Monday, January 22, 2007

Drive Faster In Utah

Utah bill focuses on speed limits, safe travel
A Utah Senate panel has approved a bill that includes provisions to allow drivers to travel faster and more safely.
The Senate Transportation and Public Utilities and Technology Committee voted 5-0 to approve a bill that would increase the speed limits by 5 mph on state highways and interstates.
Truckers and others traveling on rural interstates and other limited access routes would be cleared to drive 80 miles per hour – up from the current 75 mph limit. The speed limit along urban interstates and other roads would increase from 65 mph to 70 mph.
Another provision in the bill is intended to combat aggressive driving on multi-lane highways by keeping most motorists out of the far left-hand lane. Large trucks already are restricted to the right lanes of highways that have at least three lanes of traffic traveling in the same direction.
The proposed change to state law would require vehicles traveling in the left lane to move right, when practical, when they are about to be overtaken by another vehicle.
Sponsored by Sen. Scott Jenkins, R-Plain City, the bill also would require that people traveling on highways adopt a two-second rule.
Jenkins wrote in the bill that drivers must “follow at a distance so that at least two seconds elapse before reaching the location of the vehicle directly in front of the operator’s vehicle.”
It also would require that drivers preparing to turn right or left must signal their intentions for at least two seconds. Existing law requires a three-second heads up for other drivers.
One other provision in the bill is intended to address the increasing problem of distracted driving. It would create a new category of tickets for “careless” driving. Any person found guilty of two or more moving violations or one moving violation while being distracted by one or more activities not related to the operation of the vehicle would be considered to be driving carelessly.
The bill lists five examples of distracting activities while driving. They include using cell phones, eating, drinking or applying makeup.
Jenkins’ bill – SB17 – is headed to the Senate floor for further consideration.
Reported By: Land Line Magazine

No Death Penalty For Truck Driver : Life Spared

Jury spares life of defendant in Texas trailer deaths trial
A Houston jury spared the life of former trucker Tyrone Williams, sentencing him to life in prison without parole instead.
The jury – which deliberated for nearly six days – also had the option of letting the judge sentence Williams to a term of less than life. The jury made its decision Thursday, Jan. 18.
Williams was convicted on 58 counts last month, stemming from the deaths of 19 illegal immigrants. They died in 2003 after being left in the sweltering trailer of a truck Williams was driving for a smuggling operation.

Reported By: Land Line Magazine

Looks Like Swift Sells Out

As Reported By: Land Line Magazine
Swift Transportation has been bought – by its former president and CEO, Jerry Moyes.
Swift Transportation Co. officials announced Friday, Jan. 19, the merger agreement with an entity formed by Moyes, the company’s largest shareholder, a current director and former chairman of the board and CEO of Swift.
Moyes and family members will acquire Swift in an all-cash transaction valued at approximately $2.74 billion. This includes the assumption of approximately $332 million of net debt.
“After careful consideration, and in close consultation with our financial and legal advisors, the special committee, which is composed of three of the board’s independent directors, and full board unanimously approved the transaction,” Jock Patton, chairman of the company’s board of directors said in a company press release. “We believe the all-cash $31.55 per share price represents a fair value for the company and is in the best interest of all shareholders.”
Under the terms of the accepted agreement, Swift stockholders will receive $31.55 in cash for each outstanding share of Swift common stock. This represents approximately a 31 percent increase over the closing price of Swift stock on Nov. 3, 2006, the last trading day before Moyes made an initial proposal to acquire the company for $29 per share.
The co-founder of Swift initially offered to buy all outstanding shares of the company, and at that time offered $29 a share. That offer was $5 more per share than the stock’s trading price at that time.
According to the Phoenix Business Journal, two separate lawsuits filed by Swift shareholders contended the initial $29-dollar-a-share offer by Moyes was too low.
The Teamsters – which owns shares in the company –opposed the sale. In the lawsuit, Teamster officials questioned whether Moyes’ bid was too low and whether his influence was in the best interest of the company.
The Teamsters weren’t the only ones that questioned the offer by Moyes.
An A.G. Edwards and Sons Equity Research Recent Development Report by transportation analyst Donald Broughton downgraded Swift stock to “sell” shortly after Moyes pitched his $29 per share offer.
“We would point out that if the (original) deal is consummated, Moyes will have assumed/borrowed a total liability of about $2.15 billion or about 2.5 times tangible book value,” Broughton wrote in the report. “We believe this transaction isn't about economics, it’s about ego.”
Swift officials rejected the original proposal from Moyes.
The rejection of the initial offer was made official Nov. 27, 2006, by a special committee comprised of members of the company’s board of directors.
The deal wasn’t officially dead.
The committee members “continued to look at ways to maximize value for company shareholders … to determine if (the) initial proposed price could be increased” to reflect the full value of the company, according to a company press release following the decline of the initial Moyes’ buyout offer.
The board members weren’t the only ones thinking that way.
In the initial buyout offer, Moyes said he thought $29 per share was a fair price to offer, given that it was 21 percent per share over the stock’s trading price the day before he made his offer.
“I am prepared to consider any factors that you believe justify a higher purchase price, and, upon the completion of due diligence, I may be willing to increase my proposed price,” he wrote in his letter to Swift officials leaving the door open for further negotiations.
That apparently led to the signing of the current deal.
“Swift, which I founded in 1966 as a small company with a strong entrepreneurial spirit, has evolved into the operator of the largest truckload fleet in the United States with a dedicated and energetic team of employees, over 17,900 trucks and nearly $3.2 billion in revenues,” Moyes said.
“I am extremely pleased to have reached this agreement with Swift and look forward to building on the unique Swift legacy that has positioned the company for continued growth and success.”
Moyes received commitments from Morgan Stanley for debt financing for the transaction, according to the press release.
The transaction is subject to review by regulatory agencies, approval by Swift stockholders and other “customary” closing conditions, according to the release.
According to a Nov. 6 Securities and Exchange Filing by Moyes, he owns 27.1 percent of the outstanding shares of Swift stock.
Moyes paid $1.25 million in September 2005 to settle a case accusing him of insider trading. He had purchased nearly 190,000 shares of Swift stock just before the company reported better-than-expected earnings.
Moyes stepped down as chairman and CEO in October 2005.
The transaction is expected to be completed during the second quarter of 2007.

