http://blog.freightaccess.com/2010/12/fmcsa-cell-phone-ban-pending-for-truckers-and-freight-carriers/
The Governing Administration is Continuing To Move Forward regarding Controversial Legislation Excluding Use of Cellular Phones When Driving
Washington DC.
Today, Monday December 20, 2010, the united states Department of Transportation proposed a new safety regulation which, as part of its commitment to safety, would likely make an effort to lower distracted driving through reducing use of hand-held mobiles while you are operating a commercial freight rig on interstate roadways. This specific idea has surfaced several times and situations caused by the creation of the Federal Motor Carrier Safety Administration's (FMCSA) Comprehensive Safety Analysis (CSA) 2010 guidelines.
The top of the United States Transportation Authority, Secretary Ray La Hood indicated his support for such restriction. Mr. la Hood thinks that this kind of regulation could significantly help make the roads safer by way of recommending the freight delivery driver maintains their entire focus on the highway and not just on a portable cellular phone. Mr. La Hood emphasizes that whenever a commercial freight driver or owner operator takes his or her's attention off the road, there is a prospect of accidents or fatalities on Our country's Roads.
If this sort of legislation is suggested, the Federal Motor Carrier Safety Administration (FMCSA) could possibly prevent commercial truck drivers, in operation, from operating a cellular phone whilst driving. The Federal Motor Carrier Safety Administration would most likely propose federal civil penalties ranging up to $2,750 for each occurrence and multiple offenders of a cellphone ban might face disqualification of driving privileges. While at present only in the discussion phase, this kind of restriction being considered may move to suspend a driver's CDL after the second violation of any active state restriction with regards to cell phone usage even while operating commercial vehicles.
The significance of this unsafe practice might not be limited to only the driver - offender. Current versions of legislation being considered would probably hold the freight carriers liable for their truckers who use cellular telephones for driving as well. LTL and Truckload Carriers could very well face a maximum penalty of more than $10,000 for each occurrence. This important proposal, if executed, can effect as many as four million interstate commercial drivers.
The Administrator of the Federal Motor Carrier Safety Administration (FMCSA), Anne Ferro is convinced that implementation of this sort of regulation would probably make the streets less dangerous and aim to lessen the impact of the top reason behind inattentive driving. Ms. Ferro explained the FMCSA's commitment to applying all resources to make certain that commercial truckers are operating safely at all times. FMCSA Research demonstrates that operating a cellular phone whilst driving takes a significant amount of attention away from the driver's operation of the vehicle. Truckers who had reached for an object including a mobile phone while driving were more than three times more likely to be involved in an accident or other safety critical incident. The stakes go up more than 600% for drivers who are dialing a telephone during operation of their semi truck. These data are not new to many of the industry's top LTL or Truckload Carriers. Trucking companies such as UPS, Covenant Transport, Wal-Mart and more have enforced company policies and have banned truckers who have engaged in use of phones during driving. These carriers have taken proactive steps in eliminating these unsafe driving habits.
FMCSA research shows that using a hand-held cellphone whilst driving requires a commercial driver to take several risky steps. In particular, commercial truck drivers reaching for an object, this kind of as a cellular telephone, while you are driving are three times more likely to be involved in a crash or other safety-critical event. Drivers dialing a hand-held cell phone during driving increase their risk through six times. Many of the largest carriers, this sort of as UPS, Covenant Transport, and Wal-Mart, already have company policies in place banning their truckers from using hand-held phones. In September 2010, FMCSA issued a regulation banning text messaging during operating a commercial motor vehicle.
Despite the FMCSA being very busy with the role-out of Comprehensive Safety Analysis (CSA 2010) implementation, the Administration is moving forward on this important rule rapidly. The Federal Motor Carrier Safety Administration is providing a 60 day period for the public to reply to the rule making. The comment time period begins after the proposed rule is released in the Federal Register.
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Brad Hollister is an Experienced Transportation Executive with a passion for Business Development through innovation, process improvement, and technology. Feel free to contact me with any inquiries, opportunities, or suggestions (http://www.bradhollister.com) Brad Hollister Official Homepage.
http://www.freightaccess.com: The Federal Motor Carrier Safety Administration has taken quite a few actions during the course of 2010 towards broaden its governance of the Transportation Industry along with Freight Carrier Market. The FMCSA isn't stopping at simply implementation of controversial CSA 2010 Program. . The Administration is actively seeking to control use of hand-held mobile phones by truckers along with truck drivers.
