will have to go up.

The general rule of thumb in MeDOT circles is that a 1₵ increase in the fuel tax brings in about $7 million in additional revenue. The arithmetic from there is simple, what’s difficult is to measure the impact it would have on Maine’s businesses who rely upon the trucking industry. How much more will it cost a manufacturer to ship their goods and will it cause them to scale back on wages and/or the number of people they employ? Will it make them less competitive with other states trying to attract them to locate elsewhere, thus taking jobs and taxes from our already struggling economy? How much of a disincentive does this create when new companies are considering locating in Maine and does this outweigh the disincentive created by substandard infrastructure?

Despite the countless variables, one thing is for sure. At some point, priorities will have to be shifted and an emphasis will have to be placed on fixing/maintaining

Fuel Taxes - 70%

Motor VehicleRegistrations &

Fees - 26%

Inspection Fees - 1%

Fines, Forfeits & Penalties - 0.5%

Other Revenues - 2.5%

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Island Ferry Service - 2%

Secretary of

State - 10%

Public Safety - 10%

Debt Service - 7%

Administrative & Financial Services - 1%

Infrastructure Spending - 70%

REVENUES EXPENDITURES

WHERE DOES THE MONEY COME FROM?

WHAT DOES THE MONEY PAY FOR?

MAINE’S HIGHWAY FUND


our roads and bridges. Unless the economy miraculously takes off and money comes from the General Fund, user fees will have to be increased to pay for it.

Funding Alternatives

It is no secret that we despise options like the Vehicle Mile Tax (VMT), expanding the tolling of existing capacity, congestion pricing and most aspects of Public Private Partnerships (PPP’s). Any way you look at it, fuel taxes are the most efficient way to collect highway revenues, however, we also recognize that over the long term, due to changes in vehicle technologies, the tax on diesel and gasoline may not be a viable source of revenue.

So consideration of alternatives must meet a certain set of principles, starting with reasonable assurances that additional revenues will be dedicated to pay for infrastructure improvements – namely roads and bridges. These criteria, at least in our opinion, are that the source of revenue should be easy and inexpensive to pay and collect; have a low evasion rate; be tied to highway use; and not create impediments to interstate commerce.

With that as a backdrop, you can see why we oppose the options listed above in the inset on page 21.

Conclusions

There is no easy answer for this funding dilemma – if there were, some politician or interest group would have taken credit for it long ago. So for us, it is a matter of waiting, watching and being prepared to be a productive part of the conversations moving forward. The MMTA and the Maine trucking industry does not plan on being at the forefront to push for highway funding increases, but we do plan on being seen and heard as a reasonable voice and an important stakeholder that must be involved in any solution.

We don’t know what will happen or when it will happen, but we promise to keep MMTA members engaged in this issue whenever solutions are being discussed. All the parties involved are way past arguing about what needs to be done. The only remaining question is when we will get down to work.

$0

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New England Average Diesel Prices1993-2013

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$4.13

2007 HF:$352 Million

2012 GF:$3.1 Billion

State Spending - HF/GF1989-2013

General Fund Spending

Highway Fund Spending

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Proliferation of tolling existing capacity:

o Fuel tax evasion is relatively low. Tolls, on the other hand, are often easily evaded, usually by motorists using alternative, less safe routes that were not built to handle the level and type of traffic experienced due to toll evasion.

o The expense to collect tolls is much greater. There are significant capital and operating costs associated with collecting tolls, while fuel taxes are relatively inexpensive to administer. While state fuel tax collection costs are one to two percent of revenue, on major toll roads, collection expenses constitute one-quarter to one-third of revenue. Even on newer toll roads which utilize the latest technologies, collection costs are significant compared with the fuel tax, ranging between 12% and 20% of revenue.

o Tolling creates additional burdens on the trucking industry. As the number of toll facilities grows, so too do the number of points of collection, creating an administrative nightmare for trucking companies who operate throughout the country and are often required to establish accounts with multiple tolling authorities. A lack of transponder uniformity will also force carriers to purchase and install multiple transponders.

o Tolls represent double taxation. Maine truckers pay more than 55 cents per gallon in federal and state taxes on the diesel fuel they consume in Maine, and they pay federal excise taxes on the equipment they purchase, on the tires they use, and for the privilege of using their trucks. The state also levies truck registration fees and some other states impose other highway user taxes as well. These federal and state taxes apply whenever a motor carrier uses a road – whether that road is tolled or not. Therefore, although the motor carrier industry strongly supports a system of taxation based on highway use, we believe that charging tolls on top of existing highway fees is inefficient, inequitable, and unfair.

