Ask The Trucker

Raising the Standards of the Trucking Industry


Information and Resource Hub now available for Trucking

May
17,
2015
1
Trucking Social Media

TruckingSocialMedia
Trucking Hub for Information and Resources

We are at an age of information overload, we’ve been there for awhile, and it’s getting even greater.  With that said, is it really overload or is it information disorder, leading to confusion? Let’s face it, we can pretty much ask Google ( or other search engine) ANYTHING we want and find an answer. With the click of a mouse, you can search a word or phrase on the internet, and then within seconds, a list of 100+ results and options pop up! Now what?
It’s still up to us to determine the authenticity and credibility of that information, similar to sifting through the sand for the golden nuggets.

Resources on the web include: newspapers, magazines, journals, blogs, organizations, websites, government sites, forum sites and more. Another popular source for information are social media platforms such as FaceBook, Twitter, LinkedIn, Google + , Pinterest, and so many others.

The trucking industry is no different, the information available to us is a tremendous asset.  Along with journals and informational websites, including the option to have up to date news sent directly to your email, there are the increasingly popular Social Media websites sprouting.

Because of the internet and technology, no longer are professional truck drivers isolated as they drive, the only communication being their CB radio.
Facebook, Twitter, Google+ and other social media sites and interactive information site have created a window of opportunity to share information and become interactive to people they would have never been heard from before.

To sum it up, the ability to obtain information and communicate has reached new levels.  Along with that, there is the ability to share information to thousands in an instant “Click”.
To put it simply, the once isolated and voiceless now have  the ability to locate many informative destinations as well as be heard and to share their own vital messages.

But now the question is, ” how do you keep up with it all?”

To aid with that dilemma, Trucking Social Media (TSM) has created a central Hub in attempts to help organize many of the resources available today.

Since the launch of the Trucking Social Media Convention in 2011, it has been our goal to unite with like minded people, sharing our info along with that of others throughout the industry, sharing all knowledge, experiences, and finally our voices.

The Trucking Social Media website is an extension of that original vision and goal.  As we combine the technology,  the internet, and mobile communication, our latest goal is to create a trusted Hub of quality resources and information.

The Resource Page: Informative websites, Social Media Groups, Government Agencies, Blogs, Charities, Advocacy, Health, Cooking, Associations, Directories, etc…  is collected and updated on the website by TSM as well as submitted by those within the industry who would like to offer their resource suggestions and be a part of a trusted community. This vital info can then be shared via Social Media, reaching multitudes of others.

Videos are also a large part of the website as the trucking community shares their voice by sending in their Video URL, such as from YouTube.

Partners Page Our partners are an essential part of the Trucking Social Media Hub.
Our Partners continue to display their commitment toward honesty and integrity by offering the highest quality info, products and services.

SlideShare VIDEO for Truth About Trucking, LLC network

To Learn more about Trucking Social Media and how you can be a part of a trusted community of information, products, and resources, please watch the VIDEO below.
http://truckingsocialmedia.com/620/
contact info- info@truthabouttrucking.com
352-465-7476

Allen Smith shares the purpose and goals for Trucking Social Media

VIDEO LINK Allen Smith shares the purpose and goals for Trucking Social Media

Technorati Tags: , , , , ,

Dispatch Services: Legit, Misguided or Fraudulent?

May
6,
2015
0

The Federal Motor Carrier Safety Administration (“FMCSA”) recently issued a decision in the matter of an application (Docket Number: FMCSA-2013-0513) for a categorical exemption from the minimum property broker and surface freight forwarder financial security requirements imposed by the Moving Ahead for Progress in the 21st Century Act (“MAP-21”) passed by congress and signed into law by the president in 2012 (P.L. 112-141), which was filed by the Association of Independent Property Brokers & Agents (“AIPBA”), a trade group founded and operated by the author since 2010.

In that decision, in which FMCSA denied AIPBA’s requested blanket exemption, the agency acknowledged that more than 9,000 intermediary businesses spontaneously shut down in December of 2013 when the new $75,000 minimum property broker bond requirement went into effect under amended 49 U.S.C. §13906(b) and was enforced by the agency after a two month grace period.

While some of these brokers gave up their brokerage businesses to join bigger brokerages as agents as part of a concerted effort by some larger brokerages to “consolidate” the freight brokerage industry,
(http://www.dcvelocity.com/articles/20110109thebigbetofbradjacobs/), others have continued to operate without any license or bond with impunity as third-party intermediaries arranging for motor carrier transportation, calling themselves “dispatchers” and “dispatch services” instead of brokers and holding themselves out to the public through social media.

