Road Hawg: Juan Ibarra’s 1989 Pete 379

Miami entrepreneur Juan Ibarra manages lucrative properties in South Florida, including a strip mall, shopping center and warehouse complex – the latter of which is used as a parking space for some of his most prized possessions.

His ’65 AC Cobra, ’62 Bel Air Coupe and ’63 Ford F-100 decorate the property. But one custom vehicle overshadows them all – Ibarra’s Road Hawg, a Harley-Davidson-themed 1989 Peterbilt 379 with a 355-inch wheelbase, painted and pinstriped wheels and leather floor covering.

He picked the truck up in near-junk condition from its previous owner in spring 2008. By November it was winning awards at shows across the country, including first in Best Interior and third overall in the Limited Mileage category at the 2009 75 Chrome Shop’s Pride & Polish in Wildwood, Fla. Check out the gallery below:

Severity weights, out-of-service protocol for new hours rules

Violation of the 60/70-hour rule due to a nonqualifying restart under the new hours of service will result in the driver being placed out of service.   As drivers adjust to the operational differences surrounding the hours rule, the Commercial Vehicle Safety Alliance and industry watchers have been sharing intelligence on how various enforcement systems — from the police at roadside to the federal Compliance, Safety, Accountability system — will treat violations of the new rules.   Drivers who’ve violated the new requirement to have at least 30 minutes off-duty before driving eight consecutive hours — otherwise known as the mandatory 30-minute break — will incur with the violation a severity weight of 7 in the CSA system, reports Vigillo’s Drew Anderson at the company blog, citing a Department of Transportation source.   Furthermore, the source noted, the new weighting/violation will be placed in the CSA Safety Measurement System with the early-August snapshot.   Such a violation will not be an out-of-service violation, however, according to a CVSA memo sent out to member law-enforcement and other organizations June 27 and referenced at the Arizona Trucking Association’s website.   The Maine Motor Truck Association references the same memo in this analysis and goes further into detail on how police/inspectors will treat the break.    Upshot: It’s likely to vary considerably by state:  While it might not technically be an out-of-service violation, a driver who is out of compliance with this provision in Maine will not be allowed to drive until they have taken the requisite off-duty break.   To make things even more convoluted, it appears each state can make their own determination as to whether they will allow a driver to continue, or make them wait until they have taken at least 30 minutes off.   Either way, this scenario will not result in an official out-of-service order affecting the carrier’s safety records.   If it’s registering in your or your carrier’s CSA SMS profile with extra points for an out-of-service violation, pursue removal of the OOS points via the DataQs system.However, Maine noted in its memo, “due to the potentially inconsistent message that results from this memo, it is likely that CVSA’s position on rest break violations may change as the organization is due to revisit the issue at its upcoming Annual Conference in September.”  Violations of the 60/70-hour rule due to a nonqualifying restart, however, will be treated as out-of-service violations, the same CVSA memo noted, both Maine and Arizona associations concurring.

Severity weights, out-of-service protocol for new hours rules

Violation of the 60/70-hour rule due to a nonqualifying restart under the new hours of service will result in the driver being placed out of service.   As drivers adjust to the operational differences surrounding the hours rule, the Commercial Vehicle Safety Alliance and industry watchers have been sharing intelligence on how various enforcement systems — from the police at roadside to the federal Compliance, Safety, Accountability system — will treat violations of the new rules.   Drivers who’ve violated the new requirement to have at least 30 minutes off-duty before driving eight consecutive hours — otherwise known as the mandatory 30-minute break — will incur with the violation a severity weight of 7 in the CSA system, reports Vigillo’s Drew Anderson at the company blog, citing a Department of Transportation source.   Furthermore, the source noted, the new weighting/violation will be placed in the CSA Safety Measurement System with the early-August snapshot.   Such a violation will not be an out-of-service violation, however, according to a CVSA memo sent out to member law-enforcement and other organizations June 27 and referenced at the Arizona Trucking Association’s website.   The Maine Motor Truck Association references the same memo in this analysis and goes further into detail on how police/inspectors will treat the break.    Upshot: It’s likely to vary considerably by state:  While it might not technically be an out-of-service violation, a driver who is out of compliance with this provision in Maine will not be allowed to drive until they have taken the requisite off-duty break.   To make things even more convoluted, it appears each state can make their own determination as to whether they will allow a driver to continue, or make them wait until they have taken at least 30 minutes off.   Either way, this scenario will not result in an official out-of-service order affecting the carrier’s safety records.   If it’s registering in your or your carrier’s CSA SMS profile with extra points for an out-of-service violation, pursue removal of the OOS points via the DataQs system.However, Maine noted in its memo, “due to the potentially inconsistent message that results from this memo, it is likely that CVSA’s position on rest break violations may change as the organization is due to revisit the issue at its upcoming Annual Conference in September.”  Violations of the 60/70-hour rule due to a nonqualifying restart, however, will be treated as out-of-service violations, the same CVSA memo noted, both Maine and Arizona associations concurring.

Pilot settles to repay owed funds with interest, CEO says checks issued

Pilot Flying J has agreed to a settlement for the roughly 20 class-action lawsuits brought against it since allegations surfaced in April that the company had been defrauding carriers out of millions of dollars in owed fuel rebates.  According to court documents Pilot has agreed to pay all of the amounts owed to the lawsuits’ plaintiffs plus 6 percent interest on the principal owed.  Moreover, Pilot is responsible for paying administrative and accounting fees, attorney’s fees and court costs. Pilot has also agreed to be “permanently enjoined” from withholding rebates deceptively from customers.  Pilot Flying J owner and CEO Jimmy Haslam wrote an open letter to customers last week saying the truck stop chain has already performed internal audits on all of its 3,000 diesel contracts and has sent checks to customers who were owed money repaying them in full and with interest.  He also said the company had as of June 30 ended all manual rebate calculations.  The manual rebate calculations were the source of the alleged fraudulent activity, as rebates were not calculated automatically but by a Pilot salesperson.  In a statement released July 16 after the settlement, Haslam said Pilot will issue supplemental checks to customers for “any additional interest not included in the original calculation.”  According to the class-action settlement, any Pilot customer can join the class of plaintiffs and have Pilot perform an audit on their account.  Per the settlement, Pilot must perform internal audits for the affected accounts to determine how much is owed, which will then be confirmed by independent accountants selected by the court.The settlement agreement, however, is not an admission of guilt, the court documents say.  A judge in Arkansas court approved the settlement agreement — Click here to view the entire document filed with the court.  Haslam’s July 12 letter also said six members of the company’s sales team have either resigned or have been terminated since April 15.   The company has added several new hires to its sales division.   “We understand that Pilot Flying J still has lots of work to do to regain your trust,” Haslam wrote in his letter.   “We are taking aggressive measures to restore, preserve and protect customer relationships.”

FMCSA proposes plan to establish driver screening

| June 28, 2013

The Federal Motor Carrier Safety Administration has proposed a nine-year plan for identifying the riskiest drivers and addressing unsafe driver behavior.

The current transportation appropriations act requires FMCSA to report to Congress on the Driver Fitness component of the Compliance, Safety, Accountability program.

The agency’s report this month included possible steps to implement a driver Safety Fitness Determination. It would require completing other priorities and having dedicated resources, officials wrote.

During the first year, FMCSA would conduct a driver SFD feasibility study, including a severity weighting system for violations.

The next year, it would develop driver safety measurement methodology,  processes for identifying the riskiest drivers and possible interventions. Also that year, it would estimate the number of drivers who would be rated unfit and the potential safety benefits of the change.

During years three through five, FMCSA would test and refine the new Driver SFD methodology and related processes.

FMCSA would complete a notice-and-comment rulemaking to establish the Driver SFD methodology, enforcement and due process in the sixth year. It also would issue a Notice of Proposed Rulemaking.

Agency officials would evaluate NPRM comments before issuing a Final Rule and final regulatory impact analyses during the seventh year. The FR compliance date would likely be no more than two years after publication of the rule.

In the eighth year, FMCSA would train governmental officials regarding the Driver SFD program and provide educational materials to the public. During the ninth year, the agency would fully implement the program.