Mr. Thomas,

Here is the information you requested about the new FMCSA 2010 rules.

Each of the links will give you a total overview.

Heres the FMCSA 2010 rules,

http://csa2010.fmcsa.dot.gov/Documents/SMSMethodologyVersion1_2Final_2009_06_18.pdf

Here is the report that shows 47.9 % off trucking co’s will fail.

http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/E8-29253-New-Entrant-Safety-Assurance-Process-Final-Rule-12-16-08.htm

Here is a quote from the following report

“The FMCSA has reviewed audits conducted in a recent five-year period and estimates that 47.9% of companies would have failed audits under the new rules! Under CSA2010″

http://blogdg.ctl.ca/2009/11/get_ready_for_csa_2010.html

And here is a letter I sent to the ATA about FMCSA 2010

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From

Dan Little / pres.

Owner-Operators United Inc

Po Box 53

Carrollton, Mo. 64633

1-660-542-8735

To,

David Potts

ATA Safety,Security, and Operations Dept.

703-838-1848

2,December,2009

Dear Mr. Potts,

I have reviewed your report to the FMCSA, dated 28, January, 2009.

While we both agree that safety is everyone’s main concern, I find your report to be rather one side’d and nowhere in that report

did I see where you asked for safe guard’s to be included.

I have asked our legal team to research the FMCSA 2010 changes to verfy that NO driver will face double jeopardy,

DOUBLE JEOPARDY – Being tried twice for the same offense; prohibited by the 5th Amendmentto the U.S. Constitution. ‘[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.

I did see where you asked that large carriers be considered, due to mere truck numbers.

I ask you this, and should point out before hand,

Over 80 percent of all raw materials shipped in this country today, are carried by carriers with fleets of less than 100 trucks, and with that in mind,  and with FMCSA’s own report saying that “going back two years in audit’s, had they been done under these new FMCSA rules, 49 percent of all carriers would fail”

How sir, do you feel this new set of rules will in anyway make our highways any safer ?

Do you feel 49 % of all trucking Co’s need to be placed out of business ?

According to the ATA’s own website,

“Safety in the trucking industry has greatly improved while operating under the current hours-of-service rules,” said ATA President and CEO Bill Graves. “Over the past five years we’ve seen a strong decline in truck-involved crashes on our nation’s highways.”

Figures from the DOT clearly demonstrate that the trucking industry is now the safest it has been since the DOT began keeping crash statistics in 1975. The number of truck-involved fatalities on our highways has

decreased by 19 percent since the new HOS rules took effect. The number of injuries has decreased by 13 percent since 2004.

Lets take a look at your figures,

Where in your or the DOT figures do you show the number of trucking company’s that failed in the last 3 years ?\

Those trucking co’s no longer on the road are showing as operational co’s as of your report.

In the first quarter of 2008, 935 trucking co’s went out with total jobs lost accounting to well over 100,000. that number was again matched in the 2nd quarter.

I do not see these figures included in your report. Therefore your statistics are flawed.

Do you feel , as it appears in your letter to the FMCSA, that a drivers right to appeal any outcome of these new rules should Not be heard.

Accordingto the laws of the US

There is no absolute right of appeal for all decisions rendered by a lower court or administrative agency. Federal and state constitutions and statutory provisions create appellate courts and prescribe the types of cases that are within their jurisdiction. An appeal may be granted as a matter of right, such as from a trial court to an intermediate appellate court or only at the discretion of a superior appellate court, for example, by a grant of certiorari by the Supreme Court. If the decision presented does not meet the statutory requirements for review, the appellate court is powerless to hear the appeal and review is denied.

So I ask this, Do you  feel that drivers who are found in violation of these new rules should have NO safe gaurds built into these rules ?

I have several other points in the new FMCSA 2010 rules that we need to cover but I will await your reply to this letter first.

Thank You for Your time,

Dan Little

Pres. / Owner-Operators United Inc

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I feel that this new program will cripple this industry and cause thousands of people nationwide to lose everything they have.

This program could not have come at a worse time for this country.

Heres a link to the NPR interview about FMCSA 2010

http://www.npr.org/templates/story/story.php?storyId=120833750

Please let me know your views on this new set of rules & if Congressman Stearns wants these to take effect.

Thank You

Dan Little

Pres./ Owner-Operators United Inc