“Property brokers” that operate in interstate commerce are required to be registered under 49 U.S.C. § 13904. Proper registration results in in the issuance of a “license” by FMCSA upon compliance with the financial security requirements prescribed by regulation (49 CFR 387).

“Property broker” is defined by Federal regulation in 49 CFR 371.2(a): “Broker means a person who, for compensation, arranges, or offers to arrange, the transportation of property by an authorized motor carrier.”

However, under said rule, there is an exception: “Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this section when they arrange or offer to arrange the transportation of shipments which they are authorized to transport and which they have accepted and legally bound themselves to transport.” That is, an entity is not a broker if it is a “bona fide agent” of a carrier as defined under 49 CFR 371.2(b) as: “…persons who are part of the normal organization of a motor carrier and perform duties under the carrier’s directions pursuant to a preexisting agreement which provides for a continuing relationship, precluding the exercise of discretion on the part of the agent in allocating traffic between the carrier and others.”

Regardless of whether an intermediary works for a shipper or carrier and regardless of whether it touches the shipper’s money, an intermediary is a broker if it is paid by any party in the equation to arrange transportation as per 49 CFR 371.2(c): “Brokerage or brokerage service is the arranging of transportation or the physical movement of a motor vehicle or of property. It can be performed on behalf of a motor carrier, consignor, or consignee.” The term “dispatching” is covered within the official FMCSA definition of “motor carrier” at 49 CFR 390.5:

“Motor carrier means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers…” Most of these entities operating as dispatch services “dispatch” for more than one carrier under a power of attorney, which declares the dispatcher an agent of the carrier.

Therein lies the problem… Under the theory of “agency”*, it would appear an intermediary cannot be a nonexclusive agent of multiple competing carriers because this violates its “fiduciary duty of agent to principal;” that is, it would appear that an intermediary can’t lawfully help two competing carriers and call itself an agent of both of them as this problem of performing its fiduciary duty comes up when it chooses to load one of its carriers over the other. Contracted brokers don’t have this level of fiduciary responsibility.

In order to be a “bona fide agent,” then, the “agent” must be an exclusive agent for just one carrier. An intermediary calling itself a “dispatch service” when it services multiple carriers instead of a “broker” is like a legal professional saying he is not an “attorney” but a “lawyer” as he then attempts to practice law without being duly admitted to the bar. Shakespeare would say: “A rose by any other name would smell as sweet.

” This matter was settled by the Interstate Commerce Commission (ICC) years ago… In “Practices of Property Brokers” (49 M.C.C. 277, 295-303 (1949)) the ICC considered the distinction between agents of carriers and brokers and concluded that one who is in a position to allocate shipments between competing principals is a broker, who requires a license; an agent who devotes his service exclusively to a single carrier is part of that carrier’s organization and does not require a license.

Many third-party “dispatchers” charge motor carriers a 6% minimum fee but get the loads from brokers who are taking at least 12%. From a business standpoint, inserting a second middle man into the equation can therefore be said to adversely affect carriers’ bottom line. However, from a legal standpoint, these motor carriers need to recognize that “dispatchers” are not licensed under 49 U.S.C. § 13904 and are therefore not bonded by law for carriers’ protection; only licensed property brokers and freight forwarders are.

So, letting a “dispatcher” handle their money in place of a duly licensed broker clearly creates significant risk exposure for carriers. Legal practitioners should therefore warn their motor carrier clients of this pitfall and determine if the mere use of an unlicensed dispatcher by their motor carrier clients could in and of itself entail liability for aiding and abetting unlicensed operations under 49 CFR 390.13.

When it comes to “dispatch services,” the law is clear: it is not what an intermediary calls itself that defines whether it is a broker or not, it is what the intermediary does. Therefore, notwithstanding being a “bona fide agent” of one motor carrier, if an intermediary is an entity that receives compensation in exchange for arranging motor carrier transportation of regulated commodities across state lines, then it is an interstate property broker no matter what its chooses to call itself.

Unlawful brokers that call themselves “dispatchers” unfairly compete with duly-licensed brokers by circumventing the broker licensing and bond requirements. They can operate at less of a cost than law-abiding brokers who pay up to $10,000/year for a $75,000 surety bond or trust fund instrument.

Perhaps it is time for the relevant trade groups to crack down on these unlicensed players through the private cause of action provision established by MAP-21 to challenge the unlicensed dispatcher model in Federal court.

