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Author Topic: Better Get Ready for the Feds  (Read 3955 times)
Sean
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« Reply #15 on: June 01, 2012, 10:58:42 AM »

I have to ask this question Sean why does the EPA have a right to come on to private property with all their crap what is the difference between FTSB and EPA, the FTSB has shut down operators that don't run across state lines even in state only airlines ? them and the FAA ground private air craft every day

I was talking strictly about motor vehicles, and not other matters such as aircraft, or, for that matter, environmental regulations.

The answer to your question is "it's complicated."  In regards to aircraft, they are subject to federal rather than state jurisdiction, even if they never leave their home state, due to centuries-old admiralty law, which got embodied in the Constitution.  This was codified into law by the Federal Aviation Act, which established that the United States Government has exclusive sovereignty over all US airspace.

With regards to environmental protection, it's a bit more complex.  Suffice it to say that a tension has existed among individual and states rights versus federal oversight in this arena for a long time, and much of it was hashed out in the 70s with a series of Supreme Court decisions.  But even as recently as 2005 there have been cases of states litigating against the EPA.

This is a case where even though certain matters have been reserved to the states exclusively to decide for themselves, the Supreme Court has determined over the years that some specifics have broader-reaching consequences and must be legislated at the federal level.  Lots of environmental issues easily fall into this category:  you would not want some state upstream of where you live on a river to decide that their residents or businesses can dump raw sewage, or chemicals, into the river, even though that portion of the river is within their state boundaries.

So the powers of the EPA have been hammered out in court over the years.  Note that unlike, for example, aviation or interstate commerce, these sorts of issues are not exclusive, and states are always free to impose even stricter rules than the feds.  Witness, for example, California, whose Air Resources Board (CARB) is responsible for many of the byzantine rules that motor vehicles and other engines in that state must follow.

HTH,

-Sean
http://OurOdyssey.BlogSpot.com
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Full-timing in a 1985 Neoplan Spaceliner since 2004.
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dukegrad98
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« Reply #16 on: June 01, 2012, 11:29:45 AM »

The short answer is that Heart of Atlanta Motel v. United States can be interpreted as saying that Congress can use the Commerce Clause of the Constitution to regulate pretty much anything.  Being "interstate" has become largely irrelevant.

Cheers, John
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Seangie
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« Reply #17 on: June 01, 2012, 01:29:37 PM »

26 bus companies shut down on the east coast
Just heard this report on NPR-
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« Reply #18 on: June 01, 2012, 02:11:45 PM »

I'm surprised it was the NTSB involved in the Arrow inspection. I thought they were primarily tasked with investigating crashes.

Here's a link to the FMSCA's (which is the agency that writes and enforces the safety regulations) press release about the east coast shutdowns:

http://www.fmcsa.dot.gov/about/news/news-releases/2012/I-95-Bus-Release.aspx

Bob
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luvrbus
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« Reply #19 on: June 01, 2012, 02:24:31 PM »

Arrow had a accident last year killing some people Bob could be the reason
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« Reply #20 on: June 01, 2012, 02:27:40 PM »

Clifford,

That explains that.

Bob

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Oonrahnjay
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« Reply #21 on: June 01, 2012, 02:36:39 PM »

     This explains a lot to me.  *Serious* malpractice going on there ...

     "The 26 shutdown orders apply to one ticket seller, nine active bus companies, 13 companies already ordered out of service that were continuing to operate, and three companies attempting to apply for operating authority... Federal safety investigators found all of the carriers had multiple safety violations, including a continuous pattern of using drivers without valid commercial driver's licenses (CDLs) and failure to have alcohol and drug testing programs. In addition, the companies operated vehicles that had not been regularly inspected and repaired. The companies’ drivers also had serious hours-of-service and driver qualification violations."
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« Reply #22 on: June 01, 2012, 02:44:16 PM »

Regarding the article about the East Coast, it says, "They also have a fatal accident rate seven times higher than other types of interstate bus operators, federal accident investigators said in a report last year."

This does not sound like an unwarranted attack on responsible carriers.  And does not imply anything about RV's.  The original post may be about something quite different, but we will have to see what happens. 

BK, are you out there?
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« Reply #23 on: June 01, 2012, 03:55:26 PM »

Guy's there may be more to this. I know this along diffrent lines but I have been bombarded by phone calls today from customers saying that the EPA and CARB have moved the rules for harbor craft up from 2013 and 2014 to Dec. 2012. I have spent several hours on the phone with CARB and they have EPA guide lines for this move. The rules are published on there Web site. This is a push to do away with all businesses in the USA as I see it. the tier 3 rules are until 2014 then tier 4 comes into effect for all vehicles and and water craft using diesel engines. I am working on our tier 4 engines now.

Don
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« Reply #24 on: June 01, 2012, 06:35:16 PM »

Not to move this off topic. Can a person get a voluntary DOT inspection of a private coach, just to make sure we are up to snuff? Would it be advantageous to do so?
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Dr. Steve, San Juan del Río, Querétaro, Mexico, North America, Planet Earth, Milky Way.
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100 miles North West of Mexico City, Mexico. 6,800 feet altitude.
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« Reply #25 on: June 01, 2012, 06:58:13 PM »

I missed last summer but I did exactly that the two prior years and I've recommended that practice here before.  It depends how confident you are in your coach.  Likely if you had an inspection, found something that wasn't up to DOT standard, failed to have it fixed and later were in an accident that could be traced to that component a smart lawyer could make the case that you were liable because you knew about the problem.  Ignorance really may be bliss in that situation.  So if you don't plan to fix everything you find then its probably best to not go looking. 
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Tim Strommen
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« Reply #26 on: June 01, 2012, 07:19:25 PM »

Not sure I agree with the "don't ask because you might get an answer you don't like" mentality - seems like that might specifically be what got those bus companies on the East Coast in trouble... and might shift the evil eye upon us as a hobby.

Keep your bus in tip-top shape, have a second (professional?) opinion on whether your interpretation of "tip-top" meets with current legal muster - better rule of thumb than "don't ask 'cause you don't want to know" is "take a partner on a big descision" better to have someone to share the blame with than to face the firing squad alone in my opinion.  I don't like the words "wrekless" and "wonton" being attached to things I do wrong...

-T
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« Reply #27 on: June 01, 2012, 08:02:46 PM »

I am not a person to go haphazardly about safety. We have replaced all our air hoses, rebuilt the air compressor, dissembled and repaired all brakes and wheel bearings, replaced all of the 30-year-old lights and wiring for the lights, etc. Tires are next on my list. (We are not yet on the road.)

What does a DOT inspection cover? How much time and money does it take? Where do they do such inspections?

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Dr. Steve, San Juan del Río, Querétaro, Mexico, North America, Planet Earth, Milky Way.
1981 Dina Olímpico (Flxible Flxliner clone), 6V92TA Detroit Diesel
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John316
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« Reply #28 on: June 02, 2012, 06:32:45 AM »


What does a DOT inspection cover? How much time and money does it take? Where do they do such inspections?



A DOT inspection can be done at just about any truck shop. Just about anybody does them. They look at things like brake wear, tie rods, tires, lights, etc, etc. It wasn't as much as I was expecting, but it was good.

As for the cost. I really don't remember. It was so insignificant that I don't remember after having it done several times.

God bless,

JOhn
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« Reply #29 on: June 02, 2012, 03:37:36 PM »

Any one can get the DOT inspection at any of the larger truck-stops IE: Fly J T/A, last one I had done (we had to have them done every 90 days) on a class 8 T/T was about $45.00....

Joe
JFI Truck Leasing Inc,Co
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