November 16 , 2007
PRISM Coming to CA and NJ Next Year
The California Department of Motor Vehicles and the New Jersey Motor
Vehicle Commission will both be starting implementation of the Performance
and Registration Information Systems Management (PRISM) program in January
2008. PRISM is a federally sponsored, largely state-administered
program in which more than 30 of the states are already involved. It
seeks to tie a carrier’s safety record to its ability to register
commercial motor vehicles.
Implementation typically includes some
state system changes and the requirement that anyone registering a commercial
motor vehicle, even an intrastate vehicle, have a US DOT number and,
for interstate carriers, a current Form MCS-150 on file with US DOT.
PRISM
is rarely implemented by a state without hitches along the way, so if
you register vehicles in either California or New Jersey, you may want
to pay particular attention to any new requirements these states may
make in connection with PRISM. For more information, contact the
California DMV at 916-657-7971, and New Jersey Motor Carrier Services
at 609-633-9399.
Highway Watch Membership Continues to Grow
Highway
Watch (HWW) enrollment now exceeds 750,000 members. The HWW program
trains truck drivers and other members of the highway sector to spot potential
terrorist or
criminal activity. To date there have been more than 9,200 safety and security
incidents
reported.
One such report recently came in from West Texas. A HWW member reported
a child’s car seat was set into the car sideways with a child in it. After
a while, the HWW operator
called the truck driver back to inform him that the DPS had stopped the vehicle
after
a short pursuit. It turns out the driver had abducted the infant that morning.
The baby was
safely returned to his parents. This action just goes to show - you should go
with your instincts
if something does not look right or does not feel right it should be called in
to HWW.
If your company is not participating in HWW and is interested in doing
so, please contact
New Mexico Trucking Association at (505) 884 – 5575 or nmta@truckline.com
Two New California Environmental Rules to Take Effect in 2008
In addition to the much talked about change to California’s idling
regulation, trucking companies should be aware of the state’s engine
labeling requirement which will be enforced in 2008. Brief descriptions
of these two regulations are provided below.
Commercial Vehicle Idling Restrictions: Effective Jan. 1, 2008, the use of a sleeper berth for sleeping or resting will no longer be exempt from the state’s five-minute main engine idle limit. A minimum fine of $300 may be issued to a commercial vehicle operator found exceeding the limit. For information regarding potential compliance options, including the most recent CARB-approved systems, visit www.arb.ca.gov/msprog/cabcomfort/cabcomfort.htm.
Heavy-Duty Vehicle Inspection Program: Effective Feb, 15, 2008, inspectors will begin to check for engine emission control labels as part of the state’s roadside inspection program. A fine of $300 may be issued to a commercial vehicle operator with a missing or tampered label. An additional $500 fine may be issued if proof of repair is not provided within 45 days. For more information, click here.
“What a Great Idea !!”
This idea was passed to us from Lori Harris over at HUB International
When you are making out your Christmas card list this year, please end
an extra one to our American military heroes who are recuperating from
wounds this Christmas Season. Please enclose a short note thanking them
for their service and personal sacrifice. They are the protectors of
our freedom, we must let them know. Your small act of kindness will be
greatly appreciated.
A Recovering American Soldier
c/o Walter Reed Army Medical Center
6900 Georgia Avenue, NW
Washington ,D.C. 20307-5001
If you approve of the idea, please pass it on to your e-mail list.
New Worker ID & Eligibility I-9
Forms Issued by US CIS
U.S.
Citizenship and Immigration Services has changed the forms used for the
I-9 process, which is done for all new employees in order to prove identity
and eligibility to work in the United States. Of particular importance,
the list of documents acceptable for submission in the I-9 process has
been modified, effective immediately. These requirements affect all employers,
including motor carriers. For more information, click
here for the notice.
Senate to Hold Hours of Service Hearing in Dec.
On Dec. 6, 2007, the Senate Commerce Committee’s Surface Transportation
and Merchant Marine Infrastructure, Safety and Security Subcommittee
will hold a hearing focused on truck drivers’ hours of service.
ATA has been invited to provide oral testimony at the hearing and will
also be filing comprehensive written testimony on the issue. ATA will
be communicating its strong support for retention of the 11- and 34-hour
provisions, and will support this position with safety performance
and crash data that has improved since the new rules became effective
in 2004. FMCSA Administrator, John Hill, has been invited to testify
and while ATA has not seen a list of organizations to be represented
at the hearing, we expect that organized labor and an advocacy group
will also be asked to testify.
OSHA Issues Rule on Personal Protective Equip.
On November 15, the Occupational Safety and Health Administration (OSHA)
published in the Federal Register a rule that sets forth an employer’s
responsibilities for the payment of personal protective equipment (PPE).
The final rule mandates that employers pay for almost
all PPE as required by OSHA’s standards.
However, the rule makes exceptions from employee
payment of: safety-toe footwear, prescription safety eyewear, everyday
clothing and weather-related items and logging boots. OSHA also clarifies
its intent regarding replacement PPE. The rule stipulates that the employer
must pay for replacement PPE, except for when the employee has either
lost or intentionally damaged PPE. In this case the employer is not obligated
to pay for PPE replacement.
The final rule is effective Feb. 13, 2008, but has an implementation date of May 15, 2008 to allow employers to bring their PPE policies into compliance. (courtesy of ATA Truckline)
BEWARE: New Jersey Still At It
After a fairly quiet summer and early fall, we are again receiving calls about New Jersey impounding trucks operated in the state by motor carriers that have not filed New Jersey corporate tax returns. New Jersey has been doing this for some ten years now:
The state department of the treasury has agents that patrol rest stops, shippers’ loading docks, and other places trucks may frequent, looking for carriers (and incorporated owner-operators) making pick-ups or deliveries of freight in New Jersey that have not been paying corporate tax in the state. When they find one, they hold the truck, ascertain (at least very roughly) how many years a carrier has been doing business of this sort in New Jersey, and issue an assessment on the spot, commonly for about $1,100 per year.
The truck and cargo is held until the money is paid. New Jersey law is written in such a way as to allow the state some justification for doing this. So think twice about picking up or delivering freight in New Jersey if you’re not current with the corporate tax there.
Congress Approves Transportation Appropriations Bill
On Thursday, Nov. 8, a House-Senate conference committee passed the FY 2008 Transportation Appropriations legislation. The bill, which provides $40.2 billion for highway investments, must still be approved by both houses of Congress and signed by the President.
The White House previously issued a veto threat over the funding levels in the bill, which exceed the President's request, and over other objectionable provisions, including a proposal to cut off funding for the cross-border trucking pilot program.






