Posts Tagged ‘CDL’

FMCSA Amends CDL Ruling

Friday, March 29th, 2013

After receiving 34 petitions in response to their May 2011 amendment, the Federal Motor Carrier Safety Administration has granted several changes to their final ruling regarding issuance of commercial learner’s permits (CLPs) and driver’s licenses (CDLs).

According to the federal register, the following amendments have been granted:

Verification

Previously- Two State Driver’s Licensing Agency (SDLA) members were required to “verify CLP and CDL applicants’ test scores, completed application forms, and documents to prove legal presence,” leading to complaints of  increased workloads for agency SDLA members during a time of reduced resources. 1

Amendment- Although the FMCSA no longer requires two people to verify the same document, two people must still be involved in the licensing process.

Training Schools

Previously- CDL training schools were only allowed to administer skill tests if there were “no skills testing alternative within 50 miles of the school and the same examiner does not train and test the same student applicant,” otherwise, skills testing was prohibited, which some called a hardship and too restrictive. 1

Amendment- CDL training schools are allowed to administer skills tests with the understanding that the examiner does not test their own students.

Bonding

Previously- Third party CDL testers (many of whom are governmental entities) were required to “maintain bonds in an amount sufficient to pay for retesting of drivers if required due to examiners engaging in fraudulent activities related to skills testing.” 1

Amendment- Due to a lower risk obtaining expenses and that most states do not require political agencies to obtain bonds, the FMCSA eliminated the requirement for governmental entities to maintain bonds. 1

CLP Photos

Previously- Driver digital color or black and white laser engraved photographs on CLP’s were prohibited, leading to security complaints.

Amendment- CLP photograph inclusion, including digital color and black and white laser engraved, is now permissive.

Background Checks

Previously- Test examiners were required to undergo background checks every year, which many considered to be a burden.

Amendment- Test examiners only need to undergo background checks upon hiring.

federal reg

The above amendments become effective April 24, 2013.

Click on the image to the right to read a copy of the revisions listed in the Federal Reserve.

Do you believe that these amendments will have any effect on the driver shortage or the quality of drivers operating on the road?

If you are a qualified CDL driver looking for a position at a reputable trucking company, visit Road Scholar Transport’s Employment Opportunities Section!

1http://www.gpo.gov/fdsys/pkg/FR-2013-03-25/pdf/2013-06760.pdf#page=1&zoom=auto,0,800

FMCSA to Revisit Rule Defining Tank Vehicles

Thursday, April 26th, 2012

What should be defined as a tanker vehicle has groups and organizations stirring debate.

A petition led by the Commercial Vehicle Safety Alliance (CVSA) in 2008 prompted the Federal Motor Carrier Safety Administration (FMCSA) to redefine tank vehicles in May of 2011.

Whereas tank vehicles previously “did not apply to commonplace fluid bins,” and which drivers did not need a tank endorsement for, the revision surpassed the CVSA’s request, including vehicles that “haul any containers of liquid or gas with a rated capacity of 119 gallons or more as part of an aggregate of 1,000 gallons that aren’t permanently attached to the vehicle.” 1 This includes “dry van trailers hauling empty or filled cylinders and intermediate bulk containers (IBCs) designed for the carriage of liquids and gases.” 2

Considered “too broad” of a definition and forcing more drivers to have tank endorsements on their CDLs, groups such as the Owner-Operator Independent Drivers Association (OOIDA) and American Trucking Associations (ATA), have pointed out the additional expense drivers and carriers will be facing under the revised definition.

As the ATA stated, “Obtaining this endorsement is burdensome, requiring additional training, time off work and substantial costs and fees.” 3

Understanding these concerns, the FMCSA decided on March 30th to reconsider the definition and who is required to hold a tank endorsement on their CDL.  The problem, however, lies with the states who have already adopted the definition.

Although the ruling was set to go into effect on July 8th, states were given until July 2014 to establish the ruling, which poses as a problem.  As the OOIDA’s Joe Rajkovacz states, “If it can be assumed that we’re going to get a relaxed definition, then drivers should not be exposed to being cited for this in the various states that have already adopted the wider definition.” 1

The FMCSA acknowledged that it will be seeking comments on the definition but did not announce a date as of yet.