2012 GF:$3.1 Billion

Trucking Industry’s Oppositionto Funding Alternatives

Congestion Pricing:

o Congestion pricing is unrealistic for the trucking industry. An element of tolling is congestion pricing – the theory that if users pay their full marginal social costs of driving some would make different choices. Generally, the choices are to travel at a time of day when traffic congestion is less severe or to choose an alternate travel mode. For the trucking industry, no alternate mode exists.

o In addition, the trucking company’s customers generally decide pick-up and delivery times. Because of the competitive nature of the industry, many trucking companies find it extremely difficult to allocate toll costs to individual deliveries, thus giving the shipper no incentive to change schedules. Therefore, congestion pricing is not an appropriate mechanism for regulating travel time choices of trucking companies.

o A more effective approach might be to give direct incentives to shippers who make choices that are likely to reduce traffic congestion.

Privatization of Toll Facilities:

o Privatization is inconsistent with the efficient and cost-effective movement of freight;

o Privatization is not in the public’s best interest;

o Privatization represents a vision for the Nation’s transportation system that is short-sighted and ill-conceived;

o The devil is always in the details of the concession agreement and our industry is always skeptical of the transparency and control of such a high-stakes process.


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ATES FEDERAL COURT SIDES WITH ATA ON

BREAK PROVISION, BUT LEAVES HOS MOSTLY IN TACT

Arlington, Va. – The U.S. Court of Appeals for the D.C. Circuit has issued its long-awaited ruling on American Trucking Associations’ challenge to the most recent revisions in the hours-of-service rules; striking down a provision requiring short-haul drivers to take 30-minute off-duty break, but leaving the bulk of the rule unchanged. “While we are disappointed the Court chose to give unlimited deference to the Federal Motor Carrier Safety Administration’s agenda-driving rulemaking, the striking down of the short-haul break provision is an important victory,” said Dave Osiecki, ATA senior vice president of policy and regulatory affairs.

While the 30-minute, off-duty break requirement for short-haul drivers was vacated, the Court upheld the new limitations on the use of the restart, and the requirement that the 30-minute driving break be free of all on-duty activity, despite agreeing with ATA that the FMCSA’s justification for the rule had serious flaws.

Even though the Court identified several of these flaws, it declined to “second guess” the agency’s methodologies and interpretations of the evidence, instead taking a “highly deferential” approach to the agency’s presumed expertise, concluding that “FMCSA won the day not through the strengths of its rulemaking prowess,” but rather through “an artless war of attrition.”

Further, the Court found no merit in the challenge of the coalition of interest groups that have repeatedly fought to make a working regulation more restrictive, correctly concluding it “would have been unreasonable and unfounded on the record” to reduce the driving day from 11 to 10 hours. The Court also summarily rejected the groups’ call to eliminate the restart altogether.

“The court recognized on numerous occasions the shortcomings of the agency’s deliberations, so despite upholding most of the rule, we hope this opinion will serve as a warning to FMCSA not to rely on similarly unsubstantiated rulemakings in the future,” Osiecki said. “One thing this rulemaking makes clear is that fatigue is a small problem when viewed through a crash causation lens. ATA hopes FMCSA will work with the trucking industry to address more pressing safety and driver behavior issues, including those than can be directly affected through proven traffic enforcement activities aimed at unsafe operating behaviors.” This means the following:

1. There will be NO change to the restart rule that became effective on July 1; and,

2. The 30 minute rest break rule does NOT apply to local, short haul drivers (100 air mile radius drivers), but DOES still apply to all drivers required to complete a logbook.

