The new Highway Bill, titled "Moving Ahead for Progress in the Twenty-First Century Act", means big changes for all commercial vehicle fleets. Known as MAP-21, this law was passed by Congress and signed into law by the President on July 6, 2012. The federal government is authorized by this bill to spend $55 billion per year until September 30, 2014.
Administrator Anne Ferro explains that "Our budget may have remained relatively flat compared to previous funding levels under SAFETEA-LU, but the bill gave a significant bump in safety. We're all extremely excited about the initiatives that MAP-21 enables - much of it was [on] our program's agenda."
EOBR's are Mandated
EOBR's - electronic logging devices - are mandated in this new law. Our clients, as well as anyone already running electronic logs, are not concerned. Many have been running EOBR's for a long time. Electronic logging devices have been authorized for use since 1988. Currently, fleets employ electronic logging devices that perform other duties, and they use these devices for financial and safety reasons.
All motor carriers engaged in interstate commerce that maintain driver logs must use electronic on-board recorders (EOBRs) to monitor compliance with hours-of-service regulations. The agency has one year to write the rule, and then drivers would have another two years before they need to start using the devices.
The FMCSA will issue a new EOBR regulation, replacing the former 395.16 that was removed from the Federal Register as a result of a lawsuit. We expect this new regulation shortly after the beginning of the year, which will include technical requirements for EOBR suppliers as well as operational requirements for fleets.
What should fleet managers do? If you are our client - you're covered. If you have questions - contact us.
Hours of Service
The FMCSA must complete a field study by March 31, 2013, on the effectiveness of the 34-hour restart provision in its hours-of-service rules, including the changes to the restart provision that are due to be implemented on July 1, 2013.
The legislation expands the exemptions available to certain farm vehicles and directs the DOT to study the effect of the exemptions and report to Congress within 18 months.
Hazardous Materials
The DOT is authorized to conduct pilot projects on using paperless hazard communications systems and has to report to Congress within two years on the systems' costs and benefits and whether they should be incorporated into the Hazardous Materials Regulations.
The DOT has to conduct an assessment to improve the collection, analysis, reporting, and use of data related to accidents and incidents involving the transportation of hazardous materials.
The DOT is authorized to develop a hazardous materials "technical assessment, research and development, and analysis program" for the purpose of reducing the risks associated with the transportation of hazardous materials and evaluating new technologies to facilitate safe and efficient transportation.
Within 18 months, the DOT has to develop uniform standards for training hazardous materials inspectors on how to collect, analyze, and publish findings from inspections and investigations of accidents or incidents involving the transportation of hazardous materials, how to identify non-compliance, and how to take appropriate enforcement action.
The DOT has to develop a new rule amending procedures used to inspect hazardous materials en-route. Inspectors will have to provide reasonable notice to the offeror, carrier, or other party of the decision to inspect the shipment, any findings that were made, and any actions being taken as a result. The rule will also have to address the resumption of transportation of perishable materials, including radiopharmaceuticals and other medical products that may require timely delivery due to life-threatening situations.
The maximum civil penalties for violations of the Hazardous Materials Regulations are being increased from $50,000 to $75,000 and from $100,000 to $175,000 where the violation results in death or serious illness or injury or substantial property damage.
Within one year, the Government Accountability Office has to report to Congress on the safety of transporting flammable liquids in the external product piping (wetlines) of cargo tank motor vehicles.
New Entrants, Driver Qualifications
Within one year, the FMCSA has to issue a rule establishing new, minimum entry-level training requirements for commercial drivers. The training would have to be completed before a driver could obtain a commercial driver's license (CDL) or upgrade from one CDL class to another.
Within five years, states will have to be able to accept drivers' medical certificates submitted electronically by medical examiners. This would eliminate the need for interstate CDL drivers to submit their medical cards to the state, since the examiner would perform that step.
Within two years, the FMCSA has to establish a national database of commercial drivers who have failed or refused a DOT drug or alcohol test. Employers will be prohibited from hiring any driver who appears in the database and will need to check the database every year for each CDL driver they employ. The FMCSA is authorized to hire a third-party contractor to run the program, and the contractor can charge a "reasonable" fee for each driver record requested.
Within 18 months, the FMCSA will have to write a new rule requiring a written proficiency exam for new motor carriers, to test their knowledge of applicable safety regulations.
Within 2 years, the DOT has to come up with a plan for implementing a "national driver record notification system," under which state licensing agencies would automatically notify motor carrier employers of any changes to a commercial driver's record, including convictions, accidents, suspensions, and revocations. Employers would be charged a fee for the service.
The DOT has to develop rules requiring new motor carriers to undergo a safety fitness review within 12 months of beginning operations, though new motorcoach operators will need the review within 120 days.
The FMCSA has been granted new authority to revoke the registration and/or take other enforcement action against carriers that violate safety rules, operate without registration, try to evade detection as a "reincarnated" carrier, are declared an imminent hazard, or engage in other unsafe or illegal practices. The agency will be able to order an entire fleet out of service for operating without proper registration.
The FMCSA has to report to Congress within six months on the appropriateness of the current financial responsibility, bond, and insurance requirements.
The FMCSA has new authority to require motor carriers to update their registration information within 30 days after a change in the company's address, contact information, officers, process agent, or other essential information.
The FMCSA will need to require motor carriers of passengers to update their registration information on a quarterly basis for the first two years after initial registration, including number of vehicles, annual mileage, and the identity of individuals responsible for compliance.
Motorcoach Operations
The DOT must write new regulations within one year to require safety belts to be installed in motorcoaches at each designated seating position.
Within two years, the DOT must consider new rules establishing improved roof and roof support standards, advanced glazing standards, and anti-rollover technology for motorcoaches.
Within three years, the DOT has to consider new rules that would upgrade motorcoach tire performance standards and require motorcoaches to be equipped with direct tire pressure monitoring systems.
The DOT has to undertake research and testing to determine the most common causes of motorcoach fires and the best methods to prevent such fires. The agency may then consider adopting new fire prevention standards for motorcoaches.
Within three years, the DOT must conduct research and testing on enhanced occupant impact protection technologies for motorcoach interiors, enhanced compartmentalization safety countermeasures for motorcoaches (including enhanced seating designs), and forward and lateral crash warning systems for motorcoaches. The DOT may then adopt new rules based on its findings.
The DOT is required to determine the safety fitness of each registered motor carrier of passengers through a "simple and understandable rating system that allows passengers to compare the safety performance of each such motor carrier." The DOT also must reassess the safety fitness rating of each motor carrier of passengers at least every three years, and annually assess the safety fitness of certain carriers that serve primarily urban areas with high passenger loads.
The DOT has to review the standards needed to obtain a passenger endorsement and then report to Congress on its findings.
Within three years, the DOT must consider requiring states to establish a program for annual inspections of commercial motor vehicles designed or used to transport passengers.
Jill Farris of Foreman Bros Inc. accepted the Peak Performance Award from FedEx for increasing capacity 200%. Foreman Bros Inc is based in Detroit MI, and has been serving the parcel and postal markets since 1951. 
At the 2012 National Convention in Jacksonville, FL, John Sheehy was elected President of the National Star Route Mail Contractors Association. John is President of Sheehy Mail Contractors Inc., a LoadTrek client based in Waterloo, WI. 