HIGHLIGHTS - Commercial Vehicle Safety Alliance by wuzhenguang

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									Volume 14, Issue 2                     Second Quarter 2007




                            Guardian




NEW FEATURE!
ASK THE ADMINISTRATOR
2007 ANNUAL CONFERENCE
HIGHLIGHTS
ACTING DOT DEPUTY SECRETARY OUTLINES

THE ROAD AHEAD
Second Quarter 2007                                                                                                                                             www.cvsa.org




Table of Contents                                                                                                             Guardian
                                                                                                                              Published by:
President’s Message ......................................................................................1                   Commercial Vehicle Safety Alliance

Letters ..................................................................................................................2   1101 17th Street, NW, Suite 803
    Op-Ed ..............................................................................................................3     Washington, DC 20036

The Legislative Rundown ..............................................................................4                       Phone: (202) 775-1623
                                                                                                                              Fax: (202) 775-1624
Federal News                                                                                                                  www.cvsa.org

    Ask the Administrator [NEW] ................................................................................5             Dedicated to government and industry working
    Passenger Carrier Strike Force Spans Northeast Corridor ..........................................6                       together to promote commercial vehicle safety on
                                                                                                                              North American highways.
    Stepping up Passenger Carrier Safety Inspections on Frontlines in Laredo ....................6
                                                                                                                              HEADQUARTERS STAFF
    FMCSA Appoints Commercial Driver License Task Force ............................................7

    Canada Introduces New CMV Driver Hours of Service ..............................................7                         Stephen F. Campbell
                                                                                                                              Executive Director
    Motor Carrier Safety Advisory Committee Named by FMCSA ....................................8

    Spotlight on FMCSA’s New Safety Chief Rose McMurray ..........................................9                           Paul M. Bomgardner
                                                                                                                              Director, Administration
    What the U.S.–Mexico Demonstration Program is Really About ................................11
                                                                                                                              Richard D. Henderson
CVSA News                                                                                                                     Director, Government Affairs
    Operating Authority – Then & Now [NEW SERIES] ................................................12
                                                                                                                              Stephen A. Keppler
    COHMED Conference Provides Program Overview, Venue for Like-Minded Groups ....14                                          Director, Policy & Programs
    CVSA’s Trade Show Schedule ..............................................................................14
                                                                                                                              Collin B. Mooney
    CVSA President Presents Five Members with Recognition Awards ..............................15                             Director, Enforcement Programs

Cover Story/Features                                                                                                          Iris R. Leonard
                                                                                                                              Program Manager
    Acting DOT Deputy Secretary Admiral Thomas Barrett Outlines The Road Ahead ........16

    States Recognized for Safety Leadership by FMCSA Administrator John Hill in Atlanta ......19                              Catalina Navarrete
                                                                                                                              Manager, Member Services
    CVSA Takes Action to Amend the North American Standard Out-of-Service Criteria ........20

    CVSA Membership Passes Amendments to Bylaws, Elects New Secretary Treasurer......21                                       Larry D. Stern
                                                                                                                              Director, Level VI Inspection Program
    New Committee Chairs Named by CVSA President ................................................21
                                                                                                                              Craig Defibaugh
Inspector’s Corner                                                                                                            Accountant
    New Inspection Level Gives States Ability to Capture Data
                                                                                                                              Laura Zabriskie Martin
    on State-Mandated CMV Inspections ......................................................................22                Communications Coordinator
    What is Virtual Risk Manager – Airbrakes?................................................................23
                                                                                                                              For comments, suggestions or information,
Regional News                                                                                                                 please e-mail us at communications@cvsa.org.

    CHP Sees Significant Decrease In Mexican Truck OOS Violations ............................24

    Oregon’s Motorists Still Need Lessons Regarding Safe-Distance Law ..........................25                                                               About the cover:
    Drug Runners Get 1-2 Punch in Michigan ..............................................................25

    TOP Program Puts Kansas Highway Patrol Officers in the Front Seat of CMVs ............26                                                                     DOT Secretary
                                                                                                                                                                 Mary Peters
    North Carolina Goes “Hollywood” to Educate New Entrant Motor Carriers ................27                                                                     and FMCSA
    Ohio State Highway Patrol, OSU Work Together to Forecast Risk of Fatality ..............28                                                                   Administrator John
                                                                                                                                                                 Hill at the Border
    REGIONAL RAP: Ed Reuter Retires ........................................................................28                                                   Program Press
    Alberta Roads Safer With $900,000 Funding Boost for Two-Year Pilot ......................29                                                                  Conference.
                                                                                                                                                                 Photo courtesy of the
International Spotlight: VOSA ..................................................................29                                                               Associated Press.

RAD Inspection News ..................................................................................31                      Guardian is a publication of the Commercial Vehicle
                                                                                                                              Safety Alliance and the Federal Motor Carrier Safety
                                                                                                                              Administration.
                                                                                         Guardian
PRESIDENT’S MESSAGE

Setting the Stage for International Progress
By Capt. John E. Harrison, CVSA President




What started as an informal gathering of                                                     Insofar as international relationships,
states discussing a common need to                                                       we need to urge FMCSA to recognize
develop more effective and uniform                                                       the Canadian form of the safety audit so
commercial vehicle safety standards, pro-                                                that we are not duplicating efforts. We
cedures and methods have now evolved                                                     should honor their safety ratings here
into so much more. While we have made                                                    and talks are now underway in the form
progress in many ways, we are still only                                                 of the Canadian Issues Reciprocity
just beginning our journey. We must                                                      Study. Furthermore, last fall in Toronto
continue to move forward and start new                                                   we met with our Mexicans partners at
things: the commercial vehicle safety                                                    their request to consider providing addi-
planning season and the beginning of                                                     tional CVSA training in Mexico for the
coordinated efforts between many par-                                                    Federal Preventive Police (FPP) and
ties to achieve a common goal. This                                                      SCT. We are committed to exploring
coming together is marked for the first                                                  all possibilities so as to provide support
time with CVSA coordinating its                                                          for roadside inspections and carrier
Annual Conference with FMCSA’s                                                           reviews in Mexico. FMCSA is also
MCSAP Leadership Conference.                                                             looking at ways to facilitate and possibly
    The Administration’s renewed effort                                                  fund some of the training. Training for
                                             Capt. John E. Harrison
to open the U.S.-Mexico border is                                                        Mexico is now more important than
another step forward in many ways. Let’s     and teamwork between government and         ever with the opening of the border
take the initiative that spurs even more     industry is the only true way to improve    likely to come soon.
cooperation, creating a truly internation-   safety and encourage compliance with            I also ran on a platform that every-
al partnership. One of the many things I     rules and regulations. One thing I’ve       thing we do should take into considera-
intend to do this coming year will stress    learned during my many years in the         tion how it will affect the roadside
international collaboration and I intend     commercial motor vehicle enforcement        inspector. We need to ask ourselves if the
to name at least three or more Canadian      business is that voluntary compliance is    changes we advocate will make their job
committee chairs. I’ve worked with           the best way to achieve compliance.         better or more difficult. If something
Donald Bridge and Darren Christle to         Bringing all parties to the table is what   new we put in place cannot be readily
make some changes for committee chair-       CVSA is all about and I will strive to      enforced at roadside through buy-in by
manship in Atlanta. Peter Hurst from         make this partnership even better.          the inspectors, then its effectiveness may
Ontario is the first such appointment.                                                   be limited. CVSA was formed with the
He has graciously agreed to step in as                                                   purpose of uniformity and reciprocity.
chair of the Program Initiatives                                                         We cannot forget about the guy on the
Committee. If we are truly an interna-
tional organization, we need committee                 Training for                      side of the road inspecting the vehicles.
                                                                                             In terms of new beginnings, it will be
chairs and persons in key leadership roles                                               interesting to see how things in Congress
from countries other than the U.S. I               Mexico is now                         shape up with new leadership in place.
intend to follow through with this                                                       We need to ensure that the programs
endeavor and encourage subsequent
presidents to do the same. I think it is          more important                         supporting commercial vehicle safety sur-
                                                                                         vive and that the funding is there. See
time to change the status quo.                                                           Dick Henderson’s “Legislative Rundown”
    Another goal during my term as pres-               than ever...                      for his most recent update.
ident is to see us maximize our partner-                                                     Finally, we’ve got regional elections
ship with industry by increasing associate                                               coming up and I want to encourage
membership—cooperation, coordination,                                                                          (continued on page 2)



                                                                                                                                  1
Second Quarter 2007                                                                                                      www.cvsa.org




                                             Letters to the Editor
President’s Message                          Introducing the “Performance-Based Brake Tester
(continued from page 1)
                                             Manufacturing Association” (PBBTMA)

active participation from all members.       For the first time at the CVSA Fall              to each CVSA member participating
We need to educate members in every          Workshop in Toronto, several manufac-            at the Atlanta meeting, which shows
region that is having an election to get     turers of performance-based brake testers        the commonly created web-site,
involved and step forward. We need           (PBBT) came together for a common                www.truckbrakesafety.com. This website
members that are willing to take on          cause. That cause is to improve highway          will provide basic information about
the responsibility of leadership. For        safety for commercial vehicles by using          PBBTs and will also provide a link to
those folks who don’t want to be in a        PBBTs. For the ‘Open Working Group               manufacturers who helped sponsor the
leadership role, there are many oppor-       PBBT meeting,’ sponsored by FMCSA,               memory stick. It is our intention that
tunities available where everyone can        each manufacturer provided data pertain-         this PBBTMA will not be an “exclusive
make a difference. Let me leave you          ing to the use of their brake testers            club,” but is open to more manufacturers
with this thought:                           involving various commercial vehicles,
                                             such as trucks, trailers and buses for a
 It is not the critic who counts, not the    joint report. The data was compiled in a           PBBTMA [hopes to] start
 man who points out how the strong           report, delivered by Steve Shaffer,
 man stumbled, or where the doer of          Battelle Memorial Institute, who chaired
                                                                                                a dialogue between law
 deeds could have done better. The           the meeting, demonstrating the advan-
                                                                                               enforcement and ... users.
 credit belongs to the man who is actu-      tages of this technology.
 ally in the arena, …who strives                 Since this event, a manufacturing
 valiantly, who errs and comes short         association was formed by the following          and other organizations sharing the same
 again and again, who knows the              companies: Link-Radlinksi, Superflow,            vision to create safer highways through
 great enthusiasms, the great devo-          VIS, MAHA-USA, and Hunter                        the use of this technology, which has
 tions, and spends himself in a worthy       Engineering. These companies have                been in use in other countries for some
 cause, who at best knows achievement        sold brake testers in the past in North          time now.
 and who at the worst if he fails at         America to law enforcement, fleets and               It is the hope of the PBBTMA that
 least fails while daring greatly so that    repair shops and have one goal in com-           the newly created web site will start a dia-
 his place shall never be with those cold    mon, which is to educate the industry            logue between law enforcement and other
 and timid souls who know neither            about the advantages of this technology.         potential users of PBBTs. By providing
 victory nor defeat.                         Since the Toronto meeting, there have            the links of the manufacturers’ homepage,
                                             been regular telephone conferences to            the interested customer can read up on
                       — T. Roosevelt        streamline our efforts. In addition,             the different technologies that are avail-
                                             meetings were held at the Brake Safety           able and can also contact the individual
About the author: John E. Harrison is the    Symposium in Indianapolis, as well as at         manufacturer for further information.
current President of CVSA and is a           the Technology Maintenance Council                   The PBBTMA members would like
Captain with the Georgia Department of       (TMC) in Tampa.                                  to reach out to other entities supporting
Public Safety. He began his CMV enforce-         As the use of the technology of brake        this technology, such as insurance com-
ment career in 1980 with the Georgia         testers is still in its infancy stage in North   panies. We look forward to bringing
Public Service Commission (the state’s       America, there is still an educational           together a fully comprehensive infra-
utility regulatory agency) just before the   curve ahead for the manufacturers and            structure to all North American CVSA
implementation of deregulation. The          the users. This gap can only be closed by        members to allow the implementation of
first two years of his career were devot-    providing support throughout the whole           this technology as quickly and as thor-
ed solely to economic enforcement. He        implementation sequence of a PBBT.               oughly as possible.
was trained in Motor Carrier Safety in           At CVSA’s Annual Conference, the
1982 and HAZMAT in 1984.                     PBBTMA distributed a memory stick                Gerd Huber, MAHA-USA




2
                                                                                              Guardian
OP-ED

Mexican Trucking Proposal Raises Many Questions, But Few Answers
By Todd Spencer – Executive Vice President, OOIDA



Several weeks ago the U.S. Department of      drivers and motor carriers will not face        ciled trucks and drivers at this time is not
Transportation (DOT) announced that it        the same level of scrutiny as U.S. trucks,      only unfair to American truckers, it is
will be launching a program to allow 100      drivers, and motor carriers for the privi-      also unfair to CVSA members who are
Mexico-domiciled trucking companies to        lege of using U.S. roads.                       tasked with the primary trucking
operate throughout the U.S. This so-called        Safety is not the only challenge            enforcement role in the U.S. We believe
“demonstration” program raises many con-      Mexican trucks and drivers pose to the          that commercial motor vehicle safety
cerns and many questions, but thus far no     U.S. Under NAFTA, a Mexican truck               enforcement personnel must be afforded
answers or reassuring resolutions.            can only deliver a cross-border shipment        additional training, resources and
    Beyond the declarations by DOT            to a destination in the United States,          enforcement capabilities before Mexico-
that they have complied with all of the       pick up another shipment for return to          domiciled trucks and drivers are provid-
Congressional mandates related to the         Mexico, or drive through the U.S. on the        ed with full reign of American highways.
Mexican trucking issue, we have seen          way to Canada. As you know, these                   CVSA has always had safety as its
no details or analysis to substantiate        restrictions are difficult, if not impossible   highest priority. The same has been said
those claims. DOT’s efforts have been         at times to enforce. OOIDA is con-              for FMCSA since its inception; but on
almost entirely beyond public view or         cerned that state roadside enforcement          this issue, you as enforcement officers
scrutiny. Without having had the              personnel may not be fully equipped with        know better than anyone that the politics
opportunity to review and analyze spe-        the authority, training and resources to        are way out ahead of the policy. That
cific data, proposals, and agreements,        ensure compliance with these restric-           shouldn’t be. The time to share your
we are left with a tremendous number          tions. Certainly, federal immigration and       concerns on this issue is right now.
of unanswered questions.                      customs agencies have historically been         According to DOT Secretary Mary
    OOIDA has worked very hard along          unprepared or unwilling to oversee com-         Peters’ written testimony, “Since 1995,
with CVSA, FMCSA and other organi-            pliance of the laws under their jurisdic-       FMCSA has spent more than $500 mil-
zations to improve truck safety for truck     tion regarding Mexican drivers and              lion to improve border inspection sta-
drivers and for all highway users. Great      trucks operating in our nations’ interior.      tions and hire more then 600 new
strides have been made in many areas              When a Mexican truck driver begins          Federal and State inspectors to enforce
with the potential for even more gains        to illegally haul between two points            truck safety on the border.”
just over the horizon. We are very con-       within the U.S., he or she has begun to             Once those trucks clear the border,
cerned that the lack of compatible safety     perform domestic work within the U.S.           what then? It is inconceivable that a
regulations and reciprocal data systems       If these laws are not enforced and low          meaningful safety enforcement presence
in Mexico will result in a significant loss   paid Mexican drivers are allowed to             can occur without the resources and
in the hard-won gains on safety that have     operate freely within our borders, they         training for all non-border states.
been made.                                    will quickly depress already inadequate
    Our members must share the road           truck driver earnings in the U.S. and
with every vehicle and safety is a high       drive many experienced and capable
priority. Without a comprehensive sys-        American drivers out of business. This
tem in place to enforce the physical stan-    is not the old labor argument against
dards for a safe truck, the minimal           cheap foreign labor in another country.         CVSA’s Guardian welcomes your letters
requirement for a safe driver, or the abil-   This is about cheap labor being used to         and comments. To submit a letter send
ity to verify liability insurance, public     undercut our workers and small busi-            an email to communications@cvsa.org
safety on our highways is greatly com-        nesses on our own soil.                         or write to CVSA, c/o Guardian,
promised. Furthermore, it is simply               From OOIDA’s viewpoint, opening             1101 17th Street, NW, Suite 803,
unfair to U.S. businesses that Mexican        our nation’s highways to Mexico-domi-           Washington, DC 20036.