FMCSA CLARIFIES THAT BOTH TYPES OF SHORT HAUL DRIVERS

ARE NOT SUBJECT TO REST BREAK REQUIREMENT

Following an ATA meeting with Administrator Ferro on Tuesday, August 6, FMCSA has released a new enforcement policy clarifying that, effective August 2, 2013, the hours of service 30-minute rest break requirement does NOT apply to either of the two categories of short haul drivers. The recent U.S. Court of Appeals decision which vacated the rest break requirements for short-haul drivers created some confusion by only speaking specifically to one of the two categories of short haul drivers – non-CDL holders who operate within a 150 mile radius of their work reporting location.

FMCSA’s new enforcement policy states that the Agency and its state enforcement partners will immediately cease enforcement of the 30-minute rest break provision of the HOS rule against all short-haul operations. This includes the aforementioned non-CDL holders using the exemption under 395.1(e)(2) AND drivers of any CMV (both CDL and non-CDL) operating within a 100 air-mile radius and using the exemption under or 395.1(e)(1). Also, FMCSA will also be initiating a rulemaking to include text in the HOS regulations specifically noting that the 30 minute break provisions do not apply to short haul drivers.


HO

UR

S-O

F-SE

RVI

CE:

UPD

ATESFMCSA CLARIFIES GUIDANCE

ON HOS REST BREAK REQUIREMENT

FMCSA has revised its previous guidance related to rest breaks. This change is significant in the context of the new 30-minute rest break requirement. Previously, FMCSA’s guidance stated that qualifying rest breaks be authorized by specific written instructions from the motor carrier detailing the duration of the break, when it could be taken, and required that it be of sufficient duration to ensure that the accumulated fatigue was significantly reduced. The prior guidance had also instructed that the driver be able “to leave the premises where the vehicle is situated.” Those requirements have now been eliminated as they were perceived to be outdated and unenforceable.

FMCSA’s revised guidance no longer requires written instructions from the employer or that the driver have the means or opportunity to leave where the vehicle is situated. Qualifying rest breaks now require only that the driver be relieved of all duty and responsibility for the vehicle and load and that the driver “be at liberty to pursue activities of his/her own choosing.”

From the 7/12/13 Federal Register:

Hours of Service for Commercial Motor Vehicle Drivers Regulatory Guidance for 49 CFR 395.2, Definitions

Question 2: What conditions must be met for a commercial motor vehicle (CMV) driver to record meal and other routine stops made during a work shift as off-duty time?

Guidance: Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy 49 CFR 395.3(a)(3)(ii), as off-duty time provided:

1. The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.

CVSA ISSUES GUIDANCE ON OUT-OF-SERVICE CRITERIA FOR HOURS OF SERVICE CHANGES

On June 27th, the Commercial Vehicle Safety Alliance (CVSA) issued a memo to its members clarifying how the out-of-service criteria would be impacted by the changes to the hours-of-service rules that took effect on July 1st. The memo confirms that drivers may be placed out-of-service for 60 or 70 hour violations when such violations result from a non-qualifying restart (e.g., did not include two nighttime periods from 1 - 5 a.m. or began within 168 hours of the beginning of the prior restart). CVSA suggests drivers not be placed out-of-service when discovered to have violated the new 30-minute rest break requirement. They recommend such violations may be noted on the roadside inspection report, but will not result in the driver being placed out-of-service.

However, in its memo, CVSA noted the potential for inconsistencies between States – when drivers are found in violation, they may be required by some States to cease operating and immediately take a 30 minute break. After checking with the Maine State Police Commercial Vehicle Enforcement Unit (Troop K), MMTA has confirmed that their guidance to Maine enforcement officials will be to rely upon the plain language of the new regulations – a driver is not permitted to drive if more than 8 hours have passed since the end of the driver’s last off-duty period of at least 30 minutes.

So while it might not technically be an out-of-service violation, a driver who is out of compliance with this provision in Maine will not be allowed to drive until they have taken the requisite off-duty break. To make things even more convoluted, it appears each state can make their own determination as to whether they will allow a driver to continue, or make them wait until they have taken at least 30 minutes off. Either way, this scenario will not result in an official out-of-service order affecting the carrier’s safety records.

