Sens. Charles Schumer (D-NY) and Kristen Gillibrand (D-NY) introduced The Clean Ports Act of 2011 (S. 2011). It would reverse a decision by the Ninth Circuit Court of Appeals and grant to local governments the ability to regulate interstate and foreign commerce by trucks within the port jurisdiction. The Ninth Circuit ruled only the federal government has the power to regulate truck interstate and foreign commerce.

The Clean Ports Act would give ports the authority to regulate truck prices, routes and service in order to improve pollution, congestion and safety. It is designed to create a legal foundation for the type of concession plan the Port of Los Angeles attempted to set up as part of its clean-port program, which would have required drayage drivers to be employees and not independent contractors. That aspect of the LA concession plan was thrown out last October by the U.S. Court of Appeals for the Ninth Circuit.

This is the companion legislation to a measure introduced in the House last February by Rep. Jerrold Nadler, D-N.Y. That bill was referred to the Transportation and Infrastructure Committee, which under Republican leadership is not likely to act on it.

The associations told Reid, “Clean truck plans that have been enacted under current law have reaped tremendous reductions in emissions. If enacted into law, this bill would void the enormous investments made by many small businesses and put them out of work.”

Joel Anderson, IWLA president and CEO, said the bill was one more example of unions pressuring elected officials for the purpose of mandating union-organized businesses. “The goal of this legislation is to handcuff private business owners into adopting a business model that only union business agents would find acceptable.”

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KANSAS CITY, Mo. – The U.S. Dept. of Transport is pushing states to adopt a federal rule that bans cellphones across the country, but a group of safety officials aren’t so sure.

At an annual meeting in Kansas City, the Governors Highway Safety Association shelved a California proposal to urge state legislatures to consider a complete ban on all electronic devices – including both handheld and hands-free — while driving.

The group doubted whether a blanket ban on talking and texting is enforceable or effective.

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Delaware became the 30th state to ban texting while driving when Gov. Jack Markell signing a tough new anti-distraction law that bans drivers in the state from using handheld cell phones while driving and sets strict penalties for texting behind the wheel.

The new law creates a comprehensive statewide restriction on handheld cell phone use. The measure also prohibits drivers from text messaging, sending or reading e-mails or browsing websites while a vehicle is in motion. Under the law, the first offense carries a penalty of $50, while a second offense carries a fine of $100 to $200. The law is primary, meaning police can stop drivers if they suspect a violation of this law alone.

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Massachusetts Text Ban Toughest on Teens

Massachusetts Gov. Deval Patrick last week signed a tough new anti-distraction law that bans texting while driving and sets strict penalties for the practice. Massachusetts is the 29th state to ban texting behind the wheel.

The new Massachusetts bill will fine adults $100 for texting as a first offense, $250 for a second offense and $500 for a third. Drivers younger than 18, if caught texting or using a cell phone while driving, will receive a $100 fine in addition to a 60-day license suspension. In addition, they will be required to take an “attitude” course before getting their license back. A second offense for young drivers would carry a 180-day suspension and a $250 fine. A third offense would generate a one-year suspension and a $500 fine.

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Ontario to Enforce Possibly First Ban on CB Radios

TORONTO — It’s enough to make CW McCall switch to singing the blues.

Ontario’s ban on hand-held cell phones, texting and other communication devices while driving kicks in on October 26, and surprisingly, the government has included truckers’ Citizen Band Radios (CBs) and similar types of two-way radios in the ban.

According to the Ontario Trucking Association, the government plans to phase out CBs and similar UHF/VHF radios over the next three years, assuming that two-way, hands-free technologies are developed within that time. The OTA says that the Ministry could extend that timeframe should no suitable technology be readily available to replace CBs.

Officials insist CBs present a particular challenge since the receiver and communications unit are separate from each other and connected by a cord.

The pending Ontario ban on CB radios appears to be the only one of its kind in North America.

The law, which passed earlier this year, officially takes effect on October 26, where the focus will be on educating drivers. Police will start issuing tickets on February 1, 2010 for non-compliance.

The set fine for talking without hands-free setting or Bluetooth while driving has yet to be determined before that date. However, the fine range permissible for this offense is between $60 and $500. Reportedly, demerit points will not be handed out for violations.

There are some accommodations for the commercial sector, however, including permanent exemptions for satellite, navigation, collision avoidance and other fleet management systems for the viewing of logistical information on a display as long as the vehicle is not in motion and the device is not held in hand.