The ATA and ARA (Agricultural Retailers Association, who is also affected by the tank endorsement since pesticides are transported via IBC containers) suggested the following definition to the FMCSA:

“Tank vehicle means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank having an individual rated capacity of more than 1,000 gallons that is either permanently or temporarily attached to the vehicle or the chassis; or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that are permanently attached to the vehicle or the chassis. A commercial motor vehicle transporting portable tanks that are manifested as either empty or as residue on a bill of lading or transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer are not considered to be tank vehicles.” 2

How would you define tank vehicles?  Post your responses at http://gsfn.us/t/2tatk.

Are you looking to get your tanker endorsement or are being required to do so?  Take the practice tanker endorsement CDL practice test below (provided by http://www.truckingtruth.com/cdl-test/cdl-test-tanker-endorsement-A.html):

NOTE:  Click on image to view all 15 questions and answers.

click to view

1 http://www.landlinemag.com/Story.aspx?StoryID=23492

2 http://www.croplife.com/article/26733/dot-issues-final-regulations-on-tank-vehicle-definition

3 http://www.truckinginfo.com/news/news-detail.asp?news_id=76184

4 http://www.etrucker.com/ovd/feds-revisit-tanker-definition

NTSB Recommends Mandatory Video Event Recorders and Collision Avoidance Systems in Trucks Following 2010 Crash

Thursday, December 15th, 2011

Last year’s fatal accident claiming two lives and injuring 38 others prompted the National Transportation Safety Board (NTSB) to recommend a ban on cell phone usage while driving, a proposal that will go into effect January 3rd of next year with a $2,750 fine for first offense drivers, maximum $11,000 fine for carriers allowing their drivers to use cell phones on the road, and the suspension of a driver’s CDL in cases of multiple offenses.

Along with a ban on cell phone usage, the NTSB has also recommended the mandatory usage/review of video event recorders on tractors as well as collision avoidance systems.

The accident took place in August of 2010 in Mo. when a fatigued pickup driver2010 crash was texting while driving, sending/receiving 11 texts within 11 minutes, striking a bobtail tractor trailer which had slowed down in a construction zone.  A school bus, filled with children who were on a field trip, in return hit the pickup due to the driver being distracted by a motorcoach which was parked on the shoulder at the time.  Another bus, also on a field trip, did not maintain a proper distance behind and was unable to stop, hitting the bus in front.

According to the NTSB, the events of the accident could have been “more definitely assessed” if the vehicles had video event recorders.

Although the NTSB cannot impose a law, its suggestions do carry a lot of weight.  Therefore, the NTSB recommends that the Federal Motor Carrier Safety Administration do the following:

-“Require all heavy commercial vehicles to be equipped with video event recorders that capture data in connection with the driver and the outside environment and roadway in the event of a crash or sudden deceleration event. The device should create recordings that are easily accessible for review when conducting efficiency testing and system wide performance-monitoring programs” (http://www.ntsb.gov/news/events/2011/gray_summit_mo/index.html).

-“Require motor carriers to review and use video event recorder information in conjunction with other performance data to verify that driver actions are in accordance with company and regulatory rules and procedures essential to safety” (http://www.ntsb.gov/news/events/2011/gray_summit_mo/index.html).

On top of that, the NTSB encourages the following (provided by ntsb.gov):

-“Complete rulemaking on adaptive cruise control and collision warning system performance standards for new passenger cars. At a minimum, these standards should address obstacle detection distance, timing of alerts, and human factors guidelines, such as the mode and type of warning.”

-“Determine whether equipping commercial vehicles with collision warning systems with active braking and electronic stability control systems will reduce commercial vehicle accidents. If these technologies are determined to be effective in reducing accidents, require their use on commercial vehicles.”

Road Scholar Transport already applies crash prevention technology on our fleet to enhance the safety of your products.  Our trucks utilize the Bendix Wingman ACB System, allowing for our trucks to maintain a set distance of 8/10ths of a mile marker behind a forward vehicle.

When cruise control is off, the ACB will deliver a beeping alert, which gets faster and louder when closing in on a vehicle, as well as a visual warning on the dashboard showing how far the vehicle is from your truck.

When cruise control is on, the ACB will automatically reduce the throttle, use the engine retarder, or apply the brakes (delivering 1/3 the vehicle’s power with the driver applying the rest if needed) in order to maintain a set distance from the vehicle ahead.

Check out all of Road Scholar’s safety features at www.roadscholar.com and to get on board a safe carrier today.

