On Tuesday, Nov. 3, by an 81-19 percent margin, voters in the Lone Star State decided to prohibit state government from taking private property and handing it over to a private developer to increase the local tax base.

Proposition 11 on the ballot will be added to the Texas Constitution and will limit government authority to take private property through eminent domain. It prohibits the transfer of such property to a private entity for the primary purpose of economic development, such as a toll road.

However, governments still could seize property for public roads.

A 2005 Texas law prohibits taking of private property for purposes of economic development or the benefit of a private party. But supporters of the proposition said adding it to the state Constitution strengthens the ban. One change will be requiring public “ownership, use and enjoyment” of property.

In addition, supporters said the proposition limits expansion of eminent domain. A two-thirds vote of the Texas Legislature would be required to authorize eminent domain to an entity.

Opponents said this change is unnecessary because Texas law already prohibits taking private property by eminent domain for economic development.

Others said the question left loopholes for seizing property for economic development. With the amendment’s approval, they believe it will be much more difficult for needed reforms to happen.

The privately owned Sitton Motor Lines has about 250 employees, including leased owner-operators.

Company president Richard Sitton isn’t commenting on why the over-the-road operation is closing, but he does say, “It’s going to be an orderly liquidation.”

Moreno Valley Police Sgt. Jamie Briones said the department still hasn’t released the name of the 56-year-old trucker who was shot “multiple times in the back.”

“Right now, we are treating this as a criminal homicide that occurred yesterday morning in the city of Moreno Valley,” Briones told Land Line Now.

The slain trucker drove for KLLM Transport, and he was parked in a dirt lot where Briones said that “periodically truckers do park their rigs for overnight stays.”

Briones said the department has no leads at this time, but that there’s evidence that “some things were taken from the front compartment portion of the truck,” but not from the load itself.

“At this point we do not have any leads and we are certainly asking the public for any information they may have regarding this investigation.”

Persistent rain has slowed down efforts to remove a 150-foot rock slide at mile marker 3, and state DOT officials are now saying it could be four months before the interstate reopens.

Mike Patton is a state DOT technician overseeing the work. He told the Asheville Citizen-Times that there are “rocks still waiting to fall that are extremely large and pose an extreme danger to anybody or a piece of equipment below the slide location.”

The U.S. Department of Transportation and the Federal Communications Commission are teaming up to evaluate technology-based solutions to distracted driving, an issue involving cars, trucks, buses, trains and even aircraft.

Truckers who stay connected to the world through wireless technology but who also witness dangerous driver behavior from their cabs are very much a part of the discussion.

U.S. Transportation Secretary Ray LaHood says the DOT is treating all driver distraction as a problem, from eating to putting on makeup to sending and receiving text messages.

“All of these things are a distraction. We have focused on texting because it’s an epidemic,” LaHood said Wednesday, Nov. 4, during a joint hearing of two House Energy and Commerce subcommittees. “We are all hooked on cell phones.”

LaHood and FCC Chairman Julius Genachowski are forming a joint task force that will help find a technological solution to the problem. Perhaps the solution lies with hands-free or talk-to-text devices, although LaHood says he is not yet convinced.

Other solutions may involve technology that immobilizes certain functions of a wireless device while a vehicle is in motion. The discussion is still young, but wireless providers and other industries testified that the solutions are at their fingertips.

Congress is taking the matter of driver distraction seriously, too, with two Senate bills and one House bill under consideration.

OOIDA favors the approach taken by Sen. Jay Rockefeller, D-WV, and Frank Lautenberg, D-NJ, in S1938.

“We’ve said that distracted driving is a problem and needs to be addressed, but we are cautious of how they’re going to go about this. We endorse the Rockefeller-Lautenberg bill because it does provide the states with flexibility and grants as opposed to a federal mandate,” said OOIDA Government Affairs Counsel Laura O’Neill. “We’ve chosen to support the carrot approach as opposed to the stick approach.”

Bills offered by Sen. Charles Schumer, D-NY, and House Rep. Carolyn McCarthy, D-NY, would penalize states that fail to pass texting bans and other restrictions.

Secretary LaHood, who endorses Congressional action but does not favor a particular bill, is also promoting a regulatory approach through the rulemaking process. Specific to truckers, LaHood’s proposed rule would ban text messaging and would limit the use of cell phones for drivers.

OOIDA will participate in the rulemaking process and offer comments on behalf of the men and women who haul America’s freight.

