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bus2WASHINGTON – On Nov. 1, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) will kick-off the 2015 “Be Ready. Be Buckled.” student art contest organized by the Commercial Motor Vehicle Safety Belt Partnership. Open to students in kindergarten through sixth grade with relatives or sponsors in the commercial truck and bus industries, the contest educates kids about highway safety and urges commercial drivers to buckle up on every trip.

“Buckling your safety belt should be an automatic practice for every driver and passenger since it’s the simplest and most effective way to save your life in the event of a crash,” said U.S. Transportation Secretary Anthony Foxx. “The purpose of this art contest is to engage children and their parents in discussing safety and to provide a calendar of kids’ artwork that serves as a year-round reminder to always buckle-up.”

In just the last three years, safety belt use has continued to rise among medium-to-heavy truck and bus drivers to an all-time high of 84 percent, according to a 2013 FMCSA study. While good news, there is room for improvement. The National Highway Traffic Safety Administration’s most recent data from 2012 showed that 697 occupants of large trucks were killed in crashes; approximately 40 percent were not wearing safety belts.

“The good news is that overall safety belt use for professional bus and truck drivers has steadily increased each year and as a direct result, more lives are being saved,” said FMCSA Acting Administrator Scott Darling. “We are focused on reminding every driver that there is never an excuse to skip the important step of buckling up.”

FMCSA will accept contest submissions through Feb. 28, 2015. Students can submit their artwork by mail to the following address:

CMV Safety Belt Partnership
c/o CVSA
Attention: Nicole Leandro
6303 Ivy Lane, Suite 310
Greenbelt, MD 20770

Artwork will be evaluated in two categories: one for kindergarten through second grade, and another for third through sixth grade.

Twelve winners will be selected in April 2015, and their artwork will appear in the 2016 “Be Ready. Be Buckled.” contest calendar.

All 12 students will also be honored at a ceremony at USDOT headquarters to be held in the spring. To see last year’s winners and learn more about the “Be Ready. Be Buckled.” contest, visit: http://www.fmcsa.dot.gov/safety-security/safety-belt/index.htm.

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration Oct. 21 announced it has awarded $1 million in grants to nine technical and community colleges across the country to help train returning military veterans for jobs as commercial bus and truck drivers. The funding is provided through FMCSA’s Commercial Motor Vehicle – Operator Safety Training (CMV-OST) grant program.

“Those that we entrust to protect and serve our nation deserve opportunities that utilize the skills and training they received on the job on military bases overseas and at home,” said U.S. Transportation Secretary Anthony Foxx. “We can think of none more appropriate to safeguard our highways as commercial vehicle drivers than the thousands of veterans who have already proven they can safely handle large vehicles under extremely stressful circumstances.”

“These unique grants are designed to help recruit, train and place veterans and their spouses in good jobs that are in high demand and in an industry that is vitally important in keeping our national economy moving forward,” said FMCSA Acting Administrator Scott Darling. “Graduates of these training programs are continuing to serve our nation by ensuring that the goods and products we depend on are delivered professionally, efficiently and, most importantly, safely.”

FMCSA awards CMV-OST grants to organizations that provide truck driving training, including accredited public or private colleges, universities, vocational-technical schools, post-secondary educational institutions, truck driver training schools, associations, and state and local governments, including federally-recognized Native American tribal governments. The funds are used to recruit, train, and provide students job placement assistance after graduation.

The 2014 FMCSA grants announced today will provide training for nearly 400 new students. The awards were made to the following organizations:

  • Florida – South Florida State College, Avon Park, Fla., $58,003
  • Illinois – Joliet Junior College, Joliet, Ill., $165,800
  • Minnesota – Century College in White Bear Lake, Minn., $91,080
  • Missouri – Crowder College, Neosho, Mo., $72,160
  • Nebraska – Metropolitan Community College, Omaha, Ne., $47,614
  • Pennsylvania – Northampton County Area Community College, Bethlehem, Pa., $134,400
  • Pennsylvania – The Sage Corporation, Camp Hill, Pa., $249,968
  • Texas – Lone Star College-North Harris, Houston, Texas, $73,704
  • Virginia – Tidewater Community College, Norfolk, Va., $107,271

The Commercial Motor Vehicle – Operator Safety Training Grant Program was established by Congress in 2005 through the Safe, Accountable, Flexible, Efficient Transportation Equity Act – A Legacy for Users (SAFETEA-LU), to expand the number of commercial driver’s license (CDL) holders possessing enhanced operator safety training to help reduce the severity and number of crashes on U.S. roads involving large trucks and buses.