* According to Black’s Law Dictionary, “Agency” is “a relation, created either by express or implied contract or by law, whereby one party (called the principal or constituent) delegates the transaction of some lawful business or the authority to do certain acts for him or in relation to his rights or property, with more or less discretionary power, to another person (called the agent, attorney, proxy, or delegate) who undertakes to manage the affair and render him an account thereof.”

James P. Lamb is a non-attorney transportation practitioner duly admitted to practice before the U.S. Surface Transportation Board and Federal Maritime Commission. He is president of the Association of Independent Property Brokers & Agents (AIPBA) and chairman of the broader Small Business in Transportation Coalition (SBTC). He is based in Fort Lauderdale, Florida.

Technorati Tags: , , , , , , , , ,

Significant increase in truck crashes post July 1, 2013 HOS rule change

Apr
29,
2015
1

Recent study results from ATRI has confirmed what many professional drivers have been adamantly saying, ” 2013 HOS restart provisions have compromised truck safety”
Although there are many issues that drivers and carriers may not agree upon, the Hours-of-Service (HOS) rule change of July 2013 is not one of them.

 

ATRI- The American Transportation Research Institute

ATRI-
The American Transportation Research Institute

FOR IMMEDIATE RELEASE

Contact:  Dan Murray  

(651) 641-6162

April 29, 2015

 

 

 

Arlington, VA – The American Transportation Research Institute (ATRI) today released the results of a new analysis of the safety and operational impacts from the 34-hour restart provisions.  In this latest of an ongoing series of Research Tech Memos, ATRI analyzed an extensive truck GPS database to identify changes in truck travel by time-of-day and day of the week that may have occurred after the July 1, 2013 change to the Hours-of-Service (HOS) restart provisions.  ATRI also examined several years or pre- and post-July 1 federal truck crash data to quantify safety impacts resulting from the HOS rules change implemented by the Federal Motor Carrier Safety Administration.

The truck GPS data analysis identified a shift of truck traffic from nighttime to daytime and a shift of truck traffic away from the weekends to more congested weekdays, with the biggest decreases in truck activity occurring on Sunday nights.

The crash data analysis showed a statistically significant increase in truck crashes after the July 1, 2013 rule change, specifically with injury and towaway crashes.  In particular, the increase in injury and towaway crashes would be expected based on the shifting of trucks to more congested weekday travel due to increased traffic exposure.

The crash increases and operational shifts would ostensibly be independent of overall economic improvement since the statistical tool utilizes percentage change, and tonnage growth percentages over the 2-year period were relatively constant.  In addition, truck unit position points are a better indicator of physical truck movements than freight volumes.

ATRI’s report features some possible explanations for the GPS and crash data findings as a result of operational changes the industry had to make post-July 1, 2013.  Among these are:

  • Drivers abandoning use of the more restrictive 34-hour restart in favor of the rolling recap.
  • Expanded use of weekend productivity by drivers, particularly Friday into early Saturday driving.
  • Earlier weekend dispatches for drivers to avoid disruptions to early week (Monday-Tuesday) operations.

“After many years of crash decreases, everyone knows our industry has experienced an uptick in crashes,” said Dean Newell, Vice President, Safety of Maverick USA, Inc. and a member of ATRI’s Research Advisory Committee.  “This latest analysis from ATRI validates both changes in operations and crash risk that seem to be associated with the restart rule.  Regulations should serve to improve safety, not create additional safety risks.”

ATRI is the trucking industry’s 501(c)(3) not-for-profit research organization.  It is

engaged in critical research relating to freight transportation’s essential role in maintaining a safe, secure and efficient transportation system.

Technorati Tags: , , , , , ,

TruckerToTrucker.com Launches Scholarship Resource -Over 18k in Annual Awards

Apr
26,
2015
0
TruckerToTrucker.com today launches a scholarship resource to inform transportation workers and their families about the scholarship opportunities available in this industry

TruckerToTrucker.com today launches a scholarship resource to inform transportation workers and their families about the scholarship opportunities available in this industry

 

 

 

 

Culver, IN, April 25, 2015 –(PR.com)-– TruckerToTrucker.com today launches a scholarship resource to inform transportation workers and their families about the scholarship opportunities available in this industry.

There are eight different scholarship programs totaling $18,000+ in annual award opportunities on the Trucker to Trucker resource page with more to be added in the coming months. Awards can be used to pay for college and graduate school, as well as commercial truck driving schools.