What do you think of the NTSB’s recommendations?  Should video event recorders and collision avoidance systems become mandatory?  List your comments below.

Final Rule Banning Hand-Held Cell Phone Usage Among Truck Drivers Could Result in $11,000 Fine for Carriers

Monday, November 28th, 2011

Text messaging while driving distracts an individual for an average of 4.6 seconds, increasing their risk of an accident by 23 times (http://www.distraction.gov/content/get-the-facts/facts-and-statistics.html).  Given these facts, texting continues to still grow with over 196 billion messages being sent last June alone.

cell phone

In an attempt to reduce the risk of an accident/injury, the Federal Motor Carrier Safety Administration (FMCSA) prohibited commercial truck drivers from texting while driving last year, with the DOT extending the rule to include intrastate HAZMAT drivers earlier this year.

Last Wednesday, the FMCSA took the rule a step further, this time banning interstate truck drivers from utilizing hand-held cell phones while driving.  The rule, which still allows drivers to continue usage of hands-free phones, will affect nearly four million drivers, according to the FMCSA website.

Strict penalties have been put into place to enforce the new ruling.  According to www.fmcsa.dot.gov, any driver caught in violation could face a maximum fine of $2,750 with carriers allowing their drivers to operate a vehicle while using a hand-held phone facing a fine of $11,000.  Those drivers being issued “two or more serious traffic violations” will have their CDL suspended.

Distraction.gov states the following statistics regarding cell phone usage during operation of a vehicle:

-Reaching for an object/cell phone increases the risk of an accident by three times

-Dialing a phone increases the likely of an accident by six times

-There were 5,474 fatalities and nearly 500,000 injuries due to distracted driving in 2009

-Talking on the phone (either hand-held or hands-free) gives the driver a concentration equal to a blood alcohol level of 0.08

-Talking on the phone while driving decreases concentration by 37%

Given these stats, the FMCSA issued the new ruling, set to go in effect 30 days after it is published in the Federal Register.

truck

Road Scholar Transport promotes safety on the road, which is why we have policies on driver cell phone usage.  In addition to policies, Road Scholar’s newly equipped Bendix Wingman ACB system allows our trucks to maintain a set distance of 8/10ths of a mile marker behind a forward vehicle.

When cruise control is off, the ACB will deliver a beeping alert, which gets faster and louder when closing in on a vehicle, as well as a visual warning on the dashboard showing how far the vehicle is from your truck.

When cruise control is on, the ACB will automatically reduce the throttle, use the engine retarder, or apply the brakes (delivering 1/3 the vehicle’s power with the driver applying the rest if needed) in order to maintain a set distance from the vehicle ahead.  Talk about crash prevention.

Check out all of Road Scholar’s safety features at www.roadscholar.com and get on board a safe carrier today.

What do you think of the FMCSA’s ruling banning hand-held cell phone usage?  Do you think that the FMCSA should ban hands-free usage as well?  List your comments below.

Ruling Providing Extension for 2008 CDL Requirement to Become Effective Next Month

Tuesday, November 15th, 2011

FMCSALast June, the Federal Motor Carrier Safety Administration (FMCSA) issued a proposal that would extend the 2008 CDL ruling to January 30, 2014.

The ruling, originally issued back in December of 2008, “requires any CDL holder subject to the physical qualification requirements of the Federal Motor Carrier Safety Regulations (FMCSRs) to provide a current original or copy of his or her medical examiner’s certificate to the issuing State Driver Licensing Agency (SDLA),” for the SDLA to then post the medical certification information into the CDLIS driver record (with a deadline set for January 30, 2012 to gather and post the information), and for “interstate motor carriers to retain copies of their drivers’ medical certificates in their driver qualification files,” according to www.regulations.gov.

As of today, November 15th, the FMCSA’s proposal has been published, extending the CDL requirement two years to January 30, 2014, in which drivers will still have to carry copies of their medical certificates with them.

Although the ruling has been extended, the SDLA is still required to collect and post the data into the CDLIS driver record by the Jan. 30th, 2012 deadline.

According to the FMCSA, “Extending the requirement that both interstate CDL holders and motor carriers retain the copy of the medical examiner’s certificate for 2 years, will provide sufficient overlap with the requirement that all SDLAs obtain the medical status and medical examiner’s certificate information and post it on the driver’s CDLIS driver record,” (http://www.regulations.gov/#!documentDetail;D=FMCSA-1997-2210-0224).

