Posts Tagged ‘lawsuit’

Teamsters File Another Suit Against Cross-Border Agreement, Deeming Mexican Trucks Environmentally Unsafe

Wednesday, November 30th, 2011

Mexico/USLast September the Teamsters and Public Citizen filed a suit in an attempt to prevent Mexican trucks from crossing into the United States, accusing the Obama administration of not applying strict enough standards in their Cross-Border Agreement which would allow Mexican carriers to operate in the U.S. under the grounds that Mexico would abolish $2.4 billion worth the retaliatory tariffs placed on U.S. goods back in 2009.

With three Mexican carriers already granted access into the program, the groups have decided to file another suit last Wednesday, November 23rd, arguing that “the government must first assess the environmental impact of a pilot project before letting it go,” according to the AP Associated Press.

Already one Mexican carrier entering into the U.S., Grupo Behr de Baja, was deemed to operate a junker, running a 1991 tractor which likely does not contain an engine model of 1998 or later to comply with EPA regulations.  Road Scholar Transport, however, operates newer equipment, including 2012 models that are significantly greener than older engines.  For instance, it would take 42 of our 2012 trucks to emit as much diesel particulate as just one 2007 model.

As Teamsters Jim Hoffa states, “Opening the border to these dangerous, dirty trucks is an attack on highway safety, an attack on American truckers and warehouse workers, an attack on border security and an attack on our environment.  It’s outrageous enough that we’ve outsourced millions of jobs to foreign countries, but now we’re bringing foreign workers across the border into the United States to take our jobs. This is another pressure the American middle class doesn’t need. … Congress has repeatedly and overwhelmingly set tough safety conditions for any cross-border trucking program, and this one clearly doesn’t meet those conditions” (http://www.overdriveonline.com/lawsuit-challenges-cross-border-program/?pg=1).

While the Teamsters and Public Citizen continue to proceed with their suit, Mexican ambassador Arturo Sarukhan believes that “the teamsters were engaging in protectionism” stating that “first it was about the safety of the Mexican rigs, no with nowhere to run with that argument, the new red herring is an alleged environmental impact” (http://www.google.com/hostednews/ap/article/ALeqM5inav1khh2gE56JctztHQA5iTi8BA?docId=b7f943a4a1d74916aa0e66f41bcc0056).

The suit cites the following as problems created by the pilot program (provided by overdriveonline.com):
• Waives a law that trucks must display certain proof that they meet federal safety standards;
• Breaks the law requiring the pilot program to achieve an equivalent level of safety because Mexican drivers don’t have to meet the same physical requirements as U.S. drivers;
• Breaks the law that Mexico must provide simultaneous and comparable access to U.S. trucks. Mexico cannot do so because of the limited availability of ultra-low-sulfur diesel fuel in Mexico, the suit alleges;
• Breaks the law that the pilot program must include enough participants to be statistically valid. The suit argues that FMCSA’s proposal ensures that only the best Mexican trucks participate, which would allow it to justify letting any Mexican truck over the border in the future; and;
• Doesn’t comply with the environment requirement of the National Environmental Policy Act.

road scholar transport

Road Scholar Transport, on the other hand, abides by the rules and regulations, operating out of our Dunmore, PA headquarters with additional terminals in Leominster, MA-Jersey City, NJ-Philadelphia, PA- and Denver, PA.  Visit www.roadscolar.com to learn all about Road Scholar Transport’s secure transport methods.

Do you believe that the Teamsters and Public Citizen are in the right suing over the Cross-Border Agreement?  List your comments below.

AAA Claims New York/New Jersey Toll Increase to be Illegal, Files Suit

Friday, September 30th, 2011

Port AuthorityLast Tuesday, over 2 million AAA members announced their decision to sue the Port Authority of New York & New Jersey in response to a recent hike in toll costs, calling the Port’s action illegal.

AAA New York and North Jersey groups urged the Port Authority to revert back to prior tolls, which increased on September 18th from $40 to $65 for 5-axle trucks paying in cash and $50 for E-Z pass users.

According to AAA, the “toll increases are being illegally used to subsidize the rebuilding of the World Trade Center” (http://www.businessweek.com/news/2011-09-27/aaa-sues-port-authority-to-reverse-new-york-toll-increase.html).  For that reason, AAA explains that the Port Authority is in violation of the Federal Highway Act of 1987 and the Commerce Clause which state that the tolls must be “just and reasonable and invested in transportation,” an article in Business Week states.