                                                                                                                                        3
Second Quarter 2007




LEGISLATIVE RUNDOWN
SSRS Extension Language in 9/11 Commission
and SAFETEA-LU Corrections Bills
By Richard Henderson, CVSA Director, Government Affairs



Legislative language re-instating SSRS          programs, particularly motor carrier safety   UCR section of SAFETEA-LU but also
until such time as the new Unified Carrier      enforcement programs that have been           to continue providing the industry an
Registration plan is up and running has         funded from SSRS revenues in past years.      incentive to support the development of
been included in Section 1436 of the                The UCR Board has been working            the new UCR as quickly as possible.
recently passed Senate bill (S.4) that          intensely on the development of a new
implements the last of the 9/11 Commis-         UCR fee structure that covers the entire      Transportation Security Measures
                                                trucking industry rather than the just the    also Contained in Senate 9/11
sion recommendations. An earlier House
                                                for-hire segment which has been the case      Commission Legislation
passed 9/11 Commission bill does not
                                                                                              The 9/11 Commission Senate bill also
contain the SSRS extension language. The        under the SSRS system. The Board has
                                                                                              contained measures dealing with motor
two bills will go to Conference in the com-     submitted a draft fee structure to the
                                                                                              carrier, bus, and hazardous material secu-
ing weeks. Efforts are underway to keep         DOT (FMCSA) for their approval after
                                                                                              rity. They included hazardous materials
the SSRS extension in the final Conference      which there must be a 90-day period for
                                                                                              highway routing, motor carrier high haz-
bill. However, the ultimate fate of this bill   notice and comment on the plan. Twice
                                                                                              ard material tracking, establishment of a
is uncertain. The President has threatened      it has been rejected with a request for
                                                                                              program for reviewing hazardous materi-
to veto the final bill relating to provisions   further analysis and additional informa-
                                                                                              al security plans, a truck security assess-
expanding collective bargaining rights of       tion. The most recent DOT request
                                                                                              ment, a national public sector response
TSA airport screeners. Some speculate           asked the Board to take into account the
                                                                                              system and over-the-road bus security
that a compromise on this issue will be         number of trailers operated by the carri-
                                                                                              grants. The House passed version of the
worked out since neither the President nor      er as well as the number of power units.
                                                                                              9/11 Commission and transportation
Congress will want to be blamed for fail-           In the March 15 teleconference call,
                                                                                              security bills do not contain these provi-
ure to implement recommendations of the         the Board reached agreement on a new
                                                                                              sions, so the House-Senate conference
9/11 Commission.                                fee structure including both power unit
                                                                                              on these bills will determine if they are
    In addition, language extending             and trailer populations. Shortly, this fee
                                                                                              included in the final Conference bill.
SSRS is also in a SAFETEA-LU                    structure will be presented to FMCSA
Corrections bill, H.R. 1195, that passed        for their review. It is hoped that FMCSA      CVSA Joins Safety Incentive Coalition
the House in February. The Senate has           will approve this latest fee structure sub-   CVSA is teaming up with the Motor and
yet to draft and take action on their ver-      mission and that it can be published for      Equipment Manufacturers Association
sion of the Corrections bill. It is not         notice and comment for a period not to        and other groups to seek tax credit legisla-
expected that this particular bill will pass    exceed 90 days. It is expected that the       tion to encourage the purchase of safety
the Congress until July at the earliest.        UCR Board Subcommittees on Systems,           technologies by motor carriers. There are
    The challenge thus far has not been         Repository, and Procedures can also           new safety technology systems entering the
in convincing Congress that an SSRS             complete their work within this same          market that are proving effective in reduc-
extension is needed, but to get the exten-      90-day period. However, there are major       ing crashes and saving lives. The challenge
sion language attached to legislation that      issues for the Subcommittees to resolve.      is how to encourage more widespread use
is sure to pass the Congress and be                 With each passing day, it becomes         of such safety systems by motor carriers.
signed into law by the President.               more unlikely that all of the above will          Members of the coalition are looking
                                                come to fruition in time for states to        at such technologies as vehicle stability,
Unified Carrier Registration Board Still        realize any new UCR revenues for fiscal       land departure warning, forward colli-
Tackling New Fee Structure                      year 2007. Therefore, legislative efforts     sion warning; side object detection, and
The reason it is necessary to re-instate and    to bring back SSRS on a temporary basis       brake monitoring systems. For the leg-
extend SSRS is the fact that the new            to ease the developing financial crises in    islative effort to be successful, the tax
Unified Carrier Registration (UCR) Plan         many SSRS states will continue. This          credits would be available for broad cate-
fee structure and agreement is not yet com-     effort will not only make sure that the       gories of safety technology systems,
pleted and ready for implementation by the      states are made hole with respect to rev-     rather than specific technologies.
states. Many of the 37 SSRS states are          enue received under the SSRS system               It is hoped that a bill can be drafted
being forced to cut back highway safety         which was the basic assumption in the         by May 1.




4
                                                                                    F    Guardian
                                                                                         E    D     E    R   A    L       N     E   W     S




Ask the Administrator


This is the first in a new series CVSA’s        months. Their involvement and recom-              dictions, which voluntarily choose to use
Guardian is introducing where readers can       mendations will help improve CMV                  PBBTs, have uniform guidelines for
ask questions to FMCSA Administrator            safety programs.                                  determining when a CMV should be
John H. Hill.                                       In addition to enforcement and com-           placed out of service based upon the
                                                pliance, I challenge our industry to vol-         PBBT results.
Question: What do you see is the                untarily adopt proven safety technolo-                 There are many exciting new safety
biggest challenge in reducing com-              gies, such as electronic on-board                 technology capabilities, including stabil-
mercial vehicle related fatalities on           recorders, lane departure warning sys-            ity control systems and forward collision
the highway? What should the states             tems, stability control systems, forward          warning systems that—when combined
and the industry be doing to help fur-          collision warning systems, and others.            with adaptive cruise control, lane depar-
ther reduce the commercial vehicle                  While I am a big fan of technology, I         ture warning systems, and other tech-
fatality rate on our highways?                  am keenly aware that our efforts must             nologies, will translate directly to
                                                stay focused on the driver—they hold the          increased CMV safety on our roadways.
Hill: I believe all of us have an important     key to safety. It is up to them to use
role to play, but it is critical that we con-   these tools responsibility for the safe           Please send your questions to
tinue to work together diligently. I            operation of the vehicle.                         communications@cvsa.org and we
would urge the states to be robustly                                                              will run them in the next issue of
engaged in conducting compliance                Question: Does FMCSA support the                  CVSA’s Guardian.
review activities—in addition to roadside       use of Performance-Based Brake
inspections.                                    Technology (PBBT) for use during a
    When MCSAP first began in the               roadside inspection?                                 Passenger carrier safety contin-
early 1980s, it was primarily recognized                                                             ues as one of the highest priori-
as a roadside inspection program. More          Hill: Yes we do. After rigorous scientific           ties within FMCSA. The agency
than two decades later, MCSAP has               study and evaluation, PBBTs are recog-               has established a National
expanded significantly. We have also            nized for accurately assessing truck and             Motorcoach Safety Program that
seen the CMV fatality rate decline from         bus braking capability. This is done                 emphasizes six areas: (1) increas-
more than five deaths per 100 million           through a quantitative measure of the                ing the number of motorcoach
miles to 2.3—even though there has              brake forces for each wheel on the vehi-
                                                                                                     Compliance Reviews; (2) ensur-
been a 100 percent increase in CMV              cle. PBBTs provide an objective and con-
                                                                                                     ing motorcoach companies have
miles during that time. The key factor in       sistent measure of vehicle braking per-
                                                                                                     a higher priority within SafeStat;
producing this result, I believe, has been      formance, irrespective of the type of
                                                                                                     (3) establishing formal motor-
the increased interaction with an ever-         brake. And perhaps best of all—it elimi-
                                                                                                     coach inspection programs with-
increasing number of carriers, vehicles         nates the need of crawling underneath
and drivers.                                    the vehicle to conduct a visual inspection.          in all states; (4) improving the
    Today, the biggest challenge for us is          I’ve had an opportunity to learn a lot           collection and analyses of safety
to build upon this proven model by giv-         about PBBT technology and I am very                  data; (5) reducing motorcoach
ing even greater attention and enforce-         impressed about the promise of their use             fires; and (6) expediting safety
ment vigilance upon the problem carriers        in commercial vehicle safety. We have                audits of new entrant passenger
and the problem drivers. We’re confi-           encouraged PBBT use through grant                    carriers. The states are joining
dent that our Comprehensive Safety              funding and demonstration projects in                FMCSA in National Motorcoach
Analysis – CSA 2010 – has the firepow-          the past. I am in favor of adopting uni-             Safety Program activities around
er to do just that. States will be asked to     form enforcement tolerances under the                the county. The following two
pilot some of the new ways to touch and         North American Standard Out-of-Service               stories on page 6 are examples.
evaluate safety fitness in the coming           Criteria. This would ensure that juris-




                                                                                                                                          5
Second Quarter 2007                                                                                                     www.cvsa.org




Passenger Carrier Strike Force
Spans Northeast Corridor
By Wes Barber, FMCSA Safety Investigator, New Jersey Division




In November 2006, the FMCSA                  activity effectively blanketed the entire      unsafe equipment. There are substantial
Eastern Service Center Division Offices      Northeast.                                     on-site repair or towing charges, chal-
and their MCSAP partners conducted               The primary objective of the               lenges to locate a replacement bus and/or
the Northeast Corridor Passenger             Northeast Passenger Carrier Strike Force       driver, an interruption in service and the
Carrier Strike Force, which resulted in      was to obtain performance data for pas-        resulting loss of revenue to the company.
more than 1,300 motorcoach safety            senger carriers that had little or no             Several states included aggressive
inspections.                                 inspection history in the Motor Carrier        motorcoach driver traffic enforcement as
   The Strike Force spanned 14 states –      Management Information System                  part of the Strike Force activities.
from Virginia to Maine – and included        (MCMIS). By capturing data through             Passenger vehicles observed to be operat-
the participation of 22 MCSAP agen-          roadside inspections, carriers demon-          ing in an unsafe manner, including
cies and involved more than 200 state        strating poor safety performance indica-       speeding, were stopped and an inspection
and federal personnel. The November          tors will be targeted for Compliance           performed. State and local law enforce-
13-25 period was selected to coincide        Reviews. FMCSA’s ability to address            ment agencies also conducted Homeland
with the increase in passenger ridership     passenger transportation crash reduction,      Security inspections at select locations
during the two weeks leading up to the       safety improvement, and safety risk mit-       deploying bomb-detection canines and
Thanksgiving holiday. There was a            igation strategies is significantly influ-     radiological detection equipment.
focus on scheduled service points of         enced by the availability of accurate and         Planning is underway for a subsequent
departure and termination in the cities      timely safety performance data.                Northeast Corridor Passenger Carrier
of Boston, New York, and Washington,             In addition to providing carrier safety    Strike Force in late spring. The focus will
DC. Safety inspections were also con-        performance data, roadside inspections         be on student safety – as spring is an
ducted at major destinations such as         are an effective tool in gaining carrier       active time for student field trips.
casinos, tourist attractions, and at         compliance. There is an immediate              Inspection activities will target theme
Canadian border crossings. By expand-        financial impact to carriers found to be       parks, historic sites, and other locations
ing the coverage to varied locations, this   operating with unqualified drivers or          frequently visited during school field trips.



    Stepping up Passenger Carrier Safety Inspections on Frontlines in Laredo
    By Manuel Gaona Jr., FMCSA Safety Investigator, Texas Division

                                                                    Passenger carrier safety inspections were stepped up during
                                                                    December 2006 at the Lincoln-Juarez Bridge in Laredo, Texas.
                                                                        A total 531 inspections were performed by FMCSA and
                                                                    Texas Department of Public Safety inspectors and troopers.
                                                                    The following is a breakdown of the month-long focus:
                                                                    Level I inspections – 76; Level II inspections – 293, and;
                                                                    Level III inspections – 163. In all, 83 different passenger car-
                                                                    riers were inspected. Four enforcement cases were initiated.
                                                                        This impressive number of inspections would not have
                                                                    been possible without the cooperation and the involve-
                                                                    ment of the Texas Department of Public Safety. The U.S.
                                                                    Customs and Border Protection staff in Laredo also provid-
                                                                    ed helpful assistance.




6
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Motor Carrier                         Canada Introduces New CMV
Safety Advisory                       Drivers Hours of Service
Committee Named                       By Roger Clarke, Executive Director, Vehicle Safety and Carrier Services with
                                      Alberta Infrastructure and Transportation, Chair of the CCMTA Standing Committee
                                      on Compliance and Regulatory Affairs

   U.S. Secretary of Transportation
Mary E. Peters and FMCSA
Administrator John H. Hill have
named motor carrier industry
experts, safety advocates, and
safety enforcement officials to
serve on the Motor Carrier Safety
Advisory Committee (MCSAC).
The MCSAC will provide advice
and recommendations to the
Administrator on motor carrier
safety programs and motor carrier
safety regulations.                   It’s been more than ten years in the mak-        ic interpretation issues have prevented
   Each professional brings spe-      ing, but Canada now has a new federal            implementation in the remaining ten
cial knowledge and experiences        hours of service regulation. The new             jurisdictions. However, a continued roll
to the advisory committee:            regulation, negotiated with industry and         out is expected as these issues are
                                      Canadian jurisdictions through the               resolved.
• John Bauer, Senior Manager          Canadian Council of Motor Transport                  The hours of service regulation devel-
  of Domestic Transportation,         Administrators, was proclaimed on                oped in both Canada and the U.S., were
  Target Corp.                        January 1, 2007.                                 guided by a joint Canada / U.S. spon-
• Michael Greene, General                 In turn, in order to ensure adequate         sored study released in 1998 that recom-
  Manager, Columbia Machine           rest and harmonized regulation, each             mended significant change in regulation
  Works, Inc.                         Canadian jurisdiction has agreed to              and, in addition, that a comprehensive
                                      implement an identical regulation to             proactive approach to fatigue manage-
• Clyde Hart, Senior Vice             govern intra provincial / territory trans-       ment be researched and developed. This
  President of Government             port. Given that this change is of the           second broad recommendation has also
  Affairs, American Bus               more significant regulatory changes for          been quietly under development for sev-
  Association                         the carrier industry and enforcement             eral years and is now in the final pilot
• Michael Irwin, Director,            staff, a six month “educational enforce-         stage of research. Rather than count
  Michigan Center for Truck           ment” period has been agreed upon by all         strictly on restricting the number of
  Safety                              jurisdictions, with full implementation          hours of driving and duty time, the com-
                                      by July 1, 2007.                                 prehensive       fatigue    management
• Terry Maple, Assistant                  During that six-month period, a sig-         approach will include sleep disorder
  Superintendent, Kansas              nificant amount of training and changes          screening, scheduling practices, health
  Highway Patrol                      in scheduling has been undertaken as             and sleep training for families, fatigue
• David Osiecki, Vice President       carriers and enforcement officers gear up        recognition, driver empowerment and
  for Safety, Security and            for full implementation.                         corporate culture to support rest. This
  Operations, American                    Despite all good intentions, the phase       program, unlike the hours of service, is
  Trucking Associations               in by provincial and territory govern-           expected to be harmonized in approach
                                      ments has been difficult with only two           and recognition, and it is expected to
                                      jurisdictions having implemented their           supplement or replace hours of service
             (continued on page 8)    respective “intra” regulations. Elections,       eventually if it proves to ensure greater
                                      local industry sector concerns and specif-       rest in drivers.




                                                                                                                               7
Second Quarter 2007                                                                                         www.cvsa.org




FMCSA Appoints the                                                                    Motor Carrier
                                                                                      Safety Advisory
Commercial Driver License                                                             Committee Named
Task Force
U.S. Secretary of Transportation Mary      Motor Carrier Industry Representatives     (continued from page 7)
E. Peters has announced the individuals    • John L. Conley, President of the
                                                                                      • Stephen Owings, President,
who will serve on the new FMCSA’s            National Tank Truck Carriers
                                                                                        Road Safe America
commercial drivers license (CDL) Task      • Anne S. Ferro, President & CEO of
Force. The Task Force will advise DOT        the Maryland Motor Truck                 • David Parker, Senior
on current impediments and foresee-          Association and former                     Legal Counsel, Great West
able challenges to the CDL program’s         Administrator of the Maryland              Casualty Co.
effectiveness and recommend measures         Motor Vehicle Administration
                                                                                      • Robert Petrancosta, Director
needed to realize the full safety poten-   • Victor S. Parra, President & CEO of
                                                                                        of Safety and Environmental
tial of the program as required by           the United Motor Coach Association
                                                                                        Compliance, Con Way Freight
Section 4135 of the Safe, Accountable,     • Joseph F. Rajkovacz, Regulatory
F lexible, Efficient Transportation          Affairs Specialist, Board Member for     • Robert Powers, Captain,
Equity Act: A Legacy for Users               the Owner Operator Independent             Michigan State Police
(SAFETEA-LU).                                Drivers Association, Inc.
                                                                                      • Karen Sain, New Entrant
    Each member brings the knowledge
                                                                                        Safety Auditor, North
and expertise needed to address the        Labor Organizations Representatives
                                                                                        Carolina Highway Patrol
issues defined in the SAFETEA-LU           • Victor G. Baffoni, Vice General
legislation:                                 Chair of the United Transportation       • Lester Sokolowski, Manager,
                                             Union representing the Los Angeles         Motor Transportation and
State Motor Vehicle Administrators           County Metropolitan Transit                Highway Traffic Safety
• Robert H. Burroughs, Assistant             Authority                                  Division, National Safety
  Chief of the Driver License Division     • Patricia Olshefski, Director of the        Council
  of the Texas Department of Public          School Related Personnel Division of
                                                                                      • J. Todd Spencer, Executive
  Safety.                                    the American Federation of Teachers
                                                                                        Vice President, Owner-
• Claudia Mellott-Koerner, Program
                                                                                        Operator Independent
  Director of the Commercial Driver’s      Judicial Representative
                                                                                        Drivers Association
  License Division of the Indiana           • G. Michael Witte, Judge – Dearborn
  Department of Revenue.                      Superior Court #1, Lawrenceburg,        • Judith Stone,
• Kevin O’Brien, Director of Motor            Indiana.                                  President/Executive Director,
  Carrier and Driver Safety Services of                                                 Advocates for Highway and
  the New York State Department of         Safety Advocates                             Auto Safety
  Motor Vehicles.                           • Gerald A. Donaldson, Highway
                                                                                      • Roger Vanderpool, Director,
                                              Safety Researcher for Advocate for
                                                                                        Arizona Department of
Government Agency Officials                   Highway & Auto Safety
                                                                                        Public Safety
• Stephen F. Campbell, Executive            • Joan D. Gay, Executive Director of
  Director of CVSA                            the North American Driver Safety
                                                                                         The exchange of ideas and
• John C. Grant, Manager of the               Foundation
                                                                                      advice the Agency receives
  Division of State and Provincial
                                                                                      through MCSAC will enhance
  Police of the International              Members are appointed to serve on the
                                                                                      FMCSA’s motor carrier safety ini-
  Association of Chief ’s of Police        Task Force for a term commencing
                                                                                      tiatives and will play a large role
• Joanna W. Liberman, Senior               March 2007 and ending November 2008
                                                                                      in helping the Agency accom-
  Legislative Associate with the           and are eligible for reappointment based
                                                                                      plish its primary mission—safety.
  National Governor’s Association          upon FMCSA’s needs at the time.