“Yes, we’re agreeing with Congress to pass some legislation to give the DOT the authority to do this, but we’re also going to participate in the rulemakings to look for what sort of technology they are banning, and how much the penalties are going to be that are levied against truckers, and what sort of rights do law enforcement have for seizing a cell phone and searching it?” O’Neill told Land Line.

“We’re going to be looking at those things very closely. We just want to make sure that the drivers’ rights, particularly their privacy rights, are being protected.”

The toll agencies have also agreed to waive a total of $41 million in “unpaid penalties” as part of a settlement reached in October.

Toll payers filed the first of three lawsuits in 2007, claiming that the agencies were assessing excessive penalties for toll violations to those who had problems with their FasTrak accounts. Violations varied from failure to pay tolls to expired credit or debit cards.

Sixteen motorists filed the first lawsuit after being fined a total of $334,000 for failing to pay about $2,500 in tolls.

The agencies contended that they were within the boundaries of California law for levying fines against those who violated the terms of their FasTrak contracts.

The courts consolidated the lawsuits into case and awarded class-action status to the plaintiffs. Mediation and other proceedings finally led to the settlement.

As a result, the toll agencies have agreed to pay a total of $1.4 million in restitution to eligible toll payers who were assessed more than $1,000 in tolls and penalties between Jan. 1, 2003 and Oct. 5, 2009 on TCA toll roads and between May 31, 2003 and Oct. 5, 2009 for OCTA roads.

The OCTA agreed to waive $32 million in uncollected fines and penalties, while the TCA waived about $9 million.

The settlement also alters the violations process and lowers maximum penalties.

The settlement requires the agencies to notify FasTrak users within 10 days of when a violation occurs and not 21 days as was their previous policy. That allows roadway users to pay their tolls and fines in a shorter time frame to avoid racking up additional fines.

Toll agencies are now required to “consider good faith and/or innocent mistakes as well as a single incident giving rise to numerous penalties as a possible basis to waive penalties associated with one or more violations,” according to the settlement document.

Spokespersons for the plaintiffs and the toll agencies said they were prohibited from talking about the case beyond the facts outlined in the settlement.

Overland Park, KS-based YRC said in a Monday release that it has a plan for viability in the form of a debt-exchange offer, which would see bondholders own 95 percent of the company. Analysts are saying it could work, but current shareholders would be “screwed” by the dilution of shares.

Around 3 p.m. Monday, YRC’s stock was trading at $1.32, down $2.33 or 64 percent, according to Yahoo Finance.

The nation’s No. 1 less-than-truckload carrier has been struggling to stay out of bankruptcy.

That’s because Arizona Gov. Jan Brewer has asked state agencies to consider another round of budget cuts – an additional 15 percent – which could mean the shuttering of all the rest areas in the state.

Arizona Department of Transportation Spokesman Doug Nintzel said the agency “has looked at what an additional 15 percent cut to the agency’s operating budget could do at this midway point in the fiscal year.”

“The moves that have been made and those that might occur are difficult ones, but the state’s budget cuts have forced the agency into steps that more drivers will notice.”

Nintzel said ADOT has shared the information with state policymakers “in the hopes that dedicated transportation funding will not be transferred to fix the state’s overall budget challenge.

“For now, we’re forced to make difficult choices,” he said.

Nintzel said ADOT has had some frank discussions about the rest area closures and the impact this could have on highway safety. He said the Arizona Department of Public Safety has “expressed a desire to work with drivers who safely find a parking location close to our highways.”

“They (DPS) indicate officers will try to understand the challenges related to rest area closures and look at parking situations on a case-by-case basis,” he said.

These items, including a 2009 NTDAW ad, tool kit and other ideas, are available at the 2009 National Truck Driver Appreciation Week website – http://www.ntdaw.org/.  

ATA also announced today that it has extended the deadline for submissions until Nov. 7 for its NTDAW video contest focused on why professional truck drivers are essential. For more information on the contest, visit Truckline.com.

“We’ve received so many great submissions for the National Truck Driver Appreciation Week video contest that we wanted to keep the competition open,” said ATA Vice President Elisabeth Barna. “We can’t wait to post all the creative entries and reveal the winner at the finale of NTDAW.”
 
National Truck Driver Appreciation Week 2009 will take place November 1–7. The dates for upcoming National Truck Driver Appreciation Week celebrations will be: September 19-25, 2010; September 11-17, 2011; and September 16-22, 2012.
 

