My Truck News June-July 2014

Operation Airbrake is a comprehensive campaign designed to help educate drivers and technicians on brake safety, encourage brake safety compliance, and enforce the regulations designed to ensure safe operation. This Selective Traffic Enforcement Pro-gram (STEP) model has been used successfully in other areas of traffic con-cerns (most notably seat belt usage), and has been adapted to address the is-sue of brake violations. The Operation Air-

brake Campaign was ini-tially developed in Canada in 1998.

Purpose Operation Airbrake is an international truck and bus brake safety campaign dedicated to improving commercial vehicle brake safety throughout North America.

Objective The goal of Operation Air-

brake is to reduce the num-ber of highway crashes caused by faulty braking systems on commercial vehicles by conducting

roadside inspections and educating drivers, mechan-ics and others on the im-portance of proper brake inspection, maintenance and operation.

Have You Checked Your Brakes Today? Out-of-adjustment brakes and brake system viola-tions combine to represent half of all out-of-service violations issued for com-mercial vehicles on the road. Brake systems that are improperly installed or poorly maintained can re-duce the braking capacity and stopping distance of trucks or buses, a serious safety risk.

Drivers can inspect their brake systems every day. Even if you can't go under the vehicle, you can listen for air leaks, check low air signals and look for com-

ponent damage. If you can go under your vehicle, you can measure pushrod stroke the same way a CVSA-certified inspector does, and compare the re-sults to the pushrod stroke limits set by regulation.

Inspection Items

• Driver License

• Registration

• Low Air Warning Device

• Pushrod Travel (Adjustment)

• Brake Linings/Drums

• Air Loss Rate (If leak detected) • Tractor Protection Sys-

tem

September 7-13, 2014

Brake Safety Week 2014: Coming Soon

June/July 2014

Volume 2 Number 4

Sandy Long 2

Rickey Gooch 3

CDL Scholarship 4

Investigation Needed 5

Changes: Private Carrier 6

7

Trucks Taken Off Road 8

Healthy Living 9

Inside this issue:

The Treadle Valve

has been known to

malfunction in

semi trucks, buses

and RV’s

See Page FIve.

http://www.cvsa.org/programs/op_airbrake.php

Driver Resources:

The definition of Gobblede-gook is: Gobbledy gook or gobbledegook (some- times gobbledegoo) is any text containing jargon or es-pecially convoluted English that results in it being exces-sively hard to understand or even incomprehensible. "Bureaucratese" is one form of gobbledygook.” In doing some research at the FMCSA website, I found a good exam-ple of ‘goobledygook’ in the postponed proposed rule mak-ing for mandatory EOBRS. https://www.federalregister.gov/articles/2011/02/01/2011-2093/electronic-on-board-recorders-and-hours-of-service-supporting-documents#p-212 “The agency recognizes that

using share of crashes that

are fatigue-coded could have

two possible problems: Acci-

dent inspectors may be more

likely to code crashes as fa-

tigue-related if the driver has

been on the road longer.” Well then, if a driver has been driving nine hours and is in-volved in a wreck, he/she may be cited as being fatigued whether they are or are not actually fatigued. Theoretically, if a driver has only been driving one hour, they cannot be fatigued? Maybe that is why there are so many ‘fatigued’ related crashes then, because we drive for over an hour. “ Also, the share of crashes

that are coded as fatigue-

related may conceivably in-

crease simply because the

share of crashes caused by

other factors goes down.

There could be no increase in

the risk of a fatigue-related

crash (the central question),

but an increase in the share of

fatigue-related crashes.”

The statistics may, because of using the time of driving crite-ria and a lessening of other causes of crashes, falsely re-port the incidence of fatigue related crashes thereby show-ing an increase of fatigue re-lated crashes. So we are in a

FMCSA Gobbledygook

“To catch the reader's

attention, place an

interesting sentence or

quote from the story here.”

Page 2 My Truck News Volume 2 Number 4

Trish Neal, Editor

Business by Design

541-404-0724 Cell /Text

888-269-8775 Fax

Call, Text, or Email!

