Indemnification Legislative Fight!
It appears that the Indemnification fight is not over in the Legislature. As you may recall, in 2010 LMTA was successful in getting legislation passed that prohibited the transfer of liability in transportation and construction contracts as a matter of public policy in Louisiana.
Last year, two pieces of legislation were filed at the request of the Louisiana Chemical Association (LCA) to basically repeal the law. After much lobbying, the bills were not heard and died on the calendar.
The LCA also filed a lawsuit alleging that the law was unconstitutional and were unsuccessful in that challenge on the basis that they had no cause of action. The LCA has notified the court that they intend to appeal the ruling.
Since the second wave of term limits has generated many new legislators, we have a lot of work to do to educate the new members of the Legislature on the issue. The opponents of our law allege that the issue is interference with their right to contract freely. They fail to mention that what they really want to do is use a contract to force someone to accept liability for their negligence.
You need to contact your legislator TODAY to explain how this law impacts your company and that you really them to oppose any attempt to repeal or weaken the law. The Legislative session starts March 12, 2012.
SMC Vehicle Inspection: January 26th – Toomey. The LMTA Safety Management Council will host a courtesy vehicle inspection on Thursday, January 26th at the weigh scales on I-10 in Toomey. We invite you to join us for breakfast at 7:30 a.m. at the Long Horn Travel Plaza on I-10 Exit #4 (2734 Hwy 109 S) in Vinton.
Safety Meeting. Representatives from Louisiana State Police, Weights & Standards and Francine Hernandez with FMCSA will be on hand to discuss enforcement issues and provide enforcement updates.
Courtesy Inspection. Following breakfast, courtesy vehicle inspections will be conducted at the Toomey scales. Notify Scott Reed with Wal-mart at 337-594-1562 (scott.reed@wal-mart.com), or the LMTA office if you or someone from your company will be able to attend the safety meeting and vehicle inspection.
LMTA Safety Management Council News…
2012 Truck Driving Championships (TDC). The 2012 LMTA Truck Driving Championships will be held on March 30-31 in Baton Rouge. The headquarters hotel and site of the 22nd Annual LMTA Safety Banquet will be the new Renaissance Hotel Baton Rouge, 7000 Bluebonnet Blvd. (225-215-7000). The LMTA room block is in place and the rate is $109. Pre-trip inspections and the field course competition will be held at Blue Bayou Water Park (Highland Rd @ I-10). The entry fee is $115 per driver (pre-paid) and includes a banquet ticket for the participating driver only. Additional banquet tickets can be purchased at $45 per person through the LMTA Office. Registration information will be mailed later this month! Registration forms are also available on the LMTA website www.louisianatrucking.com.
“Volunteer” Requirement. As in the past, every company who enters a driver must also provide at least one company representative to participate as a judge and/or work at the competition. Attendance at the planning meeting on Thursday, March 29th at the LMTA office is mandatory. Judging assignments and rules will be reviewed at this meeting.
Truck Driving Championships Planning Meeting. The LMTA Safety Management Council will meet at 9:30 a.m. on Tuesday, January 31st at the LMTA Office in Baton Rouge, LA. The purpose of this meeting will be to discuss plans for the 2012 Truck Driving Championships. Please let us know if you or someone from your company will be able to attend.
Rolling Road Observations. Following the TDC planning meeting SMC members will partner up to perform rolling road observation reports in the Baton Rouge area. We encourage you to join us and work towards your LMTA Safety Award!
LMTA Safety Programs. The LMTA Safety Management Council promotes safety through a series of activities and recognition programs that are available to all LMTA Members. We encourage all members to participate in these FREE LMTA sponsored safety programs – what better way to compliment your company’s current safety program! Information on the 2012 Safety Programs was mailed last week. Registration forms are also available on the LMTA website www.louisianatrucking.com.
Safety Contest Deadlines: You may want to note that the entry deadline for the Fleet Safety Contest is February 10th and for the Driver and Safety Director of the Year is March 1st.
SMC Membership. We encourage all of our members to join and become involved in the LMTA Safety Management Council. The Council is committed to the overall safety of the trucking industry and supports all LMTA safety initiatives. As an SMC member, you join an elite group whose primary purpose is to promote the safety and welfare of the motor carrier industry on Louisiana’s highways. Your membership in the SMC will be of great value to both you and the Association.
For more information on the Safety Management Council, please call Dana at the LMTA office. All LMTA members in good standing are invited to participate in the SMC activities but we strongly encourage membership in the Council.
New Tank Endorsement Requirement. This issue is continuing to generate questions… Does a driver hauling a load of IBCs (intermediate bulk containers) need a tank truck endorsement on his CDL? Following a change effective this past July, the answer is “yes.” Read this week’s LMTA Truck Talk newsletter for the new “tank vehicle” definition and enforcement initiatives and dates.