There are over 3.5 million professional truck drivers nationwide – delivering the goods U.S. consumers need every day of the year. Logging over 432 billion miles per year, trucks delivered 10.7 billion tons of freight in 2007, or 69 percent of total U.S. freight tonnage. Professional truck drivers are more essential to the national economy than ever before, and they’re delivering their loads safely and professionally. To learn more about how essential the trucking industry is, visit http://www.ntdaw.org/.

The Owner-Operator Independent Drivers Association issued a statement Wednesday, Oct. 28, in conjunction with Congressional hearings and efforts by lawmakers and regulators aimed at reducing crashes and deaths associated with driver distraction.

Few know better than truckers who view the road and other drivers from their cabs.

“For years I’ve seen car drivers doing everything from reading books to putting on make-up. Now I see folks texting while driving all too often,” OOIDA Member Dale Wiederholt said.

“All drivers need to put safety first and fully focus on operating their vehicles.”

OOIDA will participate in the rulemaking process initiated by U.S. Transportation Secretary Ray LaHood to target the commercial-vehicle sector.

LaHood’s Notice of Proposed Rulemaking would consider “banning text messaging and restricting the use of cell phones by truck and interstate bus operators while operating vehicles.”

LaHood says he believes that driver education, strong penalties and enforcement – similar to efforts that led to the standardization of seat belts and blood-alcohol limits – would work for implementing driver distraction laws and regulations.

He reiterated those points during hearings this week by the Senate Commerce, Science and Transportation Committee and the House Subcommittee on Highways and Transit.

“Our research shows that unless we take action now, the problem is only going to get worse, especially among our nation’s youngest drivers,” LaHood told the committees.

Bills relating to driver distraction and education are progressing on Capitol Hill.

The latest is Senate Bill S1938, introduced Wednesday by Sen. Jay Rockefeller, D-WV, and Sen. Frank Lautenberg, D-NJ. The bill, seen as a “carrot” approach, would provide incentive grants to states that pass legislation to restrict cell phone use and ban text messaging while driving.

Previously introduced bills, S1536 in the Senate and HR3535 in the House, take a “stick” approach. If passed, the bills would withhold funding from states that resist passing laws to regulate texting and phone use while driving.

To view the legislation, click here and search by bill number.

One of OOIDA’s major directives is to improve driver education.

The Association would like to see more state programs created that involve officers riding with experienced owner-operators so they can witness firsthand how people drive around trucks. Such programs could also lead to better enforcement of existing traffic laws.

Michigan already allows local governments to adopt their own policies. However, there is no statewide ban.

The House Transportation Committee voted to advance a bill that would enact a state law to prohibit drivers from reading, writing or sending text messages. Exceptions would be made for emergencies.

Violations would be a secondary offense – meaning drivers would face $100 fines if they are pulled over for another reason. No points would be added to driver’s licenses.

The bill – HB4394 – now moves to the House floor where a similar effort was approved a year ago, only to stall out in a Senate committee.

The results this time around could turn out more favorably for supporters of a ban on texting while driving.

More than a dozen states have acted this year alone. On Thursday, Nov. 1, New York will become the 15th state to enforce a ban on the practice of operating a motor vehicle while texting. Bans in Illinois, Oregon and New Hampshire are slated to take effect Jan. 1.

Attempts nationwide to curb the practice of using the devices have intensified in recent months. A study by the Virginia Tech Transportation Institute has fueled increased interest in efforts to put a stop to use of the technology. Researchers found that drivers are more than 23 times as likely to be involved in a crash or near-crash while texting at the wheel.

The findings have energized lawmakers in numerous states to pursue legislation during their 2010 sessions to adopt texting bans. More efforts are anticipated as Congress could get involved.

Because truck drivers specifically are among the job classifications at risk for contracting the flu, the Web site has guidelines on truck cab cleaning. The guidelines include the following:

• Anyone cleaning truck cabs should use disposable gloves, and should never wash or reuse the gloves. Eye protection including goggles could be required if the cleaning will include splashing.

• Frequently touched surfaces – including the steering wheel, switches, door grab handles, gauges, knobs and controls and every other non-porous surface – should be cleaned first with detergent and water and then disinfected. Keep the surface wet with disinfectant for the full contact time recommended by the disinfectant manufacturer, and avoid using product application methods that cause splashing or generate aerosols.