In July 2014, FMCSA announced that the Military Skills Test Waiver Program had been expanded to include all 50 states and the District of Columbia. Under this program, state licensing agencies have authority to waive the skills test portion of the CDL application for active duty or recently separated veterans who possess at least two years of safe driving experience operating a military truck or bus. Waiving the skills test expedites the civilian commercial drivers licensing application process and reduces expenses for qualified individuals and operating costs to state licensing agencies.

FMCSA also announced this summer that, commencing with Virginia residents, returning military service personnel who possess a state-issued Skill Performance Evaluation (SPE) certificate due to a limb impairment will automatically be recognized as equivalent to an FMCSA-issued SPE certificate and allowed to obtain an interstate commercial driver’s license (CDL). FMCSA encourages other state licensing agencies to establish comparable equivalency SPE programs.

To learn more about the Commercial Motor Vehicle – Operator Safety Training Grant Program, please visit http://www.fmcsa.dot.gov/grants/cmv-operator-safety-training-grant/commercial-motor-vehicle-cmv-operator-safety-training.

For a listing of last year’s CMV – OST grant recipients, please visit http://www.fmcsa.dot.gov/newsroom/federal-motor-carrier-safety-administration-announces-almost-1-million-train-veterans.

To learn more about the Military Skills Test Waiver Program, please visit http://www.fmcsa.dot.gov/registration/commercial-drivers-license/military.

To learn more about the U.S. Department of Transportation’s dedication to our nation’s veterans, please visit http://www.dot.gov/veteranstransportationcareers.

UTU Bus Department logoWASHINGTON – A Final Rule has been issued by the Federal Motor Carrier Safety Administration (FMCSA) prohibiting bus (including school bus) drivers and truck drivers, operating in interstate commerce, from using hand-held cell phone while operating their vehicles.

Also inncluded in the ban are drivers of small passenger vehicles designed to transport between nine-and-15 passengers.

The final rule will become effective in late December, and violation subjects drivers to stiff fines and loss of their commercial driver’s license.

An exemption permits the use of a hand-held device for communicating with law enforcement or other emergency services while the vehicle is in operation.

The ban exempts the use of hands-free devices located in close proximity to the driver where the driver need only press a single button. The FMCSA said stops can be avoided “by using hands-free” devices with a speakerphone function or a wired or wireless earphone.

In 2010, the FMCSA banned text messaging by bus (including school bus) and truck drivers while operating their vehicles in interstate commerce.

“When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly,” said Transportation Secretary Ray LaHood. “I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”

Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense.

Additionally, states will suspend a commercial driver’s license (CDL) after two or more serious traffic violations. Commercial bus and truck companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000.

The FMCSA said that “using a hand-held cell phone while driving requires a commercial driver to take several risky steps beyond what is required for using a hands-free mobile phone, including searching and reaching for the phone. Commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event.

“Dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event,” said the agency.

In 2010, the FMCSA banned text messaging while operating a bus or truck in interstate commerce.

To read the Final Rule on the cell-phone ban, click here.

By Calvin Studivant
Alternate Vice President, Bus Department

In late August, a federal appeals court vacated the Federal Motor Carrier Safety Administration’s final rule requiring electronic onboard recorders.

The court said the rule does not sufficiently protect drivers from being harassed by employers to remain at the wheel when they are fatigued. The final rule was scheduled to go into effect in June 2012. A lower court, which had set aside a challenge, was told to revisit the case.

The 7th Circuit Court of Appeals said the FMCSA “needs to consider what types of harassment already exist, how frequently and to what extent harassment happens, and how an electronic device capable of contemporaneous transmission of information to a motor carrier will guard against (or fail to guard against) harassment.”

As a member of the FMCSA advisory committee, I previously voiced concern over this rule, and it is comforting that our concerns were recognized by the appeals court. I expect the lower court will instruct the FMCSA to revise the rule to include better driver protection.

Also of interest to our bus members, the National Labor Relations Board has instructed all carriers subject to the National Labor Relations Act to inform employees of their rights to organize and be represented by a labor union. This will certainly help in our efforts to organize the unorganized. See the separate article on this ruling elsewhere in this issue of the newspaper.

