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FMCSA Increases Fines and Out-Of-Service Ability

In compliance with the MAP-21 highway funding bill from last year, the Federal Motor Carrier Safety Administration has increased fines for several violations of regulations and has also expanded its authority to issue out-of-service orders.

 

This was published in the October 1 edition of the Federal Register, and became final on October 1. 

 

The new rules allow the FMCSA to place an entire carrier out of service for operating vehicles "without or beyond the scope of registration," whereas previously only the unregistered vehicle could be placed out of service. 

 

The changes also include shortening the time period in which a new entrant carrier must undergo a safety review from 19 months to 12 months. 

 

Other changes include increasing the minimum required broker bonds to a requirement that they have a $75,000 bond and extending the requirement to include freight forwarders. Also included is removing the wording "ability to pay" from the list of factors that the FMCSA takes into consideration when assessing civil penalties for violations of commercial motor vehicle safety regulations.

 

A summary of the increase in fines is as follows:
  • Violation of FMCSA's reporting, recordkeeping and registration requirements: Increased from $500 to $1,000 for violating reporting and recordkeeping requirements, and from $500 to $10,000 for non-passenger carrier registration violations.
  • Failing to obey a subpoena or an order to appear or testify:Increased the range from $100 to $5,000 to the new fine range of $1,000 to $10,000.
  •  Transporting hazardous materials without the appropriate registration:Increased from $20,000 to $40,000.
TMHA Board
of Directors
  
President
 
Jon Coca
Diamond Transportation System, Inc.
 
First Vice President
 
Aaron Tennant
Tennant Truck Lines
  
Second Vice President
 
Mike Connell
Bennett Motor Express
  
Past President
 
Jim Towery
Steelman Transportation
  
  
Clayton Fisk
Warren Transport
  
Jeremy Ihle
Ihle Transport, Inc.
  
David Major
Sammons Trucking
  
  
TMHA Mission Statement  
  
To provide an ongoing forum for education, networking and advocacy for flatbed, step-deck and lowboy (RGN) carriers that specialize in the transportation of machinery and machinery-related commodities throughout the United States and Canada.

The American Transportation Research Institute announced on September 25 the second of two data collection efforts to measure impacts from the recent changes to the Hours-of-Service rules, which went into effect July 1, 2013. Earlier this month, ATRI launched a similar data collection initiative for commercial drivers to weigh in on how the rules have impacted how they operate. In this latest survey, motor carriers are asked to provide input on the changes. "The response to the driver survey has been tremendous thus far and we likewise expect a lot of interest from motor carriers in documenting how they have changed their operations to fit the new rules," said ATRI President Rebecca Brewster. Motor carriers are encouraged to participate in the confidential survey online at www.atri-online.org.

Bennett Motor Express Acquires Ace Doran Hauling & Rigging

Bennett Motor Express announced it has completed the asset purchase of Ace Doran Hauling & Rigging Company.The purchase by Bennett extends its open-deck trucking capacity and strengthens its geographic footprint in the Midwestern and Northeastern United States and Canada. The addition of Ace Doran's 200 independent owner-operators increases Bennett's fleet by 25 percent to over 800 trucks. Ace Doran's day-to-day operations will continue from its headquarters in Cincinnati with former owner Dan Doran joining Bennett and retaining the title of president. The acquisition is the largest in the history of Bennett Motor Express, which started with just five trucks and two customers in 1974. Since then, Bennett has expanded its services to include heavy haul and specialized transport, logistics planning, warehousing and brokerage that today generates over $150 million in revenue.

Speakers Confirmed for TMHA Winter Membership Meeting December 4-5 in Rock Island, Ill.

 

Jumer's Casino & Hotel in Rock Island, Ill., will once again be the host site for the TMHA Winter Membership Meeting on Wednesday, December 4, and Thursday, December 5. The meeting will cover a variety of impactful topics, including Transportation Law; Health Care; and Political Trends.

 

The featured speakers of the meeting will be:

 

Eddie Wayland, King & Barlow Law Firm

R. Eddie Wayland has been a partner at King & Ballow since 1984 and supervises the Firm's Litigation Section. He concentrates his national practice in the representation of management in all areas of Labor and Employment Law and related litigation. Mr. Wayland represents numerous transportation industry clients and for over eight years has served as General Counsel for the national Truckload Carriers Association.