• Disposable or reusable plastic covers can be used to protect porous surfaces like mattresses from contamination. The covers should be either discarded or cleaned as soon as possible.

• For spills of body fluids, such as vomit from a sick driver:

• Immediately cover the spill with an absorbent gelling powder, or at least disposable paper towels/cloths.
• Because disinfectants are not “registered for use on porous surfaces”, the guidelines recommend removing porous upholstery, rugs and carpeting that have been exposed to vomit or feces carefully and laundering. Upholstery and carpet that can’t be removed may be cleaned with water and detergent before being allowed to air dry.

• Throw away gloves and soiled material in a sturdy, leak-proof plastic bag that is tied shut and never reopened. Rugs and carpeting should be removed from the truck in the same manner. Such bags should be considered routine solid wastes that can be sent to municipal landfills without additional treatment.

• After cleaning and removing gloves, immediately wash hands with soap and water. If soap and water aren’t available, use an alcohol-based hand gel and wash hands with soap and water as soon as possible. Avoid touching the face with gloved or unwashed hands.

• Don’t use compressed air and/or water under pressure for cleaning or other methods that may cause splashing or which might re-aerosolize infectious material. Vacuum cleaners should be used only after proper disinfection has occurred. Vacuum cleaners should be maintained to minimize dust dispersal and should be equipped with HEPA filters.

BC follows Ontario, Quebec and a few other provinces to restrict drivers’ use of electronic devices while behind the wheel of a moving vehicle.

Inattentive or distracted driving costs an average of 117 lives each year in BC, according to independent research cited by provincial Solicitor General Kash Heed.

“We’re taking action today because British Columbians have made it clear they support stronger restrictions on cell phones and other devices that take a driver’s hands off the wheel and their eyes from the road,” Heed said in a statement Oct. 21.

“Simply put, you cannot talk, type or dial on any hand-held device while driving.”

Educational enforcement begins Jan. 1. A violation will cost a driver $167 and three penalty points when full enforcement begins Feb. 10.

An additional restriction in the law prohibits the use of any phone for young drivers in the Graduated Licensing Program, even if the device is hands-free.

Sen. Mike Bennett, R-Bradenton, has prefiled for the 2009 regular session a bill that is intended to combat aggressive driving on the state’s multilane highways by reducing the number of drivers in the far left-hand lane. This is the sixth time in recent years the bill has been offered in the state.

Dubbed the “Highway Safety Act,” it would give law enforcement more authority to ticket drivers who block traffic, even if they are driving the speed limit in the left lane. A failure to stay to the right would be included as one of the offenses that make up “aggressive careless driving.”

The legislation historically has struggled to advance from committee. It won approval in the House and Senate in 2005, but then-Gov. Jeb Bush vetoed it. He said it would punish people who are driving the speed limit for not getting out of the way of speeders.

Bennett has since changed the bill to address some of the concerns.

The newest effort would prohibit travelers from driving in the left lane of a multilane highway when they are about to be overtaken by another vehicle. Originally, the effort allowed law enforcement to issue citations to drivers who used the left lane for anything other than passing.

Opponents say the bill is “code for increasing speed limits” and that it supports the actions of speeding drivers coming up behind slower drivers. Supporters say the measure would avert dangerous situations where frustrated motorists stuck behind a slower-moving vehicle try to pass on the right.

The bill also changes, from two to three, the number of driving offenses that must be committed at one time to constitute “aggressive careless driving.”

Violators would face a $100 fine in addition to any other fines. Repeat offenders would face as much as a $500 fine and a mandatory court appearance. Drivers also would receive points for each offense committed.

The bill – S482 – is awaiting assignment to committee for the session that begins in March.

The Maryland Transportation Authority has scheduled two public hearings this week concerning the toll rates for the Intercounty Connector, a 19-mile toll road to be built in phases with the first phase opening in fall 2010. Cost of the roadway is estimated at $1.7 billion.

The Authority has proposed a toll range of $1.50 to $2.10 for five-axle trucks during peak times, and a range of $1.20 to $1.80 during off-peak times. Six-axle trucks can expect to pay more. The toll road will be cashless, using E-ZPass as well as a camera system to send toll bills through the mail.

