CARB enforcing anti-idling rules
law Write 239 on Reader Service Card If your company isn't running on a full tank, you need to get moving on your recruiting. Visit CareerBuilder.com and fi nd more qualifi ed transportation candidates who are in it for the long haul. ON PREMIUM TALENT FILL UP > buildmydreamteam.com or 1-877-Fill-A-Job CBE-27094B_Trans_Half4c_CCJ_Mar.indd 1 2/13/08 3:59:11 PM 34 Commercial Carrier Journal November 2008 The California Air Resources Board said Oct. 9 that its staff had begun hit-ting the road to enforce the agency's anti-idling program, which generally limits idling to five minutes even if the driver is resting in the sleeper. CARB says its staff and local air quality officials throughout the state are enforcing the idling regulations by monitoring sleeper berths and commercial on- and off-road diesel vehicles where they operate. First-time violators will receive a minimum civil penalty of $300. Subsequent penal-ties can be from $1,000 to $10,000. Owners, renters or lessees will be responsible for the penalty. Regulations limiting idling of on-road commercial diesel-engine vehicles to five minutes have been in effect for several years and for sleeper-berth trucks since January of this year. The regulations addressing the idling of off-road diesel vehicles took effect in June. CARB granted a grace period to allow managers and employees to learn the new requirements. n CARB enforcing anti-idling rules simply is deducted from next week's receivable check. As a result, small carriers do not have the luxury of accepting the setoff of contested cargo claims and waiting for a lawsuit or insurance proceeds to resolve the issue. Accordingly, by contract and by rules circular, provide that freight charges be paid without offset and that cargo claims be adjusted swiftly and properly with the participation of your insurer. I understand there are third parties who will, for a fee, issue receivables insurance. The product is relatively costly given the margins in the trucking industry. But as major corporations are begging for government bail-outs and have junk bond status, such credit insurance is pos-sibly something carriers should consider and build into the rate, particularly if the shippers remain intransigent on insist-ing on prolonged credit periods, offsets and waiver of liens and recourse. Henry Seaton is a transportation lawyer who represents carriers.