8
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SPOTLIGHT ON FMCSA’S NEW SAFETY CHIEF

Rose A. McMurray


On January 5, 2007, U.S. Secretary of
Transportation Mary E. Peters announced
the appointment of Rose A. McMurray as
Chief Safety Officer and Assistant
Administrator for the FMCSA.
   Ms. McMurray brings to her new
position more than 30 years of experience
with the Department of Transportation
(DOT). During her career, she has held
senior management and leadership roles
at several DOT modes, including the
National Highway Traffic Safety
Administration (NHTSA), the Federal
Highway Administration (FHWA), the
Federal Transit Administration (FTA),        ments and program management. I                      Officer for FMCSA and I also serve as
and the Research and Innovative              served as the Chief Financial Officer at             Assistant Administrator. My job is
Technology Administration (RITA) (for-       other DOT agencies before I began                    unique because not only is it the senior-
merly the Research and Special Programs      working in commercial vehicle safety at              most career position at the Agency, it
Administration) where she served as          FMCSA – back when it was still an office             also requires Presidential approval. I
Acting Administrator for one year. Since     within FHWA. At NHTSA, I served as                   report to Administrator John Hill and to
2003, she has served as FMCSA’s              the head of traffic safety programs, which           Deputy Administrator Dave Hugel, who
Associate Administrator for Policy and       was a quite a challenge because the issues           were both appointed by President Bush.
Program Development.                         covered the full range of driver behavior            One of my roles is to provide “organiza-
   Ms. McMurray recently sat down            programs. It included promoting the use              tional stability” whenever there might be
with CVSA’s Guardian for an interview.       of motorcycle helmets and directing                  a change in political leadership. I serve
                                             national safety belt campaigns and                   in a capacity similar to a chief-of-staff, so
Q: You have an extensive background          impaired driving prevention programs. It             I am responsible to ensure that our oper-
in transportation having served in           was at NHTSA where I furthered a deep                ations and our programs run effectively,
leadership roles at five modal adminis-      and abiding appreciation for the work                that we have well trained and well man-
trations. How do you see your experi-        done by our state partners, especially by            aged staff throughout the country, and
ence helping you in your new position        our law enforcement colleagues. I believe            that we are prudent stewards of our
and do you think you see things from         we strengthened our collaborative safety             financial resources that have been appro-
a different perspective than others          efforts across the nation. So, yes, it’s real-       priated by Congress.
who might not have worked at differ-         ly been a melding of many different expe-                In my role as Assistant Administrator,
ent agencies in addition to FMCSA?           riences in my background that has pre-               I am the deciding official for all adminis-
                                             pared me for my current role.                        trative appeals from motor carriers that
A: That is an excellent observation. I                                                            contest unfavorable safety ratings or civil
agree that the richness and variety of my    Q: Can you explain what your role is                 penalties and fines that have been
experiences at DOT has provided me           and where it fits in with DOT and                    imposed by the Agency.
with many unique insights about manag-       FMCSA priorities?                                        Our Agency priorities are determined
ing large organizations. A sizable part of                                                        by the Administrator and are embedded
my career was devoted to finance and         A: I have two titles and two major                   in our strategic plans, our budget requests
budget operations, organizational assess-    responsibilities. I am the Chief Safety              and our appropriations from Congress. I




                                                                                                                                             9
Second Quarter 2007                                                                                                    www.cvsa.org




oversee our CSA2010 initiative –               same way. He has sought to expand             say to CVSA members? What might
Comprehensive Safety Analysis with             the understanding and the involvement         they expect in the future?
implementation in the year 2010. This          of state government leaders in
initiative is a strengthening of the way       MCSAP program activities. One of              A: I want to make sure we work togeth-
FMCSA conducts its compliance and              the ways he has done this is with the         er as cooperatively as possible. I also
enforcement business. It is a major prior-     MCSAP Leadership Conference. We               mean that at a state-to-state level as well
ity of Administrator Hill and it is exciting   are very pleased to see senior officials,     as a federal-to-state-to-local level.
to be overseeing its development.              including state legislators, learn about      There are great ideas and successful pro-
    Other activities I am involved with        MCSAP opportunities and to network            grams around the county. I want to
include working with our program staff         with other state leaders on the topic of      encourage innovation and I want to
and our state partners to ensure that our      commercial vehicle safety. We believe         expand empowerment.
MCSAP grant funds are making a strong          by “harmonizing” state programs and               For example, are there programs and
impact in reducing commercial motor            initiatives with federal grant opportu-       practices piloted in localities and states
vehicle fatal crashes. I am also involved in   nities and strategies, we will gain           that could be expanded or replicated
all the major initiatives and management       greater safety benefits across the board      elsewhere using MCSAP funds? The
                                                                                             Washington state “Ticketing Aggressive
                                                                                             Cars and Trucks – TACT” program is a
                                                                                             great example of regional creativity and
      We believe by harmonizing state programs                                               innovation that lends itself to adoption
                                                                                             elsewhere. FMCSA can provide finan-
                                                                                             cial support. There are other ideas to
     and initiatives with federal grant opportunities                                        reduce CMV crash fatalities that may
                                                                                             not have been tried but which are eligi-
            we will gain greater safety benefits...                                          ble for pilot funding through our
                                                                                             MCSAP grants. So I will be challenging
                                                                                             CVSA and its members to think innova-
                                                                                             tively and to continue to work coopera-
challenges faced by the Agency. It is my       in the near and longer term. We are           tively together.
focus to keep things on track and running      grateful to CVSA for their good work.             During my entire DOT career, I have
efficiently, and to work with Administrator    We appreciate CVSA coordinating               held the highest respect for state law
Hill, Deputy Administrator Hugel and our       their spring workshop with our                enforcement. They are on the “front
senior leadership team to achieve our          MCSAP Leadership Conference. It’s             lines” every day conducting roadside
Agency’s goals.                                a win-win for all.                            inspections and compliance reviews.
                                                   My personal priorities include con-       Everyone’s contribution is important. So
Q: With regard to the MCSAP pro-               tinuing to expand our dialogue with our       I would encourage CVSA members to
gram, what are your short- and long-           state partners. We have to continue to        continue to innovate, collaborate, and
term goals and priorities?                     learn from one another and continue to        communicate. You have my pledge of
                                               look for ways we all can do a better job in   continuing support from FMCSA.
A: First, our MCSAP partners are vital         driving down the CMV-related crash            Please let us know what we can do to
to our collective efforts to improve           fatality numbers. It is all about working     help you achieve greater success. We
commercial vehicle safety. I am so             together – that’s the only way to success.    have a common goal and I am optimistic
grateful for their good work every sin-                                                      we can achieve it. Let’s continue to work
gle day to make our roadways as safe as        Q: How do you envision your role              together — because we all share the
possible. Administrator Hill feels the         with CVSA? What would you like to             challenge together.




10
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What the U.S. – Mexico Demonstration
Program Is Really About
By William Quade, FMCSA Director of Enforcement and Compliance



No doubt you have seen the headlines                                                             be verified using Query Central.
about allowing trucks from Mexico to                                                             Absence of this requirement should
enter the U.S. and drive beyond the bor-                                                         result in the vehicle being placed out of
der zones. But what is this really about?                                                        service.
    First, a bit of background: The North                                                            One key provision of the authority
American Free Trade Agreement                                                                    granted to these is that they will not be
(NAFTA) was approved by Congress in                                                              allowed to make point-to-point deliver-
1993 and it set a timetable to provide                                                           ies in the U.S. This is called cabotage
Mexican trucking companies with                                                                  and violating this means the carrier is
authority to operate beyond the com-                                                             operating beyond the scope of their
mercial zones – first throughout the bor-                                                        authority and, consequently, should be
der states and then, by 2000, full access                                                        placed out of service.
throughout the country. Obviously, this                                                              Another piece to remember is that
did not occur.                                                                                   transporting hazardous materials or pas-
    Over the years our country’s obliga-                                                         sengers is prohibited in this demonstra-
tion to implement the provisions of           tant to the success of this program. Here          tion program. If a Mexican HAZMAT
NAFTA has been confirmed by an inter-         are a few things I want to specifically            hauler or passenger carrier is found oper-
national arbitration panel and the U.S.       point out.                                         ating beyond the Commercial Zones, this
Supreme Court. This culminated last                                                              is a severe violation and that vehicle and
month when Secretary Peters announced         • Your first question might be: how do             driver should be placed out of service.
a pre-authority on-site inspection pro-         we identify these trucks? The answer                 Finally: crash data. Crash data is always
gram and the demonstration program to           is: “Look for the X.” Immediately                important, of course, but it will be especial-
allow a limited number of Mexican long-         after their USDOT number will be                 ly important for us to know if a Mexican
haul trucks to operate in the U.S.              the letter “X.”                                  carrier is involved in a crash while partici-
    Specifically, it is a one-year program                                                       pating in this demonstration program. If
that will allow 100 Mexican carriers to       • Next: every truck used in the U.S. by            your officers are called to a crash and it
operate in the U.S. and, for the first time     Mexican carriers must display a valid            involves a Mexican-based carrier, I ask that
ever, allow U.S. trucking companies             CVSA decal. If it does not have one,             your FMCSA Division Administrator be
access to Mexico.                               or if the one it has is close to expiring,       contacted as soon as possible.
    Drivers from Mexico will be subjected       it should be immediately inspected.                  The partnership of the states in the
to the same standards as U.S. drivers.                                                           U.S. – Mexico demonstration program is
They must hold a valid U.S. or Mexican           • If a Mexican-based driver lacks a             critical. We have put in place layers of
commercial driver license (CDL) and                valid CDL or Mexican Federal                  safeguards. And as U.S. Secretary of
comply with all federal safety regulations.        License – that driver should be               Transportation Mary Peters recently tes-
These include drug and alcohol testing,            placed out of service.                        tified before the Senate Appropriations
medical qualifications, and compliance                                                           Subcommittee for Transportation, the
with U.S. hours-of-service regulations.          • If a Mexican-based carrier lacks              Southern Border Program “safeguards
Mexican drivers must be able to commu-             valid operating authority – that              the safety and security of our transporta-
nicate in and understand English.                  vehicle should be placed out of               tion network even as we strengthen trade
                                                   service.                                      with a close neighbor and important
What Does It Mean For the States?                                                                partner … this will create new opportu-
The assistance of all of our state and           Mexican carriers must hold insurance            nities, new hope, and new jobs north and
local inspectors will be critically impor-    from a U.S.-licensed company. This can             south of the border.”




                                                                                                                                           11
Second Quarter 2007                                                                                                 www.cvsa.org




Operating Authority – Then & Now
By Capt. John E. Harrison, CVSA President




This is the first article in a series about    Nationwide general commodity authori-        obligation to provide equal service to
the history, complexities, and future of       ty being granted to a carrier was unheard    all. In other words, the small towns off
operating authority. This first article will   of. It was not uncommon for a less-than-     the beaten path were served at the same
focus on the history of operating              truckload (LTL) shipment going from          rate as towns with a large industrial
authority.                                     the west coast of the U.S. to the east       base. The carriers with operating rights
                                               coast to be handled by three or four car-    could not discriminate among cus-
Operating authority for the transporta-        riers. The shipments were interchanged       tomers. Such discrimination would
tion of property and passengers dates          or handed off along the way from one         draw large fines or sanctions from the
back to the 1930’s. Trucking was just          carrier to another with each carrier         ICC. Consequently, these operating
emerging at that time and was becoming         receiving a pro-rated share of the freight   rights franchises were very valuable
a necessary public service in many areas       charge. Truckers often grumbled that         because only a limited number of carri-
of the U.S. The task of regulating the         they could not get 48 state general com-     ers had them in each area. Banks recog-
trucking industry was given to the             modity authority, but if such authority      nized these “rights” as collateral.
Interstate Commerce Commission                 would have been granted then the truck-          There were originally two categories
(ICC) by the passage of the Motor              er would have been obligated to provide      of commodities (and still are), exempt
Carrier Act of 1935. The ICC, original-        such service. For example, if a motor car-   and not exempt (or regulated). Exempt
ly created in 1887 to regulate the railroad
industry, essentially controlled all rates,
services, and safety of motor carriers.              Operating authority occupied a low priority...
The trucking industry eventually was
compared to public utilities, like power
and telephone service, and was regulated         until Congress began to look at it as a new tool to
accordingly. Consequently, some of the
earliest state agencies that regulated              encourage compliance with safety regulations.
trucking were public utility commissions.
    Operating authority, or sometimes
referred to as “operating rights,” was         rier from Georgia was granted 48 state       commodities generally are unmanufac-
basically a business license or franchise to   authority and someone called from            tured in nature, such as fruit or live-
provide for-hire transportation service.       Oregon and wanted a load transported         stock, and regulated commodities are
As a condition of being issued operating       25 miles across the state line to            usually manufactured or processed
authority, the motor carrier was given a       Washington state, then that motor carri-     products. The federal operating author-
certain territory which it was obligated       er would be obligated to drive from          ity requirements apply only to regulated
to serve. The rates were set by the ICC at     Georgia to Oregon to transport that load     commodities.      Because     operating
a level that was considered fair to the        or face sanctions for failure to provide     authority was difficult to obtain, many
public, but at the same time ensured a         service. Consequently, operating rights      independent truckers hauled only
fair profit to the motor carrier; hence this   were often limited in scope. For example:    exempt commodities. This exempt and
type of transportation regulation was          “You are hereby authorized to transport      regulated system of products lent itself
often referred to as “economic regula-         carpet between all points in Georgia on      to certain types of illegal operations.
tion” or “economic enforcement.”               the one hand, and all points in the U.S.     Truckers that hauled regulated com-
    A limited number of carriers were          on the other.” This meant that the truck-    modities without the proper operating
granted “rights” for certain geographic        er was only obligated to provide service     authority were coined “Wildcatters” and
areas to ensure the public was adequate-       to and from Georgia.                         the loads they hauled were often
ly served, but at the same time not flood-         These limited territories were pri-      referred to as “Hot Loads.” Often times
ing the market with competition.               marily set up because of the licensee’s      these Wildcatters would try and hide




12
                                                                                    Guardian C        V   S   A     N    E    W     S




the fact they were transporting a hot        no longer as an economic regulatory           ture is not satisfactory.
load by creating false bills of lading to    tool, but rather a tool to ensure motor           Many of the underlying exemptions
make it look like they owned the load        carriers comply with safety regula-           and laws remain today just as they were
and were operating as a private carrier. I   tions and maintain a satisfactory safe-       before deregulation. In the next issue I’ll
can remember many times stopping a           ty posture. Operating authority is            talk about the complexities of operating
refrigerated trailer rig with its reefer     often suspended for failure to comply         authority, who needs it, and many of the
unit running, being given a bill of lading   or permanent authority may not be             issues facing the roadside officer regard-
showing produce as the commodity,            granted if a new carrier’s safety pos-        ing enforcement. Stay tuned!
only to open the trailer and find house-
hold appliances being chilled to protect
from the harsh summer temperatures!                     N E W C V S A A S S O C I AT E M E M B E R S
    During the Jimmy Carter adminis-
                                                                       All in the Family Moving & Storage
tration, the term deregulation became
                                                                             Ancra International LLC
popular and in 1980 operating author-
ity went through a big makeover. Ease                    Associación Nacional de Productores de Autobuses, Camiones y
of entry and more competition in the                                    Tractocamiones, A.C. (ANPACT)
transportation business came about.                                                BakerCorp
Deregulation meant, as we say in the                                     C & S Wholesale Grocers, Inc.
south, “everybody and his brother got                                          Code Corporation
a truck.” Deregulation meant operat-                                  Commercial Vehicle Consultants, Inc.
ing authority was relatively easy to                                        Commonwealth Bolt, Inc.
obtain and therefore many more                                                   GeoDecisions
trucking companies were vying for the                                       highwaySTAR Magazine
same freight. As a result, freight rates                          International Electronic Machines Corporation
today are in many cases less expensive                                        J & L Windows, Inc.
than they were 30 years ago. This is
                                                                            Jeff Foster Trucking, Inc.
great for most consumers but not so
                                                                            Lees Towing & Co., Inc.
kind to some truckers. Moreover,
                                                                                   Linde Gas
those banks holding operating author-
                                                                               Link-Radlinski, Inc.
ity certificates as collateral were left
with worthless pieces of paper.                                             Mackie Moving Systems
Obtaining operating authority became                                      Magtec Products (USA), Inc.
only a matter of paying a $300 fee, fill-                                   Metal Management, Inc.
ing out a short application, and main-                              Midwest Specialized Transportation, Inc.
taining proof of insurance.                                               Mountain States LP Gas Co.
    After deregulation economic regu-                                        Naso Contracting, Inc.
lation of motor carriers began to take                                National Horse Carriers Association
a back seat to safety regulation. In                                    Nestle Transportation Company
1995 the ICC was sunsetted and its                                          Nick Greyland Trucking
responsibilities were transferred to the                                       Optima Associates
USDOT. Between 1996 and 2002,                                                Otto Nussbaum GmbH
operating authority occupied a low
                                                                             Pamar Enterprises, Inc.
priority position within USDOT until
                                                                          Plains Marketing Canada L.P.
Congress began to look at operating
                                                                       Rubber Manufacturers Association
authority as a new tool to encourage
                                                                         Sandia National Laboratories
compliance with safety regulations.
Operating authority also became a key                                       SmartDrive Systems, Inc.
component of the NAFTA and New                                    Transport Safety & Compliance Systems, Inc.
Entrant program. At the urging of                                         United Global Logistics, Inc.
Congress, USDOT in 2002 made fail-                                          W J KNOX Services, Inc.
ure to have valid operating authority                                           Wright Line, LLC
when required an out-of-service item.                                      Zachry Construction Corp.
Now operating authority’s purpose is




