Posts Tagged ‘federal register’

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 Announces EOBR 2, Questions of Driver Harassment Remain

Wednesday, February 15th, 2012

eobr

In April 2010, a proposal requiring the mandatory use of electronic onboard recorders (EOBRs) for all carriers cited with serious log violations (those who violated hours of service rules at least 10% of the time) was passed with an effective date of June 2012.

Shortly after that, the Federal Motor Carrier Safety Administration (FMCSA) proposed that all “interstate carriers that currently use records of duty status (RODS) logbooks to document drivers’ HOS” to install EOBRs as well 1.  Short-haul carriers who utilize timecards, on the other hand, would not be obligated to do so.

That rule would affect half a million carriers and hold a maximum $11,000 fine if violated.

But groups such as the Owner-Operator Independent Driver Association (OOIDA) have been petitioning the ruling for a while, believing that constant surveillance violates a driver’s right to privacy and can lead to greater safety issues for those drivers pushing to meet their quota, sometimes driving tired.

Their arguments paid off and last August, the Seventh Circuit Court had ordered that the rule be vacated until harassment concerns are addressed.

The FMCSA, however, took a new approach to the EOBR ruling yesterday when it removed their initial EOBR mandate that was restricted by the court, instead publishing in the Federal Register a supplemental notice of proposed rulemaking they call EOBR 2.

EOBR 2, according to the agency, “would require on-board recorders in virtually all trucks engaged in interstate commerce” 2.

In order to deal with lingering questions over driver harassment, the FMCSA is planning on holding a “series of public listening sessions to hear from drivers” while conducting driver, carriers and vendor surveys, LandLine Magazine notes.  Meeting times can be found on the Motor Carrier Safety Advisory Committee’s website at http://mcsac.fmcsa.dot.gov/meeting.htm#.

Many drivers, however, are already coming forward with their opinions.  As two of them expressed on thetruckersreport.com, “All I hear is company drivers saying how much they like them [EOBRs], they don’t have to PAY for them, I bet it would change their mind if it came out of their pocket” and “Tell me it’s not true. I thought OOIDA was going to protect us from harassment.”

Do you think that if drivers did not have to pay for EOBRs, they would show more acceptance towards the device or do you feel that driver harassment would still dominate driver concerns?

Fleet management systems incorporating EOBR devices are especially looked to be a concern in regards to harassing drivers.  As OOIDA’s Todd Spencer explains, “Minimum requirements for electronic logs do not harass drivers but the fleet management system that could be incorporated into the device could open the door to harassment” 3.

He continued by explaining “On-board recorders can’t measure when a driver is tired, when a driver ever needs to stop or when a driver needs a break, but certainly a fleet-management program can let a motor carrier know their driver stopped,” giving them a “harassment” tool to pressure drivers into working, perhaps when tired 4.

In order to prevent harassment from occurring, the FMCSA is being encouraged to put forth civil penalties for harassment as well as “seek out current regulations that appropriately address any driver complaint that is made” 3.

But while there has been great concern and opposition over the mandatory usage of EOBRs, there are some benefits.  As safety advocacy group Road Safe America notes, the installation of the device would promote safer drivers/fewer accidents by cutting back on the number of tired drivers pushed to go beyond their hours of service by their employer.

So was the case this month when a Pennsylvania trucking company was charged with violating hours-of-service on several occasions.

D.A. Landis Trucking, located in Lancaster, PA, was found to have their drivers maintain two hours-of-service logs, one of which they exposed to the U.S. Department of Transportation and FMCSA and the other in which they kept in a filing cabinet (along with trip sheets) that they hid from the agencies, allowing them to travel longer distances without being fined 5.  The company now “faces up to 5 years probation and a $5.5 million fine” while the owner faces “5 years in prison and a $250,000 fine” 5.

With cases such as these, the FMCSA is pushing forward towards the mandatory use of EOBRs for monitoring a driver’s hours-of service-compliance.

Like one individual notes, “Mandated EOBR’s (for all CMV’s) are coming, like it or not. I expect within 2 years it will be a mandatory part of the truck build process for new trucks by 2016. Trucks will be no different than commercial aircraft with their black boxes. I wouldn’t put is past them to try and implement CVR’s (cockpit voice recorders) either at some point in the future” 6.

We want to hear your thoughts regarding the FMCSA’s EOBR 2. Do you think that mandatory EOBRs are coming?  Do you feel that the device would be more intrusive or beneficial? Are you concerned if EOBR and related device costs are passed on the shipper?   List your comments below.