Due to the potentially inconsistent message that results from this memo, it is likely that CVSA’s position on rest break violations may change as the organization is due to revisit the issue at its upcoming Annual Conference in September.

FMI - Go to WWW.MMTA.COM

HOURS-OF-SERVICENew Rules Go Into Effect July 1, 2013


GENEROUSLY SPONSORED BY:

REGISTRATION FORM ON THE BACK OF THIS PAGE

DAY 1 - September 23, 2013BreakfastWelcome Opening RemarksEnforcement Update: Lt. Currie, MSP and Eric Adair, FMCSA Medical Examiner Registry and Training: Dr. John Bielecki, Workplace HealthBreakDriver shortage - Is it really not enough in or just too many out? David Miller, Armour Transportation SystemsDrug & Alcohol Testing - hair samples: Ben Johnson, Fleet Screen LunchTrucking Industry Gives Back: Wreath’s Across America & Camp SunshineSafety is Everyone’s Business: Scott Claffey, Great West Casualty CompanyRound Table Wrap UpDinner on your own

7:00am8:00am:8:10am:8:30am:9:15am:10:15am:10:30am:

11:15am:Noon:1:00pm:2:00pm:3:00pm:Evening:

DAY 2 - September 24, 2013BreakfastWelcome backMaine-Made Motivation: Gary CrockerDistracted Driving: Michael Irwin, CDS CDT - Commercial Vehicle Safety AllianceBreakDistracted Driving: Impact on Company, Rick Parisien, Hartt Transportation SystemsDistracted Driving: Heather Dawn’s Story, Judy Bouchard Wrap upLunchWCT Annual Meeting (WC Trust Members Only)

7:00am8:00am:8:10am:9:00am:10:00am:10:15am:10:45am:11:30am:Noon:1:00pm:

BROUGHT TO YOU BY:

MMTA /APTATRANSPORTATIONSAFETY CONFERENCE

September 23 & 24, 2013SamoSet reSort - rockport, maine

Country Coach Charters

MMTA/APTA TRANSPORTATION SAFETY CONFERENCE FOCUSES ON

DISTRACTED DRIVING

Each year Maine Motor Transport Association and the Atlantic Provinces Trucking Association present a transportation safety conference focused on improving safety in the trucking industry. This conference provides valuable professional development experiences for company owners, safety directors, dispatchers, HR professionals, and others interested in motor carrier safety.

Now in our ninth year, it is Maine’s turn to host the conference again and we have chosen the Samoset Resort in Rockport, Maine as our venue. We last hosted it there in 2011 and the feedback on the location was extremely positive.

The conference offers a number of topics for attendees, but a major focus will be distracted driving. Distracted driving is something we are all familiar with, but none of us believe it will happen to us. The statistics themselves are alarming, and we are all aware of the fines associated with distracted driving, but hearing personal accounts from those who have experienced the devastation of distracted driving is impactful.

Prepared to talk about this very important topic will be a representative from the Commercial Vehicle Safety Alliance who will discuss the facts and enforcement efforts. We will also hear from Judy Bouchard who lost her daughter Heather to a distracted driving accident. Also on hand to impart first-hand experience in dealing with the devastation of a distracted driving fatality from a company’s perspective will be Rick Parisien of Hartt Transportation Systems.

The conference promises to be an excellent professional development and networking experience and we hope that you will join us. This conference will benefit all members, no matter their size.

Registration is available at www.mmta.com/safetyconference or by calling MMTA and speaking with Sylvia. Overnight accommodations at the Samoset are filling up fast. We encourage you to make reservations soon to ensure room availability.