                                                                                                                                  13
Second Quarter 2007                                                                                                   www.cvsa.org




COHMED Conference Provides Program
Overview,Venue for Like-Minded Groups
By Maj. Ken Carr, COHMED National Chairman, Florida DOT/Motor Carrier Compliance Office



The 2007 Cooperative Hazardous                   benefit from the information provided by   Chair for the previous two years and a
Materials Enforcement Development                the conference.                            presentation by Vice-Admiral Thomas
(COHMED) Conference is now in the                   The 2007 Salt Lake City conference      Barrett, Administrator for the PHMSA
history books. Nearly 200 representatives        included training in various subjects,     at the hosted luncheon.
from industry, local, state and federal law      including:                                     Attendees were treated to a banquet
enforcement agencies, and federal regula-         • handling propane emergencies;           at the Utah Olympic Park in Park City,
tory agencies from almost every state and         • transportation of radioactive materi-   UT, which was the site of many of the
Canadian province came together January             als;                                    2002 Winter Olympics events. The
2007 in Salt Lake City, Utah.                     • transportation of hazardous waste;      museum and attractions at the park
    For those of you who may be unfamiliar        • Department of Defense shipments;        allowed attendees to experience the sight
with the COHMED program, it is an out-              and,                                    of ski jumpers and bobsledders blasting
reach and training program of CVSA. It is         • infectious substances.                  down their respective hills at amazing
held each year in January and provides a                                                    speeds. The food was great too!
non-adversarial venue for the diverse group         Regulatory updates were provided in a       The final session of the conference
of attendees to discuss issues of mutual con-    general session and featured James         was the well-attended and well-received
cern, as well as receive training on a variety   Simmons, Chief of the Hazardous            Interviewing Techniques for Security
of topics regarding hazardous materials          Materials Division in the FMCSA, Bob       Purposes. This session was taught by
transportation. I say “attendees” rather than    Richard, Deputy Associate Administrator    David Proctor, an instructor at the
members, since there are no COHMED               for Hazardous Materials Safety of the      Federal Law Enforcement Training
members, nor is it necessary to be a mem-        Pipeline and Hazardous Materials Safety    Center, located in Georgia. This lively
ber of CVSA in order to participate.             Administration (PHMSA); and Edgar          and very informative session was one of
Anyone with an interest in hazardous             Ladouceur, Director of Compliance and      the favorites as reflected by the confer-
materials transportation who believes they       Response with Transport Canada.            ence critiques. And, it has already paid
can benefit from the information provided           An overview of the U.S. Department      off for a couple of Missouri officers who
is welcome. Additionally, COHMED has             of Transportation Shipper Review           seized 382 pounds of cocaine utilizing
provided a venue for like-minded groups          Program was provided by James              techniques learned in the course.
such as the CVSA / DOE Level VI inspec-          Simmons and Ryan Posten, the newly             The COHMED leadership is cur-
tion program managers and trainers, the          appointed Director of the Office of        rently in the process of planning for the
Alliance for Uniform Hazardous Materials         Hazardous Materials Enforcement at         next conference in Savannah, Georgia.
Transportation Procedures (The Alliance),        PHMSA. Additional activities included      Please visit the CVSA website for the
and the FMCSA’s Cargo Tank and                   recognizing Capt. Bruce Bugg of the        latest information regarding the 2008
Hazardous Materials Technical Advisory           Georgia Department of Public Safety for    conference, and for a listing of the cur-
Groups, to hold concurrent meetings and          his service as COHMED National             rent COHMED leadership.
                                                                                                 I hope you will seriously consider
                                                                                             attending or sending personnel to the
   TRADE SHOW SCHEDULE
                                                                                             2008 conference in Savannah. Like the
   CCMTA Annual Meeting, May 13-17, Edmonton, AB                                             vast majority of attendees, I believe you
   The Truck Show, June 7–9, Las Vegas, NV                                                   will find it to be interesting, informa-
   S&LPMC Safety & Human Resources National Conference & Exhibition,                         tive, and a lot of fun.
     September 19-21, Pittsburgh, PA
   The International BoatBuilders’ Exhibition & Conference,                                 (In Salt Lake City, Major Carr was
     October 10-12, Miami, FL                                                               installed as COHMED National Chair for
   ATA Management Conference & Exhibition, October 20-23, Orlando, FL                       the next two-year term ending in January
                                                                                            2009.)




14
                                                                                       Guardian
                                                                                             C    V    S    A        N    E    W     S




CVSA President Presents Five Members with
Recognition Awards

In recognition of their commitment to
highway safety, outgoing CVSA
President Donald Bridge, Jr. recognized
several individuals during CVSA’s Annual
Conference in Atlanta. Each of the 2006
regional presidents and committee chairs
were presented with a certificate of appre-
ciation. In addition, five were presented
with a Presidential Award.
    The first Presidential Award went
to Sgt. Dave Feather of the Virginia
State Police.
    “Dave is a dedicated professional who
I have the utmost respect and admira-
tion,” said Bridge. “He is a founder and a    American Inspectors Championship              cial vehicle safety and hazardous materials
corner stone of the North American            (NAIC). He is also the current vice-chair     transportation inspection. The distribu-
Standard Inspection Program.”                 of the Hazardous Materials Committee.         tion of ISP’s videos extends to our mem-
    Feather began his law enforcement             Dave’s participation includes working     ber enforcement agencies and associate
career in June 1975 in the Northern           closely with the National Training Center     members throughout the U.S., Canada
Virginia area. In March of 1986, he           as an active participant on the Education     and Mexico.”
entered the Motor Carrier Safety              Quality Assurance Team (EQAT). In                 “This team of multimedia profession-
Program with the Virginia State Police.       addition to working closely with the          als works tirelessly with several subject
A year later, he was promoted to Sergeant     Idaho State Police Multimedia Section as      matter experts to create and maintain the
and was honored with badge number             the subject matter expert and/or actor, he    core North American Standard Inspection
263, which was the badge number of our        has been available to assist and answer       Program course material, including the
current lead agency contact for the com-      questions 24/7 during every phase of          instructional training DVDs and associ-
monwealth of Virginia, Lt. Herb Bridges.      development, whether it’s a course DVD        ated inspection videos for roadside
During his 32-year tenure with the            or developing videos such as, Intermodal      inspectors.”
Virginia State Police, he has completed       Tank Inspection, Inspecting MC-331                Specifically, ISP develops the follow-
hundreds of safety inspections, has taught    Cargo Tanks and the new Passenger             ing: North American Standard Inspection
a variety of roadside inspection courses      Vehicle Inspection videos.                    Part “A” & “B;” Passenger Vehicle
and has been involved with the develop-           This second Presidential award went to    Inspection or Motorcoach Inspection;
ment and maintenance of several of the        the Idaho State Police (ISP) Commercial       General Hazardous Materials; Cargo
North American Standard Inspection            Vehicle Safety Multimedia Group, includ-      Tank Inspection; Other Bulk Packaging;
courses. Examples include, the General        ing Byron Diehl, Ken Albrecht, Mark           and, Advanced Level I Inspection which
Hazardous Materials course. He also split     Mills, and Lamont Johnston.                   is currently under development. In addi-
the Cargo Tank inspection course into             “This group of individuals is a part of   tion, the ISP multimedia team is the cre-
two courses Cargo Tank and Other Bulk         the foundation for the success of the North   ative design behind a variety of other
Packaging and redesigned the Cargo            American Standard Inspection Program and      inspection focused training videos includ-
Tank Facility Review and Passenger            have been developing quality instructional    ing the annual NAIC motivational and
Vehicle Inspection or “Motorcoach”            videos for roadside inspectors since 1989,”   highlight video. ISP is currently expand-
courses. In addition, Dave has taught sev-    said Bridge. “They work directly with the     ing their focus and filling an important
eral HAZMAT courses during in-service         FMCSA National Training Center under          void by working with and assisting our
training with the Virginia State Police       a high priority grant from the Motor          member jurisdictions with the translation
and for several years has assisted with       Carrier Safety Assistance Program. The        of all of the North American Standard
contestant training and inspection prob-      material produced provides timely infor-      Inspection training videos and course
lem development for the North                 mation on a variety of topics on commer-      material into French and Spanish.




                                                                                                                                   15
Second Quarter 2007                                                                                                         www.cvsa.org




COVER STORY

Challenges and the Road Ahead
By Vice Adm. Thomas Barrett, Acting Deputy Secretary of the U.S. Department of Transportation




Too often, safe and reliable transporta-      commands our unrelenting attention.               protect people the
tion and the independence that comes              We’ve come a long way when it                 best we possibly can.
along with it is taken for granted.           comes to safety. In 2004, the fatality            We simply have to
   We do not often stop to think about        rate on the nation’s highways was the             do better at this.
how we got from point A to point B            lowest since record keeping began more                I’m confident
how a produce truck arrived from a far-       than 30 years ago.                                that there is no one
away farm or how that plasma screen TV            But despite the improvement, vehicle          better equipped to
made it to our local mall safe and sound      crashes are still the leading cause of            take on this life-sav-
from a distant factory. That’s a shame        death for Americans age four to 34. In            ing mission than the people in this room
because our modern-day transportation         2005, more than 43,000 people lost their          and your colleagues in the field. Our task
system provides us with unparalleled          lives on our Nation’s roads. More than            is not easy. Today the amount of miles
freedom and unlimited opportunity.            5,500 of those deaths involved large              traveled by America’s trucks and buses is
   Since our Nation’s earliest days, trans-   trucks and buses.                                 growing faster than any other type of
portation has been at the core of the free-       In April, all of us got a stark reminder      vehicle. This increase in mileage means an
doms we enjoy as Americans – freedom          of the challenges we face when a bus car-         increase in our shared responsibility.
to go where life takes us freedom to put      rying a college baseball team from Ohio               Together, federal and state govern-
down roots where we choose and free-          crashed here in Atlanta.                          ments and our partners in industry and
dom to pursue happiness in our lives.             Our hearts and our deepest sympathies         groups such as CVSA are taking aggres-
   From the vantage point of more than        go out to the families of those who lost          sive steps to reduce the number of crash-
30 years with the Coast Guard, and now        loved ones in that tragedy. No one ever           es, fatalities, and injuries involving trucks
in my current joint role as Acting            wants to learn a son or daughter is not           and buses on America’s roads and, in
Deputy Secretary and head of the              coming home, and no one wants to have to          doing so, helping to keep transportation
Pipeline and Hazardous Materials              make such a notification to a parent.             delivering freedom and opportunity.
Safety Administration, from which I               I know those of you here today under-             Last year, more than 13,000 federal
recognize many familiar faces in this         stand safety is about far more than statis-       and state inspectors conducted more
room, I recognize that safety is central to   tics; each of the statistics I cited represents   than three million roadside inspections
our freedom of mobility.                      a personal loss and heartbreak. And I             more than 15,000 compliance reviews
   That’s why at the Department of            know you understand each of us has an             and nearly 40,000 new entrant safety
Transportation, making our roads, rails,      obligation to do our jobs as well as we can       audits. That’s pretty impressive when you
airways, pipelines, and waterways safer       every day to prevent such tragedies and           consider the size of the country, and the
                                                                                                scope of our enforcement duties.
                                                                                                    What are even more impressive are
                                                                                                the life-saving results these efforts are
                                                                                                producing. We estimate that between
                                                                                                2002 and 2004, an average of more than
                                                                                                2,100 crashes and more than1,500
                                                                                                injuries were avoided per year, as well as
                                                                                                86 lives being saved based on compliance
                                                                                                reviews alone.
                                                                                                    I have a great personal and profes-
                                                                                                sional respect for state safety officials and
                                                                                                the work they do to save lives and pre-
                                                                                                vent injuries on our Nation’s roads and
                                                                                                highways. And I want you to know that




16
                                                                                          Guardian     F    E    A    T   U    R    E    S




your efforts do not go unnoticed or              activities, ranging from inspections to
unappreciated.                                   compliance reviews, to improving crash
    This is especially true for those of us      data to public education. Additionally,
like me who have witnessed you in action.        thanks to the 2005 surface transportation
At the Pipeline and Hazardous Safety             bill, states now have discretion to raise
Administration, we work with state and           the commercial safety bar even higher by
local inspection and enforcement officials       using these funds for non-commercial
and our stakeholders to make sure the            traffic enforcement.
more than 3 billion tons of regulated haz-           We have seen how effective this
ardous materials that cross the country          approach can be, especially when target-
annually arrive safely at their destination.     ing aggressive driving around trucks and
    I’ve spent a good deal of my career          buses. I know many of you are familiar
among law enforcement and other first            with Washington State’s Ticketing
responders, the police officers, firefighters,   Aggressive Cars and Trucks initiative,            New approaches and fresh thinking
and safety officials who are often first on      which combines high-visibility enforce-       like these programs will help save lives
the scene on those occasions when some-          ment with education to decrease unsafe        and prevent injuries. Safety is a crucial
thing goes wrong. I’ve been impressed            driving practices.                            ingredient to a growing economy like
with their training, and their commitment            The preliminary results of this           ours, one that relies on strong cross-bor-
to saving lives and helping communities          enhanced safety program are encourag-         der trade with our neighbors to help us
return to normal as quickly as possible.         ing. Together, DOT and Washington             keep our economic leadership position in
    I’m also impressed with the excellent        officials found not only did drivers get      the global marketplace.
                                                                                                   Fourteen years after the U.S., Canada,
                                                                                               and Mexico agreed to open our shared
                                                                                               borders, nearly 2.2 billion dollars in trade
          ...the excellent job done by the inspectors,                                         flows between our three countries on a
                                                                                               daily basis. And I appreciate the fact that
           often unsung heroes whose difficult work,                                           representatives from Mexico and Canada
                                                                                               are here with us today in Atlanta to work
     often under tough conditions, prevents incidents                                          with us on safety issues. As you know,
                                                                                               most of this cross-border trade – 75 per-
                  from happening in the first place.                                           cent – is carried by commercial trucks,
                                                                                               including thousands of Mexican trucks
                                                                                               that arrive in U.S. commercial zones each
job done by the inspectors, often unsung         the message loud and clear about the          day. Until now, these trucks have had to
heroes whose difficult work, often under         dangers of cutting off large trucks, but      stop at artificially drawn lines about 25
tough conditions, prevents incidents             overall, the rate of aggressive driving was   miles inside our border. There, they sit
from happening in the first place.               reduced by half.                              and wait, sometimes idling for hours until
They’re true professionals, careful and              Other states are using this pilot as a    U.S. trucks arrive and switch the cargo.
thorough, and we couldn’t have built the         model to create similar programs that suit        This inefficient process wastes time,
impressive safety record we have today           local safety needs. Under Commissioner        energy, and money. But, this will soon
without them. Inspection programs                Howard        in     Kentucky,      Vehicle   change. We recently launched a limited,
across the country are an outstanding            Enforcement has joined with the truck-        one-year demonstration program that will
example of federal and state govern-             ing industry to begin a new program in        permit up to 100 Mexican trucking com-
ments working together to improve safe-          which officers ride shotgun with truckers     panies to make deliveries beyond commer-
ty, prevent crashes, and save lives on our       to monitor and ticket aggressive drivers.     cial zones at the border. It also will allow
roads and highways.                                  Using a radar gun and a radio, the in-    an equal number of U.S. trucking compa-
    One of the primary ways the federal          cab officers are able to catch problem        nies to cross the border and compete
government supports these efforts is             drivers without being spotted. The offi-      directly in Mexico for the first time ever.
through the MCSAP program, which, in             cers can then radio ahead to police cruis-        While seizing commercial opportuni-
2007, will make a total of 188 million           ers, who make the final stop and issue        ties is important, doing it safely is vital.
dollars available to states. As you well         citations. In a period of three hours,        So, we have put in place stringent safety
know, the money can be used for a wide           more than 100 tickets were issued to car      and security programs to keep our roads
variety of commercial vehicle safety             drivers and truckers alike.                   and our people safe. All told, 540 federal




                                                                                                                                        17
Second Quarter 2007                                                                                                     www.cvsa.org




and state inspectors are already on the       officers across the U.S. by the end of this
job. These inspectors are highly skilled,     year at the latest.
and they are working at modern facilities         The cross-border trucking demon-
with state-of-the-art equipment. As           stration program is designed to show
these trucks move beyond the border           Congress and the American people that
areas and through your states, you will be    we are ready, willing, and able to keep
critical to the success of this program as    our roads safe. You’re the key to making
well. Your roadside inspections are key to    this project a success. I know we can
ensuring both drivers and their vehicles      count on each of you to do just that.
are safe to make deliveries in the United     Through the demonstration program,
States. That’s why FMCSA is partnering        we’re making a tremendous new invest-
with the International Association of         ment in the safety and security of our        On behalf of President Bush, Secretary
Chiefs of Police to conduct training that     roads. And we’re expanding freedom cre-       Peters, and the American people, thank
teaches officials how to handle the           ating a more efficient border and build-      you for all that you already do every day
Mexican trucks that will be operating         ing a stronger American economy.              to make this safety promise a reality.
beyond the border commercial zones.               We need your help to keep it that         Keep up the terrific work!
    We’ve already trained over 200 law        way. No one is better equipped to save
enforcement officers to instruct others       lives and ensure safety than the men and      President Bush nominated Vice Admiral Tom
about how to identify a Mexican motor         women on the front lines every day. And       Barrett as Acting Deputy Secretary of the
carrier, how to verify a Mexican driver’s     while your job is tough there is no one       U.S. Department of Transportation. Admiral
commercial license how to determine if        better suited to carry out your critical      Barrett will have the dual responsibility of
the carrier is operating within its author-   duties ensuring the safety of America’s       serving as Acting Deputy Secretary, while
ity and who to call if they need addition-    roads and highways. Today let us renew        continuing his duties as Administrator of the
al assistance with truck-specific issues.     our pledge to do everything we can to         Pipeline and Hazardous Materials Safety
Our goal is to reach out to the more than     keep our trucks and buses safe and secure     Administration (PHMSA). He began his role
500,000 state and local law enforcement       when they’re on our roads and highways.       as Acting Deputy Secretary on March 5.




