




Industry Update - March 1, 2019 <h4>By Jeremy Feucht</h4>
<h3></h3>
<h3><strong><u>Did you Know?</u></strong></h3>
An engine in a semi is designed to run 24/7 for 1,000,000 miles before needing to be completely rebuilt.
<h3></h3>
<h3><strong><u>Trucking tip of the Week</u></strong></h3>
In the cold weather, increasing the air pressure in your tires is a good idea. This helps ensure that cold air does not affect the safety of your tires. In cold weather, air molecules huddle together thus reducing pressure. Be careful though not to over inflate your tires as it makes for an incredibly rough ride and reduces your control over the vehicle.
<h3></h3>
<h3><strong><u>Weather</u></strong></h3>
Good portions of the west and mid-west saw record breaking snow fall for the month of February. This snow fall shut down portions of highways through Washington, Oregon and Idaho in particular. However, these states have not called for Declarations of Emergency because it only affects a portion of the state. Montana, North Dakota, South Dakota, Minnesota and Wisconsin, however, have all declared a <a href="https://www.fmcsa.dot.gov/emergency-declarations">State of Emergency</a> due to a lack of fuel, heating oil and propane for its citizens because of the continued poor weather across their entire state. Propane carriers are usually exempted from hours of service rules this time of year anyway, but fuel haulers will now be granted this exemption until the middle of March.
<h3></h3>
<h3><strong><u>Legislation</u></strong></h3>
The age restriction for interstate driving may change 21 to 18. In a rare move of bipartisanship in both the US House and US Senate, a piece of legislation called the “<a href="https://www.young.senate.gov/imo/media/doc/DRIVE-Safe%20Act%20FINAL%20Draft.pdf">DRIVE Safe Act</a>” looks like it will be pushed through. The act itself does not simply opening the doors for those that are 18 to immediately go long haul, but that does not make it any less controversial. While it is endorsed heavily by the ATA to slow the increasing driver shortage, it still allows younger people, with significantly less driving experience, to drive dangerous vehicles. The legislation would require those under 21 to log significant hours both on duty and behind the wheel as an apprentice before being able to do so on their own. This is the same bill that was introduced in March of last year but has more backing this go around.
<h3></h3>
<h3><strong><u>I</u></strong><strong><u>ntermodal and Trucking at Odds</u></strong></h3>
Lobbyists for the intermodal transportation entities had a chance to have their voices heard this week in DC. Looking to head off the desire for bigger and heavier trucks hitting the roadways, rail and waterway experts were called upon for a <a href="http://www.landlinemag.com/Story.aspx?StoryID=73829#.XHl43vZFw2x">hearing with the US Senate Transportation and Safety subcommittee</a>. Members of the Senate subcommittee though did press back on some of the strategies that ocean liners are beginning to practice using such as “street turns.” A street turn is using the empty container that was picked up at port and using it to haul a load back towards, or even back to, the port.
ELD Mandate Exemptions [p]Get clarification on electronic logging devices and ELD mandate exemptions set to take effect in December 2017. [/p]
[h2]ELD Mandate Exemptions[/h2]
[p]As of December 18, 2017, most drivers that currently use paper logs will have to switch over to an electronic logging device. The choices will be an automatic onboard recording device (AOBRD) meeting the current requirements in §395.15, installed before December 18, 2017, or a device meeting the electronic logging device (ELD) standards found in Subpart B to Part 395 and the associated appendix.[/p]
[p]There are <strong>five ELD Mandate exemptions</strong> including:[/p]
[ul]
[li]Drivers that only had to fill out a log eight or fewer days out of the last 30 days. This would include “short-haul” drivers that normally operate under the 100 and 150 air-mile exceptions and intermittent drivers.[/li]
[li]Drivers operating a vehicle older than the model year 2000. This also applies to the model year 2000 and newer vehicles that do not have the original engine in them, if the engine serial number indicates that the engine is older than the model year 2000. [/li]
[li]Drivers operating a vehicle that is part of a driveaway/towaway shipment. [/li]
[li]Drivers driving or towing a recreational vehicle that is part of a driveaway/towaway shipment.[/li]
[li]Drivers who are driving a truck that was rented for eight days or less. [/li]
[/ul]
[p]How are officers on the road going to verify that a driver claiming one of the exemptions is actually entitled to it? It is easier than you might think. [/p]
[h2]ELD Exemptions and Short-Haul Drivers[/h2]
[p]During a roadside inspection, the officer can contact the carrier for the time records related to a driver he/she is inspecting. The officer can then verify that the driver is complying with the terms of the 100 or 150 air-mile exemptions. This simply involves the officer verifying that there were time records and they showed the driver staying under the limits attached to the exemption. [/p]
[p]If the records show the driver as operating under the 100 or 150 air-mile exception often enough, there would be no violation for the driver not using an ELD.[/p]
[p]As far as intermittent drivers, the officer will inquire as to how many days the driver has worked out of the last 30. If it ends up to be 8 or fewer out of any 30-day period, there is no violation.[/p]
[h2]ELD Exemptions on Older Vehicles[/h2]
[p]To verify that the driver can use paper logs due to the age of the vehicle, the officer will simply check the vehicle identification number (VIN). If the VIN indicates that the vehicle is the model year 1999 or older vehicle, there will be no violation for the driver using a paper log rather than an electronic log.[/p]
