This just in from the Massachusetts Association of Independent Agents (MAIA) January Newsletter; after some confusion regarding the National cell phone ban for commercial drivers, the MAIA published some frequently asked questions to help clarify and explain the regulations further. Within Massachusetts, State Police are strictly enforcing these regulations in the interest of keeping the roads safe. Massachusetts company owners and managers should spread the word of this cell phone ban to their fleet of drivers; awareness is half the battle!

1. Q: What is the effective date of the Mobile Telephone rule?
   A: The effective date of the rule is January 3, 2012.
2. Q: Are wired or wireless earpieces allowed?
   A: Yes. Hands-free use of a mobile telephone is allowed using either a wired or wireless earpiece, or the speakerphone function of the mobile telephone. Wireless connection of the mobile telephone to the vehicle for hands-free operation of the telephone, which would allow the use of single- button controls on the steering wheel or dashboard, would also be allowed.
3. Q: Is Push-to-Talk allowed?
   A: No. A driver’s use of the Push-to-Talk function on a mobile telephone violates the prohibition against holding the phone. This includes the continuous holding of a button that is necessary to use a Push-to-Talk feature through a mobile telephone, even when the driver is using a connected microphone or wireless earphone.
4. Q: Are holders of a commercial driver’s license (CDL) subject to the regulation only when driving a CMV, as defined in 49 CFR 383.5, or any vehicle?
   A: CDL holders are subject to the Federal rule only when driving a CMV.
5. Q: What drivers are covered by the Federal rule: intrastate or interstate? CDL holders? All CMVs?
   A: The rule covers both drivers of CMVs in interstate commerce and intrastate drivers who operate CMVs transporting a quantity of hazardous materials requiring placarding under 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73. If a CMV driver is employed by a State or a political subdivision of a State (e.g. county, city, township, etc.), FMCSA safety regulations do not apply, even if the driver is engaged in interstate transportation. But if a CMV driver employed by a State or a political subdivision of a State is operating a vehicle that requires a CDL, the applicable State traffic laws would govern (e.g., Maryland’s prohibition on the use of hand-held phones). The States have three years to implement by State law the disqualification provision.
6. Q: What is required of the employer in terms of company policy or training?
   A: The rule does not require motor carriers to establish written policies in terms of company policy or training programs for their drivers. However, employers are prohibited from allowing or requiring their drivers to use hand-held mobile phones. A motor carrier may establish policies or practices that make it clear that the employer does not require or allow hand-held mobile telephone use while driving a CMV in interstate commerce. The carrier is responsible for its drivers’ conduct.
7. Q: Is dialing a phone number allowed under this rule?
   A: No. Dialing a mobile telephone while operating a CMV in interstate commerce is prohibited by the rule. A driver can initiate, answer, or terminate a call by touching a single button on a mobile telephone, earpiece, steering wheel, or instrument panel – comparable to using vehicle controls or instrument panel functions, such as the radio or climate control system.
8. Q: Can a driver reach for a mobile telephone even if he/she intends to use the hands-free function?
   A: No. In order to comply with this rule, a driver must have his or her mobile telephone located where the driver is able to initiate, answer, or terminate a call by touching a single button while the driver is in the seated driving position and properly restrained by a seat belt. If the mobile telephone is not close to the driver and operable while the driver is restrained by properly installed and adjusted seat belts, then the driver is considered to be reaching for the mobile phone, which is prohibited by the rule.
9. Q: Are tow trucks exempt?
   A: No. The interstate operation of tow trucks that meet the definition of a CMV are not exempt. Tow trucks, however, are exempt when responding to police emergencies in accordance with 49 CFR 390.23 (a)(3).

Penalties:
The new rule prohibits commercial drivers from reaching for, holding or dialing a cell phone while operating a CMV. Drivers who violate these restrictions face federal civil penalties of up to $2,750 for each offense and disqualification of their commercial driver’s license (CDL) for multiple offenses. Additionally, states would suspend a driver’s CDL after two or more violations of any state law on hand-held cell phone use. Motor carriers that allow their drivers to use hand-held cell phones while driving would face a maximum penalty of up to $11,000. Approximately four million interstate commercial drivers would be affected by this proposal.

A driver is disqualified from operating a commercial motor vehicle (CMV) for 60 days with the second offense in three years, and 120 days for each subsequent offense within 3 years. This penalty only applies if the violation occurred while driving a CMV.

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For more information about this newly imposed National cell phone ban, contact Donna McKenna or Kathy Cormier at the MAIA by telephone at (800) 972-9312, or by email at kcormier@massagent.com or dmckenna@massagent.com.

To get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.

