TRANSTRENDS
OCTOBER 2016
TRANSTRENDS
THE TRANSLAW GROUP, INC.
EDITOR: JAMES M. BURNS
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NEW FEDERAL REQUIREMENT FOR CONNECTICUT DRIVERS
Beginning in December, commercial driver’s license holders and permit applicants in Connecticut
will have to comply with a federal mandate that requires additional documents when seeking a
license or renewing it.
The Connecticut Department of Motor Vehicles will require proof of U.S. citizenship and lawful
permanent or temporary residence before a driver can obtain or renew a CDL. The new
requirements begin Dec. 6, 2016.
According to the state’s DMV website, this does not apply to current U.S. citizens or permanent
legal residents who already satisfied this paperwork requirement when obtaining a verified driver’s
license that shows both a gold star and their CDL designation on it. However, this does apply to
new CDL applicants, to CDL holders who renew after Dec. 5, and to all out-of-state CDL holders
transferring to Connecticut.
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Some of the additional paperwork requirements include proof of identity, proof of Social Security
number, proof of legal presence in the United States, proof of Connecticut residence, and name
change documents when applicable. An estimated 54,000 Connecticut residents possess CDLs.
ELECTRONIC LOGGING DEVICE NOW REST WITH THE FED APPEALS COURT
A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard oral arguments from
both sides in the case of the Owner-Operator Independent Drivers Association (OOIDA) vs. the
U.S. Department of Transportation (DOT).
Now it's up to the court to decide if the ELD mandate can stand or will need to be taken back to the
drawing board.
OOIDA filed its legal challenge almost as soon as the ELD rule was officially published in
December 2015. Unless that challenge is successful, the rule will require most interstate
commercial motor vehicle drivers to use electronic logs in place of paper logs starting in December
2017.
ROADSIDE DRUG TESTING COMING SOON TO MICHIGAN
Roadside drug testing will soon be a
reality for five counties in Michigan.
A recent law in Michigan allowed the
creation of a one-year pilot program that
will allow specifically trained officers to
give saliva tests to drivers suspected of
being under the influence of such drugs
as marijuana, cocaine and heroin.
Shanon Banner, a spokeswoman for the Michigan State Police, said the five counties to be used
for the pilot program still hadn’t been determined.
“While the legislation takes effect later this month, the one-year pilot will not begin until we finalize
the five counties where the pilot will take place, evaluate and choose a testing instrument, and
develop policies, procedures and training,” Banner said. “We expect to have everything in place in
late fall, at which time we will make an announcement with more specifics on how the pilot will
work.”
The law was inspired by a 2013 crash where a truck driver ran a red light and struck a vehicle,
resulting in the deaths of two people. The truck driver, Harley Davidson Durocher, was sentenced
to 15 years in prison after blood tests showed that marijuana was in his system.
Commercial drivers who refuse a test would be placed out of service for 24 hours and face
misdemeanor charges up to 93 days in jail with a fine as much as $100.
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RHODE ISLAND REST AREA REOPENS AFTER FIVE-YEAR CLOSURE
Just in time for Labor Day weekend, the Rhode Island Department of Transportation reopened a
truck rest area along Interstate 95 north. The rest area reopened Friday morning, Sept. 2.
Located between Exits 2
and 3, the rest area was
slated to reopen in midSeptember.
Exterior renovations were
completed
ahead
of
schedule and include swept
and restriped parking lots;
repaired guardrails; new
signage activated; repairs
to the overhead lighting
system; and clearing of
excessive weeds and brush
from the grounds. The rest
area had been dormant for
five years.
According to RIDOT spokesperson Charles St. Martin, the rest area has 17 truck parking spaces.
Interior renovations, including indoor restrooms, should be completed by the end of September. In
the meantime, portable restrooms will be available.
A new welcome center just a little off the highway exit will include retail amenities. Although funded
by the same federal grant, the welcome center will not be subjected to the same regulation as it
only pertains to rest areas on the highway.
THE HIGH SEAS VERSION OF AN ARROW TRUCKING COLLAPSE
Remember 2009 when Arrow Trucking abruptly
went out of business leaving 1,400 drivers stranded
around the country?
Their fuel cards were useless, and they had no
instructions beyond “turn your truck in at the
nearest Freightliner or International truck dealer.”
Driver paychecks bounced and confusion reigned
among shippers and brokers. Where the hell is my
stuff? How can I get it back?
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Something very similar is happening now, but on a much larger scale – this time on the high seas.
Hanjin Shipping, a South Korean container ship operator, has collapsed, leaving about 100 ships
stranded according to Fortune Magazine online. That means approximately 2,500 crew members
and tons of cargo are stuck on ships with nowhere to go.
You think Arrow shippers had it bad? Almost 8,300 Hanjin customers are going nuts. The stranded
ships are said to be carrying 540,000 containers with $14 billion worth of cargo, much of it
Christmas season merchandise – including LG televisions.
COURT: COMPANY WRONGFULLY FIRED TRUCKER WHO LEFT LOAD TO SEEK WARMTH
A seven-year-old case ended with a win for truck driver rights.
The U.S. Court of Appeals for the 10th Circuit recently upheld a decision that ordered a trucking
company to pay an estimated $280,000
for wrongfully terminating an employee
after he left his trailer in subzero
temperatures
to
seek
warmth.
According to Court documents, the case
stems from a January 2009 incident
when TransAm truck driver Alphonse
Maddin was transporting cargo through
Illinois, and the brakes on the trailer
froze because of subzero temperatures.
After reporting the problem to TransAm
and waiting several hours without a
working heater in the cab of his truck, Maddin unhitched the truck from the trailer and drove away.