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1 http://www.etrucker.com/apps/news/article.asp?id=86197

2 http://www.landlinemag.com/Story.aspx?StoryID=22355

3 http://www.truckersnews.com/fmcsa-to-move-on-recorders-hours/

4 http://www.truckflix.com/news_article.php?newsid=7732

5 http://www.truckflix.com/news_article.php?newsid=7725

6 http://www.thetruckersreport.com/truckingindustryforum/truckers-news/168196-ferro-fmcsa-2012-will-mandate-eobrs.html

Safety Reauthorization Bills to be Presented to Senate Next Week, Available via Live Stream

Friday, December 9th, 2011

SenatThree transportation bills introduced earlier this week covering safety topics which include electronic on-board recording devices (EOBRs), chameleon carriers, detention, the loading/unloading of hazardous materials, among other issues, will be heard by the Senate Commerce Committee next week.

The first bill, the Motor Vehicle and Highway Safety Improvement Act of 2011, “reauthorizes highway and vehicle safety programs under the National Highway Traffic Safety Administration…managing safety and research programs designed to decrease vehicle deaths and injuries by changing driver behavior” (http://www.transportationissuesdaily.com/senate-to-act-on-highway-safety-bills/).

Among these safety programs is the mandatory requirement of electronic on-board recorders (EOBRS) on trucks.

Last August, the U.S. Court of Appeals sided with the Owner-Operator Independent Driver Association (OOIDA), agreeing that the Federal Motor Carrier Safety Administration (FMCSA) needed to address the issue of driver harassment in their EOBR mandate.

On November 1st, the FMCSA submitted its proposal of whether it will reduce a driver’s hours of service from 11 to 10 hours, among several other proposed changes.  But before the FMCSA’s decision will be announced to the public, the OMB must first review the rule, returning it to the DOT with any recommendations, who will then pass it to the Federal Register for publication.

Recommendations to the requirement were submitted to the FMCSA this week with details on the suggestions expected to be released next week.

The bill also addresses the issue of chameleon carriers (existing carriers who register as a new carrier in order to hide poor safety records).  As Transport Topics notes, “The bill would also make it harder for a carrier shut down for violations to “reincarnate” under a new name,” along with “requiring new ‘applicant motor carriers’ to demonstrate knowledge of safety regulations through written exams.”

Detention, labeled the “biggest productivity or efficiency problem in trucking” by the Owner-Operator Independent Driver’s Association (OOIDA), costing the trucking industry $3 billion a year and drivers 30-40 hours a week, is also addressed in the bill.

This detention not only threatens the next shipment on the driver’s truck being late, but also takes away from a driver’s allowed hours of service (HOS).  In return, the bill explains concern that drivers who are detained would be more apt to violate their HOS, driving fatigue in order to make delivery appointments.

The other two bills (the Commercial Motor Vehicle Safety Enhancement Act of 2011 and Hazardous Materials Transportation Safety Improvement Act of 2011) are not yet available to the public but would include the requirement of “a paperless hazard communication system between all parties in the transportation chain, along with emergency responders and law enforcement personnel,” as well as “uniform procedures for the safe loading and unloading of hazardous materials on and off trucks,” Transport Topics explains.

Road Scholar Transport is a hazmat certified carrier, hiring only the most professional and experienced drivers who are subject to background checks and safety tests well beyond the industry standard.  Road Scholar’s hazmat certified drivers participate in a training program that keeps them “up to speed” on the latest techniques to prevent accidents and protect hazardous cargo.  Combine Road Scholar’s drivers’ experience with our strict in transit security protocols and the result is a “security officer” behind the wheel escorting your freight.

Those wishing to tune into the session on Wednesday can do so at 10 a.m. by going to http://commerce.senate.gov/public/index.cfm?p=Home.

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Final HOS Rule Expected by Year’s End

Tuesday, November 29th, 2011

The Federal Motor Carrier Safety Administration (FMCSA) expects to ring in the New Year with a final hours of service (HOS) rule.

Last Monday, Public Citizen, along with the FMCSA, told the U.S. Court of Appeals that they should have enough time to issue a final rule within the next 30 days.

The rule, which threatens reducing a driver’s hours of service from 11 to 10 hours, among several other proposed changes, had an original publishing date set for October 28th, but when the FMCSA could not meet the deadline, they were granted a November 28th extension.

