Posts Tagged ‘OMB’

Final Hours of Service Rule Released…FMCSA Retains 11-Hour Driving Time

Thursday, December 22nd, 2011

After months of debate, a final hours of service (HOS) rule has finally been released.FMCSA

Groups including Public Citizen, Teamsters, and the American Trucking Associations have been arguing over the Federal Motor Carrier Associations (FMCSA) proposal, which would cause a number of changes believed to be in the benefit of drivers and everyone on the road’s safety, among those limiting a driver’s on-road time from 11 to 10 hours.

The FMCSA submitted their updated proposal to the White House Office of Management and Budget (OMB) on November 1st.  The OMB, in return, reviewed the rule, returned it to the DOT, and will be published in the Federal Register on Dec. 27th of this year.

So what’s the verdict?  Will a driver’s time on the road be reduced by an hour?

After much consideration, the FMCSA has chosen to uphold the current 11-hour daily driving limit.

But the final rule does come with some changes, which are as follows (provided by http://www.fmcsa.dot.gov/rules-regulations/topics/hos-final/hos-final-rule.aspx):

-34-hour restart provisions “must include two periods between 1 a.m.-5 a.m. home terminal time” and “may only be used once per week,” effective July 1, 2013.

-Rest breaks:  “May drive only if 8 hours or less have passed since end of driver’s last off-duty period of at least 30 minutes,” effective July 1, 2013.

-On-duty time:  “Does not include any time resting in a parked CMV.  In moving CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth.  Also applies to passenger-carrying drivers,” effective Feb. 27, 2012.

-Penalties:  “Driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties.  Also applies to passenger-carrying drivers,” effective Feb. 27, 2012.

-Oilfield exemption:  “‘Waiting time for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in ‘remarks’ or a separate added to ‘grid,’” effective Feb. 27, 2012.

According to truckinginfo.com, those carriers “that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense” (http://www.truckinginfo.com/news/newsdetail.asp?news_id=75621&news_category_id=3).

Put your freight onboard a safe carrier who abides by the rules and regulations by visiting www.roadscholar.com.

What do you think of the FMCSA’s final rule?  List your comments below.

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.

news on the trucking industry

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!

FMCSA’s HOS Proposal Moves to White House for Final Review

Thursday, November 3rd, 2011

FMCSAShortly after pushing back the Federal Motor Carrier Safety Administration (FMCSA)’s deadline to publish a final hours of service (HOS) rule from October 28th to November 28th, the FMCSA has submitted their updated proposal to the White House Office of Management and Budget (OMB).

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.

As www.truckinginfo.com notes, the OMB’s process usually takes between 60-90 days with a potential publication date expected in late February or sooner.

But the FMCSA’s decision is bound to strike controversy either way.

The FMCSA has already butted heads with Public Citizen who agreed to suspend their lawsuit against the agency if they agreed to revise the rule, stating that they would

renew their suit if they disagreed with the new ruling, truckinginfo.com notes.

As Public Citizen and safety group advocate spokesman Henry Jasney explained last February, the groups filing suit would accept a decrease in the amount of driving time to 10 hours as well as the 34-hour restart proposal and support mandatory electronic onboard recorders (EOBRs) (http://www.truckinginfo.com/news/news-detail.asp?news_id=73024).

On the other hand, Republican committee members have signed a letter last September addressed to President Obama noting the financial burden associated with the new proposal, asking to uphold the current HOS rule which has already proven effective in reducing accidents.

The American Trucking Associations (ATA), which is also against any changes to the current rule, has threatened action as well, including a lawsuit, if revision occurs.

For more news and updates in the trucking industry, visit www.roadscholar.com and let Road Scholar Transport handle all of your shipping needs.

What do you think the FMCSA has chosen to do regarding their HOS proposal?  What decision would you most like to see?  List your comments below.

FMCSA’s Hours of Service Deadline Extended to Next Month

Friday, October 28th, 2011

Members of the trucking industry will have to wait another month for the Federal Motor Carrier Safety Administration (FMCSA)’s decision on whether to reduce a driver’s hours of service (HOS) from 11 to 10 hours.

FMCSA

After being unable to meet today’s Oct. 28th deadline, the FMCSA was given a month’s extension, with a new date set for November 28th to publish a final rule.

This is not the first time this has happened.  The FMCSA’s July 26th deadline was pushed back to Oct. 28th after the FMCSA added two new studies, expanding the comment period.

But now the question remains, will the FMCSA meet their Nov. 28th deadline.

According to the FMCSA, “FMCSA will continue to work toward publishing a final rule as quickly as possible. The parties to the settlement agreement will file their next status report with the Court on November 28, 2011” (http://www.thetrucker.com/News/Stories/2011/10/28/FMCSANotabletomeettodaysdeadlinefornewHOS.aspx).

At the same time, the FMCSA still has yet to submit its rule to the White House Office of Management and Budget (OMB), which then has to clear it, a process that can take up to 60-90 days, surpassing the FMCSA’s deadline, before it can be published, truckinginfo.com notes.  But the OMB has already stated that they would expedite the ruling process.

The FMCSA is bound to face criticism regardless of its decision.  The ATA has already stated that it will take action if a revision was decided upon, pushing for the FMCSA to uphold the current HOS rules, which have been used for seven years now, due to its proven effectiveness (which has saved thousands of lives since it went into effect regardless of nearly 10 billion more miles traveled) and cost issues.

Are you in support of the FMCSA’s proposal or would you rather the agency sustain the current HOS rules?  List your comments below!

news on the trucking industry

FMCSA on Track as HOS Rule Passes Review

Monday, December 20th, 2010

The estimated projection time for the publication of the new hours of service (HOS) rule is looking good after the Office

chart

LARGE TRUCK FATALITY RATE PER 100 MILLION VEHICLE MILES TRAVELED 1998-2008 (www.safedriverhours.com)

of Management and Budget (OMB) cleared the proposal (submitted in July) last Friday.

The Federal Motor Carrier Safety Administration (FMCSA) expects for the new rule to go into effect this month.

Members of the trucking industry have to wait until the proposal is published to see whether the FMCSA cut the number of hours a driver is allowed (currently 11) as well as “an increase in the 34-hour restart provision and addition of at least one mandatory rest break during each shift” (http://www.truckinginfo.com/news/news-detail.asp?news_id=72483).

The American Trucking Associations (ATA) is opposed to the FMCSA’s rule change and is fighting to upkeep the current HOS, launching a site (www.safedriverhours.com) to demonstrate their argument.

According to truckinginfo.com, the FMCSA has until July 26 to develop a final rule.