18
                                                                                       Guardian    F    E   A    T    U   R    E    S




States Recognized for Safety Leadership by
FMCSA Administrator John H. Hill




FMCSA Administrator John H. Hill              state’s traffic enforcement activity com-        Eastern Service Center – Vermont
presented, for the first time, motor carri-   pared to the nation as a whole in calen-         Western Service Center – Washington
er safety leadership awards at the CVSA       dar years 2004 and 2005, and divided by          Midwestern Service Center – Michigan
Annual Conference to several of state         the ratio of that state’s inspections rela-      Southern Service Center – Tennessee
partners who have demonstrated their          tive to the nation as a whole in those
leadership and continuing commitment          same years. Regarding the fatality rate           “FMCSA also encourages states,
to improving motor carrier safety.            measure, FMCSA calculated urban and           through the annual MCSAP planning
    The first group of honors, called the     rural large truck fatality rates for each     memo, to create and implement compli-
Motor Carrier Safety Leadership               state for calendar years 2001 through         ance review programs,” said Hill. “We
Awards went to four states, one in each       2005 and compared that to a vmt-              have challenged states already conducting
Service Center, selected on the basis of      weighted average of large truck urban         CRs to increase their CR activities. The
three important elements of the Motor         and rural fatality rates nationwide.          second group of awards will go to the four
Carrier Safety Assistance Program                 “Using this fatality rate measure, we     states, one in each Service Center, who
(MCSAP). These include: (1) the con-          were able to control for the percentage       have stepped up and accepted our chal-
centration of each state’s roadside           of urban and rural highway travel in          lenge by conducting the greatest number
inspection program that involves traffic      each state, which we felt made for a          of compliance reviews in 2005,” said Hill.
enforcement activity, compared to all         more equitable comparison among                   FMCSA selected the one state from
other states in calendar years 2004 and       states,” said Hill. “These two ratios,        each Service Center that conducted the
2005; (2) each state’s large truck and bus    measuring traffic enforcement concen-         most compliance reviews. In order to
fatality rates between calendar years         tration and large truck fatality rates over   eligible for this award, the state had to
2001 and 2005, controlling for differ-        time, were then combined to create a          have conducted at least 200 compliance
ences among States in urban and rural         total score from which each state was         reviews in 2005.
miles traveled, and (3) a state’s sustained   ranked numerically. In order to be eligi-
commitment to data quality.                   ble for these awards, we then applied the        Southern Service Center – Texas
    “These three factors are important        data quality measure, where the state            Western Service Center – Utah
elements of the MCSAP Program, as             had to have a “green” or good overall rat-       Midwestern Service Center – Kansas
they are emphasized each year in the          ing for data quality according to the lat-
MCSAP Planning Memo,” said Hill.              est public State Safety Data Quality
“As such, I feel as though they serve a       Map results. We then chose to recog-
strong basis for recognizing the              nize the one state in each Service Center
accomplishments of several of our             that achieved the highest ranking.”
state partners.”                                  The following states were presented
    For the traffic enforcement measure,      with the Motor Carrier Safety Leader-
FMCSA calculated the ratio of each            ship Awards:




                                                                                                                                   19
Second Quarter 2007                                                                                                  www.cvsa.org




CONFERENCE HIGHLIGHTS

CVSA Takes Action to Amend the North
American Standard Out-of-Service Criteria

At the March 30, 2007 meeting in              Transportation 2002 Appropriations                 more than 90 days, but nothing in
Atlanta, the Executive Committee unan-        Act. Section 350 of the Act, Safety Of             this paragraph shall be construed to
imously approved an Issue/Request for         Cross-Border Trucking Between United               preclude the Administration from
Action submitted by FMCSA regarding           States and Mexico, specified these                 requiring reinspection of a vehicle
certain Mexico domiciled motor carriers       requirements, one of which was the                 bearing a valid inspection decal or
operating in the U.S. The request was to      following:                                         from requiring that such a decal be
amend Part IV of the North American                                                              removed when a certified Federal
Standard Out-of-Service Criteria (OOSC)       (5) requires, with the exception of                or State inspector determined that
by adding item 2 to allow long-haul (not          Mexican motor carriers that have               such a vehicle has a safety violation
commercial zone) Mexican motor carri-             been granted permanent operating               subsequent to the inspection for
ers not having a current CVSA decal to            authority for three consecutive years:         which the decal was granted.
be placed out of service. The resulting
OOSC language is:                                                                          As a result of this provision in the law,
                                               (A) inspections of all commercial vehi-     FMCSA took regulatory action to
 A Mexico-domiciled carrier (USDOT                 cles of Mexican motor carriers          implement it. FMCSA has codified this
 X Number) granted provisional oper-               authorized, or seeking authority to     requirement into several Parts under 49
 ating authority pursuant to 49 CFR                operate beyond United States            Code of Federal Regulations.
 365 operating a commercial motor                  municipalities and commercial
 vehicle in the United States that does            zones on the United States-Mexico       §365.511 Requirement for CVSA
 not display a current CVSA decal(s)               border that do not display a valid      inspection of vehicles during first three
 on both the power unit and towed                  Commercial        Vehicle     Safety    consecutive years of permanent operat-
 unit(s) (385.103(c). Place vehicle(s)             Alliance inspection decal, by certi-    ing authority.
 Out-of-Service until the vehicle(s) satis-        fied inspectors in accordance with      A Mexico-domiciled motor carrier grant-
 factorily passes an inspection and a CVSA         the requirements for a Level I          ed permanent operating authority must
 decal is issued.                                  Inspection under the criteria of the    have its vehicles inspected by Commercial
                                                   North      American       Standard      Vehicle Safety Alliance (CVSA) certified
In conjunction with this decision, the             Inspection (as defined in section       inspectors every three months and display
Executive Committee invoked Article                350.105 of title 49, Code of Federal    a current inspection decal attesting to the
XIII of the CVSA Bylaws, which pro-                Regulations, including examination      successful completion of such an inspec-
vides authority to the Executive                   of the driver, vehicle exterior and     tion for at least three consecutive years
Committee to take “Emergency Action.”              vehicle under-carriage;                 after receiving permanent operating
In essence, it allows the committee to                                                     authority from the FMCSA.
make changes to the OOSC immediate-            (B) a Commercial Vehicle Safety
ly, and then present it to the full mem-           Alliance decal to be affixed to each    §385.103 Safety monitoring system.
bership for ratification at a later date.          such commercial vehicle upon            (c) CVSA decal. Each Mexico-domiciled
    The result of this decision is that the        completion of the inspection                carrier granted provisional operating
OOS condition as stated above became               required by clause (A) or a re-             authority under part 365 of this sub-
effective April 1, 2007.                           inspection if the vehicle has met           chapter must have on every commer-
    The FMCSA request for action was               the criteria for the Level I inspec-        cial motor vehicle it operates in the
related to one of the myriad NAFTA                 tion; and,                                  United States a current decal attest-
trucking-related requirements put in                                                           ing to a satisfactory inspection by a
place by the U.S. Congress in 2001 as          (C) that any such decal, when affixed,          Commercial Vehicle Safety Alliance
part of the U.S. Department of                     expire at the end of a period of not        (CVSA) inspector.




20
                                                                                 Guardian      F   E    A    T    U    R      E    S




    The reason the CVSA Executive
Committee has taken emergency action
on this issue is due to the fact that the
                                               CVSA Membership Passes Amendments
United States and Mexican governments          to Bylaws, Elects New Secretary Treasurer
recently announced a cross-border
NAFTA Demonstration Project. The               Three amendments to CVSA’s Bylaws were passed by the membership during
initial phase of the project has already       the Annual Conference. They include:
begun, and it is anticipated that Mexican
motor carriers involved in this project        • Ballot Item #1: Amendments and additions to the CVSA Bylaws to allow
will begin long haul operations in the           for the inclusion of Local Jurisdictions as a Class 2 Local Member.
U.S. (and Canada) sometime within the          • Ballot Item #2: Amendments and additions to the CVSA Bylaws in order
next 60 days.                                    to clarify Executive Committee Actions that must be sent to the mem-
    The practical result of this emergency       bership for approval.
action is that effective April 1, 2007 this    • Ballot Item #3: Amends and additions to the CVSA Bylaws in order to
provision is part of the OOSC, and will          provide for changing the times of the Annual Conference and Workshop.
remain such until ratified (or not) by the
full membership at the 2007 CVSA               For more information on the Bylaws passed visit www.cvsa.org, select Members
Workshop in Pittsburgh.                        Only area, then select Operations Manual and Bylaws dated April 2, 2007.
    CVSA appreciates members taking               In addition, Francis “Buzzy” France was elected Secretary Treasurer.
appropriate steps to notify your officers
in the field and other appropriate parties
on this issue. The Alliance is working
with FMCSA to make sure that any
additional information on this project is     New Committee Chairs Named by CVSA President
made available to members in a timely
                                               Capt. John Harrison announced the following committee chairs in Atlanta:
manner. If you have any questions, con-
cerns or issues regarding this particular
                                               Size and Weight Committee,              Vehicle Committee,
issue, or general questions regarding the
                                               Maj. Glynn Powers,                      Kerri Wirachowsky,
demonstration project please contact
                                               Kentucky Vehicle Enforcement;           Ontario Ministry of Transportation;
Steve Keppler at stevek@cvsa.org, or at
202-775-1623, ext 106.
                                               Program Initiatives Committee,          North American Inspectors
                                               Peter Hurst,                            Championship Committee,
                                               Ontario Ministry of                     Tpr. Daniel Cusumano,
                                               Transportation; and,                    Rhode Island State Police.




                                                 KERRI WIRACHOWSKY              PETER HURST            TPR. DANIEL CUSUMANO




                                                                                                                                  21
Second Quarter 2007                                                                                              www.cvsa.org




New Inspection Level Gives States Ability to Capture Data on Specific
State-Mandated Inspection Programs
By Collin Mooney, CVSA Director, Enforcement Programs




The Information Systems Committee at         • SAFETYNET provides the jurisdic-          requirements of any other level of
the 2006 Annual Conference in Toronto,         tion with a robust mechanism to           inspection. An example will include
ON conceived a new level of inspection.        store, analyze and report on these        inspection programs such as, but not
In December of 2006, a multi-jurisdic-         otherwise exempt carriers/vehicles.       limited to: school buses; limousines;
tional work group was established and        • Inspection data collected on ASPEN        taxis; shared ride; hotel courtesy shut-
met in Indianapolis, IN during the Brake       Level VII inspections are uploaded        tles; and, other intrastate/intraprovin-
Safety Symposium to discuss changes            for PIQ queries and sent to SAFE-         cial operations. These inspections may
and requirements, which may be neces-          TYNET. ASPEN Level VII inspec-            be conducted by CVSA-certified
sary for the Federal Roadside Inspection       tions will not be uploaded to             inspectors, other designated govern-
Suite. At that time, a new ‘Level VII’         MCMIS.                                    ment employees or jurisdiction
inspection was defined and subsequently                                                  approved contractors. Inspector training
unanimously approved on January 18,          Level VII Definition found in               requirements shall be determined by
2007 during an Executive Committee           Operational Policy 5                        each jurisdiction. No CVSA decal shall
conference call. This new level of inspec-   “Jurisdictional Mandated Commercial         be issued for a Level VII inspection but
tion became effective immediately upon       Vehicle Inspection – An inspection          a jurisdiction-specific decal may be
ratification.                                that is a jurisdictional mandated inspec-   applied.”
                                             tion program that does not meet the
Why create a Level VII inspection?
• Initially, jurisdictions needed a mech-
  anism to capture data on school bus
  inspections.
• Jurisdictions needed a mechanism to
  capture and analyze data for their
  Jurisdictional Mandated Inspections
  of vehicles requiring an inspection
  that are not subject to Part 390 of the
  FMCSRs.
• Federal Roadside Inspection Suite
  systems; ASPEN, SAFETYNET,
  ISS, PIQ, etc, can provide access to
  information and mechanisms for the
  data collection with minor modifica-
  tions.
• Use of the Federal Roadside
  Inspection Suite provides a low cost
  option for capturing and analyzing
  safety data.
• States would not have to create it’s
  own application. An ASPEN Level
  VII inspection would enable jurisdic-
  tions to use a single program to col-
  lect safety data on all commercial
  vehicle inspections conducted within
  a jurisdiction.




22
                                                    I   N   S    P   E   C    T      Guardian
                                                                                     O   R   ’   S      C    O    R    N    E    R




What is Virtual Risk Manager – Airbrakes?
By Collin Mooney, CVSA Director, Enforcement Programs




Are your drivers or roadside inspectors     ing additional airbrake system training      skills necessary and to increase aware-
proficient in the functionality of air-     as a prerequisite prior to taking the        ness of the unique and special charac-
brake technology? In the years that I’ve    NASI Part “B” course. Others are             teristics of airbrake technology.
been involved with the roadside inspec-     meeting inspector maintenance of cer-            Virtual Risk Manager - Airbrakes
tion program, I’ve seen a variety of lev-   tification of requirements by providing      is an online platform to deliver state of
els of knowledge on how an airbrake         annual in-service/ refresher training on     the art training on the functionality of
system operates. In the North               airbrake system functionality and            airbrake systems for drivers and
American Standard Inspection (NASI)         inspection. Such as providing, Practical     inspectors. The program is a web-
Part “B” course, a considerable amount      Airbrakes: Handbook & Study Guide,           based interactive experience with
of time and energy is being expelled on     Practical Airbrakes: Brake Adjustment        instructional animations and a narra-
explaining the basics of this technology.   and/or Virtual Risk Manager – Airbrakes      tor to guide participants through the
The reasoning is that this is extremely     to compliment and/or supplement the          program. Drivers and inspectors will
important stuff and our approach            training material already covered in the     find the point-and-click navigation
should not be taken lightly! A number       NASI training program. When it               easy to use for even the novice com-
of jurisdictions have already recognized    comes to airbrake systems, participants      puter user. The content material is
this as an area of concern and have         require reliable and readily available       based on recognized sources from
taken a proactive approach by provid-       information to assist in developing the      industry experts.


  Virtual Risk Manager — Airbrakes
  PROGRAM COMPONENTS
  Training Needs Analysis                   Final Assessment
  Users first take a short 50-question      A 50-question multiple choice
  multiple choice comprehensive             knowledge check confirms that infor-
  assessment of their airbrakes and         mation is understood and the partici-
  brake adjustment knowledge in order       pant demonstrates proficiency when
  to identify individual training needs.    working with airbrake system func-
                                            tionality. The system then generates a
  Training Modules                          certificate upon completion.
  Up to fifteen learning modules are
  available ranging from airbrake sys-      Management Information
  tem basics to comprehensive airbrake      System
  adjustment training. All users are        The “Management Information                  For more information visit, www.
  required to complete the modules          System” or MIS is a valuable tool for        virtualriskmanager.net/airbrakes, take
  based on the results of their individ-    trainers and/or safety professionals         the Airbrake Challenge and enjoy a nar-
  ual Training Needs Analysis.              to track the performance of their            rated demonstration tour and overview.
  However, all of the training modules      participants. The program can be
  are available for review. At the com-     used to benchmark or gauge the               All inquiries, comments, questions
  pletion of each individual module the     level of knowledge of airbrake tech-         or concerns are to be directed to Collin
  participant is required to successfully   nology within your company or                Mooney, Director, Enforcement
  complete all of the questions associ-     agency and focus your attention on           Programs at collinm@cvsa.org, or at
  ated with that training module.           individual training needs.                   202-775-1623, ext. 108.




