FMCSA Announces Changes to Reporting of Adjudicated Citations

The Federal Motor Carrier Safety Administration (FMCSA) announced in a Federal Register Notice this week that beginning August 23, 2014, motor carriers and drivers will be able to request the removal of roadside inspection violations from agency data systems to more accurately reflect outcomes of judicial proceedings. The updated policy will enable carriers and drivers to request, through the DataQs system the removal of violations that were previously uploaded into FMCSA’s Motor Carrier Management Information System by state enforcement agencies when a driver is found not guilty or if a violation is dismissed in court. FMCSA systems will continue to retain and display violations that result in a conviction or payment of fine. Persons who plead to or are convicted of a lesser charge will also have that information reflected. The changes are part of the agency’s continued effort to improve the quality and uniformity of violation data that is accessible across FMCSA systems to sharpen the focus on unsafe carriers and drivers. FMCSA considered more than 100 public comments before finalizing the updated policy, which has wide support within the commercial motor vehicle industry. For more information on the announcement visit:http://www.fmcsa.dot.gov/regulations/rulemaking/2014-13022.

Updated: Thursday, June 12, 2014

FMCSA Grants Exemption to Livestock Haulers

The Federal Motor Carrier Safety Administration (FMCSA) today announced that drivers of vehicles hauling livestock will be granted a one-year exemption from the 30-minute break requirement during the first eight hours of a shift. This requirement is part of the current Hours-of-Service (HoS) rules for truck drivers to prevent fatigued-related crashes, although drivers transporting agricultural commodities, including livestock, within a 150-air mile radius of the source of those commodities are already exempt from the HoS rules and are not affected by this action. In 2013, FMCSA granted livestock haulers a 90-day waiver during the hot summer months with no adverse effects to safety. As authorized by Congress, FMCSA carefully considers and collects public comments on all applications for exemptions from federal regulations, including HoS for truck drivers. To date, FMCSA has received four petitions for exemptions, which only address the 30 minute break requirement of the HoS rule, and this is the second to be granted. The notice, which has been sent to the Federal Register, can be found here

Updated: Monday, June 9, 2014

Top Guns In Trucking Litigation: APITLAmerica Conference June 6-8, 2014

Plaintiff Attorneys: Join us June 6-8 in St. Louis, MO for the next APITLA National Interstate Trucking Conference Super Summit

 

Screen Shot 2014-04-29 at 8.38.58 PMHere you’ll receive vital tips, tools and tactics for every step of the Interstate Trucking Case. 

Remember, this event is for Plaintiff Attorneys Only! 

For Additional Information Contact APITLA at:

1-888-772-4852 or lori@apitlamerica.com

REGISTER ONLINE AT WWW.APITLAMERICA.COM

Faculty for the Conference Include:

Edward Bassett, Jr., Esq., Westborough, MA
Frank Branson, Esq., Dallas, TX
Stephen Burg, Esq., Englewood, CO
West Babylon, NY Commercial Vehicle Consultants, Robert Crandall,
Brian Davis, Esq., Asheville, NC
Joe Fried, Esq., Atlanta, GA
Dr. Nancy Grugle, Robson Forensic, Denver, CO
Marianne Howanitz, Esq., Ocala, FL
Jake Jagdfeld, Esq., Minneapolis, MN
Brice Karsh, High Impact, Centennial, CO
Dr. William Manion, Salem, NJ
Dan Munley, Esq., Scranton, PA
Paul Paxton, Truck Rx, Pensacola, FL
Dan Ramsdell, Esq., Springfield, MO
Dr. Robert Ray, Esq., Ph.D., Veritas Research, Houston, TX
John Romano, Esq., Lake Worth, FL
Brooks Rugemer, Robson Forensic, Lancaster, PA
Darin Schanker, Esq., Denver, CO
Michael Schreyer, Esq., Bowie, MD
Christian Searcy, Esq., West Palm Beach, FL
Lance Sears, Esq., Colorado Springs, CO
Richard Silverstein, Case Funding, New York, NY
Tom Vesper, Esq., West Atlantic City, NJ
Bernard Walsh, Esq., Bradenton, FL
Tim Whiting, Esq., Chicago, IL
Richard Zalasky, Esq., St. Louis, MO
Richard Ziernicki, Ph.D., P.E., Knott Labs, Centennial, CO