The scholarship resource consolidates various programs and grants offered by companies, non-profits, and state and national transportation organizations across the US to provide a single source of information for trucking and transportation industry specific scholarship opportunities.

“There are dozens of generous scholarships available to the members of our industry and their families, but few people know about them,” said Jimmy Steele, communications coordinator for TruckerToTrucker.com. “We wanted to make it easy for people to find a program that will help make their education more affordable.”

Each program has unique requirements and eligibility guidelines. The resource page is located at http://www.truckertotrucker.com/trucking-scholarship-resource.cfm, and provides links to the full details of each scholarship to help students find current information on the awards.

“In 2013, we started to offer a scholarship for students to attend a commercial driving program. Even after reaching out to schools and organizations to spread the word, it was almost impossible to give the money away,” said Steele. “After talking with other groups who had the same issue, we realized that the industry needed a single resource that students can visit to understand all their opportunities.”

Announcement can be found here

TruckerToTrucker.com offers two types of award each year. A $1000 college scholarship for the children or grandchildren of those working in the transportation industry. And, a $500 truck driving school scholarship for those who wish to start a career as a professional driver.

About Trucker to Trucker:

TruckertoTrucker.com launched in 2003 with the purpose of making it easy for owner operators, dealers, and fleet owners to sell their commercial trucks, trailers, and equipment online. With thousands of daily visitors, TruckertoTrucker.com has become a leading online marketplace for all brands of trucks and trailers. Trucker to Trucker also provides digital marketing services like website design, promotion, and inventory management for dealers and other high volume sellers. For more information, visit http://www.truckertotrucker.com

Contact Information
Trucker To Trucker
Jim McCormack
800-240-5811

Contact
www.truckertotrucker.com

Technorati Tags: , , , , ,

Freedom Drivers Project Impacts Human Trafficking Crisis

Apr
23,
2015
0
Freedom Drivers Project

Freedom Drivers Project

With yesterday’s passing of bill S. 178, known as The Justice for Victims of Human Trafficking Act of 2015, American society has taken one step closer to fighting such atrocities against humanity.

Unanimously passing in the Senate by a vote of 99-0, the bill focuses on providing justice for the victims of trafficking as well as additional support in combating the illegal trade.

Based out of Englewood, Colorado, Truckers Against Trafficking continues their drive to educate, inform, train and bring help and solutions to combat domestic human trafficking. With their first-of-its-king mobile exhibit, The Freedom Drivers Project travels the country providing an inside look into human trafficking by offering educational information for trucking professionals and the general public as well.

Beginning as an initiative of Chapter 61 Ministries in 2009 and officially becoming a 501(c)3 organization in 2011, Truckers Against Trafficking (TAT) continues to have an impact on the atrociousness of human trafficking. Most recently, Conway Truckload driver, Kevin Kimmel “made the call” which led to the rescue of a young lady who had been kidnapped out of Iowa. Mr. Kimmel was recognized on April 3, 2015 when Truckers Against Trafficking presented the driver with their 2015 Harriet Tubman Award.

Additionally on yesterday, the same day of the passing of bill S. 178, Truckers Against Trafficking received the Suzanne McDaniel Memorial Award for Public Awareness as part of the annual Congressional Victims’ Rights Caucus Awards at the Rayburn House Office Building in Washington, D. C.

TAT was chosen for the award by U. S. Representative Ted Poe (R, TX). Bill Brady, an 18-year veteran over-the-road truck driver for Lodestar, accepted the award on behalf of TAT. A dedicated trucker against trafficking, Brady has been working with TAT since 2012, speaking at schools and colleges, working trucking shows for TAT and often driving the Freedom Drivers Project to various locations around the country.

Kylla Lanier

Kylla Lanier

Kylla Lanier, Deputy Director of Truckers Against Trafficking joined us as our special guest on Ask The Trucker “LIVE”  on Saturday, April 25.

Mrs. Lanier discussed the continual efforts of Truckers Against Trafficking, more on The Freedom Drivers Project and shared the successful stories of professional truckers who are “making the call” and saving lives, plus much more.

Technorati Tags: , , , , , , , , , , , , ,

Pride and Polish Truck Show adds “Everyday Truck Drivers” Category

Apr
14,
2015
0
75 chrome shop

17th Annual 75 chrome shop Truck Show will be a three-day event scheduled for April 24-26th, 2015

Many truckers are familiar with the 75 Chrome Shop located in Wildwood, Florida. Established in 1990, the shop has grown into much more than the name implies.

Their 17th Annual Truck Show will be a three-day event scheduled for April 24-26th, 2015.

