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FMCSA places N.M. truck driver OOS after head-on crash

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WASHINGTON — The Federal Motor Carrier Safety Administration has put a New Mexico-licensed CMV driver out-of-service and sidelined his truck after it was found he had been driving continuously for at least 38 of the 45 hours prior to crashing head-on with another tractor-trailer June 13.

Investigators also found out that the driver, Evaristo S. Mora, had either disabled or deactivated the truck’s ELD on prior trips.

FMCSA declared Mora to be an imminent hazard to public safety and has ordered him not to operate any CMV in interstate commerce.  Mora was served the federal order on July 3.

On June 13 at 3:55 p.m., Mora was driving in an active work zone along U.S. 54 in Pratt County, Kansas, when his vehicle veered into the oncoming traffic lane, colliding head-on with another tractor-trailer.

The driver of the other vehicle was killed, as was a passenger in Mora’s truck cab.

Following the crash, the state of Kansas charged Mora with two counts of involuntary manslaughter.  He was also cited for following too close and for operating a commercial motor vehicle after being declared OOS for violations of Hours of Service regulations.

Earlier on June 13, at about 10 a.m., following a roadside safety inspection Mora was placed OOS for 10 hours for failing to have any records-of-duty-status.

His CMV also was placed OOS for numerous safety deficiencies, including inoperative/defective brakes and dangerously worn tires. Mora had repairs done on the tractor, but not on the trailer.

Using global positioning system (GPS) to reconstruct Mora’s trip, which began June 11, in El Paso, Texas, FMCSA investigators estimated Mora had been driving continuously for at least 38 of the 45 hours prior to the crash.

FMCSA’s OOS order states that Mora’s continued operation of any commercial motor vehicle “… substantially increases the likelihood of serious injury or death if not discontinued immediately.”

Failure to comply with the provisions of a federal imminent hazard OOS order may result in action by the U.S. Attorney’s Office for equitable relief and punitive damages.  Civil penalties of up to $1,811 may be assessed for each violation of operating a commercial motor vehicle in violation of the order.  Knowing and/or willful violation of the order may also result in criminal penalties.

Mora also may be subject to a civil penalty enforcement proceeding brought by FMCSA for his violation of the agency’s safety regulations.

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The Nation

Ohio governor to reveal gas tax hike plan Thursday

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Ohio's tp Transportation Department executive says the state is facing an "impending crisis" unless more road funding is provided. (The Trucker file photo)

COLUMBUS, Ohio — Gov. Mike DeWine says he’ll announce Thursday his proposed recommendation for increasing the state’s gas tax to deal with a chronic shortfall in spending on road construction.

DeWine, a Republican, says there are no other solutions outside a gas tax increase, while warning that any increase simply keeps Ohio from falling behind.

He wouldn’t provide details or say what the proposed increase will be. He spoke at an annual forum sponsored by The Associated Press.

DeWine says the increase is “just to keep us where we are today.”

The head of the Ohio Department of Transportation director said earlier this month that Ohio’s road maintenance and infrastructure are facing an “impending crisis” unless more funding is provided.

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OOIDA Foundation issues information it says debunks driver shortage ‘myth’

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Most carriers with high turnover do so by design, says OOIDA President Todd Spencer. “They could deal with driver turnover by offering better wages and benefits and improved working conditions,” he said.

GRAIN VALLEY, Mo. — The Owner-Operator Independent Drivers Association’s research foundation published two new documents it says debunks the driver shortage “myth.”

A fact sheet explains how the industry isn’t afflicted with a shortage of drivers, but is actually plagued with overcapacity and driver retention, the foundation reported.

A second, accompanying document talks about how wages have decreased for truck drivers at large carriers and many have moved toward smaller fleets.

Last year, the association also created a short video that explains why there is high turnover as opposed to a shortage.

“We are concerned about the perpetuation of a myth of driver shortage,” said Todd Spencer, OOIDA President. “This misinformation is used to push agendas that are harmful to the industry and highway safety.”

To address the supposed driver “shortage,” some organizations have suggested that the age requirement to obtain a commercial driver’s license should be lowered from 21 to 18.

“If safety is the top priority when considering a change to a regulation, when it comes to age, the number should be raised, not lowered.” Spencer said.

OOIDA also contends that any issue with retention could be mitigated with other solutions that would be safer for all highway users.

For example, compensation has been shown to be tied directly to highway safety, as revealed in studies that suggest there is a strong correlation between driver pay and highway safety, Spencer said.

“Most carriers with high turnover do so by design,” he said. “They could deal with driver turnover by offering better wages and benefits and improved working conditions. But putting younger drivers behind the wheel of a truck isn’t the solution because it does nothing to address the underlying issues that push drivers out of the industry. It merely exacerbates the churn.”

The Owner-Operator Independent Drivers Association is the largest national trade association representing the interests of small-business trucking professionals and professional truck drivers. The association currently has more than 160,000 members nationwide. OOIDA was established in 1973 and is headquartered in the greater Kansas City, Missouri, area.

 

 

 

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The Nation

Bill to prevent shutdown has benefits for USDOT

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The legislative deal passed to prevent a government shutdown contains $45.3 billion for highways honoring FAST Act funding levels for 2019, plus $3.25 billion in supplemental funding out of the general fund. (AASHTO Journal)

WASHINGTON — As part of bicameral legislative deal to prevent a second partial federal government shutdown while providing monies to build a wall along parts of the southern U.S. border, a total of $26.5 billion in discretionary funds and $60 billion from Highway and Airport and Airway Trust Funds will be provided to the U.S. Department of Transportation, according to an article in the Journal, a publication of the American Association of State Highway and Transportation Officials.

The legislative deal passed both the Senate and the House by wide margins.

This legislation also contains final funding for a series of fiscal year 2019 appropriations bills for nine federal departments and related agencies, including the Department of Homeland Security, Department of Commerce, Department of Justice, the Environmental Protection Agency and the U.S. Department of Transportation.

Some of the USDOT appropriations measure include:

  • $45.3 billion for highways honoring FAST Act funding levels for 2019, plus $3.25 billion in supplemental funding out of the general fund.
  • Of that $3.25 billion in supplemental highway funding from the general fund, roughly $2.7 billion will be apportioned to the states as if it were Surface Transportation Block Grant Program funding, while $475 million will be for a Bridge Rehabilitation and Replacement program.
  • $900 million for Better Utilizing Investments to Leverage Development or BUILD discretionary grant program grants, divided evenly between rural and urban projects.
  • $2.55 billion for the Capital Investment Grant program, including $1.27 billion for “new starts,” $635 million for “core capacity” and $527 million for “small starts.”

“This legislation makes a significant down payment on the border wall and provides a bipartisan path forward to complete the remaining FY19 spending bills,” Sen. Richard Shelby, R-Ala., chairman of the Senate Appropriations Committee, said in a statement.

“Our bipartisan efforts have been essential in securing the passage of this bill and completing the FY19 appropriations process,” he said. “It is my hope that we will all continue to work together as we turn to the FY20 appropriations bills.”

“This is not the agreement I would have reached on my own [as] there are things in this bill that I support, and things that I disagree with – but that is the nature of a negotiation,” said Ranking Member Sen. Patrick Leahy, D-Vt. “This agreement funds nine federal departments and their related agencies. Everyone had to give something to reach a bipartisan compromise.”

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