Shortly after the extension was granted, the FMCSA submitted their updated proposal to the White House Office of Management and Budget (OMB) on November 1st.

The OMB must first review the rule (a process that can take up to 60-90 days), return it to the DOT with any recommendations, who will then pass it to the Federal Register for publication before the FMCSA’s decision will be announced to the public.

But from the looks of it, the FMCSA will face a battle regardless of its decision.

The American Trucking Associations (ATA), who is pushing for the FMCSA to uphold the current HOS rule based on its proven effectiveness in safety as well as cost issues with the revised proposal, have already stated that they would take action if the HOS rules were changed.

At the same time, Public Citizen, who said that they would accept a decrease in the amount of driving time to 10 hours as well as the 34-hour restart proposal as well as support mandatory electronic onboard recorders, stated that they would reopen their suit if the current HOS rule was sustained.

Still, the HOS is expected to stir up more debate tomorrow at a House hearing in which the Subcommittee on Regulatory Affairs is scheduled to hold a session entitled, “The Price of Uncertainty: How Much Could DOT’s Proposed Billion Dollar Service Rule Cost Consumers This Holiday Season” (http://www.truckinginfo.com/news/news-detail.asp?news_id=75409).

Listen to the hearing live on November 30th at 10 a.m. by going to Oversight.House.Gov.

Road Scholar Transport

Visit www.roadscholar.com for updated news in the trucking industry and to ship with a safe company, equipped with the latest technology.

Are you in support of the FMCSA’s proposal or would you rather the agency sustain the current HOS rules?  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.

Comment Period Kicks Off as First Mexican Carrier Passes Pre-Authorization Audit

Wednesday, September 14th, 2011

Grupo Behr de Baja California has become the first carrier to pass its pre-authorization audit as part of the U.S./Mexico cross-border agreement, according to results published in the Federal Register.

U.S./Mexico

U.S. Transportation Secretary Ray LaHood signed a cross-border agreement with Mexico that would abolish $2.4 billion worth the retaliatory tariffs Mexico placed on U.S. goods back in 2009, lifting 50% of the tariffs 10 days after the signing and the rest once the U.S. grants a Mexican carrier operating authority.

Through the agreement, Mexican carriers must abide by certain rules and regulations.

As truckinginfo.com notes, once the pilot program is running (in which a date is still pending), Grupuo Behr de Baja California will be eligible for provisional operational authority for 18 months and afterwords, “if the carrier has no pending enforcement or safety improvement actions and has cleared a compliance review, will be eligible for permanent authority in the pilot program” (http://www.truckinginfo.com/news/news-detail.asp?news_id=74683).

Groups, such as the Owner-Operator Independent Drivers Association (OOIDA), Public Citizen, and Teamsters have already filed lawsuits against the cross-border program.

While the Public Citizen and Teamsters suit hearing is still underway, the OOIDA suit has already been dismissed by the U.S. Court of Appeals, truckinginfo.com explains.

OOIDA has fought that the program will take away from U.S. jobs, especially those truckers working for small businesses, and is outraged that U.S. taxpayers are spending their hard-earned money to provide EOBRs (electronic onboard recording devices) for these Mexican carriers operating in our country.

Grupo Behr operates nine trucks, five of which have been cleared, and employs four drivers, three of which were granted access, the site notes.
Road Scholar Transport

Road Scholar Transport, on the other hand, operates 97 tractors and 305 dry vans and refrigerated trailers while upholding an excellent safety record.  With the newest technology and well-maintained trucks, including Road Scholar Transport’s new 2012 models, we have never been cited for a piece of faulty equipment in an accident.

Why take the chance of allowing a bottom-feeder carrier to transport your goods when you can ship with a well-known, qualified trucking company like Road Scholar?

The Federal Motor Carrier Safety Administration will be accepting comments regarding their audit findings up until September 22nd.

List your comments regarding this issue below!

National Highway Traffic Safety Administration Amends Stopping Distance Requirement

Thursday, July 28th, 2011

(The following information is based on the NHTSA’s ruling located in the Federal Register and available at http://www.regulations.gov/#!documentDetail;D=NHTSA-2009-0175-0006)

NHTSA

Earlier this week, the National Highway Traffic Safety Administration (NHTSA) published a new requirement for the stopping distance of truck tractors, in response to an earlier ruling.