Turning to news of our bus locals, members of Local 1715, Charlotte, N.C., recognize the quality of UTU representation. In recent weeks, three members were returned to work following successful processing of their grievances.

Additionally, the UTU has prevailed in 14 grievances that put $1,000 in back pay into the wallets of each of these Local 1715 members.

We also have begun contract negotiations with the carrier on behalf of Local 1715 drivers. As part of this process, we are restoring respect lost while represented by another organization prior to the UTU representation election victory earlier this year. We are in the process of delivering improved working conditions on the Charlotte property by modifying tentative contracts agreed to by the other organization.

Local 1715 also has completed its local elections. Kevin Moss was elected general chairperson, Hasson Trent was elected vice general chairperson, and Bruce Wright was elected local president. We are very proud of these new officers and the members.

Also in negotiations is Local 172 in Darby, Pa., where Vice President Vic Baffoni is assisting at the bargaining table. 

WASHINGTON – When UTU Bus Department Alternate Vice President Calvin Studivant was appointed to a 20-member congressionally created Motor Carrier Safety Advisory Committee earlier this summer, he was no shrinking violet.

Studivant had serious concerns about a proposal by the Federal Motor Carrier Safety Administration (FMCSA) that would require certain motor carriers, including interstate bus operators, to implement use of electronic onboard recorders (EOBRs) to monitor driver behavior as a safety tool. Supporters of the rule reasoned that EOBRs would help assure drivers don’t exceed hours-of-service limitations.

Studivant, however, was concerned that the requirement – notwithstanding its good intentions — did not include sufficient safeguards to protect drivers from being harassed by employers to stay behind the wheel to maximize driving time under hours-of-service limitations even when a driver felt fatigued.

But the rule already had been approved by the agency prior to Studivant’s appointment to the advisory committee, and it was scheduled to go into effect in June 2012.

Last week, Studivant’s position was validated by the U.S. 7th Circuit Court of Appeals, which ruled the FMCSA “needs to consider what types of harassment already exist, how frequently and to what extent harassment happens, and how an electronic device capable of contemporaneous transmission of information to a motor carrier will guard against (or fail to guard against) harassment.”

When the FMCSA revisits the rule, Studivant will be on hand to provide recommendations from a driver’s perspective.

“It is comforting that these concerns were recognized by the appeals court. I expect the FMCSA to revise the rule to include better driver protection,” Studivant said.

Calvin Studivant

WASHINGTON – Bus Department Alternate Vice President Calvin Studivant has been named by Federal Motor Carrier Safety Administration Administrator Anne Ferro to a 20-member congressionally created Motor Carrier Safety Advisory Committee.

The committee will provide advice and recommendations to Ferro on safety programs and regulations affecting bus and truck drivers, their equipment and employers.

Studivant is a member of Local 759 (Newark, N.J.) and is employed as a driver by Community Coach, where he is UTU general chairperson and delegate from his local. He also serves as chairperson of the Association of General Chairpersons, District 3.

He recently assisted officers of First Student, Buffalo, N.Y., and the Red Arrow Division of the Southeastern Pennsylvania Transportation Authority in Philadelphia negotiate new contracts, and is currently assisting in contract negotiations on behalf of Charlotte Area Transit System drivers who recently voted to return to UTU representation.

While sleep scientists have established that going to work fatigued is like going to work drunk, there remains a disconnect among those who manage transportation firms. And people are needlessly dying and being seriously injured as a result.

Transportation Secretary Ray LaHood June 1 criticized his own Federal Motor Carrier Safety Administration for not sooner putting a North Carolina bus operator — allegedly with a history of safety problems, including forcing drivers to work without sufficient rest — out of business sooner.

When the FMCSA finally got around to taking that shutdown action against the bus company May 31, four more lives were lost and 54 more passengers were injured.

The cause of that rollover bus accident near Richmond, Va., May 27 was driver fatigue, according to Virginia State Police, who jailed the bus operator for reckless driving. Seven times since October 2009, the bus company — Sky Express of Charlotte, N.C. — had been cited by the FMCSA for violating federal hours-of-service regulations requiring adequate rest for drivers, according to USA Today.

“I’m extremely disappointed that this carrier was allowed to continue operating unsafely when it should have been placed out of service,” LaHood told USA Today.

Sky Express received an “unsatisfactory” safety rating in April from the FMCSA, according to USA Today, but the FMCSA extended its investigation to, according to an FMCSA spokesperson, “make sure we had an airtight case to shut the company down.”

