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Partisan Procedural Objections Halt Action on HOS Amendment
Debate on an amendment to an expansive fiscal 2015 funding bill that would have rolled back a suspension to a rule limiting the time truckers can operate on roadways came to a halt after the Democratic and Republican leaders in the Senate announced they could not agree on how to proceed with the bill.
Majority Leader Harry Reid (D-Nev.) pulled the comprehensive spending bill from the floor June 19 over procedural objections raised by members in the minority. Reid did not indicate when he would seek to reschedule consideration of the amendment or the bill.
Under Senate rules, a senator can object to the way legislation is considered on the floor. To overcome such objections, sometimes a simple majority of senators is required or 60 votes.
Mitch McConnell of Kentucky, the Republican Leader, said a path forward to proceed with the legislation proposed by Reid denied senators in the minority an opportunity to offer amendments to the legislative package. The argument between the two leaders then turned sour, prompting Reid to table the funding bill and proceed with a different matter.
This week, New Jersey Democrat Cory Booker proposed to undo a provisionin the spending bill denying funding to last year's changes to the Federal Motor Carrier Safety Administration's hours-of-service restart rules.
The provision was offered by Sen. Susan Collins of Maine, and it was adopted earlier this month at a committee hearing by a 21-9 bipartisan vote. The FMCSA's hours-of-service rule took that took effect last July mandates truck drivers to have a 34-hour resting period between workweeks and account for two 1 a.m. to 5 a.m. periods during that restart time off.
On the floor, Collins said her proposal seeks to improve highway safety and noted she was "very disappointed to see that the senator from New Jersey is otherwise engaged and not listening" to her comments.
Source: American Trucking Associations Daily Digest
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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
Dave Gallano
Gallano Trucking, Inc.
Jeremy Ihle
Ihle Transport, Inc.
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.
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States Enforcing NEXUS Tax
The NEXUS tax has once again become an issue in many states. We have had several calls from carriers in the past two weeks, either asking about this tax or telling us that a certain state has begun enforcing the tax again.
One such state is New Jersey. We spoke with the New Jersey Department of Taxation and they told us that they had relaxed enforcement a few years ago, but that carriers had ceased paying the tax so they have begun enforcing it again. In enforcement, they sit by a toll booth, for instance, and watch for carriers who they know are doing business in the state and not paying the tax. They then hold the truck on the side of the road until delinquent taxes and penalties are paid.
Nexus Tax is a business tax that a carrier must pay if they are conducting any business inside of the state in question. In trucking, "doing business" is considered making a delivery or pickup of a load, partial load, or shipment inside of the state.
Each state is somewhat different on the tax. Some states offer a voluntary disclosure program. Multi-state Voluntary Disclosure allows a tax non-filer with potential liability in multiple U.S. states (including the District of Columbia) to negotiate a settlement agreement regarding back liability on favorable terms through a single point of contact and a single, uniform procedure.
With the recent increase of attention on the Nexus program we strongly suggest that carriers work with their tax personnel to ensure that they are complying with the Nexus program in states where they are conducting business.
Carriers and tax preparers can get more information on Multistate Tax Commission Web site at www.mtc.gov.
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Appeals Court Rejects Broker Suit Against CSA
In a ruling down this week, the U.S. Court of Appeals for the District of Columbia Circuit dismissed the suit by the Alliance for Safe, Efficient and Competitive Truck Transportation.
The group charged that the FMCSA's PowerPoint presentation on CSA was in effect "an astonishing" change in policy, said Chief Judge Merrick Garland.
"We are not astonished," Garland wrote in the court's opinion. "In our view -- and the FMCSA's -- the PowerPoint presentations do nothing more than explain the (CSA) Safety Measurement System."
Moreover, the judge continued, the challenge lacks standing because it came too late after the FMCSA implemented SMS.
At issue was ASECTT's contention that the FMCSA is administering CSA in a way that "(deputizes) the shipper and broker community with the responsibility of making self-enforced safety fitness determinations under penalty of vicarious liability," said ASECTT President Tom Sanderson when the suit was filed.
