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FMCSA Asks for Comments on Challenged Credential

The March 23, 2012, issue of the Federal Register carried a notice from the Federal Motor Carrier Safety Administration requesting comments on how the agency should answer a petition challenging the validity under federal law of a credential required by Chicago to be displayed on buses carrying passengers between the city and O’Hare Airport.  Such trips are considered to be interstate commerce, and, with a few exceptions, federal law, 49 U.S. Code section 14506, prohibits state or local governments from requiring credentials to be displayed in or on the motor vehicles of interstate carriers.  Or does it?  In this notice, FMCSA takes the position that the agency may determine the validity of any credential, state or local, that might fall under the prohibition.  If in fact the agency has such authority, section 14506, despite its strong preemption language, might be significantly weakened.  Comments are due to FMCSA on this matter by May 22.  ATA expects to file.

Pre-Employment Screening Program

What is PSP?
The Pre-Employment Screening Program (PSP) is a Federal Motor Carrier Safety Administration (FMCSA) Internet web-service, launched in May of 2010, allowing carriers and drivers the ability to purchase and instantly receive driver safety records for review as part of pre-employment driver screening on potential new hires.

PSP is a voluntary program allowing carriers and drivers to view three years of roadside and enforcement inspection data and up to five years of DOT state reported crash history. PSP data has been expanded to include co-driver safety and post-crash violations. Carriers can only use this information during their pre-employment screening driver hiring process. Drivers can purchase and review their PSP records at any time and are encouraged to do so prior to applying for new jobs. Drivers can request a review and challenge any potential inaccurate data shown on the PSP through the FMCSA DataQ’s system.

Driver information is gathered from the FMCSA Motor Carrier Management Information System (MCMIS) and is updated monthly from data received from roadside inspection reports, compliance reviews, enforcement data and state reported crashes.

Using PSP safety information during the Pre-Employment process will allow carriers to assess potential driver safety risks and assist to verify other employment information provided by the prospective new hire.

Carriers can obtain reports several ways:

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MoTA Meets with Public during Labor Day to discuss Safety

The members of the Missouri Trucking Association are very interested in keeping the highways in Missouri safe especially during the periods of high traffic. Generally these peak travel times are during holidays that fall on weekends, like Labor Day. Many are taking trips to see family, friends or other special events before the colder weather sets in.

The MoTA Council of Safety Supervisors realizes that spending a little more time during rest breaks helps the public to be more alert on the road and this increases the likelihood that they will reach their destination safely.
Welcome_Center

Joplin Welcome Center
On Friday before Labor Day each year, the Council takes time from their busy schedule to set up a Safety Rest Stop at the Booneville, Missouri westbound rest area at mile marker 103 and at the Joplin, Missouri Welcome Center to welcome the motoring public, share a cup of coffee and safety tips.

The traveling public is excited to have us out there answering their questions, and offering goodies to refresh them before they continue their journey. Many want to pay us for this service but we tell them “being safe in your journey is our reward”.

The members also take this opportunity to display the Share the Road truck and offerNo_Zone_Truck safety tips about driving around a commercial motor vehicle. Every vehicle has a blind spot. A commercial vehicle has the largest blind spots.  Particularly large is the one on the right side of the vehicle. Companies are continually looking for ways to educate the public about blind spots around commercial vehicles. To assist with public safety, the members offer an opportunity to sit behind the wheel and see the spots where a truck driver cannot see a car, motorcycle or another commercial vehicle. The members emphasize to pass a truck, motorists must be careful and move quickly.

Associated Wholesale Grocers and Wal-Mart Stores provide the Council with beverages and snacks to distribute at the event. The Coalition for Roadway Safety and the Missouri Department of Transportation allow the use of the locations and provide safety material that are distributed. Council of Safety Supervisor Members supply the safety knowledge. All these components and more assist with lowering the number of fatalities and injuries occurring on Missouri’s Highways from almost 1,200 in 2005 to fewer than 800 in 2011.

Public Meeting Held to Discuss Plans for new I-64 Missouri River Bridge

New Daniel Boone Bridge funded to start summer 2012

Everyone interested in the new Interstate 64/US Route 40/61 Missouri River bridge is invited to attend a public hearing on Wednesday, October 12 from 4 to 7 p.m. at the Missouri State Highway Patrol Troop C headquarters in Weldon Spring.  Missouri Department of Transportation staff will be available to discuss the property needs, economic and social effects and environmental issues being addressed with the new bridge, known as the Daniel Boone Bridge.

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OH Court Rules Fees Unconstitutional

The Ohio Court of Appeals has upheld a lower court ruling to the effect that increased fees charged by the state for providing certified abstracts of driving records violated the state constitution because the revenues were used for purposes other than highways or highway safety.  (See the 6/18/2010 edition of SLN for a note of the earlier ruling.)  The state constitution specified that all proceeds from highway user fees had to be used for highway purposes.  The fees were challenged by associations representing motor carriers and the insurance industry, whose members bought the abstracts from the state.  The state argued that the associations lacked standing to sue, and that the fees were unrelated to the use of the roads.  The court disagreed.  It found that the members of the associations could have sued in their own names, and the associations’ representation of those members conferred standing on them too.  And, as had the lower court, the appeals court found there was a close enough connection of the fees with the operation of motor vehicles for the former to fall afoul of the constitutional prohibition.  Ohio Trucking Ass’n, et al. v. Stickrath, et al., docket no. 10AP-673, decided August 30, 2011  It is believed the state will appeal this ruling to the Ohio Supreme Court.

~ ATA's The State Laws Newsletter
COMPLIANCE NOTICES FROM SUPERVISOR COMPLIANCE TRAINING DEPARTMENT

Several members have contacted the Missouri Trucking Association regarding Compliance Notices from the Supervisor Compliance Training Department.  The first notification we had regarding this company was when they were using the US DOT Logo. Shortly thereafter they stopped using it as the DOT demanded they delete the logo from their advertising.

Each of the members who contacted us regarding this advertisement had completed the Supervisor Training as required by the FMCSR’s. The notice does include some good suggestions like insuring that your supervisors have been trained and includes information about the training requirement.

It is true... If the training has not been completed then you are out of compliance.

MoTA can help out.  If your supervisors have not been trained you can contact the MoTA office for an on-line training program that will help you get into compliance. If you prefer a seminar on the subject let the staff know and we will make arrangements utilizing the Drug and Alcohol Testing industry leader HireRight.  

There is no requirement that your training be registered.  If the DOT wants to see your training certificate they will come to your location and request that you present it.

We further recommend that you notify Supervisor Compliance Training Department that this is an unwarranted solicitation and ask that they remove your address from their mailing list. If they fail to do so, you may then contact the Attorney General of Missouri with your complaint against them.

Traffic Alerts

Read the latest in roads, construction, and traffic in Missouri. Keep up to date. Traffic Alerts For more details take a look at the Traffic Alerts page...

and the Roads, Traffic & Construction Alert page...