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Interpretation and Enforcement Changes for Fuel Carrier Industry – UPDATE

The Missouri Highway Patrol Vehicle Enforcement Division has decided to hold off from enforcing the recent interpretation from the Pipeline and Hazardous Materials Administration (PHMSA) changes how you placard a full load of diesel fuel, NA1993.

In a recent response/interpretation from PHMSA they have alerted the industry of how 49 CFR 172.336 is being enforced.  The interpretation would no longer allow a carrier to display the flammable placard with the markings UN1203 when the entire load is diesel fuel, NA1993.

Missouri Highway Patrol Commercial Vehicle Enforcement leadership has decided to hold off on enforcing the interpretation until a determination is finalized on whether this will be permanently changed.  Several groups in Washington DC are working to get this language changed so that carriers could transport diesel fuel, gasoline and heating oil in different compartments in a truck using only a gasoline placard without having to affix or switch multiple placards.

Call Jason Ahten at 573-634-3388 for more details.

SAFETY RECALL ISSUED BY VOLVO TRUCKS

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an important safety bulletin based on a safety VOLVO RECALLrecall initiated by Volvo Trucks affecting nearly 20,000 Class 8 motor vehicles, with more than 17,000 affected vehicles in the United States.

This is a critical safety defect that could severely affect the safe operation of these vehicles due to a faulty two-piece steering shaft. This condition can lead to separation of the steering shaft without warning and an immediate loss of steering ability and control which may lead to a vehicle crash. Operators of vehicles affected by the Volvo recall should take the vehicles out of service as soon as possible.

FMCSA published an advisory bulletin  to raise awareness of this issue in order to prevent serious crashes. The bulletin includes the guidance Volvo prepared for motor carriers operating these vehicles.

Federal and state inspectors are advised that certain 2016 and 2017 Volvo and Mack Titan model trucks may be affected by the recall. If you do identify any vehicles subject to this recall, please send an email to the enforcement with the name of the carrier and DOT number, and a description of the action taken. If FMCSA or state inspectors identify a potentially affected vehicle, the driver should be directed to call 877-800-4945 (option 1) prior to proceeding, and to follow the instructions provided by Volvo. Volvo advises carriers to contact the Volvo Customer Support line (1-877-800-4945 , option 1) to determine what, if any, action is necessary.

In addition to being a serious safety issue, continuing to operate these vehicles could be considered a violation of 49 C.F.R. § 396.7, which prohibits operation of a vehicle in a condition likely to cause an accident or a breakdown. Safety demands that operators of these vehicles take prompt and appropriate action to ensure this issue is addressed. Motor carriers that violate applicable regulations may face enforcement action including, but not limited to, civil penalties and a finding that the defect constitutes an out-of-service condition.

FMCSA Grace Period for Use of New Medical Report Forms and Certificates

The FMCSA 120-day grace period during which Medical Examiners were allowed to use either the current or the newly revised versions of the Medical Examination Report (MER) Form and Medical Examiner’s Certificate (MEC) was from December 22, 2015, until April 20, 2016.

It’s official – only the new report forms and wallet cards can be used now! 

Please check your stock of Driver Qualification files as well as your stock of medical examination report forms and certificates.  Some driver qualification files come with forms and will contain the old version of the medical forms.  Any medical exam report forms and certificates in your possession need to replaced with the new version.

New product is currently available through the MoTA truckerStore.

 

FMCSA Lowers 2016 Random Drug Testing Rate to 25 Percent

The Federal Motor Carriers Safety Administration has announced it will lower the 2016 minimum random drug testing rate for commercial driver’s license holders to 25% from 50% annually. This significant announcement is the result, in large part, of ATA’s advocacy efforts.  ATA met with FMCSA on this issue early last year, helped gather relevant data, and encouraged FMCSA to take the appropriate step of reducing the testing burden if the industry’s performance continued to meet the agency’s standard. DOT has previously lowered the testing rates for others modes and acknowledged a 25% rate continues to provides strong deterrence from drug use.