In 2014, the event displayed over sixty show trucks with over 4,000 spectators while offering food and entertainment which includes a spectacular light show as well as a Bounce House and Games for kids.

For this year’s Pride & Polish Truck Show, they have added a new category, “Everyday Truck Drivers” which offers non-chrome truck show contestants the opportunity to participate by “showing off” their trucks in an “exterior judging” only competition: “Wash and Show.”

The 75 Chrome Shop is located just west on State Road 44 off of I-75 at exit 329.
Donna and I will be enjoying the event this year and hope to see you there.

Read more about OverDrive’s  25 years of Pride & Polish

Technorati Tags: , , , , , , ,

Truck Driver Kevin Kimmel Received 2015 Harriet Tubman Award from Truckers Against Trafficking

Apr
10,
2015
1
Con-way Truckload driver Kevin Kimmel from Tavares, Florida has been named the 2015 Harriet Tubman award winner by Truckers Against Trafficking (TAT)

Con-way Truckload driver Kevin Kimmel from Tavares, Florida has been named the 2015 Harriet Tubman award winner by Truckers Against Trafficking (TAT) SOURCE Truckers Against Trafficking

 

Kevin Kimmel received the Harriet Tubman Award from Truckers Against Trafficking at a ceremony on April 3rd.  He also has been announced as a TCA Highway Angel.

Below is the Truckers Against Trafficking (TAT) press release. Kylla Lanier, deputy director for Truckers Against Trafficking , will be our guest on AskTheTrucker “Live’ on April 25th 6PM ET on Blog Talk Radio. Kylla will be  sharing the outstanding accomplishments of TAT and the heroic actions of our nations drivers, who have saved so many innocent lives from the atrocities of human trafficking.


Truck Driver Kevin Kimmel to Receive 2015 Harriet Tubman Award from Truckers Against Trafficking

TAVARES, Fla., April 3, 2015 /PRNewswire/ — Con-way Truckload driver Kevin Kimmel from Tavares, Florida has been named the 2015 Harriet Tubman award winner by Truckers Against Trafficking (TAT) for his actions which saved a woman from torture and modern-day slavery.

The award, which carries with it a $2,500 check, is named in honor of famed abolitionist Harriet Tubman, whose courageous personal actions resulted in the transportation of 300 slaves to freedom through the Underground Railroad and whose overall role in the freedom movement was instrumental in the freeing of thousands more. Born into slavery in 1820, Miss Tubman was the first African American woman buried with full military honors and the first to have the inaugural Liberty ship named after her – the SS Harriet Tubman – by the US Maritime Commission.

“Because of Harriet Tubman’s connection to transportation through the Underground Railroad and her heroic work to free thousands of slaves, TAT believes she epitomizes the symbol of freedom a trucking anti-trafficking award represents,” said Kendis Paris, TAT executive director.  “And we’re proud to say that Con-way Truckload partners with TAT in the training of their employees with TAT materials. To date, they’ve trained over 1500 of their employees. Driver Kevin Kimmel’s actions in reporting the suspicious activity he saw while resting at a truck stop is exactly the type of action we want to recognize with the Harriet Tubman award. This award was created to honor a member of the trucking industry each year whose direct actions help save or improve the lives of those enslaved or prevent human trafficking from taking place.”

On the morning of Jan. 6, 2015, Kimmel caught a glimpse of a distraught-looking young girl in the darkened window of an RV which had pulled into the New Kent, Virginia truck stop where Kimmel had stopped for some sleep.

Suddenly, her face was gone, almost as if it had been yanked away by someone.

Kimmel reported later to media that he, “saw a guy come up and knock on the door, then go inside the truck stop, then quickly came back and knocked again, all of the sudden the thing was rocking and rolling.”

He decided things didn’t looked right and called the police. When police responded, they found an Iowa couple in the RV, along with a 20-year-old malnourished and frightened young woman, who said the couple had kidnapped her two weeks earlier in Iowa, had physically and sexually abused her and then forced her into prostitution. The couple was arrested and charged with sex trafficking.

Kimmel, who has daughters and granddaughters, learned the gruesome details of the case through the news. “I’m just happy I helped her,” he said.