Public hearings give people a chance to comment on the proposed toll rates. Hearing times and locations are as follows:

• 6 to 9 p.m., Wednesday, Oct. 28, at High Point High School, 3601 Powder Mill Road, Beltsville.
• 6 to 9 p.m., Thursday, Oct. 29, at Shady Grove Middle School, 8100 Midcounty Hwy., Gaithersburg.

Public comments are due by 5 p.m., Nov. 23. Visit http://www.iccproject.com or mail comments to ICC Project Office, Attn: ICC Tolls, 11710 Beltsville Drive, Suite 200, Beltsville, MD 20705.

The Maryland Transportation Authority plans to finalize toll rates during its regular meeting Dec. 17 in Greenbelt.

The MDTA currently operates 70 miles of tolled bridges, tunnels and roadways, including the 48-mile John F. Kennedy Memorial Highway.

The Wisconsin Senate voted 27-5 to approve a bill that would forbid the use of text messaging devices for all drivers. Sponsored by Sen. Alan Lasee, R-DePere, the bill – SB103 – has advanced to the Assembly for further consideration.

Violators would face the possibility of significant fines. First offenders would face up to $400 fines. For repeat offenders, fines could reach $800. If use of a texting device causes injury to another person, the fine would be up to $2,000 and/or one year in county jail. If anyone is killed, violators would face up to a $25,000 fine and/or 10 years in prison.

On Sunday, Nov. 1, New York will become the 15th state to enforce a ban on the practice of operating a motor vehicle while texting. More than a dozen states have acted this year alone with bans in Illinois, Oregon and New Hampshire slated to take effect Jan. 1.

Attempts nationwide to curb the practice of using the devices for texting while driving have intensified in recent months. A study by the Virginia Tech Transportation Institute has fueled increased interest in efforts to put a stop to use of the technology. Researchers found that drivers are more than 23 times as likely to be involved in a crash or near-crash while texting at the wheel.

The findings have energized lawmakers in numerous states to pursue legislation during their 2010 sessions to adopt texting bans. More efforts are anticipated as Congress could get involved.

U.S. Sen. Charles Schumer, D-NY, and other Democrats are pushing legislation that would require states to ban texting or e-mailing while driving or do without 25 percent of their federal highway funds.

The large majority of people who answered an informal poll on the Land Line site said they support a federal legislative push to ban texting while driving.

The Joint Transportation, Highways and Military Affairs Interim Committee voted 7-5 to give the Wyoming Transportation Commission the authority to become a tolling agency. In addition, WyDOT would be allowed to devise a master plan to study various tolling scenarios.

With the tolling authority, WyDOT would be able to make a formal request to the Federal Highway Administration to set up tolling booths on I-80.

Specific details of the toll plan in the legislation will not include toll rates or where tolls would be collected. The master plan, which would be presented to Wyoming lawmakers in 2011, would determine the details.

Tolling the existing highway requires approval by federal authorities, as well as passage at the Wyoming statehouse and the governor’s signature.

WyDOT officials say something must be done because Wyoming doesn’t have enough state or federal money to maintain the interstate. They say the situation will only get worse with traffic projected to double in 30 years.

The Owner-Operator Independent Drivers Association is opposed to efforts such as this to pursue tolls on existing highways built with tax dollars. The Association believes that states must come up with ways to fund highway expansion without putting an additional burden on truckers and others already paying their fair share in taxes.

OOIDA executives say that trucks already pay a state fuel tax and a federal fuel tax on every mile they run. Tolling an existing highway is double taxation.

Another revenue generator drawing consideration is a fuel tax increase. The Joint Revenue Interim Committee is expected to discuss the option during a Nov. 18 meeting.

A draft bill proposes increasing the state’s tax on diesel and gas by a dime during the next two years. Initially, the 14-cent-per-gallon tax would increase to 19 cents. It would rise to 24 cents in July 2011.

Truck driver and OOIDA Life Member Bobby Schultz of Cheyenne, WY, says states such as Wyoming cannot keep piling on fees to highway users and not expect to have consequences.

“We have enough taxes. They’re going to tax the truckers right out of work. Then I want to know what they’re going to do,” Schultz told Land Line.

Others say increasing the fuel tax is a losing battle. With more fuel-efficient vehicles and attempts to move away from traditional fuel, as well as people driving less, the fuel tax may not be able to keep up with the demands for road needs.

The tolling authority legislation is expected to be introduced in February during the budget session. It must get a two-thirds majority vote to be considered during the short session.

To view other legislative activities of interest for Wyoming in 2009, click here.