Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/634029
20 | Overdrive | February 2016 Logbook DRAYAGE COMPANY Pacific 9 Transpor ta- tion owes 38 drivers $6,926,279 in wages, ruled the California Labor Commission. It concluded that the drivers are em- ployees, not contractors. LAND-AIR EXPRESS of New England, a less- than-truckload company with 330 trucks and 340 drivers, was allowed to resume operations Jan. 7. The Federal Motor Carrier Safety Adminis- tration had placed the Vermont-based fleet out of ser vice Dec. 29 af ter a compliance review had resulted in a "proposed unsatisfactor y" safety rating in October. FMCSA upgraded the carrier 's rating to "conditional" based on a negotiated safety plan and said it would monitor its safety performance for the next two years. MACK TRUCKS agreed to the use of renewable diesel fuel in all Mack en- gines. Similar to biodies- el, renewable diesel fuel is derived from biomass feedstocks, including animal fats and oils, but is produced using a dif- ferent process and main- tains physical proper ties and performance similar to petroleum diesel. THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION withdrew a notice of proposed rulemaking that would have required motor carriers operating in interstate commerce to have vehicles display decals cer tifying safety compliance. HENIFF TRANSPORTA- TION SYSTEMS, head- quar tered in Oak Brook, Ill., acquired Nederland, Texas-based bulk chemi- cal hauler EZ Alternative Transpor t. The acqui- sition expands Heniff 's Gulf Coast footprint to more than 200 trucks and gives the company 14 terminals. CRST Expedited has applied for an exemption from the regulation that requires a commercial driver's license holder to be seated in the front seat of the truck while a commercial learner's permit holder operates the truck. The exemption would allow CLP holders who have passed the CDL skills test to drive a truck without a CDL holder in the front seat. This is the same exemption C.R. England was granted in June. In its request, CRST said "the CDL holder would remain in the CMV at all times while the CLP holder is driving, but not necessarily in the passenger seat." The company said the exemption would "promote greater productivity and help individ- uals who have passed the CDL skills test return to actively earning a living faster." CRST also applied for an exemp- tion in August that would allow some of its drivers to use split-sleeper berth time to satisfy off-duty requirements. The Federal Motor Carrier Safety Administration is seeking comment on CRST's CLP exemption request. To comment, go to regulations.gov and search Docket No. FMCSA -2015-0480. – Matt Cole CRST also applied to allow some of its drivers to use split-sleeper berth time to satisfy off-duty requirements. CRST requests learner's permit exemption The U.S. Occupational Safety and Health Administration last month or- dered a New York trucking company to pay a driver $45,000 after he was fired for reporting mechanical safety problems. In 2011, the trucker began working for Brindi Trailer Sales and Services Inc. of Merridale, a for-hire interstate carrier with one tractor-trailer. Soon after, he requested owner Robert Ur- bina Brindi repair the truck, includ- ing fixing ineffective brakes, steering problems, broken turn signals, leaks and a cracked windshield. In February 2012, after Brindi re- fused to correct the issues, the driver contacted the Pennsylvania Depart- ment of Transportation. The trucker was fired after PDOT put the truck out of service for 16 violations. OSHA determined Brindi had violated the anti-discrimination provisions of the Surface Transporta- tion Assistance Act. It ordered him to compensate the trucker $32,642 in lost wages, $10,000 in punitive damages and $3,060 in attorney's fees, and to expunge his employment record. OSHA does not release the names of employees involved in whistleblow- er complaints. – Jill Dunn Whistleblower gets $45,000 after firing