[email protected]

www.facebook.com/FMCSA

Our goal is to help Commercial Drivers and their Carriers keep abreast of every-thing that is coming at them so they might protect themselves from laws that seem to change every day. 1. Truckers for Highway Safety. 2. Controlling traffic violation point issues. 3. Filing DataQ Claims. 4. Truckers with incorrect info on DAC report. 5. Problems with the DOT over sleep apnea. Justice for Truckers on Facebook Assisting Truckers

By Sandy Long

no win situation then as far as more and more regulations about fatigue coming along? Talk about making one’s job a necessity as more people are put on at the FMCSA et al and researchers hired to find out what else can be done to stop fatigued driv-ers, it is self-perpetuating! “The Agency has little evidence

that either of these factors is a

significant problem. Nonethe-

less, while the data are not as

complete as FMCSA would like

them to be, the Agency aimed

to limit, to the extent possible,

the likelihood that drivers will

be fatigued, either when they

come on duty or during or at

the end of a working period.

Safety benefits are based on

this reduction in fatigue and an

associated reduction in fatigue-

coded crashes.”

The FMCSA has little basis in fact for many of the regulations it proposes and puts into effect, this is another one. There is no way to determine what a driver’s metabolism is and how that it may affect his/her fa-tigue levels even after a full night’s sleep. There are also too many causes of fatigue in hu-

Continued on page 9

fleet as well. “You have to place a note in the driver’s file that the doctor who passed him or her as fit for duty is government certified,” he explained. “You have to go to the FMCSA website and verify they are certified. This regulation crept up on us and I have no idea it was even being considered until I ran up on it last week.” Additionally, Davis be-lieves that hair testing for CSA’s driver drug and alco-hol clearing house may soon be required. “My advice to fleets is to be proactive on this front now,” he stresses. “I recom-mend checking your database on every driver to ascertain whether they’ve had a prior drug or alcohol viola-tion and follow up to make certain they are in com-pliance now.” Finally, Davis

FREE SUBSCRIPTION!

Send your Name, email

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Safety compliance expert Jeff Davis, principle officer for Fleet Safety Services, told CCJ Summer Symposium attendees in LaJolla Ca., this morning that a virtual tsunami of add-on CSA regulations and require-ments is about to hit the truck-ing industry. Citing “regulation fatigue” at the executive level, Davis nev-ertheless maintains that truck fleets will have to redouble their efforts to stay ahead of the curve on CSA in order to pro-tect their BASIC scores – which are coming under in-creasing scrutiny by law en-forcement agencies and regula-tory agencies like FMCSA as well as shippers and insurance companies. “We’ve come through Phase 1 of the CSA,” Davis explains, “which was the actual launch of the program and understand-ing how it would work. For better or worse, we now have that information. Now we’re entering Phase 2, which is the actual intervention phase which CSA was all about in the first place.” In other words, Davis says, fleets must shift from educating themselves about CSA to learn-ing how to operate in a world largely defined by how the pro-

gram views them – a process made even more complicated by the fact that new CSA re-quirements are looming and the program itself is being used (and abused) in ways never intended. Davis told Symposium attendees in his estimation, a primary internal purpose of the CSA program was to force motor carriers into using elec-tronic logs. In fact, he main-tains that use of e-logs is the only way fleets today can accurately track and control Hours of Service compliance to head off detrimental CSA scores. New CSA realities now require fleets to use doctors with a Medical Providers Cer-tification to gauge the health of their drivers. “This rule came into effect on May 21st,” Davis explains. “The days of simply fogging a mirror to get a medical card are over. Your drivers must get a full, complete physical to drive.” More annoying, David says, is a brand-new require-ment he discovered just last week that calls for the govern-ment-certified doctor to, in turn, be re-certified by the


JOIN US AT JUSTICE FOR TRUCKERS

Rickey Gooch

says fleets can expect a sleep apnea test to round out the medical certification process for drivers. “The bottom line is that fleets are simply going to have to be more hands-on in helping their drivers get and keep their medical cards,” Davis adds. “It’s going to take more time, more re-sources and more people to do so.”

MORE CSA REGULATIONS COMING!

Source: Bainbridge State Col-

lege, Bainbridge, GA—

Donald Alexander loved be-

ing a truck driver. A native of

Decatur County, he earned his

Commercial Driving License

(CDL) from the Alabama

Driving Academy in 1999 and

immediately went to work for

several successful trucking

companies, eventually work-

ing his way to lead driver for

Simpson Nursery in Monti-

cello, Florida.

