4/5/2012 DOT Allows Use of UVA-Blocking Window Film

The Department of Transportation's Federal Motor Carrier Safety Administration now allows the use of compliant window films on big rigs to block UVA rays, which have been linked to skin cancer.

Historically, the enforcement community and the trucking industry have taken the position that no film is allowed on any commercial vehicle, according to the International Window Film Association, a nonprofit group.

"The clarification represents information that impacts millions of truck drivers who drive many hours at a stretch," says Darrell Smith, executive director of the IWFA. "The FMCSA has agreed with the International Window Film Association that the use of 'clear' window films with a minimum 70% visibility rating installed on the front side windows is permitted."

The change follows numerous reports of higher-than-average rates of skin cancer on the left side of the face and arm, according to a 2011 article in the Journal of the American Academy of Dermatology. That article pointed to driver-side UVA exposure as a likely contributor to the disease.

"Sadly, long-haul drivers have faced skin cancer as 'one of the hazards of the job,' and we hope to help change that with this clarification," says Smith.

Professionally installed window film typically reduces exposure to UV radiation by up to 99%, reduces glare, interior fading and hot spots, according to the group.

Legal Representation

If you or your trucking company have questions about CMV violations or questions about compliance with any of these regulations, the attorneys at the law firm of Bostwick & Price, P.C. are available to answer your questions and concerns. www.bostwickprice.com

4/2/2012 DOT Shuts down Utah-based Reliable Transportation Services

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has ordered Utah-based Reliable Transportation Services, Inc. to immediately cease all transportation services, declaring the trucking company and its principal, Jay Zachary Barber, an imminent hazard to public safety.

The order follows an extensive review of the company's operations, which found multiple hours-of-service, hazardous materials, drug and alcohol testing and vehicle maintenance violations, as well as a high occurrence of recent crashes.

"Commercial truck companies that blatantly disregard safety should not be on our roadways and will be shut down," said U.S. Transportation Secretary Ray LaHood.

FMCSA immediately shut down Reliable Transportation after safety investigators found hours-of-service and driver qualification violations that substantially increased the likelihood of serious injury or death to the traveling public.

Investigators discovered that the company was using drivers with suspended or revoked commercial driver's licenses and operating without a driver drug and alcohol testing program. In addition, Reliable Transportation was transporting concealed hazardous material loads without valid federal registration.

"This agency will continue to exhaust every resource within its legal authority to pursue and shut down unsafe trucking companies that place the public at risk," said FMCSA Administrator Anne Ferro. "Companies that refuse to adhere to federal safety rules will not be allowed to operate."

According to the FMCSA order, “Reliable Transportation has violated countless federal statutory and regulatory motor carrier safety rules and has been in at least seven crashes in the last year, which include six crashes since December 2011.”
The order comes after an extensive review of the company’s operations that found the company:

• fails to monitor and ensure that its drivers comply with drivers’ hours of service (HOS) and records of duty status requirements;
• fails to ensure that its commercial motor vehicles are inspected, repaired, and maintained;
• fails to ensure that its drivers have appropriate licenses and endorsements for the commercial motor vehicles they operate;
• fails to ensure its drivers are medically examined and certified;
• fails to ensure its drivers are properly qualified to operate commercial motor vehicles;
• fails to comply with driver controlled substances and alcohol use testing requirements;
• fails to comply with hazardous materials regulations (HMRs ), including registration requirements, training requirements and placarding requirements; and
• intentionally submits fraudulent documents in order to avoid detection of continued safety violations.

According to the FMCSA order, the company used drivers with suspended or disqualified commercial licenses, did not have a driver drug and alcohol testing program, and violated the federal hours-of-service regulations to a degree that the company “substantially increased the likelihood of serious injury or death to the traveling public.”

Legal Representation

If you or your trucking company have questions about Hours of Service violations or questions about compliance with these regulations, the attorneys at the law firm of Bostwick & Price, P.C. are available to answer your questions and concerns. www.bostwickprice.com

Utah CDL Traffic Ticket Defense: What you need to know

If you hold a commercial driver's license (CDL), you know that your license is your ticket to work. You know that you and your family's financial security depends on it. You know it is critical that any ticket you get can compromise your license, your job, or both.

At the law firm of Bostwick & Price, P.C., we represent commercial driver's license holders of all kinds including truck drivers, van drivers, bus drivers and other drivers who received a New York traffic violation or criminal charge.

Traffic Citations Can Put Your CDL On The Line

As a truck driver, you are constantly under pressure to get your load delivered on time, get back on the road and get to where you are going. With this comes the added pressure of worrying about getting a traffic citation that could put your CDL in jeopardy. With as much time as you put in behind the wheel of your truck, it is extremely difficult to avoid some traffic citations. The following citations, among others, can put your CDL on the line:

    Following too closely
    Speeding
    Failure to stop
    Reckless driving
    Careless driving
    Traveling in the wrong lane
    Using off-truck routes
    Failure to obey traffic control devices
    Logbook violations
    Exceeding drivers' hours
    Exceeding truck load weight limits
    Being over-length or over-width
    Tire tread depth
    Lack of required safety equipment
    Other equipment violations

Reporting Your Ticket to Your Employer

According to the U.S. Department of Transportation Commercial Drivers License Program, "Within 30 days of a conviction for any traffic violation, except parking, a driver must notify his/her employer, regardless of the nature of the violation or the type of vehicle which was driven at the time."

We have a thorough understanding of the special CDL rules that could result in your loss of your CDL and employment as a commercial truck driver. We have the experience in dealing with local prosecutor’s in getting traffic citations dismissed or reduced as much as possible under the circumstances.

Legal Representation

If you or your trucking company have questions about Utah CDL Traffic Ticket Defense or other Commercial Vehicle violations, the attorneys at the law firm of Bostwick & Price, P.C. are available to answer your questions and concerns. www.bostwickprice.com