Under a long-standing provision in the Federal Motor Carrier Safety Regulations, FMCSA may lower the minimum annual percentage rates for random testing to 25% percent when the industry violation rate (as measured by number of positive tests) for random drug tests is less than 1.0% for two consecutive years.  The trucking industry has maintained a sub-1.0% violation rate for three consecutive years. The announcement is an important step that will immediately reduce regulatory and cost burdens for motor carriers.  Carriers may, however, continue to test at a rate higher than 25% in 2016 if they so choose.

URGENT THREAT OF­ INTERSTATE TOLLING EXPANSION

Please contact members of the House Transportation & Infrastructure Committee and ask them to oppose expansion of tolling on the Interstate Highway System.

The T&I Committee, which has jurisdiction over the Interstate Highway System in the House, is considering expanding interstate tolling in its upcoming Highway Reauthorization Bill, likely to be released later this week.  Last June, your emails helped minimize tolling expansion in the Senate’s bill – let’s repeat our success with the House!  Join us in urging the T&I Committee members to protect our existing interstates from the burden of new tolls.

Tell the T&I Committee “NO TOLLS” in just 15seconds.

Over the past seventeen years, the Interstate Reconstruction and Rehabilitation Pilot Program (ISRRPP) has served its purpose and demonstrated the unviability of tolling existing interstates. Over the years, six states have pursued tolls via the ISRRPP, and each effort failed due primarily to widespread public outcry over tolling’s negative consequences, which in some cases even triggered state legislative action to protect interstates from tolls. Pilot programs are meant to be temporary. Approaching twenty years in age, the ISRRPP has run its course and should be repealed, not expanded or made more flexible.

We all know that tolling existing interstates would have serious negative consequences. Businesses would face higher operating expenses and, where possible, seek to pass on those costs on to consumers. Commuters and travelers would face steep cost increases and hourly employees might have to work an extra hour per day just to pay the toll to and from work. Traffic diversion around tolls onto secondary routes would cause congestion, increased accidents, higher road-wear and repair costs for local governments, and slower first response times. The cost to drive will be dramatically higher.

Additionally, our Founding Fathers gave Congress the responsibility to regulate commerce; this now includes funding and maintaining the Interstate Highway System, and passing the buck to states is an abdication of duty and violates the spirit of the U.S. Constitution’s Commerce Clause. It may be politically expedient to frame it as a “states’ rights” issue, but this ignores the safety, equity, and interstate commerce implications. Most importantly, it will not solve the highway funding problem.

Please take action by sending an email to Representative Shuster and the House T&I Committee – it only takes 15 seconds and your voice could save the interstate from new tolls.

http://www.tollfreeinterstates.com/

 

INDUSTRY SAFETY DAY COURTESY REST STOPS

For Immediate Release                           Contact: Tom Crawford   (573) 634-3388

Boonville, Joplin & Hayti, MO- The Missouri Trucking Association’s Council of Safety Supervisors has arranged to visit with the motoring public at three separate locations around the state on Friday September 4th.

Rest Stop – I-70 Westbound, Boonville, MO

Welcome Center – I-44 Eastbound, Joplin, MO

Welcome Center – I-55 Northbound, Hayti, MO

Safety information will be available, to educate both young and experienced drivers about operating around Commercial Motor Vehicles. A No Zone Display will be available for demonstrations, to help motorists become familiar with the “No Zone” around a commercial motor vehicle where the driver cannot see other vehicles.

During the holiday weekend, the highway becomes more congested as everyone makes that last summer trip. Dedicated safety professionals, including representatives of Missouri State Highway Patrol, Missouri Department of Transportation, Federal Motor Carrier Safety Administration and America’s Road Team, will be taking time out of their busy lives to share professional safety tips with the public to help ensure that everyone has a safe weekend.