 

Sean Yolish, Merit Resources

Sean Yolish is the Vice President, Information Technology & Insurance Operations at Merit Resources, a human resources outsourcing company. Sean has worn many hats throughout his career, most recently, following health care reform to ensure his clients are both aware of the regulatory impacts and are prepared to comply with applicable requirements on their behalf.

 

Stephen Hamborg, John Deere

Stephen Hamborg is the Director of Corporate Strategy at John Deere. Being in this position for over three years, Stephen has acquired profound knowledge in not only corporate strategy, but in mergers and acquisitions for Deere & Company. Stephen will be able to discuss big political trends in the world today and what it could mean for the business environment going forward, and how all this affects your daily operation.

 

Don't forget that hotel accommodations have been arranged at Jumer's Casino & Hotel with a special rate room block available until November 27. Registration is also open and being accepted electronically by using the link below.

 

As the meeting draws closer, a full schedule of events and confirmed speakers will be made available. Contact the TMHA office at (515) 244-5193 or [email protected] with questions.

 

For further information, please view the TMHA Winter Membership Meeting Flyer, and don't forget to visit the online registration form to get registered today!

ATA Safety Management Council Holds Fall Meeting

The safety council of American Trucking Associations meeting in September was one to be remembered. As many know, the regulatory climate today is filled with uncertainty, concerns, and displeasure. The topics discussed at this meeting covered all of the above.

 

The ATA Safety Management Council is comprised of many different committees. These committees meet at least two times per year to determine where we, as an industry, need to focus the attention and establish policies or recommendations on regulatory issues.

 

The September meeting began with a full day of trucking "Best Practices" training. This training was basic training for newer safety professionals, including driver qualification; drug and alcohol testing requirements; hours of service; vehicle inspection; load securement; defensive driving; and CSA monitoring and compliance.

 

The focus of the second day was centered on committee meetings and training sessions. The session of most interest was the safety, regulatory and legislative update, which was chaired by Rob Abbott, vice president of safety and regulatory affairs for ATA, and William Bensmiller, Nevada Division Administrator for the FMCSA.

 

Read more about this article at www.machineryhaulers.org.

Industry Asked to Rank Top Concerns

The American Transportation Research Institute launched the 2013 Top Industry Issues Survey. The annual survey, commissioned by the American Trucking Associations asks trucking industry stakeholders to rank the top issues of concern for the industry along with appropriate strategies for addressing each issue. The survey is in its ninth year and participation by trucking stakeholders has grown each year. The results of the survey will be released at the ATA Annual Management Conference and Exhibition in October. Industry stakeholders are encouraged to complete the survey online at www.atri-online.org.

HNI Celebrates 50th Anniversary
October 1 marked the 50th Anniversary of HNI, an Allied member of The Machinery Haulers Association that specializes in insurance, benefits and business advisory. HNI was founded in 1963. They currently have four locations in Illinois, Michigan, Minnesota and Wisconsin with approximately 100 employees. To learn more about HNI's past, visit www.hni.com to video timeline of the company.   
Getting to Know Your Board Members

   

Jeremy Ihle

Manager

Ihle Transport

Huxley, Iowa

  

For Jeremy Ihle, working in trucking and helping run his family's company is more than just a job. To him, it goes deeper to a level that many people within this industry can relate.

 

"Knowing I am providing a livelihood for many families" is what Jeremy considers the most rewarding and gratifying part of his job. Considering the roots of Ihle Transport and what the company represents as a whole, this is not surprising.

 

Ihle Transport originally came into business in 1955 as an International Harvester dealer. In 1982, the company made the switch from dealer to trucking company and today owns 15 trucks and 27 trailers.

 

Jeremy has been on the payroll full-time for the past 20 years, joining his father Everett who serves as company president. Everett is the one responsible for getting Ihle Transport involved with TMHA back in the 1980s after the company shifted its gears.

 

Just as Everett recognized in the company's early years as members, Jeremy also finds extreme value to belonging to TMHA. So much so that Jeremy wanted to expand his own personal role in the association by becoming one of its leaders.

 

"It intrigued me," Jeremy said about becoming a TMHA Board Member. "It was something I had not done and I wanted to try something else. Now I see and can better appreciate what goes on behind the scenes."

The Machinery Haulers Association

717 E. Court Avenue
Des Moines, Iowa
Phone: (515) 244-5193
Fax: (515) 244-2204

Your Professional Staff

Brenda Neville, Director
Don Egli, Safety
Phillip Nicolino, Marketing