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Hey Franklin! It’s almost burning season, don’t forget to get your permit. January 15^th through May 1^st is considered burning season for 2012 here in Massachusetts. The Franklin Fire Department is urging citizens to please call (508) 553-5574 between 10AM and Noon. Then follow the directions provided to activate the permit that the Fire Department will email to you (due to processing, this might take some time). Franklin residents can also stop by 40 West Central Street (the Franklin Fire Department) to obtain your Burning Permit if email isn’t convenient.

Burning permits remain valid for the entire burning season (one year) and permits are free for Franklin residents. Although the permit itself if for the entire year, you must activate your permit each day you plan to burn. To activate, call (508) 553-5574 between 10AM and Noon. Permissions will not be granted after Noon any day. If leaving a message, include the following information, the current date, your name, address, and 2012 permit number.

The Fire Chief has the right to revoke any permit if regulations are not being followed. Past violations can also be a reason for withholding a permit; this is completely at the discretion of the Fire Chief. Along with the permit comes BP guidelines that should be read and followed for your own safety. If these regulations are broken, punishments can range from $500 plus the cost of suppressing the fire, to imprisonment for up to a month. Remember that all fires must be extinguished by 4PM. For more information about Burning Permits in the Town of Franklin, contact the Franklin Fire Department.

For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.

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The holidays have passed, and things are beginning to settle down. Finally you have some time to squeeze in an afternoon of “me” time and learn how to use that digital DSLR camera that Santa got you. Let’s face it… the manual doesn’t really help, it just confuses you more!

On Saturday, January 7^th, 2012 from 12:30-4PM, Franklin Art Center will be holding a workshop called “So I got a new DSLR camera? How do I get started?” This will be a mixture of lecture, demonstration, and hands-on activity. The instructor is Nicole Connolly, a professional photographer who graduated from the Center for Digital Imaging Arts at Boston University. For the past 4 years, she has also been working as a professional photographer shooting fine arts, editorials and advertisements.

For more information or to register for this workshop, contact Franklin Art Center at (508) 887-2797.

For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.

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Finally a place for dogs to run wild and play in Franklin! Did you know that Franklin, Massachusetts now has a park especially for dogs? Franklin residents no longer have to leave town in search of somewhere to take their pooch to play.

The new park is located at Dacey Community Field on Lincoln Street in Franklin, Massachusetts. The field has an amazing playground, as well as two baseball fields; there are plenty of activities for the whole family to enjoy. If you haven’t stopped by to check out the great facilities, be sure to make some time!

Thanks to Haley Goulet, an eighth grade student at Benjamin Franklin Classical Charter Public School this dog park project really took off the ground. Haley started this as a community service project for school, and made the Franklin Dog Park a reality for the community. Many community members and businesses have made generous contributions to fund Haley’s great idea (minimal public resources were used).

Some of the major LOCAL contributors were:

Camp Bow Wow

Colonial Fence Company

Critter Visits

Franklin Veterinary Clinic

Happy Tails Doggy Daycare, Inc

Home Depot

Lowe’s

Random Smile Project

Many other private donations were made; these are just some of the contributors to this great project. If you’d like to make a donation of your own, it’s really easy!

Any donations can be mailed to:

Franklin Dog Park

C/O Dean Bank

PO Box 307

Franklin, MA 02038

Also, you can find Franklin Dog Park on Facebook for more information, and to follow the future updates.

For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.

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Franklin businesses will be collecting canned goods for the Franklin Food Pantry for twelve days, from December 1^st to the 12^th as part of their “1,200 pounds of food and $1,200 in 12 days” campaign. Be sure to take part in this “12 Days of Donating” to help the Pantry support those in need this holiday season. Be sure to stop into any of these local spots listed below, anytime until the 12th, with canned goods or donations, and show your support for the community.

• Franklin Downtown Partnership – 9 East Central Street
• Jane’s Frames – 11 East Central Street
• Printsmart Office Supplies – 20 East Central Street
• Berry Insurance – 9 Main Street
• Dean Bank – 21 Main Street
• Dean College at the Campus Center

For more information about the “12 Days of Donating” campaign contact Franklin Downtown Partnership at (774) 571-3109 or at downtown.Franklin@yahoo.com.

For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.

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Christmas Tree on Main Street in Franklin, MA

 This Thursday, December 1^st is the 3^rd Annual Holiday Stroll in downtown Franklin, Massachusetts. Beginning at 4pm, Dean College will light up the holiday tree. Then take the kids to visit and take photos with Santa Claus at Simon’s Furniture from 5-7pm.  Mrs. Claus will be at the Franklin Historical Museum, just across town from Santa. Boston’s holiday music station will be broadcasting live from the Berry Insurance parking lot.  