Bernard Walsh, Will Speak at APITLAmerica Top Guns Conference

Screen Shot 2014-05-28 at 10.32.19 PMBernard Walsh will speak June 6 at the APITLAmerica Top Guns Conference about the “A- Z Basics of Handling Trucking Cases.” The APITLAmerica Conference, which will be held in St. Louis June 6-8, features an all-star conference faculty list.

SUPER SUMMIT FACULTY

William Babich
Ted Bassett
Lisa Blue
Frank Branson
Stephen Burg
Robert Crandall
Brian Davis
Joe Fried
Dr. Nancy Grugle
Ken Hardison
Jake Jagdfeld
Brice Karsh
Dr. William Manion
Dan Munley
Paul Paxton
Dan Ramsdell
Dr. Robert Ray
John Romano
Brooks Rugemer
Darin Schanker
Michael Schreyer
Chris Searcy
Lance Sears
Richard Silverstein
Tom Vesper
Bernard Walsh
Tim Whiting
Richard Zalasky
Dr Richard Ziernicki

Registration for this Plaintiff’s Only Conference is still open.

For Additional Information Contact APITLA at:

1-888-772-4852 or lori@apitlamerica.com

REGISTER ONLINE AT WWW.APITLAMERICA.COM

DOT Reminds Commercial Drivers that Physicals Must Now Be Performed by Certified Medical Examiners

National Registry Will Improve Safety for Travelers, Health of Commercial Drivers

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is reminding interstate truck and bus drivers that beginning today, all new USDOT physicals must be performed by a qualified health professional listed on the National Registry of Certified Medical Examiners.

“Safety is our highest priority and it is vital that every commercial truck and bus driver be qualified, alert, and focused when they are behind the wheel,” said Secretary Anthony Foxx. “Medical examiners equipped with a thorough understanding of DOT fitness standards will be able to ensure that commercial drivers meet the health requirements necessary to operate on our highways and roads, thereby strengthening safety for every traveler.”

The new program, which was required by federal law and addresses four National Transportation Safety Board recommendations, sets baseline training and testing standards for medical professionals who perform commercial driver physicals and for tracking of driver medical certificates.

Today, approximately 22,000 medical professionals have completed the coursework and testing and are listed on the National Registry and another 27,000 have begun the certification process.  Current medical certificates held by commercial driver’s license (CDL) holders will continue to be valid until the expiration date that is shown on the card.  Only then will the driver need to seek a certified medical examiner to perform their new examination.

“We have certified thousands of health professionals to conduct driver exams – with more being added every day,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “The online database is easily searchable so drivers can schedule their medical certification exam with a qualified healthcare professional wherever they might be – coast to coast, including Hawaii and Alaska.”

A USDOT medical exam looks at a range of conditions to assess a driver’s ability to safely operate a commercial vehicle, including cardiovascular disease, respiratory and muscular functions, vision, and hearing.

All interstate commercial truck and bus drivers must pass a USDOT medical examination at least every two years in order to obtain a valid medical certificate, maintain their CDL, and legally operate a commercial motor vehicle.

Medical examiners on the National Registry will also be required to maintain and demonstrate competence through periodic training and recertification testing and those that fail to maintain federal standards will be removed.

FMCSA developed the National Registry of Certified Medical Examiners program as part of the agency’s commitment to enhancing the medical oversight of interstate drivers, and preventing commercial vehicle-related crashes, injuries, and fatalities.  To learn more, visit http://nationalregistry.fmcsa.dot.gov.

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Updated: Wednesday, May 21, 2014