Utah Trucking Association Newsletter; December 6th, 2024


Upcoming Events:

  • December 11th, 2024: Surviving a DOT / Compliance Seminar (Sold Out)
  • December 18th, 2024: HazMat Seminar

Announcements:


JoAnn Barney Ipson (June 1, 1947 — November 27, 2024)

Events and Announcements:  


Wednesday, December 11th, 2024


Wednesday, December 18th, 2024


Resources:



Samba Safety


Utah Trucking Association 401K





News:





Important Safety Audit/Compliance Information from UDOT Motor Carriers Divsion

UTA Members,

Let us know if anyone has any questions.

Important information from UDOT Motor Carrier Division regarding clarification on the differences between a Safety Audit and a Compliance Review, so that the UTA members are “in the know” on the differences between the two.  Both investigations achieve separate goals, and have different consequences.

A New Entrant Safety Audit is mandated by 49 CFR and will be completed within the first 12 months of operation for carriers that register on their MCS-150 as an Interstate Carrier.  This audit has certain violations that will trigger an automatic failure of the Safety Audit.  These include:

Alcohol and Drug Violations:

No alcohol and/or drug testing program.

No RANDOM alcohol and/or drug testing program.

Using a driver who refused a required alcohol or drug test.

Using a driver the company knows had a blood alcohol content of 0.04 or greater.

Using a driver who failed to complete the required follow-up procedures after testing positive for drugs.

Driver Violations:

Knowingly:

Using a driver without a valid CDL.

Using a disqualified driver.

Using a driver with a revoked, suspended, or cancelled CDL.

Using a medically unqualified driver.

Operations Violations

Operating a motor vehicle without having in effect the required level of insurance.

Failing to require drivers to make hours-of-service records

Repairs and Inspections Violations

Operating a vehicle declared Out-of-Service for safety deficiencies before repairs are made.

Not performing OOS repairs reported in driver-vehicle inspection reports (DVIRs).

Operating a CMV not periodically inspected.

The outcome of the Safety Audit is pass or fail.  If passed, FMCSA will continue to monitor the New Entrant’s safety compliance and performance.  If failed, FMCSA will require the New Entrant to immediately correct their deficient safety management practices and complete a Corrective Action Plan. If that plan is not successfully completed within 60 days of the date of the audit, the carrier will be placed under a federal Out-of-Service and their U.S. DOT registration will be revoked

A compliance review is an investigation into specific areas of operation based upon safety data known as Behavior Analysis and Safety Improvement Categories (BASICs).  There are seven categories of BASICs that determine a motor carrier’s safety performance and compliance relative to other carriers.  Five BASICs (Unsafe Driving, Hours-of-Service Compliance, Vehicle Maintenance, Controlled Substances/Alcohol, and Driver Fitness) are available to the public.  Two BASICs (Crash Indicator & Hazardous Materials Compliance) are not available to the public. The BASICs organize data from roadside inspections, including driver and vehicle violations, crash reports from the last two years, and investigation results.  Violations adversely affect a company’s SMS results for two years and may prioritize companies for Intervention, ranging from warning letters to full onsite comprehensive investigations. 

A compliance investigation may result in a safety rating, a monetary civil fine or both. If a compliance investigation results in a rating, it will be rated Unsatisfactory, Conditional or Satisfactory (with no rating being indicated by a “Not Rated” rating). Property carriers that receive an Unsatisfactory safety rating will have 60 to request and process an upgrade; hazardous materials and passenger carriers have 45 days to request and process an upgrade. Like with the failed safety audit, if a carrier does not successfully complete the upgrade process in the required time frame their U.S. DOT registration will be revoked, however, unlike the safety audit, that revocation will result in both a federal and a state out-of -service. That revocation will stay in place until the upgrade request is satisfied.


FMCSA to Move Ahead With Revamped CSA Scores

The Federal Motor Carrier Safety Administration (FMCSA), in a Federal Register notice published Wednesday, signaled its intent to move forward with a revamp of its CSA carrier Safety Measurement System (SMS), which it proposed more than a year and a half ago in February 2023Wednesday’s notice serves as an update on the direction FMCSA is heading with potential changes to the system, as the agency responds to comments received during a 90-day preview and comment period.


