Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: https://read.dmtmag.com/i/925196
January 2018 | Overdrive | 13 Attorneys for the Owner-Operator Independent Drivers Association argued last month in court that the U.S. Department of Transportation illegally altered sleep apnea screen- ing guidelines for truck drivers. OOIDA's lawyers say DOT slipped a partially apnea-related appendix into a broader rule after the public comment period had ended. OOIDA also claims the sleep apnea provision within the rule violates a statute established in 2013. That's when Congress passed a law forbidding the Federal Motor Carrier Safety Administration from instituting formal sleep apnea testing and treatment guidelines without using the rulemaking process, which requires a public notice period. DOT, whose lawyers also gave oral arguments Nov. 15 to the 8th Circuit Court of Appeals in Oma- ha, Nebraska, refuted the claims. The appendix did not change the protocol that medical examiners use to determine whether to refer drivers for sleep apnea screening, said DOT attorney Sushma Soni. The rule only moved the questions regarding respiratory and sleep disorders on the form that medical examiners use during DOT physi- cals, Soni argued. Paul Cullen Jr., representing OOIDA, told the court that FMCSA added the sleep apnea provision to the final rule, but that no such pro- vision was included in the proposed rule, meaning OOIDA and others had no opportunity to file comments on the sleep apnea appendix. The rule's appendix on sleep apnea states that "if the medical examiner detects a respiratory dys- function that in any way is likely to interfere with the drivers' ability to safely control and drive a commer- cial motor vehicle, the driver must be referred to a specialist for further evaluation and therapy." The court has not said when it will issue a ruling. – James Jaillet OOIDA, DOT FIGHT OVER SLEEP APNEA DURING AN ENFORCEMENT BLITZ Oct. 15-21, 84 percent of the warnings and citations given to truckers were for state and local moving violations, not counting speeding, which accounted for 7 percent of violations. Top catego- ries after speeding were failure to use a seatbelt, failure to obey a traffic control device and using a handheld phone. DASEKE ADDED three carriers to its conglomerate of flatbed and specialized transportation fleets: Tennessee Steel Haulers & Co. of Nashville; The Roadmaster Group, a Peoria, Arizona-based high-security hauler; and glass-hauling specialist Moore Freight Service of Mascot, Tennessee. NATSO FOUNDATION and Truckers Against Trafficking representatives held a regional coalition meeting in Eagle Ford, Texas, co-hosted with the Texas Attorney General, the Texas Trucking Association and ConocoPhil- lips, to educate truck stop operators about human trafficking and look for ways to combat the crime. A CALIFORNIA WILDFIRE that covered more than 60,000 acres prompted Gov. Jerry Brown to issue a state of emergency for Ventura County, suspending hours of service regulations for truck drivers helping with cleanup and recovery efforts. State Routes 150 and 33 were closed in certain areas, along with many city and county roads. DAIMLER TRUCKS NORTH AMER- ICA recalled about 231 model-year 2018 Freightliner Cascadias because a shift lock bolt in certain Detroit automatic transmissions could seize, preventing shifting. MORE THAN 400,000 Freight- liner and Western Star trucks are being recalled due to a defect that could cause brake lights not to work following repeated hard brake applications. OOIDA argues a 2015 FMCSA rule altered sleep apnea screening protocol and sidestepped the formal rulemaking process. The Minimizer Bandit Big Rig Series will open its 2018 truck racing season March 10 in Mobile, Ala- bama, organizers announced. The year's 14 races will culminate Oct. 6 in Indianapolis. On three dates, the track is yet to be announced. Racers will see some familiar tracks that they saw during the series' inaugural season in 2017, along with new tracks. The series will return to Hickory Motor Speedway in Newton, North Carolina, and Hawkeye Downs Speedway in Cedar Rapids, Iowa. New tracks include Mobile Inter- national Speedway in Mobile; Motor Mile Speedway in Fairlawn, Virgin- ia; Concord Speedway in Concord, North Carolina; Lucas Oil Raceway in Indianapolis; Lake Erie Speedway in North East, Pennsylvania; Salem Speedway in Salem, Indiana; Toledo Speedway in Toledo, Ohio; and Anderson Speedway in Williamston, South Carolina. – Matt Cole Truck racing series announces 2018 slate