[p]How is this determined? [/p]
[p]The model year is coded in the vehicle’s VIN at the 10th position. Presently, 2000 and newer vehicles have Y, 1 to 9, or A to H in the 10th position (i, o, u, and z are not used in VINs by the way). If the 10th digit is anything other than those listed, the vehicle is manufactured before 2000.[/p]
[p]In the case of the model year, 2000 or newer vehicle that has been retrofitted with the model year 1999 or older engine, to determine if the engine is manufactured before the year 2000, the officer will ask to see the engine serial number. Using the serial number and available software, the officer can quickly validate the engine model year.[/p]
[h2]Driveaway/Towaway ELD Exemptions[/h2]
[p]To verify that the driver is allowed to use the driveaway/towaway exception to use a paper log rather than an electronic log after December 18, 2017, all the officer or auditor needs to do is ask for the shipment paperwork. The shipment paperwork will then be used to verify that the vehicle the driver is operating is part of the shipment. If so, then there would be no violation for the driver using a paper log rather than an electronic logging device.[/p]
[h2]Rented Trucks[/h2]
[p]To verify that a driver is allowed to use the rented truck exemption, the driver must be able to present the rental agreement showing that the vehicle is being rented for 8 days or less. The driver must use paper logs and have records for the previous seven days. Printouts from an ELD system are acceptable. The exemption does not cover “leased” vehicles or vehicles rented for more than 8 days. Multiple back-to-back rental agreements will result in the carrier being cited for not using ELDs.[/p]
[h2]Still Confused about ELD Mandate Exemptions?[/h2]
[p]If you’re still confused about Exemptions to the mandate or wondering if you need to comply with the ELD mandate, contact J.J. Keller for a free ELD Exemption Assessment. Their ELD specialist will guide you through 21 questions created by their hours of service subject matter experts to help you determine if you are exempt from using ELDs. Call the ELD Exemption hotline at 888-531-8899 or <strong>request an assessment <a href="https://www.jjkeller.com/webapp/wcs/stores/servlet/infoform_10151_-1_10551_52145?cm_mmc=Misc-_-ELDExemptionAssessment-_-eldexempt-_-null">here</strong></a>.[/p]
[p]<strong>J. J. Keller & Associates, Inc.</strong>[/p]
[p]Since its beginning as a one-man consulting firm in 1953, J. J. Keller & Associates, Inc. has grown to become the most respected name in safety and regulatory compliance. Now over 1,400 associates strong, J. J. Keller serves over 600,000 customers — including over 90% of the Fortune 1000® companies. The company’s subject-matter expertise spans nearly 1,500 topics, and its diverse solutions include ELogs and mobile technology; training via online courses, streaming video or DVD; online management tools; managed services; consulting services; online and print publications; forms and supplies.[/p]
<strong>[p]About the Author:[/p]</strong>
[p]Tom Bray has been with J. J. Keller & Associates, Inc. for 11 years. However, as he does not get enough excitement working at J. J. Keller and chasing after six kids and nine grandkids, he also chooses to work nights and weekends as a firefighter/EMT.[/p]
Industry Update - October 29, 2019 <h4>By Paul DeCoste</h4>
<h3><strong>Did you know?</strong></h3>
The classic trucking movie, Black Top was released twenty years ago this month.
<h3></h3>
Starring Meat Loaf, this trucking thriller was released October 20, 2000.
<h3></h3>
<h3><strong>Trucking Tip of the Week:</strong></h3>
With summer being long behind us now, watch out for dangerous, icy road conditions in the northern US. In North Dakota, they are experiencing winds <a href="https://www.weather.gov/unr/WinterStorm-170124">that range from 15 to 25 mph</a> with gusts that are getting up to 40 mph. Temperatures are getting into the negatives and are expected to fall below -10 by tonight.
<h3></h3>
<h3><strong>Industry Update:</strong></h3>
More than 3600 Mack workers on strike. For the first time in 35 years, Mack employees have walked out of their jobs and are protesting. The bulk of the protests are centered around the company failing to renegotiate contract terms with the union. Terms that include wage increases, job security, holiday/vacation, workplace health/safety, healthcare, and retirement options.
<h3></h3>
<a href="https://www.thedrive.com/news/30402/nearly-3600-uaw-affiliated-mack-truck-workers-strike-against-low-wages-benefits">The last Mack strike happened in 1984</a>, when roughly 9,200 workers walked off the job while contract negotiations took place.
<h3></h3>
<h3><strong>Laws and Regulation:</strong></h3>
Michigan State Police officers are <a href="https://www.metrotimes.com/news-hits/archives/2019/10/01/michigan-state-police-to-begin-roadside-drug-testing-program-that-includes-mouth-swabs-for-oral-screenings">now allowed to administer roadside saliva tests for drivers</a>. These tests are made to detect the presence of amphetamines, benzodiazepines, cannabis, cocaine, methamphetamines, and opiates. More specifically, the cannabis portion of the test is only looking for delta 9 THC, the well-known and psychoactive ingredient in cannabis.
<h3></h3>
<h3><strong>Hours of Service Update:</strong></h3>
<a href="https://www.fmcsa.dot.gov/newsroom/federal-motor-carrier-safety-administration-publishes-hours-service-proposal-improve-safety">Did you submit your comments to the FMSCSA</a> about the new ELD regulations? To date, they have received over 7,000 comments on the proposed changes. Although the due date was October 21<sup>st</sup>, you can get more information on submissions here: <a href="https://www.federalregister.gov/documents/2019/08/22/2019-17810/hours-of-service-of-drivers">https://www.federalregister.gov/documents/2019/08/22/2019-17810/hours-of-service-of-drivers</a>.
<h3></h3>