LaHood told USA Today, “There is no excuse for delay when a bus operator should be put out of service for safety’s sake. On my watch, there will never be another extension granted to a carrier we believe is unsafe.”

The FMCSA said Sky Express had numerous violations for keeping fatigued drivers behind the wheel and failing to ensure its drivers were properly licensed, had proper medical certificates, and could read road signs in English.

The National Transportation Safety Board blamed driver fatigue for a 2008 bus crash in Utah that killed nine, and a 2004 crash in Arkansas that killed 14. A fatal bus crash near New York City March 12, which killed 15, is under investigation. The company operating the bus was cited five times in fewer than two years for allowing fatigued drivers behind the wheel.

UTU members should note that federal law protects aviation, bus and rail workers from retaliation and threats of retaliation when they report that a carrier violated federal hours-of-service regulations.

Whistle-blower complaints may be filed directly with the Occupational Safety and Health Administration (OSHA), or you may contact a UTU designated legal counsel, your general chairperson or your state legislative director for assistance.

To view a more detailed OSHA fact sheet on whistle-blower protection, click on the following link:

www.osha.gov/Publications/OSHA-factsheet-whistleblower-railroad.pdf

By International President Mike Futhey

What do the Nov. 2 congressional election results mean for UTU members and their families?

Consider these facts that are not always obvious:

  • While it is true that organized labor has more friends among Democrats, many of the Republicans elected Nov. 2 are friends of working families, and they received UTU PAC support and were on our voting recommendations list.
  • The UTU is a bipartisan union, historically and consistently looking beyond party labels to reward each and every friend of working families.
  • Among our Republican friends, for example, are Rep. Don Young of Alaska, and Sen. Orrin Hatch of Utah. Republican Sen. Hatch is one of the strongest congressional defenders of the Federal Employers’ Liability Act (FELA), while Republican Rep. Young has been one of the UTU’s most ardent supporters in the House of Representatives.
  • One of the most important congressional committees to UTU members — airline, bus and rail — is the House Transportation & Infrastructure Committee, where most legislation affecting the transportation industries originates. Among Transportation & Infrastructure Committee members, more than 66 percent — Democrats and Republicans — who were endorsed by the UTU won re-election Nov. 2.
  • In all congressional races Nov. 2, more than 60 percent of UTU endorsed candidates won election or re-election. Imagine if you could win a poker hand more than 60 percent of the time, or hit safely six of 10 times at bat as a major league ballplayer.
  • Despite the change in party control in the House of Representatives, UTU recommended candidates are still a majority, meaning the UTU National Legislative Office can continue to work successfully on issues that matter to our members — job security, safety, health care and retirement benefits, as well as adequate public funding for Amtrak and public transit.
  • Key regulatory agencies, such as the Federal Railroad Administration, Federal Motor Carrier Safety Administration, Federal Aviation Administration, National Mediation Board, and National Labor Relations Board, will continue to have labor-friendly majority control.
  • The UTU’s GOTV — “get out the vote” — effort this election year resulted in thousands of UTU members and families, who were not previously registered or hadn’t voted in the previous (2006) non-presidential election, registering to vote and casting ballots in congressional races.
  • In states where early voting is permitted, preliminary polling by GOTV shows that as many as 20 percent of UTU members and spouses who cast an early ballot had not voted in the 2006 non-presidential election. This proved important in close races.
  • On behalf of the UTU, GOTV — in partnership with UTU state legislative directors and the UTU Auxiliary — made more than 210,000 unique member contacts in 28 states via the postal service, e-mail and telephone calls, urging UTU members and their families to register to vote and to vote in this election.
  • By encouraging a higher percentage of UTU members to register to vote and to vote, we demonstrate to candidates the power of UTU endorsements — and, especially, that in close races, a UTU endorsement has great value to a candidate.
  • Candidates remember their friends in the same manner organized labor remembers its friends.
  • As the proverb says, “It’s not the will to win, but the will to prepare to win that makes a difference.” What the UTU PAC and GOTV demonstrate to candidates of all political stripes is that the UTU is a friend worth having.
  • The UTU has always had a great legislative program, but what we have accomplished this election through GOTV sets a new standard and benchmark to measure future advances.
  • When the new Congress is seated in 2011, we will be working closely with our old and new friends to continue advancing the UTU legislative agenda on behalf of our members.