Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: https://read.dmtmag.com/i/757641
14 | Overdrive | December 2016 Logbook A restriction barring Mexico-domiciled car- riers from leasing com- mercial vehicles to U.S. carriers to haul freight into the United States outside of commercial zones on the border has been lifted by the Feder- al Motor Carrier Safety Administration. The restriction had been set with the Motor Carrier Safety Improvement Act of 1999, which established FMCSA, and was to be kept in place until certain obligations in the North American Free Trade Agreement had been met. To meet these obligations, FMCSA conducted the U.S.-Mexico Cross Border Long-Haul Trucking Pilot Program from 2011 through 2014 to determine the safety of Mexican motor carriers. Although the U.S. Department of Trans- portation Office of In- spector General deter- mined the program had too few Mexican carrier participants, FMCSA in January 2015 began accepting applications from Mexico-based haulers for operating authority, meeting the NAFTA obligations and lifting the restriction. FMCSA says Mexi- can-domiciled carriers now are allowed to lease equipment to U.S. motor carriers, regardless of where the freight is going, as long as the equipment is up to FMCSA regula- tions. In such cases, the U.S. carrier assumes "complete responsibility for the operation of the equipment," FMCSA says. – Matt Cole The Owner-Operator Independent Drivers Association said last month that it intends to file a motion asking the court that heard its lawsuit against the U.S. Department of Transpor- tation's electronic logging device mandate to rehear its case. OOIDA Executive Vice President Todd Spencer said the request for a rehearing will be made to the 7th Circuit Court of Appeals following the court's Oct. 31 decision to uphold the mandate. Three of the 7th Circuit's 13 judges heard the case, and they were assigned randomly, Spencer said. A rehearing would draw the full 7th Circuit bench to the case if OOIDA's motion is granted and would allow the owner-operator advocacy group to restate its arguments against the mandate. The ELD rule, OOIDA argues, violates truckers' Fourth Amendment rights, promotes harassment of truck- ers by their carriers, doesn't comply with Congress' directives and is more costly than beneficial. If the 7th Circuit denies OOIDA's request for a rehearing en banc, the association likely will appeal to the U.S. Supreme Court, Spencer said. – James Jaillet OOIDA to ask for new ELD hearing Leased Mexican equipment must meet FMCSA regulations, and the U.S. carrier assumes complete responsibility for its operation. AN HOURS OF SERVICE exemption granted to the American Trucking Associations in 2015 on behalf of certain security-sensitive hazmat haulers was ex- tended through 2020. The exemption from the 30-minute rest break rule is limited to drivers transporting hazmat loads with security plans on file that require them to constantly attend to the cargo. Exempt drivers are allowed to use 30 minutes of "attendance time" to meet the rest break requirement. A FEDERAL APPELLATE COURT concluded the Federal Motor Carrier Safety Administration's Pre-employment Screen- ing Program does not violate drivers' privacy by providing non-serious safety violations to potential employers. The 1st U.S. Circuit Court of Appeals affirmed a lower court's Oct. 21 dismissal of a lawsuit filed by six truckers. TRAVELCENTERS OF AMERICA formed the TA Truck Service Commercial Tire Network, expanding the brands available through its RoadSquad emergency roadside and OnSite mobile maintenance services. RYDER SYSTEM updated its pre-owned vehicle sales website, Usedtrucks.Ryder. com, making it easier to find used trucks. Mexican carriers allowed to lease equipment in U.S.