On top of that, the Port Authority has ignored AAA’s request for a plan that explains what the money from the increased toll rates would be used for, NorthJersey.com notes.

The Port Authority of New York & New Jersey, however, considers AAA’s argument to be “without merit.”

Even before the increase, New York was known to have high tolls and with 90% of NYC inbound freight relying on trucks as its means of transport, the price of goods and service is expected to get costly.

For example, APL Limited, which is responsible for 37% of the New York Container Terminal’s business, has decided not to renew its lease, stating toll hikes as a reason (http://www.silive.com/news/index.ssf/2011/08/new_york_container_terminal_lo.html).

Likewise, higher tolls will affect trucking companies as well, as many will not be able to compete with increasing tolls, causing some of them to go out of business or cut back on their service areas, leading to tighter capacity issues.

Shippers delivering into or out of these areas will, in return, experience higher transportation costs to account for these toll increases.

Road Scholar

Road Scholar Transport has the ability to move your LTL and Truckload freight 24/7 and at competitive rates.  Visit www.roadscholar.com to view our primary and extended service area map and to get an instant rate on your van and refrigerated freight today!

What do think of the AAA’s decision to sue the Port Authority?  Do you feel that what the Port Authority is doing is illegal or do you agree that the AAA’s argument is “without merit?”  List your comments below!

Trucking Company Sued After Accident, Road Scholar Transport Has Solution

Friday, March 25th, 2011

White Marsh Transport Inc., a trucking company located in New Orleans, LA, is facing a lawsuit stemming from an accident caused by one of its trucks last September.

The suit was filed earlier this month by Gwendolyn Castle, whose vehicle was struck by one of White Marsh Transport’s drivers.

According to the suit, the truck driver “is accused of negligence for failing to yield the right of way, failing to maintain a proper lookout and proper control of his vehicle, failing to timely brake or otherwise maneuver the vehicle to avoid the collision, failing to operate the vehicle in a reasonable and prudent manner and in obedience of traffic laws and regulations and driving too fast” (http://www.louisianarecord.com/news/234199-trucking-company-sued-after-rear-end-collision).

Castle, who was rear-ended, was injured and is now suing for several damages including mental and physical suffering, employment losses, car damage, etc., according to the site.

The suit acknowledges everything the truck driver did wrong but is there a solution to preventing accidents like this from happening?

The answer is yes.

Road Scholar Transport

One of them is to make sure that your company only hires the safest drivers, the way that Road Scholar does by conducting background checks on all of its drivers and ensuring that they follow safety protocols, such as not talking on a cell phone while driving, one of the top distractions leading to accidents.

Another solution is to apply only the safest and newest technology on your tractor trailers.  Take Road Scholar Transport, for example, who is currently in the process of purchasing new tractors which are installed with safety features, such as a brake system that will decrease the average stopping distance of a truck traveling at 60 mph from 355 feet to 250 feet or less!  An extra 100 feet can make a big different in the event of an accident.

Another piece of equipment Road Scholar is incorporating is anti-crash technology.  This radar system will sensor the closing distance of Road Scholar’s truck coming up upon another object stopped or moving more slowly, in which case the ECM (Electronic Control Module) will automatically start reducing fuel, engaging the engine brakes and the foundation brakes, if necessary, to bring the truck to a stop.

With technology such as these, safety procedures, and qualified drivers, Road Scholar Transport is helping to reduce the number of accidents on the road.

Put your cargo on a safe truck by going to www.roadscholar.com and requesting a rate today.

What do you think of Road Scholar’s new braking technology?

Advocates May Drop HOS Suit, While ATA Finds Grounds to File

Friday, February 18th, 2011

Safety Advocates, including Public Citizen, the Truck Safety Coalition, and the Teamsters union, who filed a suit against the Federal Motor Carrier Safety Administration (FMCSA)’s hours of service (HOS) proposal, may end up dropping their suit.

According to truckinginfo.com, Henry Jasney, spokesman for the groups, claimed that they will accept the decrease in the amount of driving time to 10 hours as well as the 34-hour restart proposal and support mandatory electronic onboard recorders (EOBRs), believing would increase safety on the road.