Thursday, December 23, 2010
FMCSA Eyes Trucker Cell Phone Ban
Saturday, December 18, 2010
CSA Safety Standards Are Upheld After Challenge from Carrier and Truck Driver Associations
http://blog.freightaccess.com/?p=266
On November Twenty ninth, 2010, several Key U . S . Trucking Associations, representing over 3,000 independently owned fleets, filed the motion with the United States Court of Appeals to be able to evaluate the launch of the FMCSA's Comprehensive Safety Analysis (CSA) 2010 regulation. The Carrier Lobbying Associations would like a perpetual stop on the Federal Motor Carrier Safety Administration's discharge of the controversial carrier safety scores as defined inside the FMCSA's controversial safety regulaiton.
All these Truck Carrier Associations was previously refused a temporary restraining order to prevent implementation of CSA 2010 safety scores for the public, while all these 3,000 in addition to privately owned fleets had registered the injunction on December 10, 2010. The Federal Court had decided to issue an expedited deliberation to listen to arguments coming from both sides over the merit to issuing this kind of injunction against the Federal Motor Carrier Safety Administration (FMCSA) with the release of this Comprehensive Safety Analysis scores within the CSA 2010 legislation.
These Freight Carrier Associations in search of the injunction are the Expedited Alliance of North America (TEANA), the Air & Expedited Motor Carrier Association (AEMCA), plus the National Association of Small Trucking Companies (NASTC). As a group, these three Trucking Associations really are opposing the release of Comprehensive Safety Analysis (CSA) data arguing that the Federal Motor Carrier Safety Administration (FMCSA) does not fully understand the huge effect the release of this driver safety results will have about the small carriers.
Under the Federal Motor Carrier Safety Administration (FMCSA) legislature, the actual Comprehensive Safety Analysis 2010 (CSA 2010) is likely to make most documents available to the public. This info won't just report every single ticket, warning, safety incident, accident, in addition to out of service orders to the public for each Carrier, but also for every single truck driver. The Federal Motor Carrier Safety Administration will work with just about all regulating agencies to supply a complete and comprehensive report surrounding the Behavorial Analysis and Safety Improvement Categories (Referred to by the Federal Motor Carrier Safety Administration as BASICs).
The BASICs categories are comprised of the subsequent criteria for every single freight carrier in addition to truck driver: unsafe driving, driving when fatigued, drivers unfit to operate a commercial vehicle, operation of a vehicle while impaired due to alcohol or drugs, improper maintenance, and collision instances experience. The three trucking associations have shown arguments how the Federal Motor Carrier Safety Administration (FMCSA)'s release of this Comprehensive Safety Administration details.
The Truck Rental Market has been discussing the issue of vicarious liability for many years. When a party is working on your behalf (known or unknown), vicarious liability is created by either an action or non-action. Even if the Federal Motor Carrier Safety Administration oversees carriers, freight brokers, logistics companies, and shippers as a customer from the freight carrier (whether directly or indirectly) can be obtained vicariously liability or carelessness any time choosing a freight carrier or truck driver.
Several new circumstances have already been effectively presented and damages awarded coming from companies which didn't have immediate affect in the evaluation of the service provider. The three trucking organizations trying to get this injunction against the release of Comprehensive Safety Analysis (CSA) results from the Federal Motor Carrier Safety Administration (FMCSA): Expedited Alliance of North America (TEANA), the Air & Expedited Motor Carrier Association (AEMCA), and also the National Association of Small Trucking Companies (NASTC) and many others are worried that freight brokers, logistics companies freight forwarders, intermodal carriers, warehousing firms, and also shippers could feel compelled to choose primarily freight carriers and truck drivers with only the best safety scores for concern with added responsibility by an improper freight carrier or owner operator selection.
In 2004, a Maryland court resolution held a third party logistics corporation liable for the negligent choosing of a trucking company which induced a major accident because the firm did not take the Federal Motor Carrier Safety Administration (FMCSA) safety status of the freight carrier into consideration before hiring the trucker (Shramm vs. Foster).
This hot button issue of this new initiative will unquestionably continue into 2011. For now the three trucking associations failed to demonstrate damages caused by the CSA 2010 regulation. The court has decided oral arguments offered on behalf of the 3,000 freight carriers to date happen to be ruled to be predicted or forecasted, damages, not actual damages. Thus the courts have consistent upheld the Federal Motor Carrier Safety Administration's (FMCSA) governance over the issue. Time will tell if the trucking industry will be successful in demonstrating damages as a direct result of the Federal Motor Carrier Safety Administration?s (FMCSA) latest Comprehensive Safety Analysis legislation known as CSA 2010.
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Brad Hollister is an Experienced Transportation Executive with a passion for Business Development through innovation, process improvement, and technology. Feel free to contact me with any inquiries, opportunities, or suggestions (http://www.bradhollsiter.com) or by visiting http://www.freightaccess.com .
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By: Brad Hollister.