The same goes for hand-held push-to-talk devices, hand mics and walkie-talkies, which are popular in short-haul and vocational applications especially.

Just as the law applies to standard cell phones, push-to-talk devices can only be used while driving if they are mounted or secured to the vehicle and is easily accessible and activated by one press of a button. It cannot be hanging from the roof of the cab or dashboard.

OTA played a big part in winning some exemptions. Before the finishing touches were made to the law, MTO officials were taken to trucking companies to witness the need of such technology in daily operations.

The OTA supported the intent and the principle of the law. It says the final version “is directionally appropriate.”

“We support the hand-held cell-phone ban and believe that the Ministry has made reasonable accommodation for most of the other hand-held devices used by industry that serve an important business purpose.”

However, Bradley concedes that the three-year phase-out of hand-held CBs is likely to draw the attention of many truck drivers.

“Given the still pervasive use of these devices in the industry, I expect there could be push-back from some truck drivers,” he said. “In many respects the CB is not only an important part of the truckers’ social network, but it is also an important safety device in its own right.”

[source - todaystrucking.com] ]]> http://www.myettnews.com/2009/10/over-out-on-cell-phone-texting-ban-includes-cb-radios/feed/ 0 http://www.myettnews.com/2009/10/interest-group-seeks-national-cell-phone-ban-for-truckers/ http://www.myettnews.com/2009/10/interest-group-seeks-national-cell-phone-ban-for-truckers/#comments Mon, 12 Oct 2009 15:50:15 +0000 Rhonda Flathman http://www.myettnews.com/?p=1418 The lobby group Advocates for Highway and Auto Safety is urging the Federal Motor Carrier Safety Administration to ban commercial truck drivers from using “unsafe” electronic devices, including those that are wireless or hand-held. The organization seeks to reduce the number of driver distractions, and several recent studies have pointed to cell phones as the key cause. However, other studies indicate the the cause of the majority of serious crashes is passenger car error. The group is asking the FMCSA to determine which electronic devices should be deemed unsafe.

Advocacy Group Seeks to Ban Unsafe Electronic Devices

WASHINGTON — A U.S. advocacy group has filed a petition with the DOT, calling on the Federal Motor Carrier Safety Administration to implement a rule to restrict the use of “unsafe electronic devices” by commercial truck drivers, regardless of whether they’re needed for the job.

Henry Jasny, the general counsel of Advocates for Highway and Auto Safety, told reporters that focusing on truck drivers was the most direct and fast approach to address the safety issue since the FMCSA directly controls the regulations affecting of commercial driver behavior. When it comes to banning device use by passenger vehicle drivers, the issue is in the hands of the states or Congress, Jasny said.

The petition calls for regulators to evaluate all wireless electronic devices used for telecommunications, telematics, entertainment and driver assistance (regardless of whether they are mobile or installed into the vehicle electronics platform) that can be used by drivers while operating a truck.

“Driver distraction is a serious and growing safety problem,” said “If safety is indeed our nation’s number one transportation priority, now is the time for FMCSA to act to stem the rising tide of distracted driving crashes, deaths and injuries.”

Gillan, Advocates vice president, says her group is against the use of electronic devices — both handheld and hands free — while driving for talking, texting and other purposes.

The petition asks the FMCSA to determine which devices are unsafe.

During the conference call, the group, which is funded by the Property Casualty Insurers Association of America, referred to several studies that point to the dangers of cell phone use and distracted driving, including the Virginia Tech study, which found that 58.8 percent of the critical events in large truck fatal crashes resulted from the action of another vehicle, while 20.9 percent resulted from the action of the truck driver.

According to the Associated Press, the American Trucking Associations has a neutral stance on a ban on cell phone use by truck drivers until the language of a rule is revealed. ATA’s safety agenda explains that some forms of electronic communication devices hinder driver performance by taking the driver’s eyes off the road.

Like most other special interest groups, Advocates cites the oft-repeated stat that nearly 5,000 people are killed and 100,000 injured each year in crashes involving large trucks, without acknowledging that the vast majority are the fault of passenger car drivers or are not attributed to truck driver error, specifically.

When that was brought up reporters, Jerry Donaldson, senior research director for Advocates, responded by saying that studies that support that argument weren’t legitimate.

Of course not.

[source - todaystrucking.com] ]]> http://www.myettnews.com/2009/10/interest-group-seeks-national-cell-phone-ban-for-truckers/feed/ 0