The rule will go into effect next month on December 15th.

Read the FMCSA’s full document details on the ruling at http://www.regulations.gov.

Road Scholar Transport hires only the most qualified CDL drivers who are knowledgeable and compliant to the rules and regulations.  By visiting www.roadscholar.com, you will gain access to resourceful information including cargo security and how Road Scholar Transport has partnered up with the Cargo Security Alliance to provide only the safest and secure technology to our fleet, our certifications, online tools including the ability to verify driver ID badges via Regiscope, how Road Scholar is giving back to the community via our awareness program, contests and games, and much more.  So why wait, visit www.roadscholar.com today!

What do you think of the FMCSA’s decision to extend CDL requirements an additional two years but maintain the compliance date for the SDLA?

Drivers May be Given Only One Chance After Failing to Obtain Medical Card Before Being Put Out-of-Service

Monday, May 9th, 2011

Not carrying a medical card after a previous warning could result in CDL drivers being taken out-of-service, according to a new proposal being looked at by the Commercial Vehicle Safety Alliance (CVSA).

medical card

The Department of Transportation (DOT) requires CDL drivers to carry a valid medical card, which the American Trucking Associations states, makes up the fourth most popular citation for drivers.

The validation process for driver medical cards, created by the Federal Motor Carrier Safety Administration (FMCSA), is set for January 30, 2012 for state licensing departments, but as the CVSA notes, not all states will be ready by that time, and therefore, additional protection is sought after (http://www.truckinginfo.com/news/news-detail.asp?news_id=73702).

Hoping to cut back on the number of citations and promote safety on the road, the FMCSA proposed that a driver be taken out-of-service if they are caught without their medical card.  The CVSA, however, decided that not having a medical card on hand did not pose an “imminent hazard” or increase the risk of an accident, and therefore, is looking at granting drivers two “strikes” instead of one before being placed out-of-service, truckinginfo.com notes.

The FMCSA is encouraging stricter penalties since many drivers that do not carry a certification do so not because they forgot it, but because they are not qualified to carry it, the article explains.

To obtain a medical card, a driver must pass a physical medical examination, which includes seven sections such as hearing, vision, height/weight, mental health, blood pressure, urinalysis, etc.

Medical conditions that pose as a driving risk, such as impaired vision, diabetes, or alcohol abuse, lead to disqualification.

Those that pass will be issued a medical card which is valid for up to two years, depending on if the driver has a current medical condition that needs to be monitored, such as high blood pressure.  Learn more the DOT medical exam and CMV certification at http://www.fmcsa.dot.gov/rules-regulations/topics/medical/aboutdotexam.htm.

Using the Driver Information Resource database, inspectors can verify if the driver has a previous violation or not, but as the truckinginfo.com explains, a decision on the proposal will not be reached until the CVSA meets in the faroad scholarll.

Ensure that the driver carrying your freight is qualified by shipping your LTL and truckload freight with Road Scholar Transport.  By visiting www.roadscholar.com, you will be granted access to online driver verification, instant rates, industry news, and much more.  Check it out today!

Do you feel that drivers should be taken out-of-service if they fail to provide their medical card on two occasions?

New Proposal Seeks to Prohibit Cell Phone Use for Truck/Bus Drivers

Friday, December 17th, 2010

First it was text messaging.  Now a recent proposal is urging for a ban to be put in place on hand-held cell phone use cell phonewhile operating a commercial motor vehicle.

According to truckinginfo.com, the new proposal set forth by the Department of Transportation (DOT) would restrict “commercial drivers from reaching for, holding or dialing a cell phone” while driving and the penalties of doing do are as follows:

-Maximum $2,750 fine for drivers

-Maximum $11,000 fine for carriers

-Possible suspension of CDL for two or more offenses

The proposal is based off of statistics demonstrating the risk of cell phone use while driving.  The site notes that the chances of getting into an accident are tripled when a driver reaches for a cell phone or other object and six times more likely to happen when dialing a phone while operating a vehicle (http://www.truckinginfo.com/news/news-detail.asp?news_id=72480).

Unsafe driving practices put not only the driver but everyone around them at risk.  That’s why Road Scholar Transport has a strict cell phone policy for all of its drivers.

Are you for or opposed to this proposal?  Have something to say regarding it?  You will have your chance.  Once the proposal is placed in the Federal Register, the public is allowed 60 days to state their opinion/concerns on it.