Friday, January 19, 2007

Arrest has been made in fatal shooting of Texas trucker

In the city of Grand Prairie, TX – on the outskirts of Dallas – police have arrested a 19-year-old man in connection with the killing of a Plano, TX, truck driver.
According to the Fort Worth Star-Telegram, James Curnel of Arlington, TX, is being held in lieu of posting a $500,000 bond in relation to the killing of 37-year-old Cavit Sevenler, who was shot while sitting in the cab of his truck at a motel.
Three other men who were questioned in the case were released.
Police think robbery may have been the motive, the Star-Telegram reported.

Its wild out there at times yall..... STAY SAFE AND STAY STRONG..... Keep on rolling and we love yall.......
Bamagirl

DRIVERS PLEASE STAY SAFE OUT THERE!!!!!

As reported by OOIDA , police have identified Victim in Virginia truck stop shooting .
Police have released the name of a trucker who was shot to death Sunday morning, Jan. 14, at a truck stop in Chesapeake, VA.
According to WAVY-TV, the victim was 39-year-old Clarence Darden of Suffolk, VA.
Investigators told local media that Darden was at Frank’s Trucking Center when he spotted a dump truck that fit the description of one that had been stolen from his employer. The name of that company was not available at press time.
According to police, when Darden approached the driver and questioned him about the truck, the man pulled out a gun and shot him three times.

God Bless him and his family... Its not as safe as it was years ago! Yall be careful and safe out there! Get along and help one another and take care of your own! We love yall....
The Bamagirl

Florida Lawmaker after a more strict seat belt law......

If a Florida state lawmaker gets his way, police would be permitted to pull over drivers in the state for not wearing their seat belts.
Under a 1986 state law, police can ticket drivers for not buckling up only after stopping a vehicle for another traffic violation, such as speeding or a bad taillight.
Rep. Richard Glorioso, R-Plant City, has taken up the effort for retiring Rep. Irv Slosberg, D-Boca Raton.
Slosberg tried for several years to get primary enforcement of the seat-belt rule adopted, motivated by the death of his daughter Dori, who was killed in a 1996 crash when she wasn’t wearing a seat belt.
In the past the bill has run into opposition from those warning of Big Brother-style government intrusion or racial profiling.
The mood toward the bill in the Legislature, however, could be changing. Florida’s roads and bridges stand to lose millions in federal funding if the state fails to approve a primary enforcement bill by Dec. 31, 2008.
The 2005 Federal Highway Bill gives any state that adopts tougher seat-belt rules or achieves a belt usage rate of 85 percent one-time grant money equal to 500 percent of the highway funding they received in 2003.
Florida is one of 25 states without a primary seat-belt law. Twenty-four states allow police to pull over drivers solely for not wearing their seat belts. New Hampshire is the only state without a mandatory seat-belt law.
As Reported by OOIDA
Land Line Magazine

Arkansas seeks money for more road work......