Simpson Nursery relied on

Alexander to train and mentor

new drivers. “The drivers

depended on his vast trucking

knowledge and experience to

assist them with their trucking

issues” according to his wife,

Elisa. “He took his job very

seriously. His appearance

was very important to him as

he thought a professional ap-

pearance and attitude were

important factors when repre-

senting the company when

making pickups and deliver-

ies.”

Sadly, Alexander’s career was

cut short in a multi-vehicle

accident on January 28, 2014

in Milton, Florida.

Simpson Nursery lost a great

employee. Elisa Alexander

lost a loving husband.

With a desire to honor the

memory of her husband and

the profession he embraced

with enthusiasm and passion,

Elisa, a Bainbridge State Col-

lege alumni and former em-

ployee, established the Don-

ald Alexander Memorial CDL

Scholarship for Bainbridge

State College’s Commercial

Driving program.

According to Elisa, the choice

was easy. “I wanted to honor

my husband’s memory by

creating a legacy through the

CDL program. Don was a

very generous person who

loved to mentor and

help. This scholarship will

keep his spirit alive as well as

assist future drivers.”

This generosity provided

much needed financial relief

for Bainbridge State CDL

student, Frederick

Speights. Speights, who

dreams of owning his own

trucking company one day, is

the first recipient of the Don-

ald Alexander Memorial CDL

Scholarship.

Upon receiving the scholar-

ship, Speights, an Army Vet-

eran, said, “This scholarship

could not have happened at a

better time for me finan-

cially. I am working hard to

obtain my CDL because I

want more out of life. This

career will provide a stable

income for me. I want to save

enough money to eventually

return to college and earn a

bachelor’s degree in business

so I can start my own trucking

company.”

Remembering Don, Elisa’s

message is simple. “Whether

you are driving an automobile

or semi, you must always

look out for the other

driver. Don’t try to second

guess other drivers. It is best

to wait.”

As Frederick accepted the

award, he couldn’t agree

more. He pledged to use the

scholarship to help him com-

plete his training and enter the

commercial driving work-

force with a determination of

instilling the importance of

driving safely to honor the

legacy of Don Alexander.

Honoring the memory

Of Truck Driver with

CDL Scholarship.


www.tripcheck.com/mobile http://www.tripcheck.com

Truck Driving Scholarship Honors Late Husband

By Allan Nightrunner

Please ask congress to have the FMCSA and or the NHTSA to start an investigation into the problem and design of the Air Foot Control Valve or called the Treadle Valve. The Treadle Valve has been known to malfunction in semi trucks, buses and RV’s. This will and can cause an accident without warning, leaving many victims in its path. The Treadle Valve and Plunger can cause:

1. The Treadle Valve or plunger to stop or stick in the up position, if this hap-pens the driver has no breaks to stop.

2. The Treadle Valve or plunger to stop or stick in the center position which can happen without the drivers knowledge. This could happen without ap-plying the brake lights. In which this could cause break drag which can cause the breaks to get hot and or catch on fire. This has been known to catch

vehicles on fire.

3. The Treadle Valve or plunger can stop or stick in the down position. This can or will cause the vehicle to go into a skid or jackknife which could cause the driver to lose control that could then cause an accident.

The Treadle Valve or plunger has had bulletins and recalls since the 1970’s leading up to 2012. The recalls are in different makes and models of Buses, Semi’s, and RV’S. According to the NHTSA there were nearly 3,500 fatalities resulting from accidents that involved a large truck in the United Sates in 2009. That does not include Buses or RV’S.

The Treadle Valve problem is happening more today than in the past years.

WHAT IS A PERSON’S LIFE WORTH?

Please Sign the Petition at this site and Share with others: We have started a new petition based on the one that Allan Nightrunner created before but it stopped working. Please go to the petition and sign it and please share it with others. Thank you!

https://www.change.org/petitions/congress-have-fmcsa-and-nhtsa-investigate-design-of-air-foot-control-valve#

The Treadle Valve

problem is happening

more today than in the

past years.


Investigation Needed!

Finally Thanks to FMCSA Director ANNE S. FERRO the Air Break Treadle Valve problem goes to Washington! It was a pleasure to finaly meet and discuss the Treadle Valve problem that has killed and injured so many people on the roads and highways with Director Anne Ferro. Mrs. Ferro took this to be a very high concern for all the people and drivers on the roads and highways.