Kevin Kimmel received the Harriet Tubman Award from Mark Brown, TAT Board president, and Kylla Lanier, TAT deputy director, at a special ceremony at Con-way Truckload's headquarters in Joplin, Missouri on the morning of April 3. SOURCE Truckers Against Trafficking

Kevin Kimmel received the Harriet Tubman Award from Mark Brown, TAT Board president, and Kylla Lanier, TAT deputy director, at a special ceremony at Con-way Truckload’s headquarters in Joplin, Missouri on the morning of April 3.
SOURCE Truckers Against Trafficking

Kimmel will receive the Harriet Tubman Award and the check from Mark Brown, TAT Board president, and Kylla Lanier, TAT deputy director, at a special ceremony at Con-way Truckload’s headquarters in Joplin, Missouri on the morning of April 3. At that same ceremony, he will be awarded the Truckload Carrier Association’s Highway Angel Award

 

 

For more information on TAT’s Harriet Tubman Award, go to

Truckers Against Trafficking

Truckers Against Trafficking

Truckers Against Trafficking is a 501c3 organization whose mission is to educate, equip, empower and mobilize members of the trucking industry to fight human trafficking as part of their everyday jobs.

www.truckersagainsttrafficking.org

SOURCE Truckers Against Trafficking

Kevin Kimmel also received the  TCA Highway Angel Award  read more

 


Technorati Tags: , , , , , , ,

44 year trucking industry veteran makes his case to Congress regarding unfair CSA scores

Apr
8,
2015
2
  • Tom Byerley- 40+ year Owner Operator trucking veteran- Owner of UrTruckBroker.com

    Tom Byerley- 40+ year Owner Operator trucking veteran- Owner of UrTruckBroker.com

    Recently 44 year trucking veteran and 4 million safe miles owner operator “Tom” Byerley, had enough regarding the “unfair and faulty” Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability (CSA) program.

    After decades of driving, Tom elected to become a broker, helping other owner operators receive fair and honest rates, and offering the option of small and personalized service (rather than mega brokers)

    Tom has experienced and empathized greatly with many small carriers as they struggle with misleading and publicly shared CSA scores.
    Tom then felt compelled to write to members of Congress expressing his concerns regarding the controversial methodology and data collection of the FMCSA’s (CSA) program carrier ratings.

    CSA’s goal was suppose to increase highway safety by determining a carrier safety score in attempt to identify unsafe ones. CSA’s ultimate goal for safety was based on their method to target, identify, and then make public these scores. These scores could then be used by insurers, brokers, freight-forwarders and others interested in reviewing registration and safety performance information of motor carriers.”
    The outcome however is far different than that of CSA’s original goals as determined by the GAO report of Feb 2014.

    Their method, ( Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability program) has been in high question ( and scrutiny) as to the accuracy of it’s methodology.

    In Feb of 2014  the Government Accountability Office (GAO) reported that the scoring system used by the Federal Motor Carrier Safety Administration in its Compliance, Safety, Accountability system is flawed and is made up of an incomplete data set. The GAO also concluded the program is particularly unfair for small carriers. It also stated that it would “raise questions about whether the Safety Measurement System (SMS) is effectively identifying carriers at highest risk for crashing in the future,”

    Recently in March,  The House introduced a bill targeting the Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountabilityprogram and would, if it becomes law, force FMCSA to remove its carrier rankings from public view and restructure the program. The Safer Trucks and Buses Act of 2015, is similar to a bill introduced in the previous Congress, again introduced by Rep. Lou Barletta (R-Pa.).

     LETTER to CONGRESS by Tom Byerley

    “My name is Carl (Tom) Byerley. By way of back ground, I operate a transportation business called Urtruckbroker.com. I am also a member of the broker trade group Association of Independent Property Brokers & Agents’ (AIPBA) Board of Directors and a serve on the broader industry trade group Small Business in Transportation Coalition’s (SBTC) Advisory Council.

    The APBA & SBTC has been gathering data from trucking companies on their use of the Federal Motor Carrier Safety Administration’s (FMCSA) Compliance, Safety and Accountability (CSA) program ratings and we are examining how CSA has affected their driver hiring and termination practices. I believe that this information might be helpful to you in your bill to remove CSA data from public view and we offer it in furtherance thereof. I would also suggest that you please consider incorporating into your bill an additional, specific restriction in the language of your bill that prohibits FMCSA’s from making CSA information available to motor carriers’ insurance companies.

    We are looking at supporting a bill and/or commencing litigation that would cause the FMCSA to change the current appeal process used (DataQ). The way the system currently works in reality, a driver receives points against the company’s CSA — SMS statistics in addition to the points he gets with respect to any violations found in relation to the original reason for the vehicle stop (i.e. if the officer states he stopped the driver for speeding in a construction zone and decides not to issue a citation for speeding, the driver still gets CSA-related points that could ultimately put him out of a job and/or prevent him from getting another job. In essence, the driver gets convicted without due process and gets no opportunity to defend himself against what should be a mere allegation of a violation. We believe this is a violation of drivers’ Constitutional rights.