Bill to Streamline TWIC, Hazmat Credentialing Advances 

The U.S. Senate on Thursday passed a bill that would allow workers to apply existing valid background checks to multiple credentialing programs managed by the Transportation Security Administration, such as the Transportation Worker Identification Credential (TWIC) and Hazardous Materials Endorsement (HME) programs. The Transportation Security Screening Modernization Act has received bipartisan support in both chambers of Congress. The American Trucking Associations has long been a proponent of the legislation. The American Trucking Associations has long been a proponent of the legislation.


Utah Jobless Rate Levels Off at 3.5%

After a few months of inching upward, Utah’s unemployment rate leveled off in October, staying the same as September’s 3.5 percent, leaving about 63,800 Utahns unemployed, according to data released by the Utah Department of Workforce Services (DWS).  The national jobless rate was also unchanged at 4.1 percent last month, said the U.S. Bureau of Labor Statistics in Washington, D.C.Utah’s nonfarm payroll employment for October showed an increase of 1.9 percent from October 2023, with the state’s economy adding a Please log in to see the rest of this story. 


FMCSA to Move Ahead With Revamped CSA Scores

The Federal Motor Carrier Safety Administration (FMCSA), in a Federal Register notice published Wednesday, signaled its intent to move forward with a revamp of its CSA carrier Safety Measurement System (SMS), which it proposed more than a year and a half ago in February 2023Wednesday’s notice serves as an update on the direction FMCSA is heading with potential changes to the system, as the agency responds to comments received during a 90-day preview and comment period.


4,000 Tickets, Warnings Issued to Truckers During Operation Safe Driver Week

Law enforcement officers across the U.S. and Canada issued more than 4,000 tickets/citations and warnings to commercial vehicle operators during Operation Safe Driver Week, a pre-announced safe-driving initiative that was held July 7-13. Passenger vehicle drivers, likewise, were issued just shy of 2,000 tickets/citations and warnings for unsafe driving behaviors.



Work With Industry, Not California, On Emissions: ATA To Truck and Engine Makers

AmericanTrucking Associations (ATA) president and CEO Chris Spear has written a letter to truck and engine manufacturers, urging them to work with industry on emissions regulations rather than the state of California. California’s zero-emission vehicle regulations are “increasingly untenable and unachievable” the association contends.


Transparency: FMCSA Proposes ‘Regulatory Obligation’ for Brokers

After more than four and a half years since petitions were filed from trucking groups seeking increased brokered freight transparency, the Federal Motor Carrier Safety Administration on Wednesday will publish a notice of proposed rulemaking (NPRM) to revise the existing regulatory text around brokers’ record-keeping requirements. In 2020, the FMCSA received petitions from the Owner-Operator Independent Drivers Association (OOIDA) and the Small Business in Transportation Coalition (SBTC) related to broker transparency.


FMCSA Plows Ahead With Changes to Crash Preventability Determination Program

FMCSA is moving forward with its plan to make changes to the crash types eligible for review under its Crash Preventability Determination Program. Crashes that fall under the new and updated crash types occurring on or after Dec. 1, 2024, are eligible for review.


Trump’s Energy Nominee Chris Wright Champions Fossil Fuels

 Liberty Energy CEO Chris Wright is President-elect Donald Trump’s nominee to head the Department of Energy. He favors fossil fuels and has doubts about electric vehicles.


CVSA Conducts Hazmat Road Blitz June 10-14

Commercial vehicle inspectors conducted 3,929 inspections of commercial motor vehicles transporting hazardous materials/dangerous goods (HM/DG) as part of the Commercial Vehicle Safety Alliance’s (CVSA’s) unannounced HM/DG inspection and enforcement initiative this past summer.



How Fleets are Leveraging AI to Boost Operations

Early-adopting fleets use artificial intelligence technology for load planning, dispatch, maintenance, workflows, and customer communication. There are big and small steps to get in on the latest fleet management trend.


More Truck Drivers Looking to Switch Carriers for Better Pay and Home Time

In its most recent truck driver survey, Professional Driver Agency and Conversion Interactive Agency found that 41% of drivers are currently looking for a new driving job. How can carriers retain current truck drivers or poach drivers from other carriers? The top answer to that question should not be surprising: driver pay. More specifically, 82% of survey respondents said they want predictable pay.


Brokers Plan to Fight FMCSA’s Transparency Push

An FMCSA proposal would force brokers to reveal the rate the shipper paid on a load within 48 hours of the carrier’s request. A carrier summed up the FMCSA’s move this way: “about damn time.” And brokers, meanwhile, geared up for a fight.




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