CMV Cell Phone Ban. Another new regulation that is generating a lot of questions is the ban on cell phone use in commercial motor vehicles. Push to Talk Guidance – The FMCSA released updated FAQs on its new hand-held mobile telephone ban. What constitutes “driving”? – Can a driver use a cell phone while the vehicle is parked? Driving vs. Idling. For more information on these issues read this week’s LMTA Truck Talk newsletter.
New CSA Basic Fact Sheets. The Compliance, Safety, Accountability (CSA) program has just released a new Behavior Analysis and Safety Improvement Category (BASIC) factsheet series. These factsheets are targeted for motor carriers and commercial motor vehicle (CMV) drivers who want to learn more about the agency’s seven BASICs, the Federal Motor Carrier Safety Regulations (FMCSRs) upon which they are based, and how to ensure they comply with those regulations. For more information on how to access this information to gain a more comprehensive understanding of the CSA program and, more specifically, the BASICs, read this week’s LMTA Truck Talk newsletter.
Motor Carrier Financial Performance Survey. ATA conducted a confidential survey of motor carriers’ balance sheets and income statement data along with information on tonnage, mileage, employees, transportation equipment, and other related items. The aggregate results now are available in the ATA Motor Carrier Report with Data for 2010 — the first report since the end of the recession. The data ATA collected for this report are very similar to the financial and operating statistics forms that motor carriers with revenue in excess of $3 million are required to file with the USDOT. To purchase the report or receive more information, visit www.atabusinesssolutions.com or call 1-866-821-3468.
State Property Tax Filings – Caution! Motor carriers often receive notices from states they travel in that they owe those states apportioned property taxes on their rolling stock. Actually, quite a number of states impose such property taxes. Most states are in more or less desperate need of money these days, and while these property tax requirements have not always been rigorously enforced in the past, that’s no guide to the future. Read this week’s LMTA Truck Talk newsletter for more information on which states impose property taxes and how they are/should be filed.
ATA Driver Compensation Study Report – Discount! State Trucking Association members, whether they are American Trucking Associations members or non-ATA members, are eligible to receive a 25% discount on the ATA Driver Compensation Study until April 30, 2012. Conducted post-recession, the study features data from 2010 and 2011 and includes:
- Company employee and contractor data
- Power units operated by employee drivers, owner-operator, and independent contractor drivers
- Solo and team employee drivers by nationwide LTL carriers, regional LTL carriers, nationwide truckload carriers, and regional truckload carriers
- Solo and team owner-operator/independent solo and team employee drivers by nationwide LTL carriers, regional LTL carriers, nationwide truckload carriers, and regional truckload carriers
- Employee driver wage data
- Regional driver wage data
- Hiring and retention practices
- Owner-operator driver data
- Technician data
To purchase or to receive more information, visit www.ATABusinessSolutions.com
(then click on the Economics link) or call 1-866-821-3468. Use promotion code DCS11 when calling or checking out online. The discount will appear online only after you have typed in the promo code at checkout.
Carrier Operating Authority Advisory. In late November 2011, FMCSA upgraded the licensing and registration portion of its website to conform with the elimination of the requirement for motor carriers to file mandatory cargo liability insurance (still required for household goods carriers). That upgrade has resulted in a glitch that FMCSA is diligently working to address. Read this week’s LMTA Truck Talk newsletter for information on what some carriers are experiencing as a result of this glitch and how to ensure that your carrier authority remains active.
FHWA Truck Parking Shortage Study. The Federal Highway Administration (FHWA) contacted ATA seeking data for a truck parking study the agency is preparing for Congress as ordered by a provision in the 2012 Appropriations Act Conference Report which was enacted November 18, 2011. Specifically, FHWA is required to conduct a study on the shortage of commercial motor vehicle parking, along with the impact of compliance with federal safety requirements and which is due to Congress on or before May 16, 2012. Therefore FHWA is asking whether we have any such information that details the following:
- Documented truck parking shortage by state;
- Hours of service rule violations related to parking searches;
- Illegal truck parking stats from trucks parking on ramps and breakdown lanes and other illegal locations;
- Any expert testimony that may have been used in hearings on truck parking;
- Any other recent studies that may have been done on this subject.
We will be working with ATA to gather this information for this study. We know this is a problem in Louisiana. If you can provide us with issues/evidence related to the shortage of truck parking by your drivers, please send the information to Cathy Gautreaux at lmta@bellsouth.net.
LA Transportation Safety Summit – April 3-4. LA-DOTD and the Louisiana Highway Safety Commission invite you to attend the 2012 Transportation Safety Summit. The conference will focus on the implementation of the Louisiana Strategic Highway Safety Plan (SHSP), Safety Strategies, Data, the Highway Safety Manual and Highway-Rail Grade Crossing Safety. For more information on the summit and how you can participate read this week’s LMTA Truck Talk newsletter.