                                                                                                                                23
Second Quarter 2007                                                                                                     www.cvsa.org




CHP Sees Significant Decrease In Mexican Truck OOS Violations
Cmdr. Rob Patrick, California Highway Patrol, Commercial Vehicle Section




In 1982, the Interstate Commerce               Mexican motor carrier prior to the 1982
Commission (ICC) was directed by the           moratorium is still valid provided required
President of the U.S. to place a moratorium    filings (insurance, etc.) are current or the
on granting interstate operating authority     FMCSA has not taken administrative
to Mexican and Canadian citizens. At that      action against the motor carrier.
time, neither Canada nor Mexico general-       In preparation for the provisions of the
ly allowed U.S. motor carriers to operate      North American Free Trade Agreement
anywhere within their respective countries.    (NAFTA), which will allow Mexican
Within a couple of years, the moratorium       motor carriers to operate in California, the
against Canadian citizens was rescinded        Calexico and Otay Mesa Inspection
and the U.S. and Canada signed the U.S.        Facilities began operation in 1996.
Canadian Free Trade Agreement in 1988.         Commercial vehicles entering through
Although the general public perceives all      these two inspection facilities are random-
Mexican motor carriers as being restricted     ly inspected to ensure mechanical safety
to operating commercial motor vehicles         before operation in California. Driver
within 20 miles of the U.S./Mexican bor-       license, driver record of duty status and
der, many Mexican motor carriers have          interstate operating authority are also
been legally operating beyond the com-         enforced. The California Highway Patrol
mercial (border) zones in California and in    continues to work in partnership with the
the U.S. since the 1982 moratorium.            Federal Highway Administration and law
Currently, all for-hire and private motor      enforcement agencies from Arizona, New
carriers owned or controlled by Mexican        Mexico, Texas and Mexico to prepare for        had drivers with OOS violations. 24.8
citizens must apply to the FMCSA for a         the implementation of NAFTA.                   percent of the Mexican carriers CVs were
Certificate of Registration (operating         Since the signing of NAFTA, California         placed OOS where 17.44 percent of U.S.
authority) which would allow them to           has seen a substantial increase in the num-    carrier CVs were placed OOS.
operate within specified commercial zones      ber of commercial vehicles (CV) entering       In 2006, 16,587 CVs of Mexican carriers
in the four states, which border Mexico.       the state through the four CV points of        were inspected at Otay Mesa, Calexico and
The Mexican motor carrier designates on        entry (POE). In 2001, there were 704,652       Tecate CVEFs and 11,188 CVs of U.S.
its application in which state or states the   CVs entering at the Otay Mesa POE;             carriers were inspected. Of those inspec-
company intends to operate. The FMCSA          242,788 CVs entering at the Calexico           tions, .43 percent of the Mexican carriers
will either issue a Certificate of             POE; approximately 68,000 CVs entering         had drivers with OOS violations where .55
Registration or deny the application. A        at the Tecate POE; and approximately           percent of U.S. carriers had drivers with
U.S. company-owned or controlled motor         1,500 CVs entering at the Andrade POE.         OOS violations. 17.64 percent of the
carrier based in Mexico may obtain a           During this same year, the CHP’s Border        Mexican carriers CVs were placed OOS
Certificate of Registration to operate         Division commercial enforcement person-        where 18.4 percent of U.S. carrier CVs
beyond the commercial zone if they are         nel conducted approximately 13,000             were placed OOS.
either a for-hire carrier transporting         inspections on CVs from Mexico.                In the past several years, CHP has seen a
exempt commodities or a private carrier        In 2005, 16,477 CVs of Mexican carriers        significant decrease in the number of OOS
performing bonafide private carrier opera-     were inspected at Otay Mesa, Calexico and      violations among the Mexican carriers
tions. Mexican motor carriers are not cur-     Tecate CVEFs and 11,260 CVs of U.S.            entering the U.S. In most cases, the per-
rently permitted to operate beyond the         carriers were inspected. Of those inspec-      centage ratio for OOS violations are equal
border states, unless they are transporting    tions, .53 percent of the Mexican carriers     to or even lower, in some cases, for
commodities from Mexico to Canada and          had drivers with out-of-service (OOS) vio-     Mexican carriers than they are for U.S. and
vise versa. ICC authority issued to a          lations where .83 percent of U.S. carriers     Canadian carriers.




24
                                                                                R    E    G Guardian
                                                                                                 I    O     N     A     L        N     E    W      S




Motorists Still Need Lessons Regarding Safe-Distance Law
By James H Brock, Oregon Department of Transportation




Citation records for 2006 suggest that             OSP troopers commonly refer to the                recently as February 11 when a Multnomah
many motorists still need a lesson or two      safe-distance law as “Maria’s Law” in                 County Sheriff ’s Deputy was seriously
about Oregon’s safe-distance law. Oregon       honor of Maria Mignano, a senior trooper              injured in an early-evening accident on
State Police (OSP) preliminary reports         who died in September 2001, along with                Interstate 84 in the Columbia Gorge.
show that more than 250 drivers were cited     an Albany police officer, when a driver fell              Deputy Ken Yohe was approximately
for violation of ORS 811.147 — failure to      asleep and struck them on the roadside of             three miles west of Multnomah Falls
change lanes, or slow down if a lane change    Interstate 5 north of Albany. As a result of          assisting a stranded motorist with a flat
isn’t safe, when passing a police car, ambu-   that accident, and others where law                   tire. The deputy positioned his car well
lance, or other emergency vehicle parked       enforcement officers had been injured or              behind the stranded vehicle with all
on the side of the road with flashing warn-    killed while engaged in roadside stops or             emergency lights activated, as officers are
ing lights. This represents an increase from   assists, Oregon legislators established the           trained to do to signal passing motorists
the 241 citations issued in 2005, despite      violation for failure to maintain a safe dis-         and provide a safety buffer for the
the fact that OSP logged fewer hours           tance from emergency vehicles.                        stranded vehicle. After Deputy Yohe had
patrolling Oregon highways in 2006.                “Highway-related deaths have sur-                 returned to his patrol car, a 40-foot
    “The good news is that we only cited       passed felonious attacks as the leading cause         motor home hit the car.
seven commercial motor vehicle drivers         of police officer fatalities,” Sgt. Hageman               The deputy sustained injuries to his
for the offense last year, which is fewer      noted. “Highways are becoming more                    back and neck. The car was totaled.
than half from the previous year,” noted       crowded and communication or other elec-              Accident investigators found no evidence
OSP Patrol Division Support/Logistics          tronic devices are increasing driver distrac-         of impairment or recklessness on the part
Sgt. Alan Hageman. “This suggests that         tions, both of which are contributing to the          of the 66-year-old motor home driver. He
the message is getting around the CMV          increase of threats to police officers who are        was issued a citation for violation of the
community as more and more states              parked along the highway shoulder.”                   safe distance law, a Class B traffic viola-
adopt their own version of Maria’s law.”           The subject was in the news again as              tion with a minimum base fine of $242.


Drug Runners Get 1-2 Punch in Michigan
By Capt. Robert Powers, Michigan State Police

In the span of one month, motor carrier           On January 29, 2007, Officer Brett
enforcement officers of the Michigan           Black of the Jackson Post was working at
State Police seized a total of 139 kilos       the Grass Lake Scales on Eastbound I-94
(306 pounds) of cocaine destined for           when he stopped a tractor/trailer combi-
Canada. On December 27, 2007, Officer          nation for a defective taillight. A subse-
David Haynes of the Monroe Post was on         quent search of the trailer load of lettuce
duty at the weigh station located on           revealed 99 kilos of cocaine with a street            tial reason for the stop and because they effec-
Northbound I-75 just north of the Ohio         value of $2.5 million. The truck was driv-            tively applied the training they have received
state line when he stopped a tractor/trail-    en and occupied by two males of Pakistani             through FMCSA’s Drug Interdiction
er combination for defective lighting.         descent en route from Yuma, AZ to                     Assistance Program. In both instances, the
During the course of a Level I Inspection,     Toronto, Ontario when it was stopped.                 suspects intended to deliver the drugs to
Officer Haynes discovered 40 kilos of          Both suspects remain in custody pending               Toronto, Canada via the Ambassador Bridge
cocaine in the trailer of the semi-truck       prosecution that could bring life sentences.          in Detroit. The Ambassador Bridge is the
tractor combination. $1,694 in cash was           Both of these major drug interdictions             single busiest truck crossing in the world,han-
also seized. A 38-year old male suspect        occurred because the officers involved took           dling more than four million commercial
has been charged and is awaiting trial.        the time and initiative to look beyond the ini-       vehicles annually.




                                                                                                                                                 25
Second Quarter 2007                                                                                                 www.cvsa.org




TOPS Program Puts Kansas Highway Patrol Officers in the Front Seat of CMVs
By Capt. Dan Meyer, Kansas Highway Patrol




With the support of FMCSA, the                                                            spread across the state. There will be
Kansas Highway Patrol (KHP) is unveil-                                                    seven weeklong deployments in different
ing a new program that provides troopers                                                  regions of the state. A second round of
an opportunity to ride with professional                                                  deployments will occur in the same
commercial vehicle operators, allowing                                                    regions to evaluate for a reduction in the
them to observe first-hand the violations                                                 violations. Local transportation compa-
that occur around commercial motor                                                        nies have elected to partner with the
vehicles (CMVs). Trucks On Patrol for                                                     highway patrol by donating their servic-
Safety (TOPS), will give officers a front                                                 es in that area. In the areas where there
seat view to witness, document and                                                        were no trucks or trailers offered for that
report violations to officers on patrol in                                                particular time frame, the patrol used
the immediate area for help and appro-                                                    their own semi truck and trailer, which
priate enforcement action.                                                                were seized through DIAP activities and
    The KHP held a press conference in                                                    were operated by a professional driver.
Wichita April 13, 2007-- the end of the                                                   At the end of each week, a press confer-
first week of the TOPS enforcement                                                        ence will continue to be held and the
campaign--to formally announce TOPS                                                       partner company (providing they do not
to the public.                                                                            wish to remain anonymous) is identified
    “Fatalities and injuries on Kansas’                                                   to the public. Kansas state troopers
roadways are of epidemic proportions,”                                                    began training for the program in
said Col. William Seck, KHP. “In 2004,                                                    February.
459 people were killed in vehicle crashes                                                     To enable troopers to better identify
on Kansas’ highways; another 2,000 suf-                                                   and monitor violations a new camera
fered disabling injuries, and some 23,000                                                 system is being employed for the first
suffered other injuries.”                        The task force met seven times at dif-   time. The Mobile Digital Video
    Gov. Kathleen Sebelius in February       ferent locations around the state and        Recorder system is one of the most
2006 announced the creation of a             looked at the areas of traffic safety        advanced multi-camera video recorders,
statewide citizen task force, called The     impacted by education, enforcement,          specifically designed for the trucking
Driving Force which is charged with rec-     emergency medical services and highway       industry. The system is a total portable
ommending ways to reduce the number          engineering. They heard presentations        package that can be moved from truck to
of people killed and injured on Kansas       from experts in various areas related to     truck. There are five cameras that can be
roadways.                                    traffic safety, and the public was given     mounted on the truck and trailer. The
    “Too many Kansas families have been      the opportunity to participate at the        KHP will temporarily mount two cam-
impacted by tragic accidents on our          meetings.                                    eras inside the tractor, and then two
roadways,” Gov. Sebelius said. “I appreci-       Statistics for Kansas show that in       more cameras will be mounted to the
ate the efforts of those who serve on this   2005, approximately 29.9 billion miles       side mirrors of the tractor. The fifth
task force and also the KHP for identify-    were traveled through the state. Of those    camera is a wireless camera and will be
ing this innovative, safety program.”        miles, nearly 11 percent (or 3.3 billion     mounted to the rear of the trailer. The
    The Driving Force identified a number    miles) were traveled by heavy CMVs.          cameras are viewable on a color monitor
of important recommendations that                The KHP’s TOPS program was               or laptop.
require a significant amount of time and     modeled after Washington State Patrol’s          The system records all video to a
effort to implement. One of those rec-       Ticketing Aggressive Cars and Trucks         hard drive and has a 96-hour recording
ommendations was for more enforcement        (TACT) program. The Kansas TOPS              time. After the 96-hour recording
of vehicles operating around CMVs.           program will have 14 total deployments,      time is exhausted the system would




26
                                                                               R    E   G Guardian
                                                                                               I    O    N     A    L        N    E    W     S




                                                  North Carolina Goes “Hollywood” to Educate
                                                  New Entrant Motor Carriers
                                                  By Kevin Breedlove, FMCSA NC Division, State Program Manager




begin recording over the oldest video.            The North Carolina State Highway                 Administrator worked with Mr. Kevin
There was a need to mark the viola-               Patrol (NCSHP) in coordination with              Breedlove, NC FMCSA State Programs
tions on the video in some way that the           FMCSA has just completed a                       Specialist to obtain funding through the
desired recording could be found and              Commercial Motor Vehicle Training                New Entrant Auditor Grant for the
that it would not be recorded over.               video. This Training video is aimed at           project. Ms. Janie Deal, Photo/Video
Once an event is identified by the                New Entrant Motor Carriers operating             Specialist in the NCSHP’s Technical
trooper in the truck, the system has              commercial motor vehicles in interstate          Services Unit, was approached with the
capabilities of marking and time-                 commerce. Beginning January 1, 2003,             project idea and agreed to take on the
stamping that event for retrieval.                all new motor carriers (private and for-         responsibility of writing, directing, and
When the desired recording needs to               hire) operating in interstate commerce           producing the DVD. Ms. Deal worked
be viewed it can be quickly found with            were required to apply for registration          with NCSHP Staff, NC FMCSA
the associated time stamp. These                  (USDOT Number) as a “new entrant.”               Division Staff, and FMCSA Southern
recordings will be used to reduce court           Congress required FMCSA to establish             Service Center Staff to write a script that
time for all officers involved.                   minimum requirements for new motor               incorporated all of the basic information
    Another equally positive result of the        carriers seeking federal interstate regis-       needed to educate new entrant carriers.
recording system is that the video will           tration. These minimum requirements              Once the script was written, Janie
assist with any future public service             include having the carrier certify that it       worked with professional actors and a
announcements. As with all law enforce-           has systems in place to ensure compli-           production crew to produce this DVD.
ment agencies, we strive for public serv-         ance with the Federal Motor Carrier              The DVD covers everything from the
ice, increased productivity and safety.           Safety Regulations, (FMCSRs) and a               reasons for the New Entrant Program to
With all events being recorded, we can            safety audit conducted within the first          detailed explanations of the regulations.
choose to keep examples of positive               18 months of the carrier’s interstate            The DVD even has a section dedicated
driving behavior around trucks, but we            operation.                                       to roadside inspections that is presented
can also give exhibits of poor decision           After conducting hundreds of safety              from the driver’s point of view. After
making by other drivers around trucks.            audits, NCSHP Officials and FMCSA                viewing this DVD, a New Entrant
The enforcement in conjunction with               Division Officials decided that more             Carrier should have a basic understand-
public service announcement campaigns             training and information was needed by           ing of the FMCSRs. The video has been
will assist in the overall reduction of           a New Entrant Carrier prior to the com-          a tremendous success and the NCSHP
accidents.                                        pletion of a Safety Audit. That led to the       and FMCSA are receiving requests from
    The TOPS program is not all the               idea of creating a DVD that could be             other states for copies of the DVD.
KHP is doing involving safety and                 sent to new entrant carriers to help them
CMVs. Throughout the duration of the              understand the basic regulatory require-         (Editor’s Note: FMCSA is unable to fund
TOPS program, the KHP will be                     ments and other pertinent issues. Capt.          this type of activity with New Entrant grant
encouraging CMV drivers to “Buckle up             George Gray, NCSHP MCSAP                         funds in the future.)
in your truck. Be ready, be buckled. It’s
the law.” There will be a series of radio
and television commercials, along with
surveys conducted at the weigh stations.
Commercial vehicle seat belt enforce-
ment activities will also be a focus of the
TOPS program.
    Fo r m o re i n f o r m a t i o n a b o u t
the K ansas TOPS progr am visit
www.kansashighwaypatrol.org.




