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Sod truck driver in fatal March school bus crash scheduled in St. Lucie County Court today

The traffic case of the driver of a sod truck involved in the fatal school bus accident on March 26 is scheduled to go before a county judge at 1:30 p.m. Monday at the St. Lucie County Courthouse.The bus driver, Albert Hazen, of Port St. Lucie, was cited for being at fault in the accident. Hazen was fined $1,000 and his license was suspended for six months for failing to yield while making a left turn onto Midway Road, from Okeechobee Road.As he turned, the sod truck hit the school bus.

The Florida Highway Patrol wrote up truck driver Charles Cooper, 24, of Virginia, for technical violations: not properly filing out a state-required trip travel log. And the truck brakes needed adjustment, according to an FHP accident report. However the report said that didn’t contribute to the collision.Cooper’s case goes before County Judge Philip Yacucci. Cooper is represented by a private attorney.The parents of a student killed in the accident, Aaron Beauchamp, have filed a lawsuit against Cooper and the company he worked for, Cypress Truck Lines.

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New Trucking Alliance Bids for Leadership on Safety

The small group of trucking companies that agitated for mandatory electronic onboard recorders in the recent highway bill is on a mission to apply the same laser focus to a half-dozen additional safety initiatives, including mandatory speed limiters and improvements to drug and alcohol testing.
“I didn’t feel that there was any other issue, ever, probably within my lifetime in trucking, that was more important to get done and get done as soon as possible than to get an EOBR mandate,” said Steve Williams, chairman of the eight-member Alliance for Driver Safety & Security, known for short as The Trucking Alliance.Williams, chairman and CEO of Arkansas-based truckload carrier Maverick Transportation, helped launch the group in 2010 for the sole purpose of getting Congress to pass the mandate. The alliance was motivated not just by their shared commitment to the mandate, but also by frustration with the regular order of trucking business on Capitol Hill, which they found too slow and tenuous.Now that recorders are the law – the Federal Motor Carrier Safety Administration has one year to finish the rule and three years to put it into effect – the alliance is doubling down.

Its agenda for the next two-year congressional cycle is to promote hair testing for drugs, creation of a drug and alcohol clearinghouse, mandatory speed limiters, higher financial requirements for would-be truckers and consideration of alternative compliance methods for determining safety fitness.None of these issues is new. Some of them already have been proposed as rules. And all are on the safety agenda of the American Trucking Associations.But the Alliance intends to push them using a new business model for truck lobbying, a model created out of impatience with the style of representation that ATA brings to Washington.

ATA is a federation of state trucking associations and operating groups such as the Truckload Carriers Association, as well as its trucking company members. The policy agenda that ATA’s professional staff carries to Congress and the regulatory agencies is shaped in a committee process that reflects the interests of the broad-based federation.Williams, a former chairman of ATA and current chair of the association’s research arm, the American Transportation Research Institute, was not satisfied with how onboard recorders fared in this process.
“ATA has to lobby a laundry list of issues that are collectively important to everyone but have different levels of importance to different factions within the industry,” he said.

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Driver says trucking job numbers at Port of Gulfport inflated

A full-time truck driver at the port, Mark Whetstine, said the number of trucking jobs being counted at the port is seriously inflated.Port executives claimed 1,363 trucking jobs before Hurricane Katrina, in an action plan submitted to the U.S. Department of Housing and Urban Development for grant money being used to create jobs. Trucking jobs were included under the category “others” in the port’s post-Katrina job numbers. The port listed 812 jobs under “others.”

The most recent job numbers lump in truckers with vendors, with a total of 602 jobs listed in that category Whetstine estimates 10 to 15 trucks work the port daily, with other truck drivers in and out for shorter periods of time. Most of those drivers do not live on the Coast, Whetstine said, or even in Mississippi. If they were not hauling cheese from Gulfport to New Orleans, they would be hauling some other load for one of the big, out-of-state trucking firms that do business at the port.
“What do they consider a trucking job?” he said. “That’s the thing.”

Only a few of the trucking companies that work out of the port are based in Mississippi.Colonial Freight Systems, a Gulfport company, has 25 to 30 drivers who serve the port. “That’s our bread and butter,” said Colonial agent Susan McBride. She said eight of her drivers live in one of the six Coastal counties, and the others are scattered along the route.Fayard Fast Freight, also based in Gulfport, has 10 to 15 drivers who work locally, including at the port, transportation director Jerry Talton said.