The groups may have acknowledged the idea of dropping the suit, but did not state that they would not return to court in the future, the site notes.

While safety advocate groups may be finding some satisfaction in the FMCSA’s changes, the American Trucking Associations (ATA) is not, stating that a suit is plausible.

The ATA, who has been struggling to get the FMCSA to remain with the current HOS rules, believes that the FMCSA’s “calculations of the benefits of the proposal are based on “misapplication of available data” and outdated information,” overstating “the net benefits of the proposed rule by about $700 million annually” (http://www.truckinginfo.com/news/news-detail.asp?news_id=73024).  With this information, they find that grounds for a lawsuit are notable and the need for the agency to conduct further research.

As the HOS comment period continues on, so does Road Scholar Transport’s coverage on the issue.  Keep up-to-date by visiting www.roadscholar.com.

Decision on CSA 2010 Suit Expected by End of Week

Wednesday, December 8th, 2010

A decision regarding a lawsuit filed by three motor carrier groups against the Federal Motor Carrier Safety CSA 2010Administration (FMCSA) is expected to be reached by the end of this week.

The groups (National Association of Small Trucking Companies, the Expedite Alliance of North America and the Air & Expedited Motor Carriers Association) filed a suit against the FMSCA in an attempt to hold off on the CSA 2010’s release of carrier safety scores to the public until the ratings are more accurate.

According to truckinginfo.com, the FMCSA rebutted the groups’ argument that releasing the information too soon would cause harm to carriers’ reputation, saying that the argument “has no merit” since “similar data has been publicly available for more than a decade without producing the ruinous consequences forecast by petitioners, and petitioners’ various contentions that the new data is misleading and inaccurate do not withstand scrutiny” (http://www.truckinginfo.com/news/news-detail.asp?news_id=72391).

The arguments were proposed earlier this week and now the motor carrier groups and FMCSA await a decision.  If the court sides with the carrier groups, the FMCSA will temporarily withhold the CSA 2010 data from public access until concerns are worked out.

Buzz Over Trucking Accident Erupts Lawsuit

Friday, September 24th, 2010

It was literally a buzz that began a lawsuit this week against Reinhart Foodservice and its carrier and driver.

According to Star Tribune, Todd Brinkhaus is suing after an accident last May that caused a four-vehicle pileup on I-35 and two fatalities, one being his wife.

Driver Jason Styrbicky was driving over the speed limit when he “failed to brake, causing a chain reaction crash that crushed two cars between that truck and another semitrailer carrying bees”  (http://www.startribune.com/local/south/103678439.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUsA).

Yes, bees.  Seventeen million to be exact, which were then released into the air.

Besides Brinkhaus’ wife, another woman was killed after being crushed in the pileup.

The trucking company which started the accident is being hit with not “maintaining a reasonable distance,” failing to “drive a safe speed,” and driver fatigue, the site notes.

With the record of never encountering a full cargo loss and having a statistic of only 0.0005% in damage claims over the last year, the only buzz you’ll hear about Road Scholar Transport is our 10 million miles to a cure awareness program.

Discriminatory Trucking Company to Pay $10 Million Lawsuit

Thursday, September 16th, 2010

What do hangman’s nooses, graffiti, and racial cartoons and comments have in common?  According to truckinginfo.com, they were all tactics that a trucking company used against their black employees.

According to the site, YRC Inc., formed back in October 2008 by a merging of Roadway Express and Yellow Transportation, was sued by the Equal Employment Opportunity Commission (EEOC) for discriminating against its black employees at their Chicago Heights and Elk Grove Village, Illinois facilities.

TruckingInfo notes, “Roadway and YRC subjected black employees to harsher discipline and scrutiny than their white counterparts and gave more difficult and time-consuming work assignments to black employees than white employees” as well as “subjected them to multiple incidents of hangman’s nooses, racist graffiti and racist comments, and racist cartoons” (http://www.truckinginfo.com/news/news-detail.asp?news_id=71671).

YRC Inc. now has to pay a $10 million consent degree and the company will be monitored to avoid future racial acts, the site explains.

If you are a driver looking for employment at a non-discriminatory workplace, then visit http://roadscholar.com/employment.htmlRoad Scholar Transport is an equal opportunity employer who offers a comprehensive benefits package to eligible full-time employees.  Visit our website to apply today.

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