                                                                                                                                            27
Second Quarter 2007                                                                                                    www.cvsa.org




Ohio State Highway Patrol,                                                           REGIONAL RAP
OSU Work Together to Forecast                                                        REGION III PRESIDENT
                                                                                     MAJOR ED REUTER RETIRES
Risk of Fatality                                                                     By Capt. Robert Powers,
Sgt. Kelly Weakley, Ohio State Highway Patrol,                                       Michigan State Police
Office of Licensing and Commercial Standards



Over the past year, the Ohio State Highway Patrol has              Maj. Ed Reuter, commander of the Indiana State Police Commercial
worked closely with researchers at Ohio State University—          Vehicle Enforcement Division retired on February 16, 2007, follow-
Statistical Consulting Service to develop a model to fore-         ing a 33-year law enforcement career.
cast the risk of fatal and injury crashes across the state. The        At the time of his retirement, Maj. Reuter was finishing a two-
model that has been developed predicts the likelihood of           year term as Region III President. Maj. Reuter was also a charter
crashes for each hour of each day on most interstates, U.S.        member of the CVSA Transportation Security Committee. Maj.
routes, and state routes in Ohio. It is based on more than         Reuter made many significant and lasting contributions to the
172,000 historical crash records from the years 2001-2005.         success of CVSA and the advancement of commercial motor vehi-
    While the model does not predict the location and time         cle safety. Maj. Reuter’s most significant contribution may have
of individual crashes, it does give the risk level of a crash on   been his initiative in hosting the 2005 Fall Workshop in
each roadway during each hour of the day. For example,             Indianapolis following the last minute cancellation of Biloxi due
U.S./state routes are 39 times as likely to have a fatal or        to Hurricane Katrina. Although this conference was put togeth-
injury commercial-involved crash during inclement weath-           er on extremely short notice, Major Reuter and his staff from the
er as they are during good weather. The crash forecast             Indiana State Police made it look easy and routine. All of Ed’s
model was used to focus commercial enforcement efforts             friends and colleagues will certainly miss his great sense of humor,
during the recent 2006 holiday travel season. As a result,         and all that he brought to CVSA. Please join me in wishing Ed
fatal, injury, and property crashes involving commercial           the very best in his new job as Director of the Emergency
vehicles decreased 15 percent from the 2005 Christmas              Operations Center in Columbus, Indiana. Ed can be contacted at
holiday weekend.                                                   his new e-mail address: ereuter@bartholomewco.com.




28
                                                                          R    E   G Guardian
                                                                                          I    O    N     A    L       N    E    W     S




Alberta Roads Safer With $900,000 Funding Boost For Two-Year Pilot
New Red Deer College Program Aims to Improve Truck Driver Skills




A two-year pilot program for profession-                                                         The first students will begin in
al drivers will offer classroom theory and                                                    June, 2007, completing their training
more experience behind the wheel for                                                          in December, 2007. This unique pro-
new drivers, meeting the increasingly                                                         gram is offered in partnership with
competitive demands of the Alberta                                                            driving schools in Red Deer, Calgary,
trucking industry.                                                                            Edmonton and Lethbridge, allowing
    With a boost of more than $900,000                                                        Albertans across the province to take
in grant funding and program support                                                          advantage of the opportunities this
from the Alberta government, Red Deer                                                         program offers.
College will implement the Professional                                                          “We look forward to our role in this
Driver Certificate Program. This pro-                                                         innovative and much needed program,”
gram was developed in collaboration with                                                      said Michael Kulchisky, Dean of Trades
industry through the Transportation          driving career and take advantage of new         and Manufacturing Technologies at Red
Training and Development Association         opportunities in the trucking and trans-         Deer College. “With a severe shortage of
and the Canadian Trucking Human              portation industry.                              qualified drivers, better industry knowl-
Resources Council.                               “The Alberta trucking industry has           edge and more hands-on experience are
    “Government is committed to man-         worked long and hard to have profession-         required to enter the truck driving pro-
aging growth pressures and one way to        al truck driving recognized as a highly          fession and a Class 1 licence is just the
do that is supporting access to training     skilled and demanding occupation,” said          starting point.”
opportunities which address labor short-     Luke Ouellette, Minister of Alberta                 For admission requirements and
ages,” said Doug Horner, Minister of         Infrastructure and Transportation.               other details about the Professional
Advanced Education and Technology.           “Government and industry have set new            Driver Certificate program, visit:
“Implementing this pilot program is an       standards for training and development           www.rdc.ab.ca/ trades/professional_driv-
important step in examining the effec-       of drivers which will attract and phase in       er or call 403-342-3400.
tiveness of one program model to
address the transportation industry’s
forecasted demand for more trained
truck drivers in Alberta.”                              Government is committed to managing
    “Red Deer College is excited to be a
leader in offering this unique post-Class
1 program. This is another great exam-
                                                    growth pressures and one way to do that is
ple of our strong partnership ties with
industry and government to deliver pro-            supporting access to training opportunities...
gramming that will benefit all
Albertans,” said Ron Woodward,
President of Red Deer College.
    New technology, added business           new drivers, and supports the provincial            This announcement is one of the key
responsibility, and complex work envi-       Traffic Safety Plan to help reduce the           actions under Premier Ed Stelmach’s
ronments have made more entry-level          number of collisions on Alberta roads.”          plan to build a stronger Alberta. Other
education for new truck drivers a neces-         The Professional Driver Certificate          priorities for the government are to gov-
sity, and the program is responsive to       program adds value to the current Class 1        ern with integrity and transparency, build
those factors. Graduates will have neces-    licence by recognizing the advanced train-       a stronger Alberta, improve Albertans’
sary competencies, skills and experience     ing and experience with a Professional           quality of life and provide safe and secure
to successfully begin a professional truck   Driver endorsement issued by government.         communities.




                                                                                                                                     29
Second Quarter 2007                                                                                                       www.cvsa.org




INTERNATIONAL SPOTLIGHT

International Spotlight:VOSA Aims to
Improve Vehicle Standards Abroad
By Mark Warden, Head of Research and Development, Vehicle and Operator Services Agency



The Vehicle and Operator Services             built vehicles to ensure that they comply        standards of MOT garages and tests; pro-
Agency (VOSA) provides a range of             with acceptable safety and environmental         viding seminars and other advisory servic-
licensing, testing and enforcement serv-      standards (Single Vehicle Approval               es and, where necessary, taking disciplinary
ices in the United Kingdom with the aim       (SVA) and Motorcycle Single Vehicle              action to improve testing standards and to
of improving the roadworthiness stan-         approval (MSVA)); inspections to check           raise the levels of compliance.
dards of vehicles, ensuring the compli-       the identity of written off vehicles that            In April 2005, VOSA began the
ance of operators and drivers with road       are returned to the road (Vehicle Identity       operational roll-out of the MOT
traffic legislation, and supporting the       Check (VIC)).                                    Computerization service. This represents
independent Traffic Commissioners.                                                             a major step forward for the industry and
                                              Bus regulations - Providing administra-
VOSA’s activities support the following                                                        is leading to an improvement in testing
                                              tive support to the Traffic Commissioners
people and organizations:                                                                      standards and MOT scheme administra-
                                              in the registration of local bus services.
 • The Road Haulage and Public                                                                 tion. Testers now have the ability to elec-
    Service Vehicle Industries                Enforcement and compliance -                     tronically re-licence vehicles which ben-
 • Vocational Drivers                         Supporting the Traffic Commissioners             efits both motorists and MOT garages.
 • MOT garages                                to help them make informed decisions
 • Private vehicle owners and the related     on operator licensing; vocational drivers        Accident investigation and profession-
    trade associations                        and bus registration requirements; iden-         al research - Undertaking technical
 • Vehicle manufacturers and importers        tifying operators against whom it may be         investigations into potential manufactur-
 • Traffic Commissioners                      appropriate to take disciplinary action by       ing or design defects, highlighting safety
 • The Courts                                 gathering and evaluating a range of data.        concerns and monitoring safety recalls.
 • The Police                                 Conducting routine and targeted checks           Supporting the police by examining
 • The Public                                 of operators’ premises and systems               vehicles involved in accidents to identify
                                              designed to check compliance with other          contributory defects.
What we do
                                              road traffic legislation, e.g. drivers’ hours,      Providing a range of educational and
Licensing - Providing administrative
                                              at the roadside and at operators’ premis-        advisory activities at the roadside, at
support to the Traffic Commissioners in
                                              es. Approving applications from opera-           operating premises and on a one to one
considering and processing applications
                                              tors wanting to run heavy goods vehicles         basis. Producing publications, videos and
for licenses to operate heavy goods vehi-
                                              at increased weights. Administering              holding seminars to promote improved
cles and public service vehicles. This
                                              Vocational Driver Conduct cases                  compliance of operators and drivers with
ensures that license holders meet the
                                              referred by DVLA and where vocational            roadworthiness and traffic regulations.
standards set for entry into the commer-
                                              drivers have committed non-endorsable            Commercial training courses and prod-
cial vehicle operator industry and seeks
                                              road traffic offences and enforcing com-         ucts are also available.
to minimize the environmental and road
                                              pliance with the Approved Driving
safety impact around goods vehicle oper-
                                              Instructor (ADI) scheme. We also mon-            If you’d like to know more about VOSA’s
ating centers.
                                              itor the compliance of local bus operators       work, detailed information is available in
Testing and inspections - Conducting          with their registered timetables.                the Annual Report and Accounts, the
statutory annual testing for goods vehi-                                                       Effectiveness Report and the Business
cles and public service vehicles at 91        MOT - Supervising the MOT scheme to              Plan. These review VOSA’s work during
VOSA test stations and at private sector      ensure that the 19,000 MOT garages               the past year; provide details about per-
owned approved testing premises (desig-       authorized to carry out MOTs are doing           formance and set out plans for the year
nated premises). Specialist inspection of     so to the correct standards. This is done by     ahead include targets for improving effi-
vehicles e.g. certification of public serv-   approving and training Authorized                ciency. These and other documents can
ice vehicles before they enter service,       Examiners (AEs) and Nominated Testers            be obtained by visiting www.vosa.gov.uk.
inspections of imported and amateur           (NTs) to carry out MOT tests; monitoring




30
                                              R    A    D       I   N    S    P   EGuardian
                                                                                        C     T   I   O     N         N    E    W     S




2007 Basic Level VI                         First Remote-Handled
Classes Scheduled
                                            Transuranic Waste Shipment
Under a cooperative agreement with
the U.S. DOE, CVSA has the follow-          Arrives at WIPP
ing Level VI classes remaining in the
2007 schedule to certify inspectors to
conduct Level VI inspections on all
transuranic waste and Highway Route
Control Quantities (HRCQ) of
radioactive materials. CVSA provides
Level VI training to inspectors who
meet the prerequisite of being Level I
and HAZMAT certified.


  I   Albany, New York
      May 14-17

  I   Springfield, Illinois
      June 25-28
                                            The U.S. DOE announced at Carlsbad,             The waste was generated at Argonne
  I   Oak Ridge, Tennessee                  NM on January 24, the safe arrival of its       National Laboratory near Chicago, in
      July 23-26                            first shipment of remote-handled (RH)           1993 and shipped to INL for storage.
                                            transuranic (TRU) radioactive waste at              Disposal of RH-TRU waste has long
  I   Sacramento, California                the Waste Isolation Pilot Plant (WIPP).         been part of the WIPP mission. In
      August 27-30                              The shipment, which originated at           1992, Congress authorized the disposal
                                            Idaho National Laboratory (INL),                of both CH- and RH-TRU waste at the
  I   Scranton, Pennsylvania                arrived at the WIPP site. The waste was         facility. In October 2006, the New
      October 15-18                         transported inside a shielded RH-72B            Mexico Environment Department
                                            shipping cask, providing the same low           (NMED) issued a revised hazardous
  I   Austin, Texas                         radiation levels as the contact-handled         waste facility permit for WIPP, specify-
      November 5-8                          (CH) TRU wastes that have been                  ing the final regulatory conditions of
                                            shipped to WIPP since 1999. The                 RH-TRU waste management and dis-
                                            Nuclear Regulatory Commission certi-            posal at the facility.
Any state or federal agency interested      fied the sturdy, lead-lined cask for WIPP           Using a collaborative public process
in sending inspectors to a scheduled        use in 2000.                                    introduced by the NMED, parties to the
class is asked to contact Larry D. Stern,       “The first shipment of RH-TRU               permit including NMED, DOE, the
Director, Level VI Inspection Program,      waste is particularly significant to the        WIPP primary contractor and several
at larrys@cvsa.org or 304-292-1601.         DOE,” said DOE Assistant Secretary              citizen interest groups, fashioned a
                                            for Environmental Management James              revised WIPP hazardous waste facility
                                            Rispoli. “WIPP is now positioned to             permit approved in October 2006 by
                                            complete its entire mission. The safe,          New Mexico Governor Bill Richardson
                                            efficient disposal of all transuranic           and NMED Secretary Ron Curry, fol-
                                            waste, including remote-handled                 lowing a public comment period and
                                            material, is vital to our national clean-       subsequent public hearings.
                                            up strategy.”                                       “This important shipment was com-
                                                The shipment from Idaho consisted           pleted safely and uneventfully,” said Dr.
RAD Inspection News is made possi-
                                            of three 30-gallon drums of radioactive         David Moody, DOE Carlsbad Field
ble under a Cooperative Agreement
with the U.S. Department of Energy.         debris waste that resulted from research        Office manager. “This has been a team
                                            activities and test of nuclear materials.                             (continued on page 34)




                                                                                                                                    31
Second Quarter 2007                                                                                                 www.cvsa.org




Questions Concerning
Tie-Downs For The TRUPACT-
II/HalfPACT/RH-72B Cask
Over the past few months, the Carlsbad        tie-downs, the trailer should be              cation of bolt elongation and must be
Field Office (CBFO) National TRU              moved to a level area and the gap             further evaluated based on the acci-
Program (NTP) Office has received             between the compression plate and             dent. It is also very important that the
questions concerning tie-downs for the        compression block checked using the           trailer is level or the Go/No Go gauge
TRUPACT-II/HalfPACT container                 standard Go/No Go gauge. If the               test results could be misleading, as the
and the RH-72B cask. Because safety is        gap is within the specified range             trailers are designed to flex.
our number one priority, we feel it is nec-   (between 0.070 inch and 0.100 inch)
essary to share the answers to these          the tie-downs are acceptable for use.      RH-72B Cask Tie-downs
important questions with you.                 If the gap is not within the specified     Secondly, now that remote-handled
                                              range, the trailer should still be         (RH) shipments have started, we have
TRUPACT-II/HalfPACT Tie-downs                 allowed to be transported to a safe        received questions on the inspection cri-
At a recent exercise, one of the Level VI     zone for further evaluation of the tie-    teria for the tie-downs on the RH-72B
inspectors asked the following questions:     downs and trailer, in order to arrive at   cask. The following comments are pro-
 • “If a WIPP trailer is impacted but the     a decision on whether or not the tie-      vided in response to these questions:
   cask does not come off the trailer, how    downs and trailer require replace-          • The tie-downs for the RH trailers are
   do I know that the U-bolts that are        ment. Due to the safety factors used           secured by fastening the tie-down
   used for the tie-downs have not been       in the design and redundancy, as long          bolts to the torque value specified in
   compromised? Could they have been          as at least one of the tie-downs is in         DOE/WIPP            02-3284,        RH
   stressed to the point where they do not    place and functioning, the trailer may         Packaging Operations Manual. As
   appear to be damaged, but are near the     be moved to a secure or safe location.         for check point inspection criteria, the
   point of failure? Should we have the       Any readily apparent damage to the             only item the inspector should be
   U-bolt replaced prior to allowing the      tie-downs would result in further              required to verify is that the bolts are
   vehicle and cask to continue?”             analysis by subject matter experts to          seated and there is no obvious loose-
                                              determine the need for replacement.            ness. There is no gap to check and no
CBFO’s NTP Office referred this ques-         This criterion applies to the cam han-         spring washers for maintaining a pre-
tion to their engineers, who provided the     dle tie-downs and the screw jack tie-          load with these tie-downs.
following response:                           downs. As long as the tie-downs pass
 • After an accident involving the TRU-       a visual inspection pass the Go/No         Should you have questions concerning
    PACT-II/HalfPACTs, the trailer and        Go gauge test, the integrity of the tie-   these tie-downs, please contact Mike
    tie-downs should be visually inspect-     downs is fine. If the gap exceeds the      Brown, 505-234-7476, or Bill Mackie,
    ed. If there is no visual damage to the   specified amount, it could be an indi-     505-234-7335, at the CBFO.