In July of 2009, the agency issued a ruling requiring an improved stopping distance for heavy trucks, reducing the distance of trucks traveling at 60 mph from 355 feet to 250 feet, allowing a minority of very heavy tractors a stopping distance of 310 feet.

The ruling, however, sparked the response of eight petitions based on four main issues.  One of them, having to do with the stopping distance requirements, was challenged by the TMA, HDBMC, and Bendix, who believed that “speeds lower than 60 mph have not been validated through actual vehicle test data” and that “the brake timing may be too fast for some vehicle configurations.”

Therefore, the NHTSA was asked to remove the new requirements until tests could be conducted and results obtained.  The NHTSA accepted and “required compliance with the improved stopping distance requirements for tractors with four or more axles and a GVWR of 59,600 pounds or less by August 1, 2013.”

NHTSA conducted tests analyzing the stopping distance of a tractor trailer traveling at 60 mph, 55 mph, 50 mph, and so on down to 20 mph, repeating the test with a lightly loaded vehicle weight (excluding the trailer).

The results showed that when the tractor was loaded to GVWR and traveling at 20 mph, it obtained a stopping distance of 31.2 feet…1.2 feet more than the required amount.

After gathering all of the results, the NHTSA decided that the requirements may not be practicable and increased the stopping distance for a loaded truck traveling at 20 mph from 30 to 32 feet and for an empty tractor traveling at the same speed from 28 to 30 feet.

The NHTSA’s new ruling will become effective on Monday, August 1st with petitions being accepted up until September 12th.

truck

How is Road Scholar Transport improving their stopping distance?  We have equipped all of our new tractors with disc brakes for safety as well as purchased trucks with the Bendix Wingman ACB System which works to maintain a set distance of 8/10ths of a mile marker behind a forward vehicle, preventing accidents by automatically reducing the throttle, using the engine retarder, or applying the brakes.

Wouldn’t you rather your freight onboard trucks equipped with anti-crash technology?  If so, then visit www.roadscholar.com to schedule your LTL or truckload freight.

What do you think of the NHTSA’s stopping distance requirements?

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Trucking Industry Must Wait Another Year On Speed Limiter Rule

Monday, January 3rd, 2011

The Federal Register today published a notice pertaining to the 2006 filings by the American Trucking Associations spedometer(ATA) and Road Safe America (including nine trucking companies) on obtaining a speed limiter rule for heavy-duty trucks, allowing for the petitions and announcing a rulemaking by the National Highway Traffic Safety Administration next year, truckersnews.com notes.

According to the site, both petitions are urging for mandatory devices to be installed on trucks with a gross vehicle weight rating greater than 26,000 pounds, which would limit a truck’s maximum speed to 68 miles per hour (http://www.truckersnews.com/agency-to-consider-speed-limiter-rule-in-2012/).  The ATA wants these devices installed on all new trucks while Road Safe America is taking it a step further, pushing for the requirement to be on all models from the year 1990 on.

Not everyone is for the speed limiter rule however, the Owner-Operator Independent Drivers Association being one.

According to the Association, whether or not a truck is restricted to 68 miles per hour or not will not have a great impact on the number of fatalities or accidents.

The Association claims that only four percent of trucks are currently limited to a maximum speed and half of those trucks are responsible for fatalities involving trucks (http://www.truckersnews.com/agency-to-consider-speed-limiter-rule-in-2012/).

The National Highway Traffic Safety Administration awaits its decision on whether they will issue a ruling on the petitions.

Regulation Makes Electronic Signatures Equivalent to Paper

Monday, January 3rd, 2011

As of tomorrow (Tuesday, January 4th), electronic documents and signatures will be treated equally to their paper paper signaturescounterparts.

According to thetrucker.com, the Federal Motor Carrier Safety Administration (FMCSA) has issued regulatory guidance on electronic signatures/documents given the understanding that “it is the functional equivalent with respect to integrity, accuracy and accessibility.”

The guidance came after requests to replace paper with easier electronic means and would lead to greater electronic usage.

The electronic records, along with paper means, still require the ability to produce documents to the FMCSA within 48 hours or on demand if needed, the site notes.  If unable to do so, then electronic documentation will not be considered equivalent to that of paper.

The Federal Register will publish the guidance, making it effective tomorrow (http://www.thetrucker.com/News/Stories/2011/1/3/FMCSArevisesguidanceforelectronicrecords.aspx).

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.