As if they didnt have it torn up bad enough already!
Road groups in Arkansas are expected to press state lawmakers in the session that opened Monday, Jan. 8, to use general revenues and a sizeable chunk of an estimated $843 million budget surplus to pay for road work.
Dan Flowers, director of the Arkansas Highway and Transportation Department, recently told a road group the state has about $19 billion in highway needs during the next decade. He said the state has $4 billion in anticipated revenue, the Arkansas News Bureau reported.
Flowers, along with Highway Commission Chairman Jonathan Barnett, said the per-gallon tax on diesel, gas and other fuels is flat. They said there isn't enough money being generated through the tax to meet the department's maintenance needs.
To combat the problem, Barnett has signed off on a measure that asks state lawmakers to dedicate sales tax paid on road user-related items to state highways, county roads and city streets, the News Bureau reported.

Looks Like PA has a new ice and snow law for you........

Looks like Pennsylvannia has a new law. It seems as though now if you dont keep your ice and snow off of your rig and you are involved in an accident, YOU WILL BE FINED!!! Truckers and other drivers in Pennsylvania can be fined for failure to clear snow and ice off their vehicles if someone is injured or killed as a result.The new rule, approved during the 2006 legislative session and signed by Gov. Ed Rendell, now is in effect.Under the new law, previously HB121, drivers would face a fine of between $200 and $1,000, per occurrence. Existing state law only requires that the windshield be cleared.
"While one's initial reaction to the requirement to clean off the whole vehicle might be that it will be an inconvenience, a big chunk of ice or sheet of snow falling from a vehicle presents a significant danger," Rep. James Roebuck, D-Philadelphia, said in a written statement.
So DRIVERS, CLEAN THOSE TRUCKS!!!!!!!!!


As reported by OOIDA.

Feds seek comments on EOBR proposal

Do yall want a little black box???????

Comments are being accepted on the proposed regulation that would mandate the use of electronic on-board recorders for carriers that have chronic HOS violations. The proposal also offers incentives for carriers that voluntarily use the so-called "black boxes."
The Federal Motor Carrier Safety Administration unveiled its "notice of proposed rulemaking" on the use of EOBRs at a press conference Jan. 11. The notice has now officially been printed in the Federal Register and the 90-day comment period is open.
FMCSA Administrator John Hill told Land Line Magazine that agency officials are hopeful truckers on the road who will feel the impact of this regulation will be active in the comment period.
He said he wants comments on the "realities of the way the industry operates" and how the proposed regulation will impact that – good or bad.
The complete proposal, along with discussion of the proposed regulation can be seen by clicking here.
The proposed reg isn't sitting well with the Owner-Operator Independent Drivers Association.
OOIDA officials say the proposal to require EOBRs on some trucks is a misdirected attempt to deal with the root causes of hours-of-service violations.
During the press conference last week, Hill outlined the agency's proposal, which includes mandatory use of EOBRs for motor carriers "that have demonstrated a history of serious non-compliance with the hours-of-service rules."
"The FMCSA's solution to hours-of-service enforcement goes long on Big Brother and short on the real issue. FMCSA continues to ignore the inescapable fact that such devices are no more capable than paper logs in providing an accurate record of a driver's compliance with the hours-of-service rules," OOIDA Executive President Todd Spencer said.
OOIDA officials have a different idea than FMCSA about the reasons behind driver fatigue. The real issue is not the time spent behind the wheel driving, which is the time that can be monitored by recorders. It's the 30 to 40 or more hours drivers spend each week on loading and unloading docks that will not be captured by these devices that is the issue.
Drivers who are almost always paid only for miles driven, have no ability to change "this colossal waste of their time," according to OOIDA officials. And, shippers, receivers and carriers have little or no incentive to address this waste since it costs them nothing – and it can even be a profit center for some.
"It will still do nothing to assist drivers to comply with HOS regulations while they are still being economically threatened by motor carriers, shippers and receivers," Spencer said.
According to the proposed regulation, if FMCSA officials determine – based on HOS records reviewed during each of two compliance reviews conducted within a two-year period – that a motor carrier had a 10 percent or greater violation rate, the carrier would be mandated to use EOBRs for two years.
All of the trucks owned and leased to the motor carrier mandated to use EOBRs would be required to have EOBRs installed, according to the proposed reg. The only way an owner-operator with an impeccable driving record, who is leased to a company mandated by FMCSA to use EOBRs, could prevent having the "black box" installed would be to leave the motor carrier.
The proposed regulation also tackles the technology of EOBRs. FMCSA officials have proposed that the EOBRs:
Be able to identify individual drivers;
Be tamper resistant;
Conduct self-tests and self-monitoring;
Be able to produce records for audit; and, among other things
Include GPS tracking of trucks at one-minute intervals.
"As long as an EOBR records only the movement of a truck, and requires a driver to manually input his or her on-duty not driving time, it will fail to be what EOBR supporters wish them to be – a tamper-proof record of HOS compliance," said Rick Craig, OOIDA's director of regulatory affairs.
In addition to mandating the use of EOBRs for motor carriers with patterns of noncompliance, the proposed regulation offers incentives for motor carriers that voluntarily use EOBRs.
Some of the incentives mentioned in the proposed regulation include:
Revising FMCSA's compliance review procedures to permit examination of a random sample of records-of-duty status;
Providing partial relief from HOS supporting documents requirements if certain conditions are satisfied; and
"Other potential incentives made possible by the inherent safety and driver health benefits of EOBR technology."
"Given the clearly demonstrated shortcomings of EOBRs, it is astounding that FMCSA would consider economic incentives to encourage motor carriers to buy this technology while providing zero incentive or support to professional drivers squeezed in the economic/regulatory vise," Craig said.
The proposed regulation would not only apply to U.S.-domiciled carriers, but also to foreign-domiciled carriers subject to compliance reviews by FMCSA – which at this point is just Canadian trucking companies. If the border is opened to Mexican-domiciled carriers, those carriers would also be subject to the EOBR regulation, if it is adopted.
After the press conference, Hill told Land Line that after the close of the 90-day comment period, FMCSA staffers will review all of the comments and a few different things could happen: The agency could issue a supplemental notice seeking more comments, or issue a final rule.
Hill said that the agency anticipates having a final EOBR regulation sometime in the next 18 months to two years.
Where to send comments
The comment deadline is April 18. Comments can be submitted anonymously. All submissions must include the agency name and docket number, FMCSA-2004-18940.
To submit your completed comments, you can:
Visit dms.dot.gov/submit/dspSubmission.cfm and follow instructions;
Fax to: (202) 493-2251; or
Mail to:
Docket Management Facility
U.S. Department of Transportation
400 Seventh St. SW, Nassif Building Room PL-401
Washington, DC 20590-0001

