Owners of Trucking Company Guilty of Forcing Drivers to Falsify Safety Records

On Monday September 16, the owners of CDE Corporation and Winsor Hill Hauling and Recycling Corporation, based in Rhode Island, were sentenced to 12 months of probation and fined $1250 for instructing employees to falsify federally mandated United States Department of Transportation (USDOT) Driver Vehicle Inspection Reports (DVIR) so their trucks, needing repair, could remain on the road.

The owners, a married couple, Leslie Cucino and Robert Cucino, Jr. admitted to threatening their drivers to report “no defects” on the DVIR reports otherwise they will be fired. The drivers knew of serious defects but falsified records to keep their jobs. 

Although both Companies are closed down now the scheme went on for years. In multiple cases officers in Rhode Island and Massachusetts issued inspection reports, citing many defects such as faulty brakes. The couple plead guilty to the charges.

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FMCSA Seeking Public Feedback on IL Emblem Petition

On January 20, 2012, Allerton Charter Coach, Inc. submitted a petition to the Federal Motor Carrier Safety Administration (FMCSA) requesting the agency review the Chicago Ground Transportation Tax, which applies to interstate motor passenger carriers, in the FMCSA’s jurisdiction.

The tax requires providers of vehicle passenger transportation in Chicago to pay a fee that varies by the capacity of the vehicle and display an emblem on their windshield as evidence of payment. The tax applies regardless if the vehicle is registered in the state of Illinois and failure to comply results in a fine. The FMCSA prohibits states from requiring interstate CMV’s to display any form of identification other than the ones required by the Secretary of Transportation. However, Chicago found a way around the rules. 

The emblem display is exempt under U.S.C. 14506(b)(2), stating, “The statutory exceptions cited by Chicago are, respectively, credentials required under the International Fuel Tax Agreement or applicable State law and State law rendering motor vehicle licence plates or other displays that the Secretary determines are appropriate.” In 2012, when Atterton first submitted the petition, Chicago opposed and counteragrued that Allerton didn’t demonstrate a live dispute, and proved that the display is exempt. 

Now, seven years later the American Bus Association (ABA) requested the FMCSA republish the petition for an opportunity of additional public feedback. As during the original petition from Allerton, the FMCSA only received five comments. The comment period will end on October 3, 2019. If you’d like to leave a comment, go here.

Source: https://www.fmcsa.dot.gov/regulations/notices/2019-18983

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FMCSA Warns Drivers of Scams Requesting Payment for Biennial Filing

The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies and corresponding businesses to update their information every two years, even if the information hasn’t changed. The required information on the biennial update form (Form MCS-150) includes the name and location of business, operational information, number of vehicles and drivers.

The Wisconsin Department of Transportation (WisDOT),  issued a warning on Friday, August 30, as well as the FMCSA following up with a social media post warning truckers of scams requesting money for carriers to file their DOT biennial update. 

The scams are sent out via email and letters which include threats of fines for failure to pay. These emails and letters containing links to websites requesting money is not associated with the DOT or WisDOT. 

More information about the FMCSA’s biennial updates can be found here. While companies are required to renew their USDOT number ever two years, filing is free on the FMCSA website, here.

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FMCSA Exempts Transco, Inc. From The 30-Minute Rest Break

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On August 27, the Federal Motor Carrier Safety Administration (FMCSA) granted Transco, a large grocery retailer, their request for 30-minute rest break exemption. 

Transco filed a request in October 2018, which the FMCSA has now granted. However, the exemption allows the drivers, “to comply with the 30 minute break requirement while performing on-duty not-driving tasks.”

In Transco’s request for exemption, the company told the FMCSA their drivers are at a higher safety risk with the 30-minute rest break because they operate at lower speeds, make frequent stops, and have set driver schedules. 

The FMCSA noted that, “in most cases Transco relies on team drivers who alternate during shift deliveries. Total trip time averages 17.2 hours. However, total driving time for both drivers combined averages just 9.1 hours. Each driver spends, on average, only 4.55 hours or 32.5% of their shift engaged in driving.” Transco argued that the 30 minute rest break actually decreases their drivers safety.

In addition, the FMCSA stated 3,580 drivers who make wholesale deliveries to grocery and convenience stores are eligible for the 30-minute rest break exemption. 

The exemption is valid for five years.

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