ATA Truckline Newsletter

 

 

Thursday, April 7, 2005


 

D.C. DELAYS HAZMAT BAN FOR MOTOR CARRIERS

The District of Columbia's Department of Transportation has issued emergency regulations implementing the Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005. The Act requires carriers transporting certain ultra-hazardous materials within 2.2 miles of the Capitol to obtain a permit. Most significantly, the D.C. DOT has determined that on April 11, 2005, the hazmat restrictions will apply only to rail carriers; the restrictions will apply to motor vehicle carriers "when legal issues are resolved." Among the legal challenges to be resolved is ATA's preemption petition challenging the D.C. ordinance as an impermissible routing restriction. The new regulations contain the application procedures for the permits, the enforcement and adjudication provisions and the schedule of fines. Copies of the emergency regulations and the proposed permit application may be accessed through http://dc.gov/indx.asp. For more information, contact Rich Moskowitz at 703-838-1910 or rmoskowitz@trucking.org.

ATA TO PROPOSE REGULATORY IMPROVEMENTS AT DOT PUBLIC MEETING

ATA will present recommendations before the U.S. Department of Transportation's administrative leadership on April 12 to enhance their regulatory agenda. The focus of the public meeting is to consider ways to make rules more effective and less burdensome; identify rules that may be needed or no longer needed; and help prioritize DOT's rulemaking activities. In the limited time for presentation, ATA will offer several additions and changes involving controlled substance testing procedures, hazmat incident reporting, hours-of-service supporting documents requirements, commercial vehicle lighting equipment interchangeability, hazmat permitting by states and locales, and safety requirements for intermodal equipment providers. For more information, contact Dave Potts at 703-838-1848 or dpotts@trucking.org.

AFTC CHAIRMAN URGES SENATE PASSAGE OF AG EXEMPTION LEGISLATION

ATA's Agricultural and Food Transporters Conference Chairman, Greg Owens, has urged the Senate to include a provision in its Highway Bill using language in an amendment offered by Rep. Jerry Moran (R-KS) that overwhelmingly passed the U.S. House of Representatives on March 9 by a bi-partisan vote of 257-167. Owens called for the action in advance of Senate markup on April 14 of the safety title for the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005. "This provision, which is similar to language included in the Senate highway bill last Congress, is needed to safeguard the continuation of a necessary agricultural transportation exemption for U.S. agriculture," Owens said. Congress established an exemption to the hours-of-service rules for the agriculture industry in 1995, " but more must be done to protect this exemption to ensure that agricultural commodities and farm supplies can continue to be transported to and from the farm during the peak planting and harvesting seasons," he said. The Moran amendment would provide more permanent protection for the agricultural exemption and more clearly define the term 'agricultural commodity' to include feed, fiber, and livestock in line with the definition used in the Agricultural Trade Act of 1978 and the intent of Congress in 1995. "AFTC recognizes the importance of this issue to our nation's agricultural community and economy. It's essential that we meet our nation's food and fiber needs and remain competitive in a global marketplace and I urge the Senate to include the HOS agricultural exemption provision in the Senate highway bill this year." For more information, contact Fletcher Hall at 703-838-7999 or fhall@trucking.org.

ATA LITIGATION CENTER FORUM SET FOR JULY

The ATA Litigation Center's Forum for Motor Carrier General Counsels is set for July 24 to 27 in La Jolla, CA. The educational seminar will focus on legal and policy issues of specific interest to trucking industry attorneys (both in-house and outside counsel), other trucking industry executives, and insurance professionals. Included will be sessions on the federal hours-of-service rule, cross-border operations, trucking labor law concerns, owner-operator litigation, freight charge collection and freight claims issues, and a full day symposium on issues related to defending highway accident cases. The forum will feature two guest speakers: William Kristol, political analyst and commentator and editor of The Weekly Standard , and former U.S. Senator Alan Simpson. The forum will offer continuing legal education credits, including ethics credits. Brochures are available online at www.truckline.com/upcomingevents/ and may also be obtained from Kelli Brown at 703-838-1857 or kbrown@trucking.org.

NEW ATA MEMBERS

ATA has added the following companies as new members during the past week: Douglas L. Myovich Trucking, Fresno, CA; F. D. McRae Trucking, New Castle, DE; Jacobsen Transport, Wahpeton, ND; and SEK Transportation, Parson, KS. For information on ATA membership call toll free 888-333-1759.


 


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