    We would be very interested in your views on this and other issues concerning the FMCSA’s CSA program.

    As a courtesy, I offer the enclosed copy of my individual company’s Carrier CSA report as a further example for your review.

    Thank you for your consideration.

    Sincerely,

    C. Tom Byerley, Urtruckbroker.com

    AIPBA Board Member SBTC Advisory Council

    ******************************************************************

    Tom asks those who are reading this to feel free in writing him to discuss how FMCSA’s CSA and SMS has affected them and to share your thoughts and ideas.

    email Tom Byerley at
    tom@urtruckbroker.com

    *****************************************
    Tom will also be calling in on AskTheTrucker ‘Live’  during one of our OPEN FORUM shows. ”
    Show Link: Open Trucking Forum- Addressing FMCSA shortcomings

    Saturday April 11 2015 6PM ET 
    Join in the conversation!  347-826-9170
    Listen from your computer OR dial in to listen
    To be a part of the show- press “1” on your keypad after dialing in

     

     

     

     


     

 

FMCSA Denies AIPBA’s Request for Property Broker Bond Exemption

Mar
31,
2015
1

 

Association of Independent Property Brokers & Agents

Association of Independent Property Brokers & Agents

FMCSA Denies AIPBA’s Request for Property Broker Bond Exemption in Wake of Nearly 10,000 Businesses Being Forced Out-of-Business; Two Federal Lawsuits Now Move Forward

The Association of Independent Property Brokers & Agents (“AIPBA”) announced today that the Federal Motor Carrier Safety Administration (“FMCSA”), an agency of the United States Department of Transportation, has denied its application for a categorical exemption from the minimum $75,000 property broker and freight forwarder bond requirement that recently was raised from $10,000 and caused nearly 10,000 small surface transportation intermediary businesses to go out of business.
AIPBA can now move forward with two lawsuits previously filed in Georgia (“Association of Independent Property Brokers and Agents, Inc. v. Foxx, No. 13-15238-D (Atlanta, GA 11th Cir.)” and Florida (“Association of Independent Property Brokers and Agents, Inc. v. Foxx et al, No. 5:15-cv-00038-JSM-PRL (M.D. FL.)”.

*****************************************************

Fort Lauderdale, Florida (PRWEB) March 31, 2015

The United States Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced via in the “Federal Register” on March 30th, 2015 that it has denied the Association of Independent Property Brokers & Agents’ (“AIPBA”), a freight broker trade group, August 2013 application for a categorical property broker and freight forwarder bond exemption  See AIPBA Exemption Letter

The decision was opened for “public inspection” on March 30, 2015 online at:

Under Federal Law (49 USC 13906), a minimum $75,000 bond has been required of property brokers and freight forwarders in order to receive and maintain a federal business license since October 1, 2013.

AIPBA issued a statement in response to the FMCSA’s decision:

“The AIPBA is very disappointed in FMCSA, in this instance. We disagree with FMCSA’s long-awaited decision on this application, and find it totally devoid of sensitivity toward the nearly 10,000 small business intermediaries, especially members of the minority brokerage community, that were revoked in the first two weeks of December of 2013 and the anti-competitive obstacles to entry currently in place due to a bond obviously set too high for over 40% of the property brokerage industry to handle,” AIPBA President James Lamb said.

Lamb stated that whereas AIPBA offered that over 9,800 intermediaries (8,200 of which were brokers  were revoked in the first two weeks of December 2013 as a direct result of enforcement of a $75,000 minimum bond, FMCSA acknowledged in their decision that 8,962 intermediaries were, indeed, lost during the full month of December 2013, the difference representing a relatively small amount of intermediaries whose licenses were reinstated in the last two weeks of that month, and other new non-small business broker applicants sparked by the 2012 highway bill dubbed “Moving Ahead for Progress in the 21st Century Act of 2012 (“MAP-21”)

Lamb noted that while FMCSA points in its decision to a small increase over the year that followed, Lamb believes it neglects to acknowledge that a significant part of that increase is due to the fact that MAP-21 reinforced the need for large carriers to obtain broker licenses when they arrange transportation (formerly asserted to be unregulated as a matter of “interlining”) when the carrier does not take possession of the property at least at some point in the shipment.

