Waynes World - March 2008
MANY NEW RULES ARE COMING FROM THE DOT.
HERE IS JUST SOME OF THEIR...
PROPOSED RULEMAKING
AGENDA FOR 2008
by Wayne Schooling
ON-BOARD RECORDERS: This rulemaking would amend FMCSA regulations concerning the use of electronic on-board recorders to document compliance with the federal hours-of-service rules. A proposal was issued in January of 2007; a final rule is expected in September of 2008.
MEDICAL CERTIFICATES: This final rule will incorporate the medical certification process into the commercial driver’s licensing process. Drivers required by federal regulations to obtain a medical certificate will have to provide proof of their medical qualifications to obtain a CDL, and their current medical certification status will become part of their driving record, eliminating the need to carry a medical certificate. A final rule is expected in April of 2008.
CDL REQUIREMENTS: The FMCSA intends to revise the commercial driver’s license (CDL) knowledge and skills testing standards and adopt new minimum federal standards for states to issue commercial learner’s permits. This revision will also establish maximum issuance and renewal periods, a minimum age limit, and address issues related to a driver’s state of domicile. A proposed rule was expected in February of 2008. Note: This official CDL training is available at the NTA Online Institute.
MOTOR CARRIER REGISTRATION: The FMCSA proposes to replace the current DOT identification number system, registration and licensing system, and financial responsibility system with a single, online, unified federal system. A proposed rule was published in 2005; a supplemental proposal is scheduled for March of 2008.
INTERMODAL EQUIPMENT: This rulemaking would require those that offer intermodal container chassis for transportation in interstate commerce to obtain and display a USDOT number on each chassis, establish a systematic inspection and maintenance program, and provide a means for responding to complaints about the condition of intermodal container chassis. A final rule is expected in April of 2008.
RAILROAD CROSSINGS: This rulemaking would prohibit drivers from driving onto a railroad grade crossing unless there is sufficient space to drive completely through the crossing without stopping. The original rulemaking, begun in 1998, was withdrawn in April of 2006, and will be replaced by this new proposal. A proposed rule is scheduled for September of 2008.
DRUG AND ALCOHOL TESTING: The DOT and FMCSA are proposing to amend their drug and alcohol testing rules to authorize DOT-regulated employers to report employee-specific positive and/or refusal drug and alcohol testing information to state CDL authorities when a state law requires them to do so. A proposed rule was expected back in December of 2007. The DOT has also proposed to amend its instructions to laboratories, medical review officers, and employers with respect to adulterated, substituted, diluted, and invalid specimen results, and to make specimen validity testing mandatory. An interim rule took effect in 2003; a final rule was expected in late 2007.
MOTOR CARRIER SAFETY RATINGS: The FMCSA hopes to roll out a new operational model to better target its enforcement efforts. This rulemaking would allow the FMCSA to rate carriers based on safety data consisting of crashes, inspections, and violation history rather than the standard compliance review. A proposed rule is expected in May of 2008.
NEW MOTOR CARRIER ENTRANT AUDITS: This rulemaking would change the new entrant auditing process by raising the standard of compliance for passing the audit, make changes to some of the existing new entrant regulations, and propose a separate application procedure and safety oversight system for non-North America-domiciled motor carriers. An interim final rule took effect in 2003; a final rule is expected in March of 2008.
REVOKING YOUR AUTHORITY: The FMCSA is seeking a new rule that will authorize it to revoke the operating authority of (1) a for-hire carrier that has been prohibited from operating in interstate commerce for failure to comply with the agency’s safety fitness requirements, or (2) a passenger carrier conducting unsafe operations deemed to be an imminent hazard to public health or property. A proposed rule is slated for April of 2008.
STOPPING DISTANCES: The National Highway Traffic Safety Administration (NHTSA) has proposed to reduce the stopping distance requirements for trucks equipped with air brake systems. A proposed rule was published in 2005; a final rule is slated for March of 2008.
NEW DRIVER TRAINING: More than 40 hours of behind-the-wheel training and 76 hours of classroom instruction may be required for new interstate truck drivers under a recently proposed rule from the FMCSA. Issued on 12/26/07, the proposed entry-level driver training requirements would apply to all drivers who intend to operate in interstate commerce and who are applying for a commercial driver’s license for the first time, and those who want to upgrade from one class of CDL to another (i.e. from Class C to Class A). The rule would not affect current CDL holders who do not upgrade their licenses after the rule takes effect. The proposed rule lists two courses of instruction, one for Class A applicants and another for Class B applicants. The Class A course would require a minimum of 120 hours of instruction, including at least 76 hours of classroom instruction and at least 44 hours of behind-the-wheel training. The Class B course would require a minimum of 90 hours of instruction, including at least 58 hours in the classroom and 32 hours behind the wheel. Under the proposal, the institution that provides the training must be accredited by the agency and recognized by the U.S. Department of Education or by the Council for Higher Education Accreditation.
~ NTA remains a name you can trust. Our website (www.ntassoc.com) is your official U.S. DOT Internet Training Site and we are administrators of a Nationally Accredited Drug and Alcohol Program. If you have any questions, call me at (562) 279-0557 or send an e-mail to wayne@ntassoc.com. Until next month, “Drive Safe – Drive Smart!”