He said two to three drivers a day usually work a full day at the port, depending on whether a ship is docked.If the port plans to count hundreds of truck-driving jobs as part of the total jobs its expanded West Pier will create, there could be a problem.According to HUD, out-of-state truckers would not meet the economic-benefit requirements, tied to the federal funding, for job creation on the Coast.

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Suspected drunk driver in Boston sprays cologne in his mouth after hitting dump truck

Boston Police officers arrested a North Attleboro man in Dorchester Saturday night on drunk driving charges, after the man sprayed cologne into his mouth, presumably to cover up the smell of alcohol.

A man driving a gray vehicle struck a parked Boston Water and Sewer dump truck just before 8:30 p.m. Saturday night near the intersection of Dudley and Belden streets, police said. The truck driver went to the vehicle to get the driver’s information, but the driver fell asleep during the conversation, according to police reports.At one point, the man attempted to drive away, but was unable to leave because of the damage to his car, police said.

The truck driver told officers that he saw the man spray cologne into his mouth, presumably to mask the smell of alcohol. When Boston Police arrived, officers also saw the man spraying cologne on his body, according to a report.Officers said that in addition to bloodshot eyes and a lack of balance, the man’s breath smelled like alcohol. Officers arrested Hoi Ngo, 40, on charges of operating a vehicle under the influence of alcohol.

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MINExpo INTERNATIONAL® 2012 Spotlights World’s Largest Trucks & Equipment

The National Mining Association’s (NMA) quadrennial exposition, MINExpo INTERNATIONAL® 2012 rolls into the Las Vegas Convention Center September 24-26, 2012, featuring fascinating visuals you will see nowhere else. The sheer size and scope of this industry are illustrated by some of the largest trucks and equipment in the world on the showroom floor. This equipment is so oversized that it must be shipped in pieces and assembled on-site weeks in advance.The Caterpillar Electro-motive Diesel (EMD) SD70ACE Locomotive — The first heavy haul locomotive to be displayed at MINExpo is designed specially to bring minerals to market. It weighs 420,000 pounds, or 210 tons, and is powered by a diesel electric motor that can get more than 600 miles to the gallon.The Liebherr T284 Mining Truck — This massive truck, designed to haul material to processing centers, weighs 261 tons and is over 51 feet tall. The trucks tires alone are over 12 feet tall.

MINExpo is the mining industry’s premier exhibition of equipment, technology and services. Once again, the 2012 show will break its own previous record for size and number of exhibitors. It will cover the entire Las Vegas Convention Center for a total of 860,000 square feet of exhibition space.The show is 42 percent bigger than the 2008 exhibition. Exhibitors will cover 12 halls as well as outdoor space at the Convention Center and, for the first time, the show will extend to the South Halls, where full registration and shuttle service will be available. More than 1,800 exhibitors from the U.S. and 35 countries are expected—a 40 percent increase over the prior show. MINExpo covers the mining industry gamut, from excavating, materials handling and haulage, processing and preparation, drilling, and safety equipment—to computer technologies, replacement parts and engineering, construction, mining, and reclamation services—all in one place.

To maximize time and efficiency at the show, attendees can indicate the products that interest them, and a list of exhibitors that match those interests will be emailed. An expanded online product directory will also be available, as well as a new mobile app. Pavilions from Australia, Canada, Chile, China and Germany are scheduled and information on joining delegations from from Australia, Brazil, Canada, Chile, China, Colombia, Czech Republic, Honduras, India, Mexico, Mongolia, Nigeria, Pakistan, Peru, Philippines, Russia, Saudi Arabia, Slovak Republic, Sweden and Ukraine is available at www.minexpo.org. The International Business Center, an escalator ride above the main entrance to the show, will provide translators, private meeting rooms, a lounge area and a complimentary copy of MINExpo INTERNATIONAL® 2012 Export Assistance Directory. The U.S. Department of Commerce will also have trade experts on hand to answer trade-related questions and to assist with exhibitor contacts.