He was later terminated for abandoning the load.
An administrative law judge and the Department of Labor Administrative Review Board both
previously concluded Maddin was fired in violation of the whistleblower provisions of the Surface
Transportation Assistance Act. He was ordered reinstated with back pay.
TransAm Trucking sought an appeal, arguing that Maddin’s report of frozen brakes is not a
complaint that the Surface Transportation Assistance Act seeks to protect. Well, TransAm found
out otherwise!
THE DEVIL IS IN THE DETAILS
A Texas trucker who pleaded guilty in May to charges of making false statements after forging a
registered nurse’s signature on his medical examination form has been sentenced, according to
federal court documents.
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Michael Glenn Dairy, trucker for O Tex Pumping (OTP), was sentenced on Aug. 31 to two years’
probation for falsifying his own DOT physical form.
Dairy forgot one significant detail when forging the
documents: the nurse’s national registry number.
NOT YOUR FIRST CHOICE WHEN
SEEKING MEDICAL ATTENTION
In September 2014, the U.S. Department of
Transportation’s Office of Inspector General
received information from the Big Springs, Texas,
Police Department that Dairy had forged a
signature on his medical long form and medical
card.
Police were tipped off after OTP contacted the
nurse to obtain her national registry number after Dairy submitted the forms. The nurse stated she
never signed a medical form for Dairy.
Dairy had been examined at the nurse’s place of
employment, West Texas Injury Prevention (WTIP), on
several occasions, including a DOT physical in April 2014. In
August 2014, Dairy attempted to receive another DOT
physical with WTIP. However, he was refused service based
on the alleged fraudulent documents that had already been
discovered.
When approached by law enforcement, Dairy claimed he
needed another physical for OTP since the doctor he was
referred to refused to pass him based on medical concerns.
Dairy then stated he could
SHE IS NOT A NURSE
not afford the physical and
was referred to a lady by a trucker in the oil field. Dairy was told
to go to the TA Truck Stop in Big Springs and look for a blue
truck with a white trailer. According to court documents, Dairy
claimed he met with the lady who administered the same
physical he usually receives.
Eventually, Dairy admitted to authorities he was lying about the
trailer at the truck stop. He admitted to forging the nurse’s name
on his medical form and card. Dairy had used a previous medical
card from WTIP to replicate the signature. Dairy faced up to five
years of imprisonment, fines up to $250,000, three years
supervised released, and any restitution to victims or the community.
NEITHER ARE THEY!
OOIDA TO FMCSA: NO-FAULT CRASHES SHOULDN'T DING DRIVERS' CSA SCORES
A proposed demonstration program that would remove certain types of non-preventable crashes
from drivers’ CSA or BASIC scores is a step in the right direction, but doesn’t go far enough to
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protect truckers who were not at fault, according to comments filed by the Owner-Operator
Independent Drivers Association.
The Association filed comments in response to a July 7 request from the Federal Motor Carrier
Safety Administration on a proposal to develop and implement a program to conduct preventability
determinations on certain types of crashes.
“The proposed process has the potential to remove some accident records from a driver's or motor
carrier's safety record at FMCSA, but it is not complete, evenhanded or reliable,” wrote OOIDA
Executive Vice President Todd Spencer, in comments filed as part of the agency’s request for
public input. “Instead, this proposal highlights and continues to propagate the injustice that
underlies FMCSA's blanket policy of assuming that truck drivers involved in crashes are always at
fault.”
According to a news release issued by FMCSA, the agency proposes to accept requests for data
reviews (RDRs) that seek to establish the non-preventability of certain crashes through its national
data correction system known as DataQs.
FMCSA’s notice proposes that the agency would accept an RDR, as part of this program, when
documentation established that the crash was not preventable by the motor carrier or commercial
driver. The proposed minimum time period for this crash preventability demonstration program
would be 24 months.
The demonstration program proffered by FMCSA cited four crash scenarios that would be
classified as non-preventable if a commercial driver was struck by another motorist who was
convicted of one or more of the following:




Driving under the influence;
Driving the wrong direction;
Striking the rear of the CMV; and/or
Striking the CMV while it was legally stopped.
Accidents that are not the fault of the driver or motor carrier should not be counted against them
nor should they be interpreted to predict the likelihood that the motor carrier will be involved in a
future accident.
In its comments, OOIDA asked that the agency consider including additional scenarios that would
be classified as “non-preventable,” including collisions with animals, tire blowouts and other
mechanical failures.
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THE GOOD OLD DAYS, OR WERE THEY?
PITTSBURGH AND NEW ENGLAND
TRUCKING COMPANY
PITTSBURGH AND NEW ENGLAND
TRUCKING COMPANY
PITTSBURGH AND NEW ENGLAND TRUCKING
COMPANY
Pittsburgh and New England Trucking Company, I worked for them as a regional manager in 1973
for several years. An all owner operator company that was very successful hauling steel from
Western Pennsylvania to New England and backhauling scrap metal.
COLES EXPRESS
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LABATTS BEER TRUCKS
FLEET CARRIER CORP
FORDS HEADING TO THE SHOW ROOM
MORE FORDS HEADING TO THE SHOWROOM
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SOME SHARP BUICKS HEADING TO MACLEOD MOTORS
SHOWROOM
ROADWAY EXPRESS
TRANSTRENDS is published monthly for friends and clients of the Translaw Group, Inc. The
information provided in this newsletter is not intended as specific advice on a particular subject.
Rather, the information is for general edification. Further, this information is time sensitive and may
need to be revised and updated from time to time. Please feel free to call this office with your
specific questions at 413 781 8205, or you may e-mail the office at [email protected].
END
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