Refreshments will be available at each of the three locations.

08/28/15                                                           # # # # # # # # # # # # # # # #

Emergency Response Guidebook to be Released Spring 2016

Most shippers and transporters of hazardous materials associate the familiar small orange Emergency Response Guidebook (ERG) with compliance with HazMat Regulations (49 CFR), using it to provide emergency response information for a hazmat shipment. That is not really why the ERG was created.

The ERG was originally developed for use by first responders on site at transportation incidents involving hazardous materials/dangerous goods. The ERG provides quick identification of the hazard(s) of the materials and helps them to protect themselves and the general public during the initial response phase of an incident.

With few exceptions, HazMat Regulations require that emergency response information accompany shipments of hazardous materials for availability at the scene of an incident. The ERG is just one of the ways the emergency response information can be provided.

Emergency responders are familiar with the ERG because OSHA and EPA regulations require training on the use of the ERG. So, although not the original intended use, keeping an ERG with the hazmat shipping papers is an easy way to comply with the requirements in the HazMat Regulations, that the emergency response information be readily available to, and recognizable by, authorities in the event of an incident or inspection.

Many carriers play it safe and carry an ERG in their vehicles to cover any hazmat load/situation that they may encounter.

The ERG is updated and issued every four years. The new ERG is anticipated to be released in early 2016. Anyone who works with hazmat, including shippers, carriers, and emergency responders will want the new 2016 ERG to be sure they have the updated emergency response information.

Though not yet available ERGs may be pre-ordered in the MoTA estore, THE truckerStore.     Orders will not be invoiced until shipping begins in the spring.

Senate Bill 456 Signed by Gov. Nixon Becomes Law August 28, 2015

During the Missouri 2015 Legislative Session Senate Bill 456 passed. On July 13, 2015 Governor Nixon signed the bill.   

     Sponsored by Senator Mike Kehoe (R-Jefferson City) and Rep. T.J. Berry (R-Kearney), this bill allows a dealer to sell a vehicle (for up to sixty days) without a title. Currently, motor vehicle dealers are authorized to purchase or accept in trade any motor vehicle for which there has been issued a certificate of title. This act modifies this to any vehicle for which there has been issued a certificate of ownership. Once the vehicle has been delivered to the dealer, the prior owners’ insurable interest in such vehicle ceases. The act specifies that such dealers provide to the Department of Revenue a surety bond or irrevocable letter of credit in an amount not less than $100,000 in lieu of the $25,000 bond otherwise required for licensure as a motor vehicle dealer. If a dealer receives certain items, they may sell such vehicle prior to receiving and assigning to the purchaser a certificate of ownership. In order to do so, they have to have prepared and delivered to the purchaser an application for title for the vehicle in the purchaser’s name, and have entered into a written agreement for the subsequent assignment and delivery of the certificate of ownership within 60 days after delivery of the motor vehicle to the purchaser. The agreement requires the purchaser to provide to the dealer proof of financial responsibility and proof of insurance. The dealer must maintain a copy of the agreement, and has to deliver a form to the Department of Revenue showing that the purchaser has purchased the vehicle without contemporaneous delivery of the title.  If these requirements are met, among others, they shall constitute evidence of an ownership interest in the vehicle. 

This bill was signed by Governor Jay Nixon on July 13th; HOWEVER, this WILL NOT BECOME LAW UNTIL AUGUST 28, 2015Until that time, YOU MUST ADHERE TO THE CURRENT LAW regarding delivery of title at THE time of sale.

 

Multiple Interstate 29 Bridge Projects Begin April 20, Last Through Summer

Twelve Interstate 29 bridges between I-435 and I-635 will be repaired this summer. The work will require lane reductions, narrow lanes and ramp closures. MoDOT recommends drivers use alternate routes such as I-435 and US 169 when possible.  The following impacts begin Monday, April 20:

  • I-29 reduced to two lanes between MM 12 and MM 5
  • I-29 reduced to one lane at MM 13 in each direction for 80 days
  • The ramp from Route 152 East to I-29 South will be closed all summer.
  • Lanes will narrow upon approach to each bridge location.
  • Temporary lane closures will occur near exits/entrances during off peak hours.