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Family of sunbather killed by Parks truck seek $750K from city

The estate and parents of a sunbather who died after being run over by a city Parks truck in May have filed claims against the city and city employees totaling $750,000.The claims by the estate of the victim, Karen Remington, and her parents, Ron and Rose Remington, are a precursor to a lawsuit, and each represents the maximum $250,000 under state law that can be sought against a municipality or employees from an incident involving a motor vehicle.The claims, dated Aug. 28, name the city, Parks Director Kevin Briski, the driver and two others in the truck that struck Remington, and the direct supervisor of those in the truck.The city has 120 days to accept the claims, negotiate a settlement or deny them. If the city denies the claims, the Remington’s have six months to file a lawsuit, said attorney Erik Monson, who is representing the estate and family.

Monson declined comment on specifics due to possible litigation.City Attorney Michael May could not be reached for comment Thursday.
Madison police are still investigating the incident, spokesman Joel DeSpain said. The Parks Division is awaiting the police investigation to complete an internal review to see if safety protocols need revision, spokeswoman Laura Whitmore said.Karen Remington, 38, of Windsor, was run over by the truck around noon on May 23 while she was sunbathing at James Madison Park on the south shore of Lake Mendota.Remington spent nine days at UW Hospital and expressed fear to family she would die, be paralyzed or be unable to have children. She died on June 1 as the result of a complication of two surgeries made necessary by the accident.

Remington was lying face down sunbathing along with many others sunbathing or napping in the grass at the parkThe city truck was parked on the east side of the park, and around noon three employees who had been working there used it to drive to the other side of the park to eat lunch in a parking lot.Rather than walk or use Gorham Street, the road near the park, the employees drove the truck across the grass where people were sunbathing, napping, eating lunch or playing. No one got out of the truck or walked ahead to ensure the path was clear.The driver, Kelsey Johnson, never got training in the safe handling, control or operation of a large dump truck. Ashley Marshall was a passenger and William Simmons rode in the bed.

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10 regulatory wish list by readers

Michigan-based company driver Valerie Weise is the woman behind TruckerPetition.org, which among other things seeks to direct Congress to consider a “driver sovereignty” bill, giving truckers the same protections in their cabs that they would get in their place of residence.

Weise responded to news of FMCSA’s desire to conduct more effective public outreach with their regulatory review procedures with this top 10 list for the agency to consider. The Motor Carrier Safety Advisory Committee was tasked in August with providing guidance on regulatory review to FMCSA, which will be finalized at their meeting in December in Alexandria, Va.

“There needs to be a return to common sense and American rights in truck regulation,” says Weise. “DOT/FMCSA have too much power. They exist only to make up rules for us, [many of which] are frivolous and petty. The whole thing is more about generating revenue than real safety. We’re not respected as American citizens anymore, it’s like we’re unruly children who need to be minded. We shouldn’t need a bunch of laws to tell us to be safe. We should learn that going in.”

Weise’s top 10

CSA needs to go. There is already a points system on our CDLs. CSA serves only insurance companies and driver mills.

Hands-free law should be flexible: there are already laws against driving erratically. This is an educational issue, not a legal one. Hours of service need to be more flexible.
Keep most existing vehicle codes but do inspections at designated weigh stations, not on the roadside where it’s dangerous.

It is not necessary to drug test (demoralize) a driver if there is an accident that’s not the driver’s fault.Closed weigh stations should allow parking. More ramp parking in general would help with fatigued driving.

Dis-allow speed/engine governors. They are unsafe. Even in Ontario, Canada, where all trucks must be governed, a judge recently ruled that the practice is unsafe and violates the trucker’s right to personal safety.

Make a prerequisite to entering CDL school — a year’s paid driving driving experience such as pizza delivery, taxicab or newspaper route, where they must drive in all weather.

FMSCA should stand against many anti-idling laws — if the driver doesn’t sleep well he can be fatigued.

FMCSA should encourage states to review their split-speed-limit policies as interfering with interstate commerce when there is no clear safety reason for the split or lower speed limit. The lost time adds up over days, weeks, and years to a lot of lost productivity. But the states make a lot of ticket revenue with the current policies.

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Be Forewarned; New Independents

Many leased owner-operators who’ve noticed the post-recession demand in trucking are no doubt looking to get their own operating authority so they can keep a bigger share of the revenue they generate.

That can be a great move for many truck owners. It’s also one fraught with miles of red tape. The required planning and financial management skills are considerably more than what it takes to run a leased operation, which is no cakewalk.

Now the Federal Motor Carrier Safety Administration has added another wrinkle: new entrant regulations that took effect July 20. Frisco, Texas, regulatory consultant Leon Feazell reviewed those regs during a seminar at The Great American Trucking Show in Dallas in August.