As Recorded by : – By Jami Jones, senior editor
Land Line Magazine

Today In Trucking --------

Well, today like any other day, there is always something new to say or something new going on with trucking. I was just checking out the OOIDA Site and found out several things I thought I would share with you all.

Looks like the US DOT is urging the privatization of public highways! This taken Fri. from THE OOIDA :

The U.S. Department of Transportation is eager to assist states in leasing and selling off their roads and infrastructure to private investors.
Transportation Secretary Mary Peters announced Monday, Jan. 8, that the department has designed model legislation for states to use to authorize public-private partnerships for "building, owning or operating highways, mass transit, railroads, airports, seaports or other transportation infrastructure."
The DOT is using the model to reduce or remove barriers to private investment on the grounds that more lanes and roads will help ease congestion on the highways.
As has been reported extensively by Land Line Magazine, states claim to be strapped for cash for highway and transportation projects.
A highly publicized scenario involved Indiana, where the state legislature and Gov. Mitch Daniels authorized the lease of the 157-mile Indiana Toll Road to private, foreign investors for $3.85 billion in up-front cash. That lease will last 75 years and the private consortium of Cintra-Macquarie will keep the tolls in exchange for maintenance and operation.
The DOT used the Indiana legislation and other states' efforts to privatize in its model legislation for other states.
Illinois leased the Chicago Skyway in 2005 to Cintra of Spain and Macquarie of Australia in the first such privatization effort of its kind, authorized in the August 2005 bundle of federal highway legislation known as SAFETEA-LU.
Twenty-one states and Puerto Rico have some authority for privatizing infrastructure, according to the DOT, but Peters said the model legislation will remove remaining barriers.
Officials in Pennsylvania, New Jersey, Ohio, Maryland, Delaware and Kansas have all recently publicized their interest in privatizing major highways and turnpikes in those states.

Welcome to The Truckers News! :)

Hey Yall!~ So glad to have you! Alot of you will remember me from being over the road for several years! You got The BAMAGIRL here! :)

As alot of you know, I havent been out there with ya in a few years now. I was sitting here thinking about it and thought that I would start you up a site with all of the latest trucking news to keep you up to date!

Feel free to comment at any time!

God bless you all and have a safe trip!!!!

The Bamagirl