If you must use I-29 this summer, build more time into your travel plan and expect to travel at less than normal speeds.

 

Please share this information with others in your organization.

Please monitor the roadside message boards for up-to-date information or use the MoDOT Traveler Information Map at www.modot.org. A free smartphone app version is available in your app store. Search for “MoDOT.”

UPDATE: IL 19 / Irving Park Road Weekend Road Closures

Next phase of Bensenville CREATE Rail Flyover Project Begins

CHICAGO – The Illinois Department of Transportation (IDOT) announced that temporary weekend road closures will occur along Illinois 19 (Irving Park Road) between York Road and South Access Road, weather permitting, on March 21-23, 2015. The roadway will reopen with reduced lanes and a restricted vertical clearance at the bridge. This is the next phase in construction of the railroad flyover structure that will carry the Canadian Pacific Railway over IL 19 and eliminate an at-grade crossing in Bensenville. Traffic will be affected in the following manner:

  • Eastbound and westbound IL 19 will be closed to all traffic beginning at 3 a.m. on Saturday, March 21. The roadway will be reopened to automobile and small trucks (under 12.0′ in height) before 5 a.m. on Monday, March 23, 2015, at which time the truck detour route will be fully implemented until further notice.  IL 19 will have one lane open in each direction upon reopening.
  • A detour will be posted during these closures.
  • A truck detour will be posted during the period of restricted (low) vertical clearance under the railroad bridge east of York Rd.
  • South Access Road will remain open to O’Hare Airport cargo deliveries during the detour, and accessible via the detour route.
  • The weekend of March 28 – 30 will be used in the event of poor weather or if additional time is required to complete the work.

The following posted detour routes will be in effect for all full roadway closures and for trucks starting March 21:

  • Eastbound IL 19 traffic will turn north on to York Rd./Elmhurst Rd.,  east on IL Rte 72 (Touhy Avenue), east on to IL72 (Higgins Rd), south on US Rte. 12/45/Mannheim Rd.
  • Westbound IL 19 traffic will turn north on to US Route 12/45/Mannheim Rd., west on IL72/Higgins Rd., west on IL 72/Touhy Ave, south on Elmhurst Rd./York Rd.

The truck detour and lane closures on IL 19 are expected to be in place up to 4 months to allow for construction of temporary pavement at a lower grade. Upon completion of the work a 14′ – 6″ clearance will allow all legal sized trucks to resume using IL 19. During this time, Canadian Pacific Railway will complete work on new track and signals that will allow all trains to operate on the new structure, eliminating traffic delays caused by trains crossing IL 19 at grade.

The entire railroad flyover project, which kicked off in February 2013, also includes the reconstruction of the intersection of Irving Park Road and York Road, which respectively carry 37,000 vehicles and 28,000 vehicles each day. An average of 25 freight trains pass through the crossing each day, delaying 6,400 vehicles and costing motorists 1,500 daily hours of delays that will be eliminated as a result of this project. The project is in conjunction with the Village of Bensenville, DuPage County, the City of Chicago’s O’Hare Modernization Program, the Canadian Pacific Railroad and Metra.

Motorists can expect delays and should allow extra time for trips through this area. Drivers are urged to pay close attention to flaggers and signs in the work zones, obey the posted speed limits and be on the alert for workers and equipment.

For more information on this project please visit the project’s website:  Illinois 19 (Irving Park Road) at York Road.

Find details on other construction projects in IDOT’s District 1 at http://goo.gl/upgvZu. Updates on the impacts to traffic are available at www.travelmidwest.com.

Printable copy of this news.