Waynes World - February 2008
NEW TRUCK DRIVER TRAINING REQUIREMENTS,
ELECTRONIC ON-BOARD RECORDERS, AND...
UPDATES ON VARIOUS
RULES & REGULATIONS
by Wayne Schooling
HOURS-OF-SERVICE: The Federal Motor Carrier Safety Administration (FMCSA), in a long-awaited response to a ruling striking down key portions of its driver hours-of-service regulations, said it would continue allowing drivers 11 hours behind the wheel daily and letting them reset the weekly limit after a 34-hour break. FMCSA made no changes to the hotly contested 2005 rule, leaving the sleeper-berth provision unchanged.
DRUG & ALCOHOL TESTING: The FMCSA will not be changing its drug and alcohol testing rates anytime soon, thanks to usage rates that have remained steady for more than eight (8) years. In its latest survey of drug and alcohol use, the agency found that an estimated 1.7% of drivers in 2005 used drugs and .2% used alcohol while on duty.
LANGUAGE REQUIREMENTS: Drivers who are not able to meet the English language requirements of the FMCSA may be placed out-of-service under a new policy. The driver will be cited and placed out-of-service based on the rule Part 391.11(b)(2), which has been in effect for over 38 years, since 1970. According to officials at the FMCSA, the new policy represents the agency’s effort to “catch up” to existing, similar policies from the states and the Commercial Vehicle Safety Alliance (CVSA), which represents enforcement personnel and out-of-service criteria.
NEW DRIVER TRAINING RULE: On December 26, 2007 the FMCSA published its Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators. The proposed rule would not apply to drivers who currently possess a CDL or obtain a CDL before a date three years after a final rule goes into effect. Following that date, persons applying for a new or upgraded CDL would be required to successfully complete specified minimum classroom and behind-the-wheel training from an accredited institution or program. The state driver licensing agency would only issue a CDL if the applicant presented a valid Driver Training Certificate obtained from an accredited institution or program.
HOMELAND SECURITY: The Department of Homeland Security has proposed new minimum standards for state-issued driver’s licenses and ID cards that federal agencies would accept for official purposes after May 11, 2008, in accordance with the Real ID Act of 2005. This rule proposes several items, including: information and security features that must be incorporated into each card; application information to establish the identity and immigration status of an applicant before a card can be issued; and physical security standards for locations where driver’s licenses and applicable identification cards are issued.
LARGER FINES FOR VIOLATIONS: A recent report from the U.S. Government Accountability Office (GAO) shows that the FMCSA does not assess maximum fines against carriers with a pattern of serious violations, and only assess maximum fines against carriers for the third instance of violation. But the Motor Carrier Safety Improvement Act of 1999 requires the FMCSA to assess the maximum fine on the second instance. After the report was made public, Rep. James L. Oberstar (Minn) urged FMCSA Administrator John Hill to take immediate steps to bring FMCSA into compliance with the statutory requirements on assessing maximum penalties to repeat rule violators.
ON-BOARD RECORDERS: Proposed rules requiring that certain “bad apple” trucking companies install electronic on-board recorders (EOBRs) to track their drivers’ hours-of-service may be expanded to cover additional companies once the rules are finalized this year. FMCSA is currently reviewing comments on the proposed rules, and due to very strong feedback from groups that want all trucks to have EOBRs, the agency may increase the number of companies that would be required to install the devices. FMCSA said the only certain that’s fairly certain is that they will probably do something to require more carriers to install EOBRs.
HAY HAULERS GET A BREAK: Motor carriers transporting bales of hay and straw will no longer be held to the same cargo securement standards as other carriers if certain conditions are met. The FMCSA has adopted a new policy stating that loads of square bales of hay and straw are considered to be adequately secured if: 1) The load is unitized using longitudinal ropes or tie down assemblies and a loading pattern that interlocks adjacent bales together; 2) The aggregate load limit requirements of 49 CFR 393.106(d) are complied with; 3) At least one lateral tie down is placed in the center of the length of any truck or trailer 32 feet or less in length; and 4) At least two lateral tie downs are placed at one-third and two-thirds of the length of any truck or trailer greater than 32 feet long. If the loads are not unitized and secured according to the above standards, the general cargo securement rules of Part 393 would still apply.
CALIFORNIA HOURS-OF-SERVICE: The CHP (California Highway Patrol) has amended its hours-of-service regulations for intrastate operations. An intrastate truck driver may not drive more than 12 cumulative hours following 10 consecutive hours off duty or for any period after the end of the 16th hour after coming on duty following 10 consecutive hours off duty. An intrastate driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid may not drive more than 10 hours following 10 consecutive hours off duty and after the end of the 16th hour after coming on duty following 10 consecutive hours off duty. The new rules maintain the 80 hour/8 day limit, but add the 34-hour restart provision. These amendments do not apply to motor carriers and drivers engaged in interstate commerce and the driver of a vehicle transporting hazardous substances or hazardous waste, as defined in 49 CFR 171.8. These drivers must comply with the federal driver hours-of-service regulations contained in 49 CFR Part 395
~ 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!”