Alabama Coil Certification.....Adios.

Discussion in 'Flatbed Trucking Forum' started by Blind Driver, Mar 7, 2013.

  1. Blind Driver

    Blind Driver Road Train Member

    3,081
    1,406
    Aug 7, 2006
    New Albany, IN
    0
    http://mercertown.com/alabama-coil-certificate-adios/

    In a notice published in the Federal Register on Tuesday, March 5, the FMCSA ruled that Alabama’s Metal Coil Securement Act is preempted by federal law. That means that Alabama’s law imposes certification requirements on interstate drivers that are not required under FMCSA regulations and are more stringent than those imposed by federal law. Effective April 4, Alabama will be unable to impose the law’s requirements on interstate movements.
    This was the result of an FMCSA query beginning June 26, 2009 and an ATA petition filed with the FMCSA dated December 22, 2010. As all CDL drivers are required to know, metal coil securement is thoroughly covered in Subpart I-Protection Against Shifting and Falling Cargo 49CFR393.100 through 393.136 along with the Cargo Securement Enforcement Policy memorandum issued December 31, 2003. It seems like everyone but the lawmakers in Alabama knew that. We appreciate the ATA’s efforts in forcing the issue and the FMCSA’s diligence in getting this one right. Almost four years, wow!
     
    MJ1657, rp5h, roshea and 3 others Thank this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Semi Crazy

    Semi Crazy Road Train Member

    3,033
    2,046
    May 13, 2011
    Middle Tennessee
    0
  4. Blind Driver

    Blind Driver Road Train Member

    3,081
    1,406
    Aug 7, 2006
    New Albany, IN
    0
    Find a local attorney and precede with a class action lawsuit :yes2557:
     
  5. Flightline

    Flightline Road Train Member

    2,345
    1,167
    Oct 1, 2011
    Almost There
    0
    The problem with class action suits, is the attoneys get their money out of it first, which usually leave little to none for the actual victims.
    But I'm sure you could get a class action law suit started and get a few attoneys richer. Not sure you'd get any to take the case, as most don't want to touch a case without making a bunch of money.
     
  6. Clasix1055

    Clasix1055 Even when I'm wrong I'm right

    998
    709
    Jan 26, 2012
    Toledo, Ohio
    0
    Yeah read "The King of Torts" I think Grisham wrote it... Lawyers wont go near a $20 case...And you think Alabama cares what the Feds say? .... I bet they still require it...didnt they have metric road markers in the 90's?
     
  7. jbatmick

    jbatmick Road Train Member

    2,199
    2,507
    Dec 1, 2009
    hastings, Fl
    0
    I remember the metric road markers in Alabama back in the 90's. They thought they were going to be a modern state , and mark the Interstates in kilometers.All signs were in metric system. Big, expensive mistake.
    But I still like trucking in Alabama. Pretty reasonable folks.
     
  8. carrkool

    carrkool Heavy Load Member

    883
    495
    May 10, 2012
    adah, pa
    0
    so sue for the 20 bucks and 20,000 in lost rev due to not being able to hual in and out of the state for a few months
     
  9. Espressolane

    Espressolane Road Train Member

    18,301
    114,002
    Nov 21, 2009
    Just south of the north 40
    0
    Here is one thing that will keep the state law in place.

    If your company is or has ANY presence in the state, A terminal or is HQ'ed there, then they can enforce the law on those operations.
    A minor change to the wording and it's a done deal. It gets changed to a STATE law, that can be more strict than federal law.

    That would make any one who was a driver for that company then be required to have the certificate.

    If your company has no presence in the state, (ie a terminal) then they could not enforce the requirement.
     
    MJ1657 Thanks this.
  10. dorset

    dorset Medium Load Member

    304
    206
    Dec 28, 2009
    0
    um, may i point out that if you can't pass the alabama test you have no business hauling coils anywhere, inside or outside of alabama?

    sure, they don't have the right to impose stricter cert standards than the FMCSR.

    but how much trouble is the twenty bucks worth to you?
     
  11. Blind Driver

    Blind Driver Road Train Member

    3,081
    1,406
    Aug 7, 2006
    New Albany, IN
    0
    Because we pay enough taxes as it is.
     
    MJ1657 Thanks this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.