News Archives:
May 21, 2008
Apr 11, 2008
Mar 20, 2008
Feb 19, 2008
Dec 27, 2007
New Mexico
Trucking Association
4809 Jefferson St. N.E.
Albuquerque, NM 87109
505 884-5575
505 884-3661 (fax)
NMTA Annual Meeting Set for May 1-3, 2008
Will New Mexico join the anti-idling push?
With a growing number of States like California moving to reduce truck idling, the question about NM's position is becoming more critical.
Recently the N.M. Environmental Department, Air Quality Control Division, held meetings around the state to listen to ideas and concerns of citizens and the business community. This effort comes directly from Governor Bill Richardson's executive order for reducing the state's greenhouse gas emissions by 75% from 2000 levels by the year 2050.
During the hearings NMTA pointed out that the vast number of domiciled carriers in NM were small local companies that could ill-afford the capital investment needed to meet he rigorous demands of California.
I believe it is not the intent of NM to put an enormous burden on carriers but to reach an agreement between industry and government that is workable and attains the desired air quality for all our citizens. We will be meeting with the division in the future and we encourage all members to attend future hearings on this subject.
To date no direct proposal (legislative or rulemaking) has been advanced, but it is still early. NMTA will follow this developing story closely and keep members advised.
February 19 , 2008
California Engine Emissions Labels Required
The California Air Resources Board has left the truckers headed to California a Valentine that won’t endear the environmental agency to the trucking community. Beginning February 15, 2008, California will require every truck traveling into the state to have “Engine Emission Certification” labels as part of the state’s roadside inspection program. If your truck doesn’t have a label you could be fined $300 immediately and $500 if “proof of repair” isn’t provided within 45 days. Labels are created by the engine manufacturers only. Most engines will have the labels, unless they are really old or have been rebuilt. See your dealership if you are missing labels.
Drivers to See Major Toll-Hikes
From the Golden Gate Bridge to the New Jersey Turnpike, the nation’s
toll booths are getting dramatically more expensive to drive through. Big
toll hikes are planned for more of the nation’s signature toll roads,
bridges and tunnels. The increases would add dollars, not cents, to the
cost of passing through many toll booths. Examples include:
- Driving on the George Washington Bridge linking New York and New Jersey—the nation’s busiest toll bridge—jumps for truckers during peak hours from $25 to $35.
- California—the Golden Gate Bridge will raise its toll from $5 to $6 if approved.
- Indiana—the 57 miles of the Indiana Toll Road will rise in April to $8 from $4.65 for those paying cash.
- Massachusetts—rates for the Sumner and Ted Williams tunnels in Boston rose to $3.50 from $3 on January 1.
- New York—will raise tolls on the Holland and Lincoln tunnels and its bridges by $2 to $10 per trip on March 2. The state will impose smaller toll increases on nine other New York-area bridges and tunnels on March 16.
- Pennsylvania—State has asked the Federal government for permission to add tolls to Interstate 80. The cost of driving the 316-mile road would be $93 for trucks. The state will increase tolls on the Pennsylvania Turnpike by 25% in 2009, making the cost similar to the proposed I-80 tolls.
UCRA Registration to Begin
in March for April This Year
The fees imposed under the new Unified Carrier Registration Agreement
will be the same in 2008 as in 2007, and UCRA registration and collection
for motor carriers for 2008 will probably begin in March or April, with
state enforcement soon after.
The first thing a carrier needs to do in registering for UCRA is to pick
a base state. Commonly, that is the state where the carrier's headquarters
is, but if that state is not participating in UCRA, another state must
be chosen. Last year, the first year of the program, a number of states
that planned to participate in UCRA were not yet ready, and their carriers
had to base - temporarily - somewhere else. New Mexico remains
an UCRA participant.
Court Finds Shipper/Broker Jointly Liable for Freight Charges
The U. S. Court of Appeals for the Ninth Circuit has found that a shipper
and the logistics company that it hired to manage its transportation
needs were jointly liable for unpaid freight charges. The shipper, Sears,
had contracted with National Logistics Corporation (NCL) to handle its
transportation needs including brokering loads to motor carriers.
Upon learning that NCL was no longer acting as Sears’ broker, the motor carrier sought payment of more than $400,000 in freight charges from NCL, over $200,000 of which had been already paid by Sears. Despite a provision in the brokerage contract stating that the NCL would pay regardless of whether it had been paid by the shipper, NCL refused any payment, directing the carrier to Sears. Sears declined payment on the grounds that the contract between NCL and the motor carrier relieved it of any potential liability to pay the motor carrier and that having already paid NCL, the motor carrier was equitably stopped from making Sears pay twice.
The Court rejected both those claims, finding that Sears was not a party to the broker/carrier agreement and could not rely on it and that it is the shipper that should bear the risk of non-payment when it chooses to pay freight charges through a broker rather than directly to the motor carrier. This case is especially instructive in today’s environment when many brokers and shippers are attempting via the carrier/broker agreement to insulate shippers from exposure to freight charge claims.
NMTA Annual
Meeting Set for
May 1-3, 2008
The NMTA Annual Meeting, Golf Championships and the
State Truck Driving Championships will be held on May 1-3, 2008.
The President’s Reception, Annual Meeting and Awards Banquet will
be, once again, held at the Hyatt Regency Downtown Albuquerque. The Truck
Driving Championships will be held at the Conway Freight locations that I know
you are all familiar with, on Saturday May 3.
The Golf Tournament will be held at the Desert Greens Golf Course on
the Thursday morning. Make sure you have these dates blocked out, you will
be receiving communications from time to time leading up to the event.
Court Hears Arguments on Mexican Trucks Program
A federal appeals court heard arguments whether the Bush
administration can go
ahead with the Transportation Department’s Mexican trucks pilot
program. The Teamsters,
Sierra Club and Public Citizen sued the administration in August to try
to stop the program,
which DOT set up as part of the North American Free Trade Agreement.
Congress passed
legislation in December banning funding to “establish” a
program that allows U.S.-certified
Mexican trucks to carry loads across the border and into the country.
DOT interpreted “establish”
as meaning to start a new program rather than to stop the current program,
which
was launched in September.
PHMSA Enacts Miscellaneous HM Regulations
On Jan. 29, the Pipeline and Hazardous Materials Safety Administration
(PHMSA) published a final rule amending the hazardous materials regulations.
The rule includes a new proper shipping name and identification number
for ethanol/gasoline blends with more than 10 percent alcohol, and
requires the use of separate placards for multi-compartment tank trucks
transporting these blends. The rule expands the exception for small
quantities of hazardous materials, clarifies transportation requirements
applicable to dry ice, detonator assemblies, and other explosives,
and requires shippers to exercise due diligence in selecting a carrier
with a safety permit to transport certain hazardous materials. Download
the final rule.
NMTA's Annual Event
Get ready for our annual meeting, truck driving championships, awards banquet and golf tournament. Details can be found elsewhere on this site.