“The current broker census therefore cannot be fairly attributed to a return of these small business brokers that were utterly decimated in December 2013,” Lamb said.

According to the AIPBA website, AIPBA has two lawsuits in motion; one previously filed in Georgia (“Association of Independent Property Brokers and Agents, Inc. v. Foxx, No. 13-15238-D (Atlanta, GA 11th Cir.);” and the other in Florida (“Association of Independent Property Brokers and Agents, Inc. v. Foxx et al, No. 5:15-cv-00038-JSM-PRL (M.D. FL.)” against the FMCSA over the broker bond issue, one of which, is now before the U.S Court of Appeals.

**************************************

Listen TODAY, March 31st @ 3PM ET
FMCSA Broker Bond Decision
AIPBA President James Lamb will be on Sirius XM’S Road Dog Trucking News Channel 146 today at 3PM Eastern talking about the Broker Bond Exemption Application Decision.

Technorati Tags: , , , , , ,

Trucking and the real truth about Obstructive Sleep Apnea

Mar
18,
2015
3
Obstructive Sleep Apnea- Myths and Facts

Obstructive Sleep Apnea- Myths and Facts

 

On Saturday March 21st at 6PM ET AskTheTrucker “Live’ will have one of the most informational shows for one of the most controversial and concerning topics within the trucking industry. Sleep Apnea.

Our guests will include certified DOT medical examiner Dr Randolph Rosarion and Elaine Papp, former Division Chief of the Office of Medical Programs at the Federal Motor Carrier Safety Administration (FMCSA)

Both Dr Rosarion and Elaine Papp are members of the Advisory Council for the North American Trucking Alerts.

 

 

Dr. Randolph Rosarion, MD is a certified medical examiner listed in the US DOT FMCSA National Registry of Certified Medical Examiners and received his medical degree from Stony Brook University School of Medicine. His medical practice, USDOT Medical Examiner is located in College Point, Queens, New York and specializes in Physical Medicine/Rehabilitation and Occupational Medicine. As a recognized leader in the field, he received the Best of Queens Award 2013 for Department of Transportation Commercial Driver License Medical Examinations.

Dr. Randolph Rosarion – certified medical examiner listed in the US DOT FMCSA National Registry of Certified Medical Examiners

ALL your questions answered:
OSA – Obstructive Sleep Apnea

1. Sleep science background

2. Review of sleep disorders including  Obstructive Sleep Apnea (OSA )( prevalence, diagnosis and treatment)

3. Review of AASM practice guidelines and FMCSA MRB/MEP recommendations (polymyography, vs portable monitors) , CPAP, surgery, dental appliances

 

4. BMI. neck size and Co-morbidities , how they factor in evaluation

5. FMCSA guidance over the years to current position

6. The mechanics of sleep apnea and why weight plays a role

7. Why people who aren’t overweight have OSA

9.  Costs for Sleep Apnea-  Testing and Equipment

Elaine Papp spent 7 years as the Division Chief of the Office of Medical Programs at the Federal Motor Carrier Safety Administration (FMCSA), contributing to the relationship between medical conditions, their impact on safe operation of commercial motor vehicles (CMV) and FMCSA regulations/guidance.
Ms. Papp has a broad range of occupational safety and health experience, from private industry to international organizations.
Previously, Elaine worked for the Occupational Safety and Health Administration (OSHA) in several capacities: analyzing legislation and writing Congressional testimony, crafting regulations and compliance assistance materials, participating in on-site enforcement inspections, and conducting presentations on behalf of the Agency.

Elaine Papp- FormerDivision Chief of the Office of Medical Programs at the Federal Motor Carrier Safety Administration (FMCSA)

Elaine Papp- FormerDivision Chief of the Office of Medical Programs at the Federal Motor Carrier Safety Administration (FMCSA)

 

WHAT ARE YOUR DEEPEST Concerns regarding Sleep Apnea?

 Please comment to this post.  We will be taking callers the night of the show, however, we expect lines to be full and we want to ensure that ALL questions are answered.

Obstructive Sleep Apnea – Trucking’s Myths and Facts

Saturday March 21, 2015
6PM ET
Call in to listen, comment or ask questions 347-826-9170
OR Listen from your computer

Check Out Health Podcasts at Blog Talk Radio with Aubrey Allen Smith on BlogTalkRadio

 

Call in to listen, comment or ask questions  347-826-9170
OR
Listen from your computer

 COMMENT  with your questions, thoughts, and concerns to this post

 

Technorati Tags: , , , , ,

To the top