What is a private motor carrier?

A private motor carrier trans-ports its own cargo, usually as a part of a business that pro-duces, uses, sells and/or buys the cargo that is being hauled. A private motor carrier trans-ports its own goods and is required to have a USDOT number but does not need operating authority (MC num-ber).

What is a BOC-3?

In the motor carrier industry, many participants are required to obtain permission from the FMCSA in order to oper-ate their business.For-hire motor carriers are defined in §390.5 as “a person en-gaged in the transportation of goods or passengers for com-pensation.” This includes common and contract carri-ers, brokers, and freight for-warders, all of whom must apply for authority and file specific documents. The for-hire motor car-rier must submit a registration application (Form OP-1, OP-1(FF), OP-1(P)) to the FMCSA with a $300 fee per application, file proof of required insurance (described in Part 387), submit a Designation of Process Agents (BOC-3), and file an MCS-150 or MCS-150B. New carriers must file these documents before beginning operation and comply with all DOT new entrant require-ments.

While many accept the fact that paperwork and forms must be filed, questions quickly arise about “What are Process Agents and what is a BOC-3?” A BOC-3 is a form required by the FMCSA that grants authorization to the applicant to operate as a for-hire carrier, freight forwarder, or broker. The BOC-3 requires the ap-plicant to file with the DOT a “Process Agent” for each state in which operations will be conducted. A Process Agent provides a service by receiving legal documents in any proceeding brought against a motor car-rier, broker, or freight for-warder. Every motor carrier or forwarder registered with the Federal Motor Carrier Safety Administration must file a Form BOC-3listing the name and address of an agent for each state. Brokers are required to list process agents in each state in which they have an office and in which they write contracts. Currently, private carri-ers are not required to se-cure Processing Agents in the states they operate in. However, they will be re-quired to do so under the Unified Registration System as of October 23, 2015. This new requirement applies to every entity un-der FMCSA’s commercial and/or safety jurisdiction. A designation is required for each state in which you are

authorized to operate and for each state in which your vehi-cles travel. See§366.4 – Re-quired States (Effective Octo-ber 23, 2015).

———————

One Problem Solved, and Possibly Another Problem Created

Recently, the FMCSA made a change to the definition of a commercial motor vehicle (CMV) with the intention of making the definition easier to understand. The change was centered on determining the “gross combination weight rating” (GCWR) of a vehicle if the manufacturer did not assign one. The reason some manufactur-ers do not assign a GCWR to certain vehicles is that only vehicles that are built with the intention of being part of a combination, such as tractor/trailer, are assigned a GCWR. Pickup trucks and most straight trucks were not manufactured to be used as a power unit in a truck/trailer combination, even though many are capable of this task and are routinely used in this manner by some fleets. Therefore, a vehicle not hav-ing a GCWR made it difficult for an officer to determine the gross vehicle weight rating (GVWR) without having ac-cess to a scale. Under the new definition in §390.5, gross combination weight rating (GCWR) means

This new requirement applies to every entity under FMCSA’s commercial and/or safety jurisdiction.


Private Carriers Will

Be Required to

Have a Processing

Agent in 2015

Prevention Is The Answer

Contributed by Wes Curtis

http://www.truckercharity.org/

In the United States and Can-

ada more than 100 cell phones

are stolen every minute. The

rate of tablet and laptop theft

is also growing rapidly. It

isn’t just your hardware that is

valuable to thieves. Your per-

sonal data may be used for

identity theft. There are ways

that you can protect your mo-

bile devices and your personal

data.

Minimize Risk. If you leave

your phone, tablet or laptop in

your car, make sure your car

is locked and your cell phone

is out of sight. If using your

device in a public place like a

library or café, be aware of

your surroundings and put it

away when not in use.

Always lock and password-protect your device. Even if

your phone or other device is

stolen, keeping it locked will

help protect your data. Some

6 Ways to Protect Your Mobile Device from Theft


phones and devices can be set

to de-

lete all

stored

data

when

an in-

correct

pass-

word is

entered

a certain number of times.

Use location and anti-theft

applications to help find your device. There are a wide

variety of apps that help users

locate a lost or stolen phone.

