Table of Contents

• December Celebrations
• Fun Facts and Trivia
• Transportation Tidbits
• Hours of Service
• Info provided by TIA
• TEC 2004
• How We Should Listen

Every year at just this time in cold and dark December
Families around the world all gather to remember,
With presents and with parties, with feasting and with fun
Customs and traditions, for people old and young.
So every year, Around the world in all lands and nations,
People of all ages love December Celebrations!

Helen S. Moore

The entire MCD family wishes all of our customers, vendors, and carriers a safe and Happy Holiday Season, and a prosperous New Year!

• In 1886 pharmacist John Pemberton was cooking up medicinal syrup when his assistant added ice water to it and proclaimed it tasty. Making the second batch the assistant accidentally used carbonated water. Voila! The beverage wasn’t an instant success. In the first year, Pemberton spent $73.96 promoting his new product but managed to sell only $50.00 worth.
• Rubber hit the road when it was stabilized for use in boots, tires, and the like. The problem was rubber melted if it got too hot and shattered if it got too cold. Charles Goodyear fixed this problem when according to legend he accidentally dropped a blob of rubber and sulfur on a hot stove. Mr. Goodyear denied it was a mistake.

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According to the Associated Press, President Bush lifted the 20 month old tariffs on foreign steel and stated that the administration would maintain a program to guard against a sudden flood of cheap foreign steel coming into the country. After this announcement, the 15-nation European Union said it was lifting its threat of sanctions on $2.2 billion of U.S. products.

In March of 2002, Bush taxed tariffs of up to 30 percent. This was part of a three year plan to help the domestic steel industry. Last month, the tariffs were ruled illegal by the World Trade Organization. The WTO said that the United States had failed to prove that its steel industry had been harmed.

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Several of MCD’s Newsletters this year have covered the new HOS rules and how these new rules are going to have an effect on the trucking industry. We wanted to take this opportunity to reiterate some of the items that we have previously mentioned. The chart below shows how commercial motor vehicle drivers currently spend their time and how their time will be spent after January 4, 2004.

On April 24, 2003, the U.S. Department of Transportation’s FMCSA announced the first substantial change to the hours of service rules since 1939. The FMCSA estimates the new rules will save up to 75 lives and prevent as many as 1,326 fatigue related crashes annually. There were an estimated 4,902 truck related fatalities in traffic crashes in 2002. The new rules take effect January 4, 2004, for interstate freight carriers with a gross vehicle weight rating of 10,001 pounds or more and operating vehicles transporting hazardous material requiring placards.

The new rules allow drivers to drive 11 hours after 10 consecutive hours off duty. Drivers may not drive beyond the 14^th hour after coming on duty, following 10 hours off duty. Similar to existing rules, drivers may not drive after being on duty for 60 hours in a seven consecutive day period or 70 hours in an eight consecutive day period. This on duty cycle may be restarted whenever a driver takes at least 34 consecutive hours off duty.

This final rule is available on the internet by searching for docket number FMSCA-97-2350 at http://dms.dot.gov. You may also call MCD’s office for additional information at 615-459-5343.

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The Federal Motor Carrier Administration (FMCSA) said it will take another look at sleeper berth portions of the new hours of service rules.

A petition filed by the American Trucking Association has raised several issues that are in need of resolution. The FMCSA will address the sleeper berth topic and confusion over the length of out of service time required when a driver has violated the rules.

Issues raised by petition:

• Calculating the 14 hour rule following two qualifying sleeper berth periods totaling 10 hours. The FMCSA’s policy is to count the time from the end of the prior qualifying sleeper berth period to the beginning of a subsequent qualifying period. To qualify, there must be two sleeper berth periods totaling at least 10 hours and each must be at least two hours. Driving time before and after each period can not exceed 11 hours when added together. On duty time can’t exceed 14 hours. The new rule could be translated to mean that two qualifying sleeper periods would start a new 14 hour period but that isn’t the case. As with current rules, time on either side of qualifying sleeper periods will be counted. The only way to restart the 14 or 11 hour clock is with 10 consecutive hours off duty.
• Combining sleeper berth and off duty time. If a driver has at least two qualifying sleeper berth periods totaling at least 10 hours immediately prior to taking 10 or more consecutive hours off duty, the driver may combine the last sleeper berth period with the 10 hours off duty. The confusion here is how to treat a situation where a driver accumulated the 10 hours off duty using the sleeper berth, then goes off duty for 10 or more consecutive hours. Hill said FMCSA will allow the last sleeper berth period to be combined with the off duty period. However, to prevent drivers who don’t regularly use sleeper berths from extending their day with a single sleeper berth period, FMCSA will not allow a driver to combine one sleeper berth period with the 10 hour off duty period. In those situations, the sleeper berth period will be counted in the 14 hour on duty calculation.
• Use of the 34 hour restart provision. As with current rules, drivers after January 4, will be limited to 60 or 70 hours per six or seven day week, depending on the carrier’s work schedule. But the new rules will allow drivers to restart the 60/70 hour period by taking 34 or more consecutive hours off duty. Hill clarified, however, that the restart option can’t be used if a driver has exceeded the 60/70 hour rule.
• Length of out of service time when a driver in a sleeper berth operation has violated the 11 or 14 hour rule. Sleeper berth drivers who have violated the driving or on duty maximum will be placed out of service for the minimum amount of time necessary to bring them into compliance. Again, this coincides with current rules under which the out of service period is determined using the number of hours in the driver’s prior qualifying sleeper berth period. Furthermore, said Hill, the prior sleeper berth period will not be counted toward determining if the driver is in violation of the 14 hour rule.
• Length of out of service time when a driver has exceeded 60/70 hours in 7/8 days. A driver who has exceeded 60/70 hours in 7/8 days will be placed out of service until the beginning of the next 24 hour period when the driver would begin the day under the 60/70 hour limit. This is currently determined by the number of hours the driver is in excess of the rule and will not change with new regulations. As noted above, the 34 hour restart can’t be used if the rule has been violated.

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Tampa, Florida has been announced as the site for TEC 2004, DNA’s Annual Transportation Education Conference. Plans are well underway to make this educational experience another milestone in DNA’s premier conference presentations, which is open to members and nonmembers. Henry E. “Hank” Seaton, Law Office of Seaton & Husk, L.P., a well-known transportation attorney, has accepted an invitation to speak. Included will be an afternoon educational tour and Fun Nite at the Florida Aquarium www.flaquarium.org.

The hotel negotiated rates are $79.00 at the Radisson Bay Harbor Hotel in Tampa - “A Waterfront Resort on Tampa Bay” www.radisson.com/tampafl. The Radisson provides complimentary shuttle service to the Tampa International Airport and complimentary hotel parking. Hotel negotiated rates available pre and post conference dates for those who want to add some vacation time to their trip. The phone number for reservations is 813-281-8900.

Southwest Airlines is providing a discount offer to TEC 2004 attendees, for travel dates from September 9, to September 22, 2004, to the Tampa (TPA) and Orlando (MCO) airports. The discount Southwest Airlines is offering is up to 10% off most fares for air travel to and from the event, with the convenience of Ticketless Travel! To qualify, call Southwest Airlines Group and Meetings Reservations at 800-433-5368 and reference ID Code U0358. Reservations Sales Agents are available 7:00 a.m. to 8:00 p.m. Monday through Friday, and 8:30 a.m. through 5:30 p.m. Saturday and Sunday, Central Time.

Check the DNA website for updated TEC 2004 details at: www.deltanualpha.org or contact Carol Hackett at 866-453-3662 or carolh24@msn.com.

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Here are some rules to use when dealing with prospective customers, current customers, employees, vendors, and probably even family to be more successful:

• Spend more than 60% of the time listening. Wait until the other person has finished before offering your opinion or idea.
• Listen with an open mind. This allows you to concentrate and focus on what the other person is saying.
• Listen for ideas, not just facts. In most cases, listening for facts alone will interfere with the meaning of the message.
• Pay attention not only to what the other person is saying, but how they’re saying it. Stay interested in what they are saying. Watch for body language.
• Avoid jumping to conclusions. Never anticipate what they are trying to say. Never finish the other person’s sentence for them.
• Let the speaker talk at their own pace. Don’t interrupt or change the subject for them.
• Let the speaker know you’re listening to them by nodding or smiling, or using any other appropriate body signals. Every speaker is important, so give them your full attention.

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