The biggest challenge is the new entrant audit. If FMCSA finds any deficiency, the entrant has only 15 days to submit a plan of correction, not up to 60 days, as used to be allowed. “If they don’t respond in 15 days, they’re put out of business,” Feazell says.

Part 385 of the Federal Motor Carrier Safety Regulations lists 16 items for the audit, such as having a drug program, hours compliance, etc. Failing one starts the 15-day clock, Feazell says. With that much at stake, he recommends deficient new entrants use registered mail and keep copies of all correspondence.

Once you’ve passed the new entrant audit, congratulations – but don’t let your guard down. While the Compliance, Safety, Accountability program has not increased fine amounts, it has drawn more attention to violations, and they can really add up.

Feazell noted one carrier charged with about six violations, typical things like a driver without a valid medical certificate and driving after 14 hours. The total hit: $23,830. A midsize fleet could swallow this, but this carrier had only four drivers. When FMCSA weighs the amount of fines relative to the scale of your operation, he said, “They’re not interested in whether you’re making money or not.”

The best way to avoid an audit is to avoid accidents and complaints and keep your CSA record as unblemished as possible, Feazell says. That can be an unending hassle, but it’s less painful than the alternative.

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FMCSA registrant DOT numbers

If you’re a leased owner-operator and manage your own base plates, your registrant-only DOT number will expire in mid-October as the Federal Motor Carrier Safety Administration attempts to plug yet another data-quality hole in the inspection and crash information well that the Compliance, Safety, Accountability safety ranking system is based upon. Senior agency officials Thursday presented plans for eliminating so-called “Registrant-only” DOT numbers from state-federal collaborative efforts in registration procedures for truck equipment.

The practice for valid registrant-only companies – rental and leasing companies as well as leased owner-operators – to be issued such a number during the vehicle registration process was eliminated on September 1, and the registrant-only option on MCS-150 filing forms was removed September 15. Remaining active registrant-only DOT numbers are scheduled to be automatically removed on October 13.

The existence of these numbers had contributed to poor data quality in the Motor Carrier Management and Information System database, where inspectors somewhat regularly erroneously filed violations under carriers’ or equipment-providers’ registrant-only numbers rather than the correct operating authority. This allowed those violations to be left out of the CSA metric and the associated motor carrier to “evade enforcement,” FMCSA said, by flying under the agency’s radar.

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Trucking company development draws criticism

The Port Huron City Council heard an update from the Economic Development Alliance of St. Clair County on Sept. 10.

Dan Casey, executive director of the alliance, gave a presentation to the council on the group’s progress in 2012. While Casey had some positive news to deliver, one project that the EDA has had a hand in drew criticism from area residents and a council member.

During the presentation, Casey referred to the development of a company called Stafford Trucking and their selection of a piece of property located in a residential neighborhood in Port Huron Township. According to Casey, the business would operate semi trucks used to haul garbage and the trucks would be cleaned and stored at the location.

Councilmember Alan Lewandowski was adamant in his displeasure with the council as he asked Casey a series of questions about the business development.

Did you ever once try to talk them out of putting 175 garbage trucks in a residential neighborhood?” Lewandowski said.

Lewandowski pressed Casey on other aspects of the project, including whose trash would be hauled inside these trucks. Casey told the council that a majority of the trash would be Canadian.

City resident Sharon Bender also spoke out against the project during the public audience segment of the meeting, stating she felt the public should have been notified about such a company moving into a residential neighborhood.

“I am very concerned about the environmental impact of the cleaning process of the trucks and this issue should have been made public so people could comment on it,” Bender said. “Out of courtesy, the township should have notified the city and the people that it affects. I am appalled at this situation.”

Casey also discussed other aspects of the EDA’s focus, like business retention and attraction. According to Casey, the EDA currently has 15 active prospects in attracting business and if all 15 of those prospects became commitments, it would lead to the potential creation of approximately 1,252 jobs and over $736 million in potential investment to the city. Dealing with business retention, the EDA has met with 79 St. Clair County businesses this year, with 24 of those businesses located within the city of Port Huron. Casey said the group’s goal is to meet with 120 businesses by the end of December. The EDA has also assisted 49 small-business clients this year with the creation of one entrepreneurial job.

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