Among other problems, the PowerPoint presentation amounted to a change in agency policy because it promulgated SMS as a safety fitness determination, the group charged.
But this contention is contradicted by the FMCSA's disclaimer that SMS is not intended to imply a safety rating, Garland wrote.
"We therefore see no basis for the petitioner's claim that the FMCSA used the PowerPoint presentations to effectively promulgate SMS as a new safety fitness determination standard."
Source: Heavy Duty Trucking
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Make Your Hotel Accommodations for Summer TMHA Member Meeting
The TMHA Summer Safety Meeting will be here before you know it. If you have yet to do so, please make your hotel accommodations at The Abbey Resort before the July 1 deadline. Accommodations can be made by calling (800) 709-1323 and mentioning The Machinery Haulers Association room block in order to obtain the special room rate.
The schedule of event for Wednesday, July 30, and Thursday, July 31 is almost finalized; however, we have already established a great line-up of speakers presenting on the following topics:
- CVSA Update -- Presented by a representative from CVSA
- ELD In-Depth Overview -- Presented by Cindy Davies from J.J. Keller & Associates
- Regulatory Update -- Presented by David Heller from TCA
A full schedule of events and speaker information will be forthcoming, however, it's never too early to register electronically by using the link below.
Contact the TMHA office at (515) 244-5193 or [email protected] with questions.
TMHA Summer Safety Meeting Flyer
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National Registry of Medical Examiners Now a Reality
We are almost a month into the new requirement that only medical professionals who have been certified by the FMCSA, and who are listed on the National Registry of Medical Examiners, perform DOT physicals. This registry has long been in the planning stages, but effective May 21 it is a reality.
The program is generating mixed reaction from the trucking industry. Some medical professionals have chosen to no longer perform DOT physicals, while many have raised their prices. In fact, some carriers are reporting that the price for a DOT driver physical exam has doubled since the registry became went into effect. Part of the reasoning for this is the shorter supply of medical personnel to perform these exams and the cost of the training and certification, but I believe that some of the increase in price is simply due to a clinic or doctor taking advantage of the situation, knowing that they now have a captive audience.
We have also seen an increase in the certified medical personnel focusing on issues such as sleep apnea, diabetic drivers, blood pressure, etc. While these all affect the safe operation of commercial motor vehicles, some of the doctors and clinics are going above and beyond what is actually specified in the Federal Motor Carrier Safety Regulations. Some are using medical guidance and some are simply using common misconceptions.
What the focus should do is prompt us to develop an even better relationship with our medical providers and clinics. Make sure that your medical professional and their staff understand your operation and guidelines, while at the same time ensuring that you understand their operation and guidelines.
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Regulations Have Risen to be Trucking's Key Cost-Driver
Historically, economic factors primarily drove up cost pressures on motor carriers. But now that key driver will be governmental regulations.
That's the staunchly held view of economist Noel Perry, senior consultant with FTR and principal at Transport Fundamentals LLC. During the last "Freight Focus" webinar hosted recently by the research and forecasting firm FTR, Perry detailed the rocky regulatory landscape ahead that fleet owners have no choice but to traverse.
In laying out the rules-oriented environment trucking is now embroiled in, Perry cited the negative effect of the extensive coverage of the recent horrific New Jersey Turnpike crash, after which a Walmart driver was charged with one count of death by auto and four counts assault.
"Now any effort to change the FMCSA rules will be viewed in light of the accident in New Jersey," Perry observed. "Clearly, that driver had a lapse in attention. Safety advocates will use that fact as the basis for making a common-sense argument against rolling back Hours of Service rules." He suggested that trucking regulations are also on the front burner simply because "most auto drivers are afraid of large trucks, which makes highway safety a political argument" as well.
Perry reminded his audience that looking back changes in regulations and public policy, such as building the Interstates, made trucking more profitable.
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The Machinery Haulers Association
717 E. Court Avenue
Des Moines, Iowa
Phone: (515) 244-5193
Fax: (515) 244-2204
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