A Personal Thank You for Christmas

So tomorrow is Christmas and I have some time to slow down and be thankful. It has been a hard year all in all, but I have much to be grateful for:

First, my mother is out of the hospital after some surgery. Home for Christmas with snow on the way.

Second my children, two of whom currently have chicken pox for Christmas, are otherwise healthy and brilliant (you can call them brilliant if they can figure out more ways to get INTO trouble than you can figure out ways to keep them OUT of trouble, right?). It is supposed to snow for Christmas and the house is already LOUD and full of cheer.

Finally, My clients, all of whom have suffered great tragedies in their lives, have all blessed me with uplifting stories about their loved ones, many of whom are no longer with us. I cant begin to describe the emotions that come with such a courageous gift, but let me say that knowing my clients has made me a better person and a better father. I thank each of you for your willingness to share and bring me, for a short time, into your lives and dreams.

Merry Christmas and Happy New Years! May God bless you all and keep you safe in 2011,

Morgan

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FMCSA PROPOSES BAN ON CELL PHONE USE BY TRUCK DRIVERS

This is a good idea. The summary of the Rule, proposed in the Federal Register (here) on December 21st,  states:

The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. The Agency proposes new driver disqualification sanctions for interstate drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver's license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, interstate motor carriers would be prohibited from requiring or allowing drivers of CMVs to engage in the use of a hand-held mobile telephone while operating in interstate commerce. This rulemaking would improve safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs.Show citation box

Pre-employment Screening Program (PSP) for Drivers is LIVE

In case you missed it the PSP (Pre-employment screening program) is now live. PSP is designed to assist the motor carrier industry in assessing individual operators’ crash and serious safety violation history as a pre-employment condition.

Carriers should be using this program to check on all new drivers. The PSP website is located here. The cost to the company is only $10 per driver report. The PSP system allows motor carriers to search a driver’s history in multiple states. The fee remains $10 regardless of the number of states queried for a driver.

The Pre-Employment Screening Program is a screening tool that allows motor carriers and individual drivers to purchase driving records from the Federal Motor Carrier Safety Administration’s (FMCSA) Motor Carrier Management Information System (MCMIS). Records are available for 24 hours a day via Web request.

Driver Information Resource records purchased through PSP contain the most recent 5 years of crash data and 3 years of roadside inspection data from the FMCSA MCMIS system on each driver.

CSA 2010 NOW LIVE!

CSA (formerly CSA 2010 [which originally stood for Comprehensive Safety Analysis but was changed on Nov 30th to Compliance Safety and Accountability and the 2010 was dropped]) is now live at www.SAFERSYS.org .  This will have a significant impact on litigation involving trucks, buses, and other commercial motor vehicles.

FYI, the FMCSA caved to industry pressure so there is now  a warning that indicates the data is not a safety fitness determination or a safety rating. The warning pops up when you log into the SaferSys site.

OLD TIRES ARE DANGEROUS

I have previously discussed the dangers of old tires in a prior blog. It is a topic that remains an ongoing concern because there are still vendors selling old tires and people driving on old tires. In short, people are still dying from preventable wrecks due to old dangerous tires.

In keeping up on this topic for my litigation practice I ran across the Safety Research & Strategies site and its additional links to government sources and reports on old tires. The site is outstanding and well worth a review for anyone interested in this topic . The SRS tire material can be checked out here.

FMCSA DELAYS PUBLIC ACCESS TO CSA 2010 UNTIL DECEMEBR 12th

The FMCSA announced on November 30th that it would delay the national rollout of CSA 2010 until at lest December 12th. Specifically the FMCSA stated: 

The Compliance Safety Accountability (CSA) program’s national rollout will occur no earlier than December 12, 2010, despite reports to the contrary. We appreciate the continued support as the Federal Motor Carrier Safety Administration (FMCSA) moves forward towards implementing this important new safety enforcement and compliance program