Some of the local businesses open during the Holiday Stroll include:

• -A Cute Above
• -Berry Insurance
• -Dean Bank
• -Digital Federal Credit Union
• -Franklin Art Center
• -Franklin Boston Sports Club
• -Franklin Fire Department
• -Franklin Food Pantry
• -Franklin Girl Scouts
• -Franklin Historical Museum
• -Franklin School for the Performing Arts
• -H&R Block

So be sure to stop by and enjoy the merriment! Happy Holidays!

For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.

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Looking for an original birthday party idea that’s sure to be a big hit with the kids? Franklin Art Center has the perfect party package for your child’s birthday party that’s sure to be a hit with all their friends. Instead of doing the same thing as all the other kids at school, try something a little different this year – something exciting and out-of-the-box.

The good news is that each birthday party celebration is customized according to the birthday boy or girl. The party theme, art project, and other activities are up to you. Feel free to come up with your own original party theme, or even play off one of the themes listed on the website. Under the sea, jungle safari, prince/princess themed, or maybe even a project designed around your favorite story book, are just a few examples you can choose from, but the possibilities are endless. Get creative!

After choosing the birthday party theme, it’s time to think a little more about the specifics of the arts and crafts project. A working artist will instruct the group throughout the party. Projects can include painting, clay, or a variety of other materials – Franklin Art Center guarantees that no two projects will look the same. Jewelry boxes, masks, and collages are just some of the popular projects.

The craft itself usually takes about 30-90 minutes, depending on the activity chosen. Parents can feel free to enjoy the rest of the party at the Center, since the party package includes a two-hour time block for each party. Parents can supply refreshments, cake, or even plan for other activities.

Head to the Franklin Art Center in the center of downtown Franklin, MA to meet Ian and Linda, and start the party planning today. And tell them Berry Insurance sent you, by printing this coupon (click here) for 10% off a Birthday Party Package extended to all community members. Go on – get creative this birthday!

Franklin Art Center

5 Main Street

Franklin, MA 02038

Phone: (508) 887-2797

Email: franklinartcenter@gmail.com

You can also find Franklin Art Center on Facebook & Twitter, connect with them today and tell them Berry Insurance sent you!

For more information about this topic, or if you have any questions about our Partners Program or any of your Massachusetts business insurance needs, our agents at Berry Insurance would love to help! Call us at (800) 941-3317, visit our virtual insurance office at http://www.berryinsurance.com/ or stop by one of our locations in Franklin and Quincy, MA.

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Linda Webb, also known as “The Fraud Dog” has been America’s top insurance fraud investigator for over 25 years. Since insurance fraud is a $1B per year industry, Webb helps companies to proactively avoid fraud. Linda had uncovered some of the top organized crime rings, internal and external theft operations, as well as a $251M Medicare scheme that might have otherwise gone unnoticed.

Linda is in talks with a few television networks for the reality show “The Fraud Dog” to air later this year. The show will highlight and bring down many different types of insurance fraud. Webb hopes the show will allow others to understand the importance, as well as the significance of insurance fraud, and the amount of money that fraud costs everyone! In a specific clip that took place in Florida, there were over 100 staged auto accidents in just a 2 week span.

Linda hopes that through the broadcasting of “The Fraud Dog” Americans will begin to understand the severity of insurance fraud and how it affects every business and citizen. Education leads to understanding and prevention. Webb hopes that the show will also help people learn how NOT to be the victim of fraud.

Are you going to tune in to “The Fraud Dog”? Let us know!

For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.

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Do you enjoy supporting local businesses and your local community? The Franklin Farmers Market is a great way for community members to support local farms and growers. You might be wondering what exactly a Farmers Market is, and well, it’s exactly what it sounds like – local growers banding together to sell fruits and vegetables somewhere in the local community.

Items sold depend on the season and what’s ripe. Items range depending on the participants and the time of year. But essentially you can purchase anything that’s grown on a farm. The selection is new and fresh each week. Choices include lettuce, tomatoes, peppers, onions, fresh spices, apples, peaches or even blueberries. Think of all the great snacks, meals, and smiles you can bring to the family.

To join in on the local fun, check out the Franklin Farmers market Friday afternoons from 12-6pm. You can find this gathering at the Franklin MA Town Commons on the corner of Pleasant and Main Street. Look for the Franklin Food Pantry tent to purchase fresh items with WIC FMNP Coupons. Local farmers include Grateful Farm, Olde Nourse Farm, Fairmount Fruit Farm, and Wenger Farm. Come support your local growers!

Take a look at this video highlighting the 2011 Franklin, Massachusetts Farmers Market and all the great fresh produce!

For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.

You can also find us on all your favorite social networking sites!

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