32
                                        R     A    D       I   N   S    P   EGuardian
                                                                                C    T    I   O    N        N    E   W     S




CVSA Level VI Inspection
Program Peer Review
                                      NEW ISO STARDARD #21482
State Differences, Lessons
Learned, Best Practices, And          Ionizing-Radiation Warning
Recommendations Report Is
Published                             Supplementary Symbol
CVSA completed the compre-                                    A new radiation warning symbol, to supplement the existing
hensive peer reviews on the                                   trefoil symbol, has been published by International
Level VI Program in New Mexico,                               Organization For Standardization (ISO) as the Standard
                                                              #21482 – Ionizing-Radiation Warning Supplementary Symbol.
Michigan, Illinois, Washington,
                                                              The trefoil symbol has no inherent meaning and only those
Colorado, Tennessee, and South                                people who have been educated in its meaning have knowledge
Carolina. The hosting agencies                                that it represents the presence of ionizing radiation. The new
for the reviews were the New          symbol is the completion of a multi year effort by International Atomic Energy Agency
Mexico Department of Public           (IAEA) to develop a universal radiation warning symbols with the message of
Safety, Motor Transport Division;     “Danger-Stay Away” that anyone anywhere will understand. The new symbol was
                                      developed with human factor experts, graphic artists, and radiation protection experts.
Michigan State Police; Illinois
                                      Many possible symbols were initially tested with international children, and then those
State Police; Washington State        symbols that were most successful in conveying the desired message were tested further
Patrol, Colorado State Patrol and     by the Gallup Institute in both people with limited education and those educated in 11
Port     of    Entry;   Tennessee     countries around the world. The new symbol universally conveyed the intended mes-
Highway Patrol; and, the South        sage regardless of the person’s age, education, or cultural background.
Carolina State Transport Police.          The symbol is intended for IAEA Category 1, 2, and 3 sources defined as danger-
                                      ous sources capable of causing death or serious injury. The symbol should be placed on
     The goals of these peer
                                      the device housing the source, as a warning not to dismantle the device or to get any
reviews are to establish best         closer. Where practical, it should be placed under the device cover such that it is not
practices, focus on state differ-     visible under normal use and would be visible if anyone attempts to disassemble the
ences, lessons learned, and to        device. The symbol is not intended for doors or shipping containers.
make recommendation to the                In the near future, many source manufactures have agreed to use the symbol on
states to enhance their Level VI      newly manufactured large sources such as irradiators, teletherapy heads, and industrial
                                      radiography units. Strategies to place the symbol on existing large sources are being
Program for the spent fuel ship-
                                      developed by the IAEA.
ments to Yucca Mountain.                  The standard can be obtained at www.iso.org. For further information about the new
     The reports were distributed     supplementary symbol, you may contact Carolyn MacKenzie at c.mackenzie@iaea.org.
to the CVSA membership, CVSA
RAM Subcommittee, Western
Governors Association, Southern
                                            VISIT CVSA’S Level VI
States Energy Board, the Council
of     State   Governments    Mid-          Website for the latest
western and Northeast Offices,              Level VI Public Outreach
WIPP Carriers, and the U.S. DOE.
     The report is available on
                                            Program Information
CVSA’s website      www.cvsa.org
                                            Duane Sammons, the Level VI Public
click on Programs,      then select
                                            Outreach Program Coordinator, has a very
North American Level VI Program
and then click on CVSA/WIPP                 busy 2007 meeting schedule. Please review the schedule on CVSA’s website
Updates and Reports to obtain               www.cvsa.org, Select Programs, then North American Standard Level VI
the full report.                            Program, then select Level VI Public Outreach Program Schedule.




                                                                                                                          33
Second Quarter 2007                                                                                                     www.cvsa.org




FREQUENTLY ASKED QUESTIONS                                                                      First Remote-
Transporting Spent Nuclear Fuel, High-Level                                                     Handled Shipment
Radioactive Waste to Yucca Mountain                                                             Arrives at WIPP
                                                                                                (Continued from page 31)



This is the fifth in a series of articles that   Board consisted of ramming a spent fuel        effort from the beginning.” Moody
will answer frequently asked question about      cask with an unmanned locomotive at 100        praised the collective efforts of state
this matter. Look for more in future issues of   miles per hour. The cask-which met inter-      and federal regulators, project stake-
the Guardian.                                    national design standards that are essen-      holders and staffs at WIPP, INL,
                                                 tially the same as U.S. standards-survived     and DOE headquarters.
Q: Have actual casks been tested under           the test with only superficial damage.             In the months leading up to the
real-life conditions?                                                                           first shipment, WIPP successfully
                                                 Q: Could a transportation package              completed a number of operational
DOE’s National Laboratories have con-            protect its contents and prevent the           reviews to demonstrate readiness
ducted a variety of cask tests simulating        release of radiation in case of fire?          to manage and dispose of RH-
real-life conditions.                            Transportation packages are designed to        TRU waste. A team of experts
                                                 protect their contents and prevent             from      DOE,       NMED,         the
Sandia National Laboratories in New              radioactive releases. To be certified by
                                                                                                Environmental Protection Agency
Mexico performed the following tests:            the Nuclear Regulatory Commission
                                                                                                (EPA) and the federal Defense
• A flatbed truck loaded with a full-            (NRC), a transportation cask must be
                                                                                                Nuclear Facility Safety Board par-
   scale cask driven into a 700-ton con-         proven, by analysis or test, to protect its
                                                                                                ticipated in the reviews.
   crete wall at 80 miles per hour;              contents if placed in a fully engulfing fire
                                                                                                    Before any waste generator
• A cask broad-sided by a 120-ton                that burns for 30 minutes at 1,475
   locomotive traveling 80 miles per             degrees Fahrenheit.                            site ships RH-TRU waste to
   hour; and,                                        Additional full-scale tests, scale-model   WIPP, the EPA and NMED
• A transportation cask dropped 2,000            tests, and computer analyses are used to       must approve the site’s proce-
   feet onto soil as hard as concrete—           evaluate the ability of transportation casks   dures for characterization—the
   traveling 235 miles per hour at impact.       to prevent the release of radiation in case    process for determining the
                                                 of fire. NRC has used data collected from      physical and chemical character-
    In all of the Sandia National Laborato-      large-scale, real-life fires to evaluate the   istics of the waste—to ensure it is
ries crash tests, the casks survived intact      impact such a fire could have if a nuclear     suitable and approved for dispos-
and would have safely protected their con-       waste shipment were involved. As a             al at WIPP. Both of those
tents with no release of radiation.              result, NRC has concluded that casks           approvals have been obtained for
    In Great Britain, an independent test        designed to meet its requirements would        characterization and certification
by the Central Electricity Generating            not release their contents.                    of RH-TRU waste at the INL.
                                                                                                    The WIPP is a U.S. DOE facili-
                                                                                                ty designed to safely isolate defense-
                                                                                                related transuranic waste from peo-
                                                                                                ple and the environment.
                                                                                                    Waste temporarily stored at
                                                                                                sites around the country is shipped
                                                                                                to WIPP and permanently dis-
                                                                                                posed in rooms mined out of an
                                                                                                ancient salt formation 2,150 feet
                                                                                                below the surface. WIPP, which
                                                                                                began waste disposal operations in
                                                                                                March 1999, is located 26 miles
                                                                                                outside of Carlsbad, NM.




34
                                                   R    A    D        I   N     S   P    EGuardian
                                                                                               C     T   I   O    N        N     E   W     S




THE GLOBAL NUCLEAR ENERGY PARTNERSHIP

Advanced Recycling Reactors

The Global Nuclear Energy Partnership              nents contained in light water spent            electricity. The result is useful energy
(GNEP) will develop and demonstrate                fuel from the waste products; and,              produced from material that would
advanced recycling reactors, or advanced         • An advanced recycling center capable            otherwise be waste.
fast reactors, as a key element of a new,          of consuming those usable products                 Current light water reactors and
integrated U.S. recycling capability. As           from the spent fuel while generating            advanced fast reactors would work well
they produce power, advanced fast reac-            electricity.                                    together in an advanced nuclear fuel
tors consume transuranic elements (plu-                                                            cycle. Light waster reactors are net pro-
tonium and other long-lived radioactive             U.S. national laboratories would               ducers of transuranics, while advanced
material), potentially eliminating the           design and direct the third component,            fast reactors are net consumers of
need for their disposal in the geologic          an advanced fuel cycle research facility, a       transuranics. The U.S. has a long and
repository at Yucca Mountain, Nevada.
    As part of GNEP, the U.S. is moving
from a once-through fuel cycle to an
improved approach based on recycling of
spent nuclear fuel. Specifically, recycling                 The U.S. is moving from a once-through
would employ advanced fuel separation
technologies. Research has shown that                          fuel cycle to an improved approach
UREX+ can separate uranium from spent
fuel at a very high level of purification that
would allow it to be recycled to re-enrich-                 based on recycling of spent nuclear fuel.
ment, stored in an unshielded facility, or
simply buried as a low-level waste. In
addition, long-lived fission products,
technetium and iodine, could be separat-         state-of-the-art laboratory designed to           successful history of research in devel-
ed and immobilized for disposal in Yucca         serve reactor fuels research needs for the        oping fast reactors, which provides a
Mountain. Short-lived fission products,          next 50 years.                                    valuable base for their accelerated
cesium and strontium, could be extracted             The DOE has issued two requests for           deployment in an integrated recycling
and prepared for decay storage until they        Expressions of Interest from domestic             capability. Fast reactors may be devel-
meet the requirements for disposal as low-       and international industry regarding the          oped in modules to promote economical
level waste. Finally, transuranic elements       feasibility of accelerating the develop-          production and can be constructed at a
(plutonium, neptunium, americium and             ment and deployment of the commer-                single site to produce a plant capable of
curium) separated from the remaining fis-        cial-scale Consolidated Fuel Treatment            generating over a gigawatt of electricity.
sion products could be fabricated into fuel      Center and an advanced fast reactor.
for an advanced fast reactor.                                                                      Ensuring Safety
    To develop and deploy an integrated          Producing Energy from Waste                       Advanced fast reactors will incorporate
recycling capability, the DOE is investi-        To destroy the transuranics in spent              safety and operational design features
gating the feasibility, interest and ability     fuel from nuclear power plants, an                from the beginning to protect public
of industry to collaborate with the U.S.         advanced fast reactor takes advantage             and worker health while reducing
national laboratories and international          of high-energy or fast neutrons to fis-           greenhouse gas emissions during elec-
partners on both recycling and fast reac-        sion, or split apart, long-lived                  tricity generation. A key objective of
tor technologies. Industry would partic-         transuranics. The process transmutes              the advanced fast reactor program is to
ipate in deployment of two facilities:           transuranics into short-lived isotopes            obtain design certification from the
 • A nuclear fuel recycling center capa-         that do not require permanent, geolog-            U.S. Nuclear Regulatory Commission
    ble of separating the usable compo-          ic disposal while releasing energy for            for a standard plant.




                                                                                                                                         35
Second Quarter 2007                                                                                        www.cvsa.org




CVSA Executive Committee and
Committee Chairs
PRESIDENT                               VICE PRESIDENT                           SECRETARY/TREASURER
Capt. John E. Harrison                  Darren Christle                          Francis (Buzzy) France
Georgia Department of Public Safety     Manitoba Department of Transportation    Maryland State Police


REGION PRESIDENTS                       REGION VICE PRESIDENTS (Non-Voting)      PAST PRESIDENTS
Region I                                Region I                                 Sgt. Donald Bridge, Jr., Connecticut
Capt. William ( Jake) Elovirta          Cpl. David Medeiros                         Department of Motor Vehicles
Vermont Department of Motor Vehicles    Rhode Island State Police                Capt. Ron Cordova, New Mexico Department
                                                                                    of Public Safety
Region II                               Region II                                Capt. Paul Claunch, Arkansas Highway Police
Sgt. William (Don) Rhodes               Capt. George Gray
South Carolina State Transport Police   North Carolina State Highway Patrol      GOVERNMENT NON-VOTING MEMBERS
Region III                              Region III                               Dan Hartman, Federal Motor Carrier Safety
Capt. Robert (Bob) Powers               Capt. Charles Teasdale                      Administration (FMCSA)
Michigan State Police                   Wisconsin State Patrol                   William (Bill) Arrington, Transportation
                                                                                    Security Administration (TSA)
Region IV                               Region IV                                Roger Clarke, Canadian Council of Motor
Capt. Lamont Johnston                   Capt. Ronald Ostler                         Transport Administrators (CCMTA), CRA
Idaho State Police                      Utah Highway Patrol                         Chair
                                                                                 Gerardo Michel, Secretaria de Comunicaciones
Region V                                Region V
                                                                                    y Transportes (SCT)
John Meed                               Perry Therrien
                                                                                 Crispin Aguilar, Secretaria de Seguridad Publica
Saskatchewan Highways and               British Columbia Ministry of
                                                                                    /Policia Federal Preventiva
   Transportation                          Transportation
                                                                                 ASSOCIATE NON-VOTING MEMBER
LOCAL PRESIDENT                         LOCAL VICE PRESIDENT (Non-Voting)
                                                                                 Mike Tallaksen, Chair Associate Advisory
Vacant                                  Vacant
                                                                                 Committee, A&R Transport, Inc.


COMMITTEE CHAIRS
Associate Advisory Committee            Intelligent Transportation Systems       Size/Weight Committee
Mike Tallaksen                          Committee                                Maj. Glynn Powers
A&R Transport, Inc.                     Capt. David Doyle                        Kentucky Vehicle Enforcement
Driver-Traffic Enforcement Committee    Texas Department of Public Safety        Training Committee
Lt. Gerry Krolikowski                   Passenger Carrier Committee              Randy West
Nebraska State Patrol                   Timothy Davis                            Utah Highway Patrol
Hazardous Materials Committee           Massachusetts Dept. of Telecomm. &       Transportation Security Committee
Capt. Bruce Bugg                        Energy/Transportation Division           Capt. Robert Powers
Georgia Department of Public Safety     Program Initiatives Committee            Michigan State Police
Information Systems Committee           Peter Hurst                              Vehicle Committee
Ursula Miller                           Ontario Ministry of Transportation       Kerri Wirachowsky
Arizona Department of Public Safety     North American Inspectors Championship   Ontario Ministry of Transportation
                                        Committee
                                        Tpr. Daniel Cusumano
                                        Rhode Island State Police




36
                   2007 CVSA Sponsors
                                                             BENEFACTOR

               American Trucking Associations                FedEx Corporation              Randall Publishing / CCJ




             RSC Equipment                Safety Solutions                    U-Haul                     Yellow Roadway
                 Rental                    Systems, LLC                    International                    Companies




                                                              PLATINUM
        A & R Transport, Inc.                        Great West Casualty Company              Specialized Carriers & Rigging Association
      ExxonMobil Chemical Co.                         J.J. Keller & Associates, Inc.                      Tyson Foods, Inc.


                                                                 GOLD
         ABF Freight System, Inc.                 International Road Dynamics, Inc.                   Ohio Trucking Association
    Ace Doran Hauling & Rigging Co.                     J.B. Hunt Transport, Inc.                    Ontario Trucking Association
              AMBEST, Inc.                             Jevic Transportation, Inc.               Owner Operator Independent Drivers
        American Bus Association                       Landstar Carrier Services                        Association (OOIDA)
      Arizona Trucking Association             Maine Motor Transport Association, Inc.                     Prevost Car, Inc.
        Covenant Transport, Inc.                        May Trucking Company                    Schlumberger Technology Corporation
     Daecher Consulting Group, Inc.                      McKinzie & Associates                              Siemens VDO
          Greyhound Lines, Inc.                    Mercer Transportation Company                    TML Information Services, Inc.
       Groendyke Transport, Inc.              METTLER TOLEDO Weigh-In-Motion Systems                    Transport Service Co.
                HELP, Inc.                      National Rubber Technologies Corp.                    UPS Ground Freight, Inc.
Intermodal Association of North America           National Tank Truck Carriers, Inc.                        Zonar Systems


                                                                 SILVER
       3M Traffic Safety Systems                California Dump Truck Owners Association         New Jersey Motor Truck Association
        Andrews Transport, L.P.                                     (CDTOA)                           Peter Pan Bus Lines, Inc.
         Bear Dog Enterprises                                   Coach, USA                                    Prime, Inc.
         Boyle Transportation                             James W. Flett Co., Inc.                          RoadLink USA
    Bridge Terminal Transport, Inc.                         Kinard Trucking, Inc.                   SAIA Motor Freight Line, Inc.
            Brown Line LLC                                  Lydall Transport, Ltd.                Universal Transportation Services
                                                 Midwest Specialized Transportation, Inc.         Universal Truckload Services, Inc.


                                                                BRONZE
        Boychuk Transport, Inc.                            Intercomp Company                Motor Transport Association of Connecticut, Inc.
            DATTCO, Inc.                              James A. Turner, Inc. Trucking         Nevada Motor Transport Association, Inc.
         Dibble Trucking, Inc.                            K & B Summers, Inc.                          Pitt Ohio Express, LLC
         Herman R. Ewell, Inc.                          Milton Transportation, Inc.                 TanTara Transportation Corp.
 Calendar of Events
 ROADCHECK 2007                     NORTH AMERICAN CARGO       2008 WORKSHOP
 June 5-7, 2007                     SECUREMENT HARMONIZATION   March/April 2008
                                    PUBLIC FORUM               Denver, CO
 NAIC 2007                          September 20, 2007
 August 20-26, 2007                 Hilton Pittsburgh          NAIC 2008
 Minneapolis Marriott City Center   600 Commonwealth Place     August 2008
 30 South 7th Street                Pittsburgh, PA 15222       Houston, TX
 Minneapolis, MN 55402              Phone: 412-391-4600
 Phone: 612-349-4000                Fax: 412-467-3400          2008 ANNUAL CONFERENCE
 Fax: 612-332-7165                                             September 2008
                                    2008 COHMED CONFERENCE     Winnipeg, MB, Canada
 BRAKE SAFETY AWARENESS             January 20-25, 2008
 WEEK 2007                          Hyatt Regency Savannah
 August 26 - September 1, 2007      2 W. Bay Street
                                    Savannah, GA 31401
 2007 WORKSHOP                      Phone: 912-238-1234
 September 15-19, 2007              Fax: 912-944-3678
 Hilton Pittsburgh
 600 Commonwealth Place             WINTER EXECUTIVE
 Pittsburgh, PA 15222               COMMITTEE MEETING
 Phone: 412-391-4600                February 2008
 Fax: 412-467-3400                  Alexandria, VA




                                                                 www.cvsa.org
                                                                 P (202) 775-1623 F (202)775-1624
                                                                 Washington, DC 20036
Permit No. 3361                                                  1101 17th Street, N.W., Suite 803
 Baltimore, MD
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