REGISTRATION FORM ON THE BACK OF THIS PAGE

DAY 1 - September 23, 2013BreakfastWelcome Opening RemarksEnforcement Update: Lt. Currie, MSP and Eric Adair, FMCSA Medical Examiner Registry and Training: Dr. John Bielecki, Workplace HealthBreakDriver shortage - Is it really not enough in or just too many out? David Miller, Armour Transportation SystemsDrug & Alcohol Testing - hair samples: Ben Johnson, Fleet Screen LunchTrucking Industry Gives Back: Wreath’s Across America & Camp SunshineSafety is Everyone’s Business: Scott Claffey, Great West Casualty CompanyRound Table Wrap UpDinner on your own

7:00am8:00am:8:10am:8:30am:9:15am:10:15am:10:30am:

11:15am:Noon:1:00pm:2:00pm:3:00pm:Evening:

DAY 2 - September 24, 2013BreakfastWelcome backMaine-Made Motivation: Gary CrockerDistracted Driving: Michael Irwin, CDS CDT - Commercial Vehicle Safety AllianceBreakDistracted Driving: Impact on Company, Rick Parisien, Hartt Transportation SystemsDistracted Driving: Heather Dawn’s Story, Judy Bouchard Wrap upLunchWCT Annual Meeting (WC Trust Members Only)

7:00am8:00am:8:10am:9:00am:10:00am:10:15am:10:45am:11:30am:Noon:1:00pm:

BROUGHT TO YOU BY:









Company Name: Phone:

Address: City, State ZIP

Contact Name: E-mail:

Please make hotel arrangements directly through the Samoset at (800)341-1650 and be sure to mention the MMTA/APTA Transportation Safety Conference to get our room price of $162 per

night. Reservations must be made prior to August 21st to guarantee price and availability.

Hotel Accommodations:Samoset Resort220 Warrenton StreetRockport, Maine 04856(800) 341-1650

YESNO

Are you a member of the MMTA Workers’ Compensation Trust?Pricing:

Conference Registration Per Person: $100/pp

Full Conference Registration Per Person: $50/pp

Second Day Conference Registration, Including Lunch (no Breakfast): $0/for 4 registrations and $25/pp for

5 or more

OPTION #1 OPTION #2

Payment Options: Total Amount Due Check Enclosed Please Invoice

Cancellation Policy: Substitute registrants can be named at any time. A full refund will be given with at least 2 business days notice. If you do not cancel by giving 2 business days notice, you will be responsible for the entire payment.

Company Name: E-mail:

Make checks payable to: MMTA, PO Box 857, Augusta, ME 04332-0857Register online at www.mmta.com/safetyconference Questions? Contact Sylvia St. Pierre at [email protected]

Individual’s Name:

Full Conference




To help us plan appropriately, please indicate the conference option each participant plans to attend: Day 2 Only

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*On your own




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Driver Name:__________________________________

Driver For:___________________________________

Nominated By:_________________________________

# Years Driving:______________________________

# Years With Company:_________________________

# Accident Free Miles:________________________

Interests, Charitable/CivicContributions:________________________________

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MMTA DRIVER OF THE MONTH

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30

26

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Driver Name:__________________________________

Driver For:___________________________________

Nominated By:_________________________________

# Years Driving:______________________________




May2013


www.mmta.com/DOMSavage Safe Handling

Rob Greatorex

Savage Safe Handling

Scott Clark

15

2

1,000,000

Camping, spending time with family, avid Patriot’s fan

Driver Name:__________________________________

Driver For:___________________________________

Nominated By:_________________________________

# Years Driving:______________________________




June2013


www.mmta.com/DOMBayside Transport

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Bayside Transport, Inc.

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20+

3

1,000,000+


Driver Name:__________________________________

Driver For:___________________________________

Nominated By:_________________________________

# Years Driving:______________________________




July2013


www.mmta.com/DOMJim Beam

Brands - ME

Dana Stanley

Jim Beam Brands - Maine LLC

Harold Jones

25

20

2,000,000

Driver Name:__________________________________

Driver For:___________________________________

Nominated By:_________________________________

# Years Driving:______________________________




August 2013


www.mmta.com/DOMMidwest Run, Inc.

Randy McCaw

Midwest Run, Inc.

Harold Jones

32

2

2,400,000

Driver Name:__________________________________

Driver For:___________________________________

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# Years Driving:______________________________




September 2013


www.mmta.com/DOMPottle’s

Transportation

Gary Hunt

Pottle’s Transportation

Sheldon Cote

19

9

1,900,000

Member of local VFW, volunteer for Wreaths Across America. Likes hunting, fishing & camping with family


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MMTA Magazine Sptember/October 2013

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Transcript of MMTA Magazine Sptember/October 2013