Some apps even offer you the

ability to delete data remotely

or completely disable the de-

vice. Check reviews and speci-

fications carefully and test the

software before your phone is

lost or stolen so you know

how to use it when the time

comes.

Update all of your account passwords. If your device is

stolen thieves may be able to

access a wide variety of ac-

counts such as email, social

networking, banking and shop-

ping. Some sites offer one-

click purchasing, which could

leave you vulnerable to

fraudulent purchases. If your

device is stolen change all of

your passwords as soon as

possible.

Truck Fire Partially Closed I-84 WB Lanes West of Pendleton

Firefighters worked on a fully engulfed commercial truck fire along the westbound lanes of Interstate 84 near milepost 198 west of Pendleton. The westbound lanes were closed to traffic

Preliminary information indicates on July 21, 2014 at ap-proximately 12:13 p.m., a report was received of a truck fire westbound on Interstate 84 near milepost 198. The trailer was transporting produce and the driver got out uninjured. A grass fire also started but was extinguished by responding firefight-ers.

Photograph - Oregon State Police

Purchase insurance. New

smart phones can cost hundreds

of dollars at retail. Many indi-

viduals receive a discount when

signing up with a phone com-

pany, but discounts may not be

available before the plan comes

up for renewal. Insurance may

cover the replacement of a lost

or stolen mobile device. If you

need assistance dealing with a

claim or understanding the

terms of a policy, contact your

LegalShield provider law firm.

Report your device as sto-len. In an effort to curb the ris-

ing rate of cell phone theft,

some mobile carriers now track

stolen phones and tablets. These

systems only work if thefts are

reported. While you might not

get your phone or tablet back,

these systems can help disable

the growing black market for

stolen devices. You should also

report any theft to your local

police department.

The content of this newsletter is in-

tended for general information pur-

poses only, and is not legal advice.

Readers should be aware that while

certain principles outlined on this site

may be similar to principles followed in

their own state or province, laws can

vary considerably. © Copyright 2012

Pre-Paid Legal Services, Inc. d/b/a

LegalShield· One Pre-Paid Way, Ada,

Oklahoma 74820

For more info:

www.TrishNeal.com

Please submit all requests for transport to

[email protected]. Transport

application and requirement forms

are available

at: www.operationroger.com

“The net result of regula-tion was forcing people out of business and constrain-ing capacity even further”

...this change...could affect status of vehicle and require a CDL driver to operate the vehicle.


ATRI — Compendium of Idling Regulations—

Cab Card — Handy to have in the truck!

http://www.atri-online.org/research/idling/

ATRI_Idling_Cab_Card.pdf

the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. Absent a GCWR on the manu-facturer’s rating tag, the GCWR is determined by com-bining the GVWR of the truck and the GVWR of the trailer, combining the actual weight of the truck and the actual weight of the trailer, or combining the GVWR of one unit with the actual weight of the other unit. The highest possible combina-tion of ratings and actual weights is what is considered the GCWR for the combina-tion. The effect of this is if a vehi-cle has a rating or an actual weight of 10,001 pounds or more, single or in combina-tion, then it is considered a CMV, making the driver

and the company subject to the safety regulations inPart 390 to Part 399. If the vehicle has a GCWR or a gross com-bination weight of 26,001 pounds or more and is pulling a trailer with an actual or rated weight of 10,001 pounds or more, then the vehicle will require a CDL to operate and will be subject to the drug and

alcohol program regulations. Companies that operate vehi-cles without a declared GCWR should make them-selves aware of this change as it could affect not only the status of the vehicle but also require a CDL driver to oper-ate the vehicle.

Continued from Page 6...

Donald Broughton, a transportation analyst for Avondale Partners, recently spoke at the CCJ Summer Symposium in regards to the spike in carrier bankruptcies.

Normally, a large increase in bankruptcies can be linked to rising fuel prices. However the number of insolvent carriers have in-creased steadily since 2013, a midst relatively stable fuel prices and demand.

After speaking to many carriers that went under, one major factor was present among the majority: They were audited by the FMCSA and forced to equip their fleets with electronic on board recorders, or E-Logs.

When E-logs were implemented, many of these companies saw their utilization drop as much as 10%. Employees drove less miles, earned less income, and driver turnover spiked. Many carri-ers were left with 10 to 15% of their fleet sitting idle, without enough drivers to fill these posi-tions.

In his presentation, Broughton summed up the results of his research by saying:

Rising insolvencies have continued into 2014 and more than 10,000 trucks have been taken off the road because of bankrupt carriers.

More Than 10,000 Trucks Taken Off The Road Due To E-Logs

Continued on Page 9...

To report a missing Driver please call 720.202.5606 Please leave a message, someone will return your call .

The ultimate goal of the Missing Driver Alert Network is to locate and return drivers reported missing to their family, without loss. While we realize that this may not always be the case, we will do our utmost best to get the word out to everyone in the trucking community with that goal in mind. We will work with the law enforcement community and truckstops around the coun-try in coordinating any search to achieve this goal."

Find them on Facebook or on Twitter: @MissingTrucker

Take a break from chips and check out protein-rich roasted beans, like the Good

Bean's Roasted Chickpeas or Chic-a-peas Chickpea snack.

Reach for precut summer

melon like watermelon. It contains glutathione, an anti-oxidant that helps keep your immune system running smoothly.

Torn between a bag of chips or turkey or beef jerkey? Opt

for the protein in the jerkey versus the carbs in the chips to feel full longer.

Mini stress break: Take your shoes off and wiggle your toes for a minute. Say “Ahhhh.”

Need a chocolate fix? Reach for a cup of low-fat chocolate milk. It's only about 150 calo-ries and 2.5 grams of fat, plus calcium.

Get more information at:

www.drivinghealthy.org

Ease neck tension by

placing your right hand

on the left side of your

head (by your ear) and

gently pull. Hold for 10

sec. Switch sides.


Watch this Video on What to Do in Case Someone Has A Heart Attack

http://www.heartrescuenow.com/

mans to be able to even “…limit, to the extent possi-

ble…” the likelihood of any driver, whether of car or truck, being fatigued no mat-ter how long they have been driving. Stress, how heavy of a meal was recently eaten; length of time sitting at a dock, family issues, depres-sion, or even a dark and dreary day can all lead to fatigue, not to mention the hypnotic effect of white lines

and windshield wipers. EOBRs are not going to eliminate in any way, shape, or form, driver fatigue if that in itself is a real issue in crashes or just a perception by FMCSA or special interest groups from a few select ac-cidents where a driver fell asleep. You cannot regulate the human body outside of a hospital with any sort of ma-chine or electronic de-

vice. That is what we are talking about when we talk about fatigue, how each indi-vidual’s body reacts to cer-tain conditions beyond lack of sleep. It is all just more goobledygook to further agendas hidden behind the fatigue issue. ExpeditersOnline.com Trailer-TruckinTech.com Street Smarts: A Guide to a Truck Driver's Personal Safety Arriving Alive: personal safety,

Continued from page 2

Small steps add up!

driving and sharing the road with semis tips Just a Lady Driver blog Sandy Long's Faire personal website Sandy Long @ Facebook TrailerTruckinTech Life member OOIDA Women In Trucking Association

Do not cuss a trucker or a farmer with your mouth full!

However, there may be a silver lining in it all. Broughton’s data showed that although fleet utilization usu-ally drops immediately after implementing the devices, they usually rise to levels higher than previously ex-

perienced, 18 months later.

It seems the challenge for carriers now may be surviving the initial implementation of E-logs, but unfortunately many have not been able to do so in recent months.

Continued From Page 8...

“The net result of regula-tion was forcing people out of business and constrain-ing capacity even further”

...seeking statutory damages of $1,000 per alleged violation for themselves and every member of the class


James Jaillet|July 21, 2014

Six drivers have filed a class-action lawsuit against the Federal Motor Carrier Safety Ad-ministration claiming the agency “disparaged” their safety records and dimin-ished their value as truck drivers by overshar-ing information on their Pre-Employment Screening Program reports.

The drivers are seeking statutory damages of $1,000 per alleged violation for themselves and every member of the class, members of which would be determined by the court if the drivers win their suit.

FMCSA says per its policy it does not com-ment on pending litigation.

The suit — which also names the Department of Transportation and the U.S. federal gov-ernment as defendants — claims FMCSA “intentionally and willfully” sent reports to potential employers that overstepped the premise of the PSP reports.

According to claims in the court documents, PSP reports are only to contain accident re-ports and “reports of serious driver-related safety violations.”

The reports, which carriers obtain from FMCSA, are related to the agency’s Compli-ance, Safety, Accountability program and draw upon the agency’s Motor Carrier Man-agement Information System. They include three years’ worth of inspection data and five years’ of crashes.

PSP reports for the six drivers filing the suit, along with other potential members of the class, contained “violations of law not deter-mined by the Secretary [of Transportation] to be ‘serious driver related violations’ under circumstances where motor carriers are enti-tled only to receive ‘serious driver-related safety violation inspection reports,’” accord-ing to the lawsuit.

The inclusion of such information also vio-lates the 1974 Privacy Act, the suit alleges, in addition to damaging drivers’ reputation, hurting their earning potential and their em-ployment prospects.

The six driver plaintiffs are Thomas Flock of Nebo, Ill.; Dennis Thompson of Mauk, Ga.; Thomas Gooden of Hudson, Fla.; Douglas He-isler of Peach Bottom, Pa.; Walter Johnson of Lawrence, Mass.; and Gayla Kyle of Ogden, Kan.

Their PSP reports included violations like ex-cessive weight, speeding in the 6-10 mph range, failure to use a seatbelt, use of a radar detector, violations of hours rules, incorrect logs, failure to use hazard warning flashers and unlawful parking.

The drivers claim in their suit these are not “serious driver-related violations,” according to the DOT’s determination.

‘[FMCSA’s] conduct is in flagrant disregard of the statutory rights of the plaintiff drivers and other similarly situated,” the suit reads. “The intentional and willful disparagement of driver qualifications violates the rights of commercial motor vehicle drivers under the Privacy Act. Such disparagement has a negative economic or pecuniary impact on” the drivers.

The class members would include, according to the suit, anyone who FMCSA has “collected, maintained and transmitted for dissemination” under the PSP inspection reports that have vio-lations listed that are not deemed “serious driver-related safety violations.”

In addition to the damages of $1,000 per viola-tion, the plaintiffs also are seeking cost of litiga-tion and attorney’s fees and to establish a fund to pay damages to the class.

Drivers sue FMCSA over pre-employment report information

http://www.overdriveonline.com/drivers-file-class-action-lawsuit-

against-fmcsa-over-pre-employment-report-information/?

utm_source=daily&utm_medium=email&utm_content=07-21-

2014&utm_campaign=OVD&ust_id=6eed005604

Since Overdrive last

reported on the lawsuits in early May,

several more suits have been filed,


James Jaillet|July 18, 2014

More than a dozen lawsuits have now been

filed against former truck engine maker Cat-

erpillar over its 2007-2010 year model

ACERT C13 and C15 engines, as carriers

claim the engines had defects that Cat knew

about but that were concealed from buyers.

Since Overdrive last reported on the law-

suits in early May, several more suits have

been filed, and a panel on multidistrict litiga-

tion has consolidated the cases and transferred

them to a federal civil court in New Jersey,

according to court documents.

Caterpillar also has submitted a legal answer

to the suits brought against it, in which it de-

nies all the allegations brought against it in

the suits.

The latest lawsuits were filed last week, one

brought by an owner-operator from Michigan,

Ricky Williams, and the other two by passen-

gers carriers, according to court documents.

All of the lawsuits center on Caterpillar’s emis-

sions controls system, which plaintiffs claim

were defective. The systems consisted of a die-

sel particulate filter, aftertreatment regeneration

device and an electronic control module.

The system had repeated failures, the plaintiffs

allege, driving up their costs and driving down

their resale value.

Plaintiffs also claim Caterpillar knew about the

defects, yet sold the engines anyway and con-

cealed the defects from buyers.

The class-action lawsuits were filed on behalf of

anyone who owned or leased a truck with a

2007-2010 C13 or C15 engine within the war-

ranty period.

Caterpillar no longer builds engines for Class 8

trucks and no longer makes the ACERT engine

line.

http://www.overdriveonline.com/lawsuits-mount-against-cats-acert-engines-

court-consolidates-cases/

Lawsuits mount against Cat’s ACERT engines, court consolidates cases

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My Truck News June-July 2014