Page 12 - ATR 1 2014 web

News iN brief, “While the study includes some right to free speech.
Continued from page 10 findings favorable to certain portions U.S. District Judge Henry E. Autrey
of the new restart rule, the incomplete in St. Louis issued a preliminary injunc-
aNoTHer STUdy, More nature of the analysis and the lack of tion prohibiting the St. Louis County
SpeCUlaTIoN justification for the once-weekly use town of Ellisville from citing and pros-
A few days before the GAO and restriction is consistent with the flawed ecuting drivers who flash their lights to
FMCSA released conflicting reports analyses that led the agency to make warn of radar and speed traps.
on CSA, the FMCSA was met with these changes in the first place,” said “This has sweeping implications for
criticism for its findings following a Dave Osiecki, ATA executive vice presi- the First Amendment,” said Jonathan
study indicating the agency’s current dent and chief of national advocacy. Turley, a criminal attorney and a profes-
hours-of-service rule is more effective According to ATA, the study failed sor at George Washington University
at combating fatigue, a conclusion that to evaluate the safety implications of Law School. “What this citizen is doing
trucking groups and several members of putting more trucks on the road during is warning other citizens about the
violation of law. People regularly warn
others about the possibility of arrest.
There’s no difference between a verbal
warning and a mechanical warning.
Both are forms of speech.”
“It is important that law enforce-
ment officers in other jurisdictions take
note of this federal court decision and
the ACLU of Missouri's commitment to
free speech,” Jeffrey A. Mittman, execu-
tive director of the ACLU of Missouri,
said in a statement.

arKaNSaNS JoIN CoalITIoN To
BaCK KeySToNe Xl oIl pIpelINe
Five Democrats, including
Congress immediately disputed. daytime hours, when more passenger Sen. Mark Pryor (D-Ark.), joined
The final 2011 hours rule, which vehicles are also on the road. Republicans at a Capitol news confer-
became effective July 1, requires a driv- Rep. Tom Rice (R-S.C.), one of three ence in February to urge President
er’s restart to be at least 34 consecutive members of Congress who in October Obama to approve the Keystone XL
hours and include two periods between introduced legislation to delay the start Pipeline following a State Department
1 a.m. and 5 a.m. of the restart provision, said the study report that raised no major environ-
The study, conducted by the Sleep “does not offer an accurate representa- mental objections. The $7 billion pipe-
and Performance Research Center, tion of truck drivers’ alertness.” line would carry 830,000 barrels of
Washington State University and Pulsar “When implementing a regulation tar sands oil from Canada to Texas oil
Informatics Inc., looked at 106 commer- that would trim back millions of truck refineries.
cial drivers employed by three carriers drivers’ work hours, impact product The State Department delivered its
providing 1,260 days of data, driving a delivery time and affect emergency final environmental assessment saying
total of more than 414,000 miles from relief time in instances of national the plan would not have much impact
January to July 2013. disasters, I would have expected FMCSA on global greenhouse gas emissions.
FMCSA said the study concluded to have used a sample size of far greater The State Department is now accepting
that drivers who began their workweek than 106 truckers,” Rice said. public comment on the statement for
with just one nighttime period of rest 90 days. Pryor and the other lawmakers
exhibited more lapses of attention, CoUrT-approved flaSHINg want President Obama to approve the
reported greater sleepiness and showed It’s a common practice among plan soon after.
increased lane deviation, compared with drivers who pass through a speed trap: Congress is unlikely to take any
the two nights of rest in the updated Flash your headlights at approaching legislative action during the public com-
34-hour restart break. cars as a warning to slow down. Now, ment period but several options are
American Trucking Associations a federal court judge in Missouri says on the table for proponents should the
(ATA) said what the study doesn’t say penalizing drivers for the headlight
may be as significant as what it does say. flash violates their First Amendment 

12 arKansas trucKing report | issue 1 2014