Q: Are motor carriers liable for the actions of their drivers, even if they (the motor carrier) contend that they did not require or permit the violations to occur?

A: Yes. Carriers are liable for the actions of their drivers. Neither intent to commit nor actual knowledge of a violation is a necessary element of that liability. Motor carriers “permit” violations of the hours of service regulations by their drivers if they fail to have in place management systems that effectively prevent such violations. There are other alternatives, but this is just another reason to sign up with NTA’s professional log auditing program.

SPEEDERS BEWARE

First and foremost, let me make it clear that this article is not intending to encourage you to break the law. I’m not going to lecture you about the dangers of speeding – and the real life potential physical danger to you and others on the highways of America and beyond if you choose to drive faster than the posted speed limits. In years past, when I was with the Los Angeles Sheriff’s Department, that was my job. Today, that’s not my job. I deal with the realities of life.

The fact is that almost all of us speed from time to time - some of us more often than others. We obviously don’t intend to get behind the wheel and cause bodily harm to anyone, nor do we plan on going out and getting a ticket that could cost us hundreds (even thousands) of dollars in fines and higher insurance premiums.

Several years ago I wrote an article about radar guns. Radar guns, if you didn’t know, cast a microwave signal over a broad area of the street. Most police agencies currently rely on “K-band” microwave radar, which allows traffic officers to nab the fastest vehicle on the road whether the officer is on the move or concealed at the side of the road.

Although radar is still the technology of choice, its big shortcoming is its inability to pinpoint individual vehicles from far away. For each 100 feet an officer is removed from his or her target, the width of the microwave beam grows by 21 feet. And then there is the shadowing effect.

But not with laser radar which is called lidar. Even from 1,000 feet away, a traffic cop can lock on a target in which the beam is no wider than 3 x 3 feet, which is equivalent to picking a spot on a vehicle’s trunk or front grille area. Lidar’s precision also gives police the ability to take speed-readings on several vehicles as they approach. It has been shown that an officer is able to get readings on five vehicles within 800 feet.

Besides nabbing speeders, the devices have proved valuable at accident scenes, providing precise measurements of skid marks, showing a vehicle’s position on the street and marking debris fields and areas of impact. Lidar does have it limits though. It does not work mounted on a moving vehicle nor can it provide accurate readings in foul weather. It also requires a clean field of vision between the gun and target.

NO MORE LONG LINES AT THE PORT?

On February 22, a bill was introduced in the California State Assembly that calls for the various port operators to be fined $250 per vehicle per violation if the trucker’s transaction takes more than 15 minutes. The bill also says that if the port terminals try to get the truckers to park or stage elsewhere while waiting for their containers, the fine would be a whopping $750.

Apparently all those diesel truck engines constantly running have got the local residents upset because of air quality. A number of neighborhood groups have threatened lawsuits. State and local officials are also concerned about congestion.

It all comes back to the short working hours at both the Los Angeles and Long Beach Harbors. What we need is for all the terminals to be open 24/7. This way, the customers who require 0800 deliveries can now get their containers picked up in the wee hours of the morning. While the rest of us are driving to work, the local harbor drivers are already in the port. This in itself would take a significant amount of traffic off the freeways and streets in and around the Port areas.

Yes, someone has to pay for all this, and if it’s the public who is insisting on cleaner air then let them pay. The port operators would have to hire more people, they would have to charge the steamship lines more and the lines in turn would pass these charges on to the K-Mart and Wal-mart’s of the world. I’m sure most people would gladly pay a little more for their products if it would clean up the air and spread out the trucks so that they are not all jammed onto the same freeways at the same time every morning. Who knows, the idea may spread to the other ports in the U.S. We will keep you up-to-date on this matter.

ANOTHER BENEFIT THROUGH NTA

The NTA (NorthAmerican Transportation Association Inc.) is now offering its members another new service. NTA members can now get 24-hour, coast to coast, emergency road service. No enrollment fee, no set up fee and no dues. We have a network of over 50,000 vendors. Our goal is to get your vehicle back in service in 2 hours. This is another FREE service for members only. Members can sign up by calling 1-866-367-6237. Be sure to give them your NTA membership number. NTA is the home of the professional trucker.

Not a member? What are you waiting for? Call today (562) 630-7637 or log on to our secure website at www.ntassoc.com and join there. NTA Inc. is a nationwide association established to provide services, benefits and information to owner-operators, private fleets